HomeMy WebLinkAboutContract 28358-A3 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTIES OF TARRANT,DENTON §
PARKER AND WISE §
THIRD 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
This "THIRD 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" (this "Amendment") is entered into as of the Lu �
day of VVV,<-L-V\ , 2012, by and between THE CITY OF FORT WORTH, TEXAS, a home
rule municipal corporation in Tarrant, Denton, Parker and Wise Counties, Texas, acting herein
by and through its Assistant City Manager, Charles Daniels ("City") and WASTE
MANAGEMENT OF TEXAS, INC., a Texas corporation, acting by and through its duly
authorized representative ("Contractor").
WITNESSETH:
WHEREAS, the City and Contractor have heretofore entered into a certain
"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" (the "Contract"), dated
January 8, 2003, for Contractor's exclusive collection of residential Garbage, Refuse and Small
Bulky Waste, Recyclables, and certain Commercial Solid Waste, Yard Waste, C&D and Large
Brush and Large Bulky Waste within the City, pursuant to the terms of that certain RFP 02-0087,
issued by the City (the "RFP"); and
WHEREAS, the City and Contractor agreed to and executed the "FIRST
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" (the "First Amendment"), dated August 30, 2004, to amend the Contract to (i) revise
the procedures for Contractor's collection of Yard Waste, Brush and Bulky Items, and (ii)
otherwise amend the Contract, as more particularly set forth in the First Amendment; and
WHEREAS, the City and Contractor agreed to and executed the "SECOND
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" (the "First Amendment"), dated September 12, 2005, to amend the Contract to (i)
reduce the number of Pay Piles as described in the First Amendtffent-aPAI-Li0 amend the standard
operating procedures; and OFFICI
CITY SEC RECORD
RETARY
Fr WORTH, TX
WHEREAS, Contractor and its affiliates in alliance with RecycleRewards, Inc. has
offered to provide the City a recycling based incentive rewards program ("Program") in addition
to the Collection Services provided for in the Contract; and
WHEREAS, the City wishes to offer its citizens an incentive to recycle and provide
citizens rewards for recycling.
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and confessed, the parties hereto agree as follows:
1. Definition of Director.
The definition of Director shall be amended to be:
Director shall mean that person whom the City has designated to be responsible
for administrating the City's Solid Waste services.
2. Rewards Program.
Contractor shall provide a recycling rewards program to those residential Service
Units who agree to participate through one of the Program's available sign-up options.
Participating Service Units will earn points based on the recycling of the designated recycle
collection routes as designated by the terms of the Contract. Participants will be able to redeem
points for discounts and/or other incentives with national and local merchants that are provided
under the Program.
a. Operational
i) A community weight based model will be used for the calculation and
distribution of reward points to the participating residential Service Unit.
ii) For purposes of the Program, a community will be considered an
aggregate of all routes identified pursuant to the terms of the Contract.
iii) Contractor shall provide the City with the following monthly reports: (1)
activation and participation data in the Program; and (2) points earned and
points spent by the City's Program participants.
b. Point Allocation. Based on the amount of material collected within each
recycle collection route, the Contractor, through its Program System, will
determine a "per household" calculation of reward points based on the
formula of 2.5 points for every one (1) pound of recyclable materials.
c. Contractor may provide additional opportunities for each participating
Service Unit to earn points for reporting their set-out activity and taking other
environmental or sustainability actions upon prior written notice to the City.
THIRD AMENDMENT TO CONTRACT
CRR 02.28.120 Page 2
3. Marketing and Communication.
a. Contractor will work with the City to publicize the Program to its Service
Units and shall pay for the costs to send a letter from the City to all Service
Units introducing the Program and all costs to send a registration mailer to all
Service Units describing the registration process and program benefits. The
content of such communication must be mutually agreed upon by the parties.
b. Contractor shall provide access to a website supporting the Program for
residents to access and view their Program points.
c. Contractor may, in its sole discretion, choose to enhance the Program by
adding other marketing resources such as outdoor advertising, radio ads, local
television ads, print ads, social media postings, and/or print media, provided
advance written notice is provided to the City. The City logo may not be used
in such marketing resources without the express written consent of the City.
The City may contribute funds in support of any of these enhancement
activities, provided such agreement is made in writing and in compliance
with City policy and administrative regulations.
4. Customer Service.
a. Customer Service will be provided to participants through the Program
website, the Contractor's Program call center, the City's call center, or in
writing.
b. Contractor shall provide initial training to the City's call center staff
regarding the Program. The City shall designate an employee as a lead
trainer, and the City will be responsible for ensuring that their lead trainer
continues to provide training to new City staff members on an ongoing basis.
5. Cost and Term of the Program
a. The cost of the Program is sixty six cents ($0.66) per Service Unit (regardless
if the Service Unit is participating in the Program) per month. However,
Contractor agrees that for the first six (6) months of the Program beginning
from the effective date of this Amendment, Contractor shall not charge the
City for providing the Program. After the end of this initial six (6) month
period, Contractor agrees to charge the City a discounted rate of ($0.33) per
Service Unit (regardless if the Service Unit is participating) per month
through March 31, 2013, and Contractor shall assume responsibility for the
remaining Program costs.
