Res 2015-006/approving fourth amended and restated contract for collection and disposal of solid waste and recyclable materials with TDS

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RESOLUTION 2015 -06R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING A 1.094% ADJUSTMENT TO THE RATES CHARGED BY TEXAS DISPOSAL SYSTEMS, INC. IN ACCORDANCE WITH THE FOURTH AMENDED AND RESTATED CONTRACT FOR COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS; APPROVING AMENDMENT #1 TO THE CONTRACT WITH TEXAS DISPOSAL SYSTEMS, INC.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO. 1 ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City approved a Fourth Amended and Restated Contract (the "Contract ") for Collection and Disposal of Solid Waste and Recyclable Materials with Texas Disposal Systems, Inc. ( "TDS ") on October 2, 2013. 2. The rates charged by TDS as set forth in Exhibit A to the Contract are subject to adjustment annually based on the net percentage change over the previous 12 months to the Producer Price Index for Solid Waste Collection and the Producer Price Index for #2 Diesel Fuel in accordance with Section 3.3 of the Contract. 3. Based on the formula set forth in the Contract, the rates charged by TDS to the City of San Marcos will increase by 1.094 %. 4. In addition TDS has petitioned the City for an increase in operation costs as allowed under Section 3.3.5 of the Contract and as set forth in the attached Amendment #1 to the Contract. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The 1.094% increase to the rates charged by Texas Disposal Systems, Inc. in accordance with the Contract with TDS is approved. PART 2. The attached Amendment #1 to the Contract with TDS increasing allowed operation costs is approved. PART 3. The City Manager., or his designee is authorized to execute Amendment No. 1 on behalf of the City. PART 4. This Resolution shall be in full force and effect immediately from and