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..,ONTRACT NO . /
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is executed as of the �Nday of
2004 by Waste Management of Texas, Inc. (WM), and the
City of Fort Worth, Texas (the "City"). The term sheet attached hereto as Exhibit "A"
(the "Term Sheet") is hereby incorporated herein and made a part of this Memorandum of
Understanding for all purposes. The purpose of this Memorandum of Understanding is to
set forth the agreement in principle between the City and WM with respect to an
amendment to the City Secretary Contract No. 28358 entitled "Contract for the Collection
of Residential Garbage, Refuse, and Small Bulky Waste, Recyclables, Certain
Commercial Solid Waste, Yard Waste, C&D, and Large Brush and Large Bulky Waste"
(the "Contract") as defined in the Term Sheet. Upon execution of this Memorandum of
Understanding, the parties will proceed to negotiate in good faith the definitive
agreements which will include mutually acceptable provisions relative to the amendment
to the contract and all matters related thereto including the terms and conditions set forth
in the Term Sheet.
Executed effective as of the date first set forth below.
CITY OF FORT WORTH WASTE MANAGEMENT OF TEXAS, INC.
(4�, 62 ,
By: I�Lu
Charles Boswell
Assistant City Manager Title: /UT7X M7— A46A- V P
Approved as to form and legality: Attest:
Assistant Mty Attorney 0 Sylv' Glover, Acting City Secretary
�.on
contract Authoriza�tiox �'D
Date :.!' �i U.-A3
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on J u�l� �k1, 20D�
2004 by ",O fy iy,�eoAktf , of
Waste Management of Texas, Inc., a Corporation, on behalf
of said Corporation.
0M.1"",
DOROTHY DOROTHY GOLDEN
Notary Public,State of Texas
My Commission Expires No PUbll , to of Texas
May 23,2007
Notary's prin me: 0ml
Commission expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on `Jkl /Lt- ,,30 ,
2004 by �',�1Gfl� �OSw�� SSiS tN✓'1Q0f1Qk--of the
City of Fort Worth, Texas, on behalf of the City.
TRACCY M. Mc`✓AY F Notary Publi , State of Texas
MY MvNI- 310N RLS Notary's printed name:
September 11,'2007
Commission expires: q-�
EXHIBIT "A"
TERM SHEET
I. The City of Fort Worth and Waste Management of Texas, Inc. propose
making a contractual amendment to City Secretary Contract No. 28358 for
the Collection of Residential Garbage, Refuse and Small Bulky Waste,
Recyclables, Certain Commercial Solid Waste, Yard Waste, C&D and
Large Brush and Bulky Waste. The City seeks to change the Large Brush
and Bulky point-to-point on demand system of collection described in the
Contract, to a scheduled weekly collection of Large Bulky Waste and an
enhanced weekly Yard Waste and Brush pick up. Other contractual
matters affecting the performance of this agreement shall also be
addressed. The following are the general terms of the proposed
amendment, which will be incorporated into a binding agreement between
the parties.
II. Enhanced Weekly Yard Waste Collection Program.
WM shall collect Yard Waste on a weekly basis. Each Service Unit,
including vacant lots and vacant houses, shall receive one weekly Yard
Waste collection per week. The weekly Yard Waste collection procedures
shall be as follows:
a. Each Service Unit shall be entitled each week to place
curbside for collection an unlimited amount of yard trimmings
contained in a kraft paper yard waste bag and/or a green
waste cart purchased from the City.
b. Each Service Unit shall be entitled to place curbside for
collection an unlimited amount of tied and bundled Small
Brush which shall be defined as limbs that are up to four
inches in diameter each, and each bundle shall not exceed
40 pounds nor four feet in length.
C. In addition to such Yard Waste as may be set out and as
WM shall collect per a. and b. above, during each weekly
collection, WM shall collect up to 30 cubic yards of
unbundled and untied Brush.
d. For the Brush described in I I.c above
i. if the Brush pile is 3 cubic _yards or less, WM shall
collect the Brush on the Se rv' nit's Collection
Day. CIE
1.
