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HomeMy WebLinkAboutContract 44362-A1 CITY SECRETAR!4s 6 - 1 CONTRACT NO. STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § AMENDMENT 1 TO CONTRACT NO. 44362 GOODWILL INDUSTRIES OF FORT WORTH This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipal corporation organized under the laws of the State of Texas and Goodwill Industries of Fort Worth, Inc. (hereafter "Contractor"). WHEREAS, the parties have previously entered into City of Fort Worth City Secretary Contract No. 44362 (the "Contract"), which was executed on April 10, 2013 for a term of three years with options to renew for two additional terms of one year each-, and WHEREAS, the parties wish to renew the Contract for an additional annual term and to amend the scope of services to allow for incorporation of an Attended Donation Center (ADC) at each of the City's Drop Off Stations (DOS); NOW, THEREFORE, City and Consultant, acting herein by the through their duly authorized representatives, agree to amend to Contract No. 44362 as follows: 1. The term of Contract No. 44362, is hereby amended to renew the contract term for the period from April 10, 2016 to April 9, 2017. 2. Effective immediately upon execution of this Amendment, Attachments A and B of the original contract are deleted in their entirety and replaced by the new Scope of Services and new Fee Schedule attached hereto as Attachments A and B. The not-to- exceed amount of the contract is $49,500 for the contract term, subject to appropriation of funds by the City Council. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SO2'! woR�t1 Amendment 1 to Contract No.44362, Goodwill Industries of Fort Worth Page 1 of 2 G�� 3. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. 4. The individual signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. The remainder of this page is left intentionally blank Amendment 1 to Contract No.44362, Goodwill Industries of Fort Worth Page 2 of 2 ATTACHMENT A SCOPE OF SERVICES SCOPE OF CONTRACTOR'S SERVICES: Contractor shall furnish all labor, materials, and equipment necessary to operate an Attended Donation Center (ADC) at each of the City's Drop Off Stations (DOS). There are currently three Drop Off Stations and a fourth which projected to open late 2016, all four are within the scope of work for this contract. Contractor will perform the following: A. Accept, prepare, collect and recycle or resell all items in Section P, below. Contractor will conduct work using environmentally sound practices in accordance with all applicable local, state and federal laws, regulations or requirements of any kind relating to the recycling, reuse and disposal of the items Contractor collects. B. Provide the City with Contractor's recycling/environmental guidelines and terms and conditions used with its recyclers and/or resale vendors. Contractor shall ensure that its operations comply with the provided guidelines. C. Provide personnel to operate the ADC at each of the drop off station sites for residents to drop off Section P items, during the City's DOS operating hours (Monday through Friday 8 am to 6 pm, and Saturday 8 am to 5 pm). The Contractor's ADC staff will be responsible for receiving and tagging electronics at the DOS. The ADC staff will determine whether the electronic donations will be resold, recycled or disposed. The ADC staff shall track the number of items and provide a ticket indicating whether the items will be used for resale, recycle and disposal and provide a copy of each ticket to the DOS staff at the end of each day. D. Contractor's ADC staff shall assist the City's staff with other drop off station duties and tasks, as time permits, when not assisting residents with donations of E-waste. The Contractor's ADC staff shall assist DOS staff with directing residents to the proper DOS drop off locations for disposing of items. E. Contractor shall offer and/or provide a tax receipt for all donated materials in accordance with Internal Revenue Services stated guidelines, rules and regulations. The ADC staff shall track the number of items donated and provide a count of donated items to the DOS staff at the end of each day. F. Provide enclosed 28 foot tractor trailer containers for use at a City-designated collection point within each drop off station site to stage and contain all collected acceptable items until such items are removed from the site. Amendment 1 to Contract No.44362, Goodwill Industries of Fort Worth Page 3 of 3 G. Contractor's ADC staff shall monitor containers and inform Contractor when trailer containers need to be removed and replaced (swapped out) from drop off station sites as necessary for