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HomeMy WebLinkAboutContract 50787-A1 L CITY SECRETARY CONTRACT No. 50- 91-A l AMENDMENT TO CITY SECRETARY CONTRACT NO. 50787 AGREEMENT TO SELL, DELIVER AND MAINTAIN RECYCLING AND GARBAGE CARTS This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipal corporation situated in portions of Tarrant, Denton, Parker and Wise counties, Texas, and Toter, LLC, (hereafter "Toter"), a North Carolina Limited Liability Company, acting by and through Laura P. Hubbard it duly authorized Director of Municipal Sales each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, City and Toter entered into an Agreement identified as Fort Worth City Secretary Contract No. 50787 on or about May 24,2018; and WHEREAS,the purpose of the Agreement is for the sale, deliver and maintenance of recycling and garbage carts to the City; and WHEREAS,the term of the Agreement is for one (1)year beginning May 1, 2018 with four(4) one-year renewal options; and WHEREAS,the original Agreement was authorized by Mayor and Council Communication (M&C)P-12191which approved a not to exceed amount of$1,444,444.19 for the first year, $1,506,463.35 for the second year, $1,556,100.85 for the third year, $1,610,702.10 for the fourth year and $1,670,763.48 for the fifth year; and WHEREAS,the not to exceed amounts for each contract term was based on a cost projection for the necessary maintenance and replacement of carts, as well as the City's growth; and WHEREAS, on May 7, 2019,the City Council by M&C C-29118, approved the elimination of the not to exceed amount for each individual year and authorized this amendment of the Agreement to provide for a combined total not to exceed amount for the remainder of the Agreements term(s)to be $14,987,455.00. 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: Amendment to Fort Worth City Secretary Contract No.50787 o��ICla� REcoR 3 CITY SECRETARY I+T. WORTH, TX I. Section 6.Price and Price Adjustment. Section 6,Price and Price Adjustment, shall be amended to include subsection "6.3 Not to Exceed Amount'as follows: 6.3 From the date of execution of this Amendment, the combined and total not to exceed amount for this term and any and all other renewal options which are exercised shall be $14,987,455.00. If during any Agreement term the total and combined cost for the sale, delivery and maintenance of recycling and garbage carts to the City exceeds $14,987,455.00, the parties shall either enter into an amendment to increase the not to exceed amount or terminate the Agreement in accordance with its terms and conditions. II. Other Terms and Conditions. All other terms and conditions of the Agreement shall remain the same. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this _1� _day of M 2019. CITY OF FORT WORTH TOTER,LLC Valerie Washington Laura P.Hubbard Assistant City Manager Title: Director of Municipal sales PRO RE OMMENDED: Robert S ouse Assistant ode Compliance Department APPROVED AS TO FORM AND LEGALITY: (1�By: __ Christa Lopez- ld Senior Assistan ' A orney Amendment to Fort Worth City Secretary Contract No.50787 OFFICIAL RECORD CITY SECRTARY FT. WORTHp TX FORT.` ATTEST ;��� ,..... • O B `Ytc��- U• � y: * ' Ma J. ayser Ci Secretary jXAs Contract Authorization: M&C: -2R 118 Date Approved: —qT111 HR 1295:c�OKI L4 Q 95 DATE: CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ristian Harper Contract Services Administrator EFTWORTH, RECORD Amendment to Fort Worth City Secretary Contract No.50787 ETjWY� TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVoRm— REFERENCE 23AMENDMENT TO CITY DATE: 5/7/2019 NO.: C-29118 LOG NAME: CONTRACT NUMBER 50787 WITH TOTER, LLC CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the Execution of Amendment to City Secretary Contract No. 50787 with Toter, LLC, to Increase Funding for the Ongoing Purchase, Delivery and Maintenance of Garbage, Recycling and Yard Carts (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment of City Secretary Contract Number 50787 with Toter, LLC, for the ongoing purchase, delivery and maintenance of garbage, recycling and yard carts; and amend the annual contract amount for Fiscal Year 2019 and all four optional one-year renewals for a total contract amount not to exceed $14,987,455.00. DISCUSSION: The current contract, City Secretary Contract No. 50787, using National Intergovernmental Purchasing Alliance Cooperative Purchasing Agreement No. 171717-01, began on May 1, 2018. The Agreement was for one-year with four optional one-year renewal terms. Built into the existing contract is an annual cost adjustment increase for: • Repair and maintenance costs, • The purchase of new carts for future residential growth, • Inflation which is based on the commodity cost of virgin plastic resin prices The reason for the increased annual agreement is to cover the recent increase in the replacement of historically older carts (purchased between 2003 to 2005 that are outside of the maintenance and repair agreement) due to residential damage, abuse or neglect and operator errors. These carts have far exceeded their shelf life and Solid Waste staff knew that eventually these issues would creep up. Original Estimated Amended Total Contract Year Contract Annual mount Increase Contract Cost Cost Current $1,444,444.00 $1,067,721.00 $2,512,165.00 �2 $1,506,463.00 $1,227,879.00 $2,734,342.00 $1,556,100.00 $1,412,062.00 $2,968,162.00 �4 $1,610,702.00 $1 623,870.00 $3,234,572.00 �5 $1,670,763.00 $1,867,451.00 $3,538,214.00 $14,987,455.00 Solid Waste staff identified a lack of residents reporting cart repairs, so a proactive reporting process was implemented to identify damaged carts through the Blue Crew audit process, Code Officers, and contracted services vendors to get these damaged carts taken out of service and replaced with a used or new cart(reducing spillage/litter from broken carts). In addition, over the past three (3) years the number of carts taken out of service that need to be replaced has increased by 48.3%. http://apps.fortworthtexas.gov/council_packet/mc_review.asp?ID=2693 7&councildate=5/7/... 5/7/2019 M&C Review Page 2 of 2 ADMINISTRATIVE CHANGE ORDER- An administrative change order or increase may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE-A waiver of the goal for MBE/SBE subcontracting is not required related to cooperative purchases. Upon City Council approval, this Amendment shall begin on April 19, 2019. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Fiscal Year 2019 Solid Waste operating budget, as appropriated and that prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year (Chartfield 2) Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Robert Smouse (5153) ATTACHMENTS Toter-Form 1295 Certificate 100483889 (3-26-2019).Pdf http://apps.fortworthtexas.gov/council_packet/mc review.asp?ID=26937&councildate=5/7/... 5/7/2019