Voted on Term Sheet for MOU
Amendment to Brush and Bulky Waste /
CRP 06.30.04v7Weekly
ii. If such brush pile is greater than 3 cubic yards but
less than 30 cubic yards, then WM shall collect 3
cubic yards on the scheduled Collection Day and
then shall collect the remainder of such pile within
72 hours of such Collection Day
iii. If a brush pile exceeds 10 cubic yards, but is 30
cubic yards or less, WM shall collect the entire
brush pile as set forth in (ii) above, at an additional
charge of $50.00 for each 5 cubic yards in excess of
10 cubic yards.
iv. An unbundled and untied brush pile in excess of 30
cubic yards shall be Non Compliant and WM shall
notify the City.
III. Weekly BulkV Waste Collection Service.
WM shall collect Bulky waste on a weekly basis. Each Service Unit shall
receive one Bulky Waste pick up per week. Weekly bulky waste collection
procedures shall be as follows:
a. Each Service Unit shall be entitled to place curbside, and
WM shall collect, up to 10 cubic yards of Bulky waste, once
per week.
b. If a Bulky waste pile exceeds 10 cubic yards, but is 30 cubic
yards or less, WM shall collect the entire Bulky waste pile
within 72 hours from the initial collection at an additional
charge of $50 for each 5 cubic yards in excess of 10 cubic
yards. If a Bulky waste pile is 30 cubic yards or more, WM
shall mark such pile and notify the City that a Non Compliant
Pile exists.
IV. Non Compliant Piles.
a. A "Non Compliant Pile" shall be a pile which (i) is over 30 cubic
yards, (ii) is a commercial pile, (iii) is an illegally dumped pile,
and (iv) is a contaminated pile as defined in the City's Code of
Ordinances and as may later be amended. However, Yard
Waste which is produced by a service provider hired by the
resident and generated at that resident's Service Unit may be
placed at the resident's curb for collection in accordance with
these provisions. WM shall notify the City in the event it believes
that the Yard Waste was commercially generated ancTvas not
Voted on Term Sheet for MOU
Amendment to Brush and Bulky Waste
CRP 06.30.04v7Weekly
hired by the resident whose property it is placed upon. The City
shall assist WM in identifying the abusing service provider.
b. WM recommends collection of Non Compliant Piles, as
described in IV.a.i-iii, as follows:
i. by City crews;
ii. by contracting with WM to collect such piles; or
iii. by contracting with another contractor to collect such
piles; and
iv. recommends requiring residents to obtain a roll-off
container if that resident wishes to generate brush and
bulky waste piles in excess of 30 cubic yards.
c. Contaminated piles, as described in IV.a.iv, shall be picked up
weekly by WM unless both parties agree otherwise.
V. Rate.
In consideration of the modifications to the Yard Waste and bulky waste
programs as described above, the base rate per Service Unit shall be
increased by $2.21 per month over the current base rate. The new rate
shall begin upon the commencement of the Transition Period as described
below. This price shall not be predicated on Waste Management's Dick
Price Road issue.
VI. Cessation of the Point-to-Point on Demand System.
Effective Monday, July 5, 2004, the Large Bulky Waste point-to-point on
demand system shall be terminated and WM shall no longer be obligated
to collect brush and bulky waste on a call in basis. The equipment
currently utilized for the point-to-point on demand system, which is 10
vehicles, shall be redirected to collect brush and bulky piles as directed by
the City and to supplement the storm chasers, currently performing the
Citywide clean up. Storm chasers currently contracted through WM per
the letter agreement and the point-to-point vehicles shall work together to
pick up every brush and bulky pile.
