Res 2024-206 approving a Change in Service to the agreement with Texas Disposal Systems, Inc., for the collection and disposal of solid waste and recyclable materials to extend the term of the agreement for five additional years

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3.2.1 Payment for each month's service will be determined by applying the contract residential and multi- family unit price for collections to the actual number of occupied residential or multi-family dwelling units within the contract area during the immediately preceding month as shown by the City's utility billing records to include the monthly costs for: • City services, • special events; and • community cleanups. plus,the contract unit price per additional cart per actual number of additional carts delivered and serviced. 3.2.2 New accounts added after the first day of a month will be counted as having received service for a full month.Accounts discontinued during a given month will be counted as not having received service for that month, as determined by the above described reports. 3.2.3 On an as needed basis, but at least twice annually, and at a time mutually agreeable by the City and Contractor,Contractor will provide the City with billing audits which will compare units being billed versus units serviced to make certain that customer billing is accurate. When the Contractor identifies units that are being serviced and are not being billed,the Contractor will provide the addresses of the units to the City as well as the type of service being provided and the date such service began or ended. The City will have 60 business days to verify the list and provide a response to the Contractor. The City may ask for an extension as necessary to complete the audit process. Units not being billed in error will be added to the billing.Units that should not be billed will be returned to the Contractor with the reason for not being added to the billing. The City's reconciliation of discrepancies will be final, subject to dispute resolution. Section 3.3 Modification of Rates 3.3.1 The total rate charged by the Contractor for the period beginning October 1, 2025 for the duration of the first contract term as identified in Article 6 will be adjusted upward annually by 3% on the compounded rate. The Contractor may petition City at any time for additional rate and price adjustments due to unusual changes in its cost of operations, such as revised laws, ordinances, or regulations; increase in the cost of doing business, such as but not limited to increases in operating costs. City will consider such a request in good faith. 3.3.2 Six(6)months prior to each renewal term the Contractor may provide historic cost information for the expiring term if requested by City. Based on these cost changes the parties will agree to new annual price percentage increase for the next contract renewal period. ARTICLE 4 REVENUE SHARING Section 4.1 The contractor will share revenue from San Marcos recycling commodities based on the following. 4.1.1 The City will receive from the contractor revenue of 10% of commodity market prices for commodities over$80/ton and volumes exceeding 100 tons per month. 4.1.2 The rebate market value is capped at$120.00/ton.