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HomeMy WebLinkAboutContract 28508-E2 STATE OF TEXAS § CITY SECRETARY § CONTRACT NO. COUNTIES OF TARRANT, § DENTON,PARKER AND WISE § SECOND EXTENSION TO CITY SECRETARY CONTRACT NO. 28508 WITH IESI TX LANDFILL,LP FOR MUNICIPAL YARD WAST PROCESSING AND TYPE IV, C&D WASTE AND LARGE BRUSH AND BULKY ITEMS THIS SECOND EXTENSION is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and IESI TX Landfill, LP ("Contractor"), by and through C1u yM , its duly authorized Region Vice President. WHEREAS, the City and IESI TX Corporation, a Texas Corporation, entered into that certain agreement identified as City Secretary Contract No. 28508 for a term beginning April 4, 2003 and ending March 31, 2013 ("Contract"); and WHEREAS, such Contract provided for three (3) consecutive (10) year renewal options, provided all other conditions remained the same as detailed in the Contract; and WHEREAS, the parties executed a shortened extension period through March 31, 2018 in an amendment to the Contract which provided for an additional two (2) ten (10) year renewal options on or about May 2, 2013; and WHEREAS, both parties wish to exercise one of the renewal options in the Contract as provided herein. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: I. Section 4: Term of the Contract shall be renewed as follows: "The renewal term of this Contract shall begin April 1, 2018 and end on March 31, 2028, unless otherwise terminated as provided in the Contract. City shall have the right to extend the Contract for another consecutive ten (10) year renewal terms, provided City and Contractor agree to extend this Contract in writing at least thirty (30) Days prior to the end of the initial term or the then current renewal term; such agreement shall be made in a written amendment to the Contract. All terms and conditions shall remain the same unless otherwise stated in the amendment." 4- �sFo9T �o�g OFFICIAL RECORD c9k, op CITY SECRETARY FT.WORTH,TX II. Section 6: Payment A:2 shall be amended to include A:2.2 as follows: 2.2 Effective October 1, 2018, the agreed upon per weight Ton price for Disposal shall be sixteen dollars and fifty cents($16.50)through March 31, 2019, and shall thereafter be adjusted by the Cost Adjustment Method for each Year thereafter as described in Attachment A, as amended herein. III. Attachment A: Cost Adjustment Method shall be amended to now use the Garbage and Trash Collection -CUSROOOOSEHGO2 CPI effective April 1, 2018. The first cost adjustment using the Garbage and Trash Collection CPI shall occur on April 1, 2019 as shown on the Amended Attachment A exhibit to this extension. IV. Other Terms and Conditions. All other terms and conditions of City Secretary Contract No. 28508 remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this amendment on this 23 day of M wr-(/h, , 2018. CITY OF FORT WORTH IESI TX Landfill,LP By: IESI TX GP Corporation, lag its general partner .Lr-z.,O- 0 ." 6��- Us-� Fernando Costa �ii't�(,cttn � D'l So KA 1 -n ,Region ice President Assistant City Manager Raber+ A, ATTEST: WITNESS: . 1 l Mary Kayse City Secretary -. , T 14a APPROVED AS TO F .: RPORATE SEAL: AND LEGALITY: �' M&C:_ SSA Christa' . Lopez-Rey lds ;;� �' 1295: ON - Senior Assistant City Attorney ,` -2- OFFICIAL RECORD CITY SECRETARY " wmrrru Iry Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Io / Name of Employee/Signature Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT.WORTH,Tx