HomeMy WebLinkAboutC2021-190 - 7/27/2021 - ApprovedFIRST AMENDMENT TO RECYCLING SERVICES AGREEMENT
This First Amendment to the Recycling Processing Services Agreement (this "First
Amendment") is made effective as of March 1, 2021, between the City of Corpus Christi, Texas
(the "City"), and BFI Waste Services of Texas, L.P., a Delaware limited partnership, doing
business as Republic Services of Corpus Christi (the "Contractor").
Recitals
A. The City and Contractor entered into the Recycling Processing Services Agreement
dated January 27, 2021 (the "Agreement"), whereby Contractor agreed to provide certain recycling
processing; services to the City.
B. The City and Contractor now desire to amend and ratify certain provisions of the
Agreement as more fully set forth below.
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which the parties acknowledge, the parties agree to the following terms and conditions:
1. Fee: Calculation and Payment Due. Section 3, Fee; Calculation and Payment Due;
Educational Support Contribution, is modified as follows:
(a) Section 3(A) is deleted and replaced with the following:
"(A) Processing Fee. The City will pay the Contractor a processing fee of S126
per ton for each ton of Program Recyclables processed by the Contractor
("Processing Fee"). The Processing Fee will not be paid for any material hauled by
the Contractor to the City's landfill or disposed of elsewhere prior to processing.
The Processing Fee will be held firm for the Initial Term of this Agreement. This
Agreement also includes a revenue -sharing; arrangement ("Recyclable Revenue
Share"), meaning the parties agree to split Gross Recyclable Revenues received from
Contractor's sale of Program Recyclables to third parties with the City receiving;
55% of the Gross Recyclable Revenues."
(b) Section 3(B) is deleted and replaced with the following:
"(B) During; the Initial Term and any Renewal Term, to deterinine the monthly
amount owed by the City to the Contractor, the Contractor shall subtract the City's
Recyclable Revenue Share from the Processing; Fee. For illustration purposes, an
example of the calculation for a monthly invoice is as follows:
Processing Fee (incurred by City from 1" to end of month)
minus City's Recyclable Revenue Share (55% of Gross Recyclable Revenues)
= Amount due to Contractor"
(c) The last sentence of Section 3(C) is deleted.
2. Definitions and Use. The following changes are made to Article 1, Attachment A:
(a) The definition of "Recyclable Revenue Share" is modified as follows:
"Rec},clahle Revenue Share means the percentage portion of the Gross Recyclable
Revenues that each party is entitled to receive pursuant to this Agreement, such
percentage being shared between the parties and comprised of 55% to the City and
45% to Republic Services."
(b) The definition, "Recyclable Revenues, Net" is deleted. Any other reference
to "Recyclable Revenues, Net" or "Net Recyclable Revenue" is also removed from
the Agreement.
(c) The definition, "Program Recyclables" is modified as follows: "Program
Recyclables" means materials collected by City Vehicles (or City contracted
vehicles and/or drivers) and other sources and delivered to the Contactor for
processing, marketing, and sale to third parties."
(d) A definition for "Litter Critter Event" is added as follows: "Litter Critter
Event" means a pre -planned and scheduled community -wide event, which is held
during specified hours, on date(s), and at location(s) selected by the City for the
collection of brush and bulky items dropped off at no cost by citizens for placement
into one or more roll -off containers, or other containers of sufficient size, provided
and removed by Contractor.
3. Hours of Operation. Article IILA, of Attachment A, is modified as follows: The
Standard flours of Operation are changed to 8:00 a.m. to 7:00 pm Central Time, Monday through
Friday. The modification to the Standard flours of Operation is effective on and after August 1,
2021. Except for the modification to the Standard Hours of Operation as stated in this section of
the First Amendment, the remainder of Article lll.A. not modified by this First Amendment,
remains unchanged and in full force and effect.
4. Administrative Charges. Article X, subparts A. and B., of Attachment A,
Administrative Charges are modified as follows:
(A) The Contractor understands and agrees that, if the Contractor does not timely
perform its obligations pursuant to the terms of the Agreement or violates any
provision of the Agreement, the City may suffer damages which are difficult to
determine and adequately specify. The Contractor further agrees, in addition to any
other remedies available to City, that City may assess a fee to the Contractor in the
amounts specified in this subsection as administrative charges for failure of the
Contractor to fulfill its obligations ("Administrative Charges"). The City is to inform
Contractor in writing of any contractual issue at the time of occurrence. The
Contractor will be given a 30-day cure period to remedy each issue, except as
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pertaining to a Litter Critter Event (described elsewhere in this Agreement), in which
case the Contractor will be given a 5-day cure period. If the Contractor fails to cure
within the 30-day period, or 5-day period if applicable, the City may impose a $100
per day penalty, or S 1,000 per Litter Critter Event penalty, as applicable.
