Amendment

City Clerk Document No.

City Councll Meeting Date:_February 25, 2021 _

“AMENDMENT TO: CITY OF CHANDLER AGREEMENT
PROCESSING AND MARKETING OF RECYCLABLE MATERIALS
CITY OF CHANDLER AGREEMENT NO. PW8-926-3939 |

“THIS AMENDMENT NO. 2 (Amendment No. 2) is made and entered into by and between the City of
Chandler, an Arizona municipal corporation (City), ahd United Fibers, LLC, (Contractor), (City and
Contractor may individually be referred to as Party and collectively referred | to as Parties) and made
2021 (Effective Date). ‘

RECITALS

a A

WHEREAS, the Parties entered into an agreement for processing and marketing of recyclable
materials (Agreement); and

WHEREAS, the term ofthe Agreement was March 1, 2019 through February 28, 2020 with the option
of upto four one-year extensions; and

WHEREAS, the Parties exercised ‘the ‘first option to extend for the period of March 1, 2020 through
February 28, 2021; and

WHEREAS, the Parties wish to exercise the second option through this Amendment to extend the
Agreement for one year, March 1, 2021 through February 28, 2022.

AGREEMENT

NOW THEREFORE, the Parties agree as follows:

1. The recitals are accurate and are incorporated and made a part of the Agreement by this
reference.
2. Section 4, Price is amended to read as follows: The City will pay the Contractor the per unit cost

set forth in. Revised Exhibit B of the original Agreement, attached to.and made a part of this
Amendment No. 2. Total payments made to the Contractor during the term of this
Amendment No, 2 will not exceed $1,200,000.

3. Section 5, Term Is amended to read as follows

ng Agreement Is extended for  orve-year
period March 1, 2021 through February 28, 2022," ".."” :

4. All other terms and conditions of the Agreement Femaln unchanged and In full force and
effect, If a conflict or ambiguity arises between this. Amendment No. 2 and the.Agreamant, the
terms and conditions In this Amendment No. 2 prevail and coritrol,

IN WITNESS WHEREOF, the Parties have entered into this Antendment on the Effective Date,

FOR THE CITY - "FOR THE CONTRACTOR

its: Mayor 1st _Terhewe
APPROVED AS.TO FORM:
By: A
City Attorney WW?
ATTEST: °
By:

City Clerk

REVISED EXHIBIT B
FEE SCHEDULE

Section 1 - Processing Fee ‘ : :
The Processing Fee is a firm, fixed, all-inclusive fee for processing of Clty recyclable materials, |

$85.00 per ton, paid by the City to the Contractor, with no additional Education Fee.

Section 2 - Revenue Share oo

Each commodity sold for the month will be divided by the tons for that commodity to determine the
weighted average. The percentage of each commodity will be determined by the results of the quality
audits performed by the Contractor in conjunction with the City. If freight Is not included In the sales
price and is paid by the Contractor, the cost may be deducted from the sales price of the commodity
to obtain the true net sales price.

The City may review records of actual sales upon request.

i
55% of the weighted average of actual sales, paid to the City by the Contractor. Revenue share
for ONP will be RISI Yellow Sheet Index Mixed Paper (54) Southwest High Side. i

Section 3 — Waste Disposal Fee
A Waste Disposal Fee will be assessed for all waste received. The Waste Disposal Fee is.a firm, fixed,
all-inclusive fee for disposing of waste received from the City.

$40.00 per ton, paid by the City to the Contractor.