operations. Containers shall be removed or replaced prior to becoming full and requiring staging of collected items outside of the container at the end the operating day. H. Contractor shall transport all accepted donated items to Contractor site for secondary evaluation and determination of: (1) resale, (2) reuse, (3) recycling, (4) secondary processing and/or (5) final disposal. I. Contractor shall document any accidents, injuries, and other unanticipated incidents or circumstances and report to the City in writing, and to the Contractor's insurer, within 24 hours of each incident. J. At the Contractor's site, all collected items shall be evaluated to determine the appropriate best use of: (1) resale, (2) reuse, (3) recycling, (4) secondary processing and/or (5) final disposal. K. Ensure Contractors' operations comply with its collection, environmental and recycling guidelines: meet all applicable local, state and federal laws, regulations or requirements of any kind relating to the recycling and disposal of E-Waste it collects. This includes ensuring that all E-Waste that is not recovered, refurbished, repaired or recycled will be disposed of properly. Such disposal will, at a minimum, be in compliance with all applicable law. Contractor shall be responsible for identification, removal, disposal and reporting of any and all resulting hazardous material or condition, including but not limited to Cathode Ray Tubes containing embedded Lead, and any other hazardous ingredients described in the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. §6901 et seq. (1976) and amendments and all implementing regulations as described in the Code of Federal Regulations, Part 40, and all other applicable federal, state, and local regulations. L. Provide for reasonable security for all E-Waste that contains data, and conduct (or provide for) data destruction on all E-Waste at appropriate stages. All data on collected E-Waste shall be erased by (1) Data destruction using appropriate and effective methods, i.e., disc wiping, f-disk, and reformatting for retained or refurbished systems or; (2) Data erasing via degaussing (passing it through a strong magnetic field) or; (3) any other equivalent process mutually agreed to in writing by Contractor and the City. For E-Waste not retained, Contractor shall assure that the media containing data will be destroyed, or otherwise rendered inoperable, by Contractor or the subcontractor handling this product. Contractor shall retain records of data destruction reflecting Contractor's compliance with this section. M. Contractor shall collaborate and participate with the City in promoting the E- Waste ADCs at the City's drop off stations. Contractor shall also take Amendment 1 to Contract No.44362, Goodwill Industries of Fort Worth Page 4 of 4 reasonable measures to educate customers regarding appropriate data destruction methods, tools, and software that they could use to assure more complete destruction of personal or sensitive data. N. Maintain and provide the following records and documentation on a monthly basis and no later than fifteen (15) days following the end of the prior month: • Monthly report of the accumulated collected tons from each ADC site, allocated by percentage, of E-waste to other donated materials. • Monthly item count report (no unique identifying identification number required at this time) of TVs and monitors collected O. Contractor hereby grants the City for the term of this Agreement the non- exclusive, non-transferable right and license to use and publish the Contractor's trademark in conjunction with marketing the E-Waste ADC Program. The City may only use the Contractor's trademark in the form, formats and manner approved in writing by Contractor. The City shall provide Contractor, for its prior written approval, copies of all advertising and marketing materials, as well as all press releases, regarding the program that include the Contractor's trademark or otherwise reference the Contractor. The City may not use advertising or marketing materials or issue press releases that include the Contractor's trademark or otherwise reference Contractor, or append any trade name or logo, without the prior written approval of Contractor, which may be withheld at the Contractor's sole discretion. P. Materials that will be promoted for resale and considered donations (including, but not limited to) will be: all clothes/textiles and accessories (i.e. belts, purses, or ties), paired shoes, working large appliances (i.e. washer washers, dryers, refrigerators), small appliances (i.e. toasters, blenders, electric skillets and other small electrical household items), furniture (i.e. tables, chairs, lamps, beds - excluding any/all mattresses), and miscellaneous household items (i.e. toys and board games, plates, glasses, mugs, and flatware), as well as the following acceptable electronic/E-Waste items: • Cables/Cords • Copiers • Cameras • CPU's (central (digital, 35mm, processing 110, etc.) units) • Cassette tape • Disks (floppy, players 3.5 and CD) • CD burners • DVD players • CD players • Electronic toys • Cell phones • Fax machines • Clock radios • Hard drives Amendment 1 to Contract No.44362, Goodwill Industries of Fort Worth Page 5 of 5 1 pads • Keyboards • Laptops • Microwaves • Television Monitors • Mouse • Network hubs P DA's • Printers Record players • Routers • Scanners • Software • Stereos • UPS uninterrupted power supplies) • VCR's • Video games/consoles • Personal audio devices/lpods • Zip drives Amendment 1 to Contract No.44362, Goodwill Industries of Fort Worth Page 6 of 6 There is no minimum amount of product guaranteed to be provided by the City under this contract. SCOPE OF CITY'S SERVICES: The CITY shall perform the following services in facilitation of this contract.- A. ontract:A. The City shall take customer calls regarding the ADC partnership at the drop off stations through the City's customer service call center. When appropriate the City will refer the calls to the designated Contractor representative or office. B. The City shall utilize its operational drop off stations as residential-based donation collection points for the Contractor. C. The City shall promote the ADC partnership and the identified Contractor through its public education process using multiple channels and shall consider wrapping the Contractor's tractor trailer containers (at City's cost) to include identifying both the City's and Contractor's involvement. The City agrees that the Contractor and/or its recycling partner may list the ADC-DOS locations in marketing materials and on their respective websites/online media. D. The City shall refer citizens to the ADC-DOS website within the City's Solid Waste website area for drop off and donation guidelines, designated drop off locations, operational hours and other information about the ADC program. The City will also inform citizens about their obligation to deliver only re- useable/re-saleable item, and to proactively remove data from hard drives or other storage media before items are taken to the drop off station sites. E. The City shall identify related customer service requirements for Fort Worth residents/customers. F. The City's drop off station staff will be able to assist the Contractor's staff with other ADC duties and tasks, as time permits, when there are no general drop off activities. G. The City agrees to pay Contractor a monthly processing fee for implementing the ADC at each of the City's drop off station sites. H. The City agrees that all donated material is the property of Contractor. Contractor's standard Loss Prevention/Security measures will be maintained at the ADC. Amendment 1, Contract No. 44362 - Goodwill Industries of Fort Worth Page 7 of 7 I. The City will track the number of televisions and monitors residents deliver to the ADC area through the drop off station check-in software program, which will assist with verifying the monthly ADC Processing fee. Amendment 1, Contract No. 44362 - Goodwill Industries of Fort Worth Page 8 of 8 ATTACHMENT B FEE SCHEDULE Compensation to be paid shall be in accordance with unit prices in the table below. The total fee paid by the City shall not exceed a total of forty nine thousand, five hundred dollars ($49,500) per contract year. There is no guarantee of any minimum amount of work or compensation under this contract. Service Description Per Line Item Processing fee for ADC Processing fee for $13.25 per television and implementing ADC at monitor accepted by each City Drop Off Contractor per drop off Station Site station site, which is not reused, resold or recycled Not to Exceed Amount $49,500.00 The remainder of this page is left intentionally blank Amendment 1, Contract No. 44362 - Goodwill Industries of Fort Worth Page 9 of 9 SIGNATURE PAGE AMENDMENT 1 TO CONTRACT NO. 44362 GOODWILL INDUSTRIES OF FORT WORTH IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH GOODWILL INDUSTRIES OF FORT WORTH BY: BY' Fernando Costa David Cox Assistant CityManager President and CEO Dated: 44 1 Aat RECOMME ED: Br don Be 'neft Witn rss Director Code Compliance Department APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney a 0D0�0�00no-0aA ATTEST: p�10°°°° o°®�01 M ry J. K s o�°°000 qa OFFICIAL RECORD City SecreaA n����4 CITY SECRETARY WORTH, TX FT. NO M&C REQUIRED Amendment 1, Contract No. 44362 - Goodwill Industries of Fort Worth Page 10 of 10