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HomeMy WebLinkAboutContract 58382-A2CSC No. 58382-A2 SECOND AMENDMENT TO VENDOR SERVICES AGREEMENT FORT WORTH CITY SECRETARY CONTRACT NO. 58382 This Second Amendment to the CONTRACTOR SERVICES AGREEMENT ("Amendment"), Fort Worth City Secretary Contract No. 58382, between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. ("Contractor"), a Texas nonprofit corporation, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS City, through its Code Compliance Department, and Contractor entered into an agreement for litter abatement, said agreement being identified as Fort Worth City Secretary Contract No. 58382 and having an effective date of November 3, 2022 (the "Agreement"); and WHEREAS, City and Contractor amended the Agreement on December 9, 2022 to clarify the Agreement's Payment Schedule; and WHEREAS, City and Contractor now wish to amend the Agreement for a second time to include services and fees for cleaning and litter clean-up for certain state highways or highway segments in accordance with that certain Municipal Maintenance Agreement ("MMA") dated December 14, 2007 (City Secretary Contract No. 36331) between the City and the Texas Department of Transportation "(TxDOT)", as amended. NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, agree to the following terms: 1. Amendment of Price Schedule. The Agreement's Exhibit A — Scope of Services and Exhibit B — Payment Schedule are amended to include the services and fees described in Exhibit A attached to this Amendment. 2. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. Total payment made under the Agreement shall not exceed One Million Nine -Hundred Fourteen Thousand Five -Hundred Twenty Dollars and No Cents ($1,914,520.00). [signature page follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Amendment to Fort Worth City Secretary Contract No. 58382 Page 1 of 4 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Valerie Washington (Nov 9, 2023 14:49 CST) Name: Valerie Washington Title: Assistant City Manager Date: November 9, 2023 APPROVAL RECOMMENDED: By: Leticia Cordero (Nov 9, 2023 11:01 CST) Name: Leticia Cordero Title: Interim Superintendent, Environmental Services Department ATTEST: 4p9UU�n p7 °,° FORt ' . o�1d Ov8 00000=d ppp*o° oo °o*�a y nEXA-$4" By: a Name: Jannette S. Goodall Title: City Secretary CONTRACTOR: 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. Laura McClean By: Laura McClean (Nov 8, 202313:44 CST) Name: Laura McClean Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: %� By: Name: Matthew A. Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0855 (October 25, 2022) Form 1295: 2022-933674 The Presbyterian Night Shelter of Tarrant County, Inc. By: Name: Kirsten Ham Title: VP of Workforce and Career Development Date: Nov 8 .2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Amendment to Fort Worth City Secretary Contract No. 58382 Page 2 of 4 EXHIBIT A — HIGHWAY CREWS Scope of Services for Highwav Crews: a. The Contractor shall provide supplemental collection and removal of trash, litter, and debris from approved state highway and highway segments within the city limits of Fort Worth. b. Areas/Locations will include: i. State highways or highway segments as directed by the City and approved by TxDOT c. The Contractor shall furnish all necessary equipment for the satisfactory performance of the work. d. All loose trash, litter, and debris shall be bagged and removed from the designated site (unless otherwise agreed upon by both parties) and delivered to the City's Southeast Landfill for disposal. e. The Contractor shall supply the Contract Administrator the weekly (Monday through Sunday) total trash, litter and, debris volume collected upon request by the close of business each Monday following the preceding week, by one of the following standards to be selected by Contractor: i. number of 55-gallon trash bags or similar; ii. number of 96-gallon carts; iii. number of 1.5 cubic yard gondolas; or iv. number of cubic yards. In addition, the Contractor will provide a listing of all individual sites completed and cleaned along with a before and after digital date -stamped photograph, visually confirming date completed. £ The Contractor shall provide services and workmanship required to furnish a complete and functional job for the City, whether shown, included or implied in the specifications to meet the conditions of the Agreement. g. The Contractor shall furnish able-bodied personnel, who shall