VII. Transition Period.
The phase-in of the enhanced weekly Yard Waste collection and the
monthly bulky waste collection system shall commence immediately !upon
the mutual agreement of the parties made in goad'Taittl-thdesired
clean-up has been substantially completed and the City's 't�r<rhinatioh of
the storm chasers pursuant to the letter agreement, and will continue for a
Voted on Term Sheet for MOU �' ✓:•u�t f 1�G1,
Amendment to Brush and Bulky Waste
CRP 06.30.04v7Weekly
period of 90 days (the "Transition Period"). During the Transition Period,
WM shall continue to add vehicles to supplement WM's existing fleet
necessary to service the new collection systems.
The City shall use its best efforts to begin its new education and
enforcement process, and to advise the residents that the point-to-point
system is no longer in effect as applicable.
Vlll. Vacant Lots, Vacant Homes.
WM shall collect uncontaminated Large Bulky Waste piles and Yard
Waste piles of up to 10 cubic yards each, located at the curb of vacant lots
and/or vacant houses during WM's regular collection route, at no
additional cost to the City. Yard Waste and bulky waste piles in excess of
10 cubic yards, up to 30 cubic yards, will be collected pursuant to Section
II and III above. A Non Compliant Pile located at a vacant lot or a vacant
house shall not be collected by WM.
IX. Additional Matters to be Discussed with WM.
• In addition to the regular Cart service, WM shall pick up waste
which is bagged and boxed and placed outside the Cart during
the service week following Thanksgiving Day, Christmas Day
and New Year's Day at no additional charge to the City. The
amount of material must be limited to one half cubic yard.
During a holiday week, the service days shall slide to the next
weekday after the holiday, and the Friday collection shall be
collected on that immediately following Saturday.
• The City shall pay WM $2.56 for each additional garbage cart at
each Service Unit per month for which the City has authorized
such additional cart.
• WM shall pick up only those plastic bags as designated by the
City through its bag-tag program placed outside the Cart at the
Service Unit and shall charge the City $1.25 for each
designated bag.
Voted on Term Sheet for MOU
Amendment to Brush and Bulky Waste
CRP 06.30.04v7Weekly
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 6/29/2004
DATE: Tuesday, June 29, 2004
LOG NAME: 12MEMORANDUM REFERENCE NO.: G-14404
SUBJECT:
Authorize Execution of a Memorandum of Understanding for an Amendment to the "Contract for
Collection of Residential Garbage, Refuse and Small Bulky Waste, Recyclables, Certain
Commercial Solid Waste, Yard Waste, C&D, and Large Brush and Large Bulky Waste" By and
Between the City of Fort Worth, Texas, and Waste Management of Texas, Inc.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Memorandum of
Understanding (MOU) setting forth the basic terms and conditions of an amendment to the "Contract for
collection of residential garbage, refuse and small bulky waste, recyclables, certain commercial solid waste,
yard waste, C&D, and large brush and large bulky waste" by and between the City of Fort Worth, Texas
("City") and Waste Management of Texas, Inc. ("WM").
DISCUSSION:
The City and representatives of WM have discussed methods to improve the present collection of Solid
Waste and propose entering into an amendment to the "Contract". (City Secretary Contract No. 28358).
Representatives of WM and the City staff have negotiated Memorandum of Understanding (MOU). The
MOU is non-binding and provides that the City and WM will formally negotiate an amendment to the
"Contract".
The MOU outlines the basic terms of the proposed amendment that will ultimately be negotiated between
the City and WM. The amendment will change the Large Brush and Bulky point-to-point on demand system
of collection of Large Bulky Waste and brush pick-up. Concurrently, the City shall agree to a procedure to
deal with Non-Compliant Piles. Other contractural matters affecting the improvement of Solid Waste
Collection in the City will be addressed.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action of authorizing an MOU will require no direct expenditure from
currently held City funds, however, when an amendment is negotiated, it will effect current City funds, and
increase the monthly sanitation charge on each service unit.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Charles Boswell (6183)
Originating Department Head: David Yett (7623)
Additional Information Contact: Marcia E. Wise (7607)
Logname: 12MEMORANDUM Page 1 of 1