Parks and Sons 2020 Amendment

City of El Mirage — Regular Meeting (2020-08-18)

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CITY OF EL MIRAGE 
Continuation and Amendment of Existing Agreement 
 
The undersigned hereby agrees to continue and amend the existing agreement 
between the City of El Mirage, an Arizona municipal corporation (“Customer”)  
and Parks and Sons, (“Company”) under the existing terms and conditions as set 
forth in the Agreement between the City and the Company.  This Agreement takes 
precedence over previous Agreement as identified below. 
 
l, The expiration date of this Continuation and Amendment of Existing Agreement 
will be June 30, 2021. 
 
2. This Amendment shall begin September 1, 2020 and will be renewable following 
the Continuation and Amendment of Existing Agreement expiration date for 
successive one (1) year terms, unless either party provides written notice of its 
intention to not renew, no less than thirty (30) days before expiration of the current 
term. 
 
3. Company shall make available to Customer and its residents curbside trash services 
and bulk trash pickup services. Company will provide weekly curbside trash 
services/collections to City and its residents, consisting of one (1) trash and one (1) 
recycling pickup weekly. Collection schedule will be agreed upon each year by 
Customer and Company. 
 
4. Collection Service Rate: The Company will maintain the existing rate of $7.82 per 
unit per month for curbside trash/recycling collection. Beginning December 2020, 
the rate is subject to one rate adjustment annually. The rate adjustment will be 
analyzed each January and with agreement, will be effective on each subsequent 
July. The rate may be adjusted to reflect the change in the National Consumer Price 
Index for Urban Consumers (CPI-U) U.S. city average for the previous twelve (12) 
months, or by three percent (3%), whichever is less. 
 
5. Refuse Disposal Rate: The Company will maintain the existing rate of $3.95 per 
unit per month for recycling processing and/or disposal. The Customer and 
Company understand that fees to dispose of and process recyclables will vary based 
on market factors not controlled by either party. Due to the fluctuations of these 
markets, the Customer and Company agree to a cost share of disposing of 
recyclables from the program for materials collected from Customer’s residents. 
The Company will charge Customer a rate of 4.39% ($3.95) of the process 
recycling fee charged per unit ton per month to dispose of and/or process the 
recyclables collected. This rate is subject to an annual modification based on fees 
charged to the Company. The annual modification will be agreed upon each year 
by Customer and Company. The modification will be analyzed each January and 
with agreement, will be effective on each subsequent July. 
 
Company will supply Customer with a copy certifying rates from vendors for its

records.  In the event that the cost to the Company to process recyclables should 
increase more than 20% from the current rate charged to the Customer to process 
recyclables during the course of the current contract term, the Customer and 
Company reserve the right to re-evaluate the curbside recycling program in the best 
interest of both parties.   
 
Should the City suspend or eliminate the curbside recycling program, the rate may 
be reduced by agreement of both parties without amending this agreement. If after 
having suspended or eliminated the curbside recycling program the City later 
chooses to resume curbside recycling, the rate may be reinstated to the collection 
service rate plus annual rate adjustments, with the disposal rate factored at the same 
processing fee cost share as detailed above. 
 
6. Company agrees, to make available to Customer a curbside bulk trash services 
(Event) by collecting "Acceptable Items" that residents will place in front of their 
homes during scheduled dates.  Acceptable items, schedules, procedures and 
hours of operation will be in accordance with City Code and agreed upon by City 
and Company with an annual Scope of Work. The Scope of Work is an 
administrative document and may be changed from time to time, 
 
7. The Company shall maintain all books, paper documents. accounting and payroll 
records and other evidence pertaining to such billings of the Event and shall make 
such materials available at all reasonable times to the City. 
 
THE BELOW LISTED PERSON WARRANTS THAT HE OR SHE IS 
AUJTHORIZED TO BIND THE LISTED ORGANIZATION/PARTY TO THE 
TIRMS AND CONDITIONS OF THIS AGREEMENT. 
 
CITY OF EL MIRAGE: 
 
  
 
 
PARKS AND SONS: 
 
 
 
_____________________________  
 
________________________ 
By:   
J. Crystal Dyches 
 
 
 
By: Ryan Taylor 
Its: 
City Manager  
 
 
 
Its: General Manager 
 
Attest: 
 
 
_____________________________ 
Sharon Antes, City Clerk 
 
 
 
_____________________________  
Justin Pierce, City Attorney