(B) The following acts, omissions, and misconduct by the Contractor shall be
considered by the City as non-compliance infractions, and the City may require
payment by the Contractor of the Administrative Charge set forth for such each act,
omission, or conduct on the occasion(s) of its occurrence, as indicated below:
Failure to maintain records with the required data and information: S 100 per day
Failure to timely deliver a required report: S 100 per day for each day submitted late
Failure to accept materials during Standard Hours of Operation: S 100 per day
Failure to maintain the scale house's data and timekeeping system to accurately
capture the required information: S 100 per day
Failure to achieve City Vehicle turnaround time: S100 day
Disposal of any Program Recyclables without written pre -approval: S 100 per
occurrence
Failure to place roll -off box(es) at site location and begin a Litter Critter Event by
the time stated: S1,000 per occurrence
Failure to remove roll -off box(es) at the concluding time of a Litter Critter
Event: S1,000 per container
5. Miscellaneous. The following items are added to the Agreement as indicated or are
modified within the Agreement as follows:
(a) New Article X11I, entitled "Litter Critter Events," is added, with the content
to read as follows:
Contractor shall provide, at no cost to the City, up to eight 40-yard roll -off boxes,
or equivalent, at each Litter Critter Event on the second Saturday, or other selected
date, of each month (maximum of 12 events per contract year of this Agreement).
Contractor's personnel and equipment shall be on location from 9:00 a.m. to 3:00
p.m. for each event. The Contractor shall be responsible to supply the roll -off boxes
and transport the waste to the Cefe Landfill with no disposal charges for the
Contractor. Separate collection of tires and metals shall be provided, with the tires
being transported to the J.C. Elliot Transfer Station and the metals being recycled.
Additional 40-yard containers will be provided by the Contractor for a fee of S600
per container after notification by the City during; an event.
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(b) Section 3(D) of the Agreement is deleted and replaced with the following:
to read as follows:
(D) For public recycling educational purposes, Contractor shall remit a payment
of S2 per ton for each ton of pre-processed Program Recyciables delivered to the
Designated Facility over the preceding monthly period, with such payment to be
used by the City for communication and education purposes related to recycling
("Recycling Education Support Contribution"). The Contractor shall remit monthly
the Recycling Education Support Contribution thirty days after remittance of
invoice. Remittance of the Recycling Education Support Contribution payment by
the Contractor shall continue monthly during the term of this Agreement. Payment
of the monthly Recycling Education Support Contribution to the City is not subject
to any offset, credit, or deduction by the Contractor from any other invoices,
payments, or credits which may be due to or owed by the Contractor. The
Contractor shall provide the following in -kind services, not to exceed a value of
S 150,000 in support of the City's recycling education program, in addition to the
monetary amount stated in the Agreement:
In -person recycling training for City schools. Contractor shall implement a
recycling education project as a whole school program in coordination with
the participating schools selected by the Director of Solid Waste Services
beginning in the Fall of 2021 and continuing through the Winter of 2023.
Contractor shall facilitate and be responsible for ensuring that four of the
selected schools, as determined by the Director of Solid Waste Services, receive
one in -person presentation and event that reaches all of the students at the
school, as follows:
Contractor shall conduct, at a minimum, a 45-minute educational PowerPoint
presentation at four of the schools during an assembly or in physical education
("PE") classes, as preferred by each school principal, with the presentation to
include the use of video clips and/or "Cleanup Programs".
Host scheduled tours of the Designated Facility at least four times per contract
year (one per quarter) of between 2 to 4 hours in duration to be scheduled by
the Director of Solid Waste Services with a minimum of 30-day notice.
G. Capitalized Terms. Capitalized terns used but not otherwise defined in this First
Amendment shall have the meanings assigned to them in the Agreement.
7. Continuing Effect. Except as expressly modified or amended by this First
Amendment, all terns and provisions of the Agreement shall remain in full force and effect. In the
case of a conflict in meaning between the Agreement and this First Amendment, this First
Amendment shall prevail.
8. Counterparts. This First Amendment may be executed in one or more counterparts,
each of which shall be deemed an original and all of which combined shall constitute one and the
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same instrument. Facsimile and/or electronic copies of the parties' signatures shall be valid and
treated the same as original signatures.
IN WITNESS WHEREOF, the parties have entered into this First Amendment to be effective as
of March 1.2021.
CONTRACTOR:
BFl WASTE SERVICES OF TEXAS, LP
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CITY:
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