THIRD AMENDMENT TO CONTRACT
CRR 02.28.120 Page 3
b. If the City decides to renew the term of the Contract by at least ten (10) years
to include an extension of the Program, then the rate charged by Contractor
for the Program shall be negotiated and be mutually acceptable by the City
and the Contractor.
c. Contractor shall endeavor to begin the Program on April 9, 2012, but in no
event later than forty-five (45 days) from the effective date of this Third
Amendment. Contractor shall issue a written notice to the City of its exact
start date for the Program within five (5) days of the date that City Council
has approved this Third Amendment.
d. The term of this Amendment shall expire on the same date as the term of the
Contract, and Contractor has no further obligation to provide the Program if
the Contract expires and no renewal is executed.
6. Effective Date.
This Third Amendment shall become effective upon full and complete signature
by both parties.
7. Miscellaneous.
Nothing contained herein shall be deemed to amend or modify the Contract,
except as expressly set forth herein. Any capitalized term used herein, but not defined herein,
shall have that meaning set forth in the Contract.
IN WITNESS WHEREOF, this Third Amendment has been executed on
2012.
CONTRACTOR:
WASTE 1AGEM+NT F T XAS,INC.
By:
Its:
CITY:
CITY OF FORT WORTH, TEXAS
Charles Daniels
Assistant City Manager
Date Signed: z OFFICIAL RECORD
ATTEST: CITY SECRETARY
FT. yyORTH, Tx i
THIRD AMENDMENT TO CONTRACT
CRR 02.28.120 Page 4
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[OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
THIRD AMENDMENT TO CONTRACT
CRR 02.28.120 Page 5
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRroRril
COUNCIL ACTION: Approved on 3/6/2012
DATE: 3/6/2012 REFERENCE G-17538 LOG NAME: 23WM RECYCLEBANK
NO.. —
CODE: G TYPE: CONSENT HEARING:
NO
SUBJECT: Authorize Execution of the Third Amendment to the Contract for Collection of Residential
Garbage, Refuse and Small Bulky Waste, Recyclables, Certain Commercial Solid Waste,
Yard Waste, Construction and Demolition Debris, Large Brush and Large Bulky Waste with
Waste Management, Inc., to Provide an Incentive Program for Recycling in the Amount of
$400,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of the third amendment to the contract for
collection of residential garbage, refuse and small bulky waste, recyclables, certain commercial solid waste,
yard waste, construction and demolition debris, large brush and large bulky waste with Waste Management,
Inc., (City Secretary Contract No. 28358) to provide an incentive program for recycling in the amount of
$400,000.00 from the Solid Waste Fund.
DISCUSSION:
The Code Compliance Department believes it is crucial to encourage City residents to participate in the
City's curbside recycling program and is recommending entering into this third amendment to join in Waste
Management's Recyclebank, recycling rewards program. More than 31 states and several cities in the
United Kingdom also participate in Recyclebank. The objective of this rewards program is to provide the
City an opportunity to promote recycling and to:
Increase recycling participation and increase the volume of materials recycled through our curbside blue
cart program;
Provide residents with tangible rewards for recycling; and
Enhance the City's public education outreach and engagement activities.
Incentive programs have proven to be an effective tool to increase recycling in many cities throughout the
country. The Department will enhance this effort by integrating this program into its education/outreach
campaign to increase awareness about the City's residential recycling program. The incentive program will
be a pilot program for one year to validate the cost benefit of the concept in Fort Worth. If successful, the
recycling rewards program may be integrated into the residential curbside collections contract in 2013.
This is a fixed-rate amendment based upon a charged rate of$0.66 per household per month. However, for
the first six months of the program and thereafter, Waste Management shall discount the rate of the
program to the City by $0.33 per household. Although the program will be voluntary for each residential
service unit, the City shall pay Waste Management monthly an amount equal $0.33 times the number of
total households in the City that Waste Management collects from in that month. Waste Management will
begin charging the City $0.33 per residential service unit on October 1, 2012.
Essentially, Waste Management will provide rewards based on a point system to the City's residents who
choose to participate in the program. These points may be redeemed for merchandise or services from
national and local providers. Waste Management will help market the program and will be responsible for
the cost of an introductory and registration letter and/or material, as well as a website for participants to
use. Waste Management shall also provide training to the City to help administer the program. The program
http://apps.cfwnet.org/councilpacket/mc review.asp?ID=16540&councildate=3/6/2012 3/15/2012
M&C Review Page 2 of 2
shall begin April 9, 2012 or within 45 days from the date of full execution of the amendment, whichever is
latest.
Funding for the project will come from the ongoing public education payments made by Waste Management
to the City for solid waste education and promotion efforts.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds during the current fiscal year.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Kim Mote (5153)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16540&councildate=3/6/2012 3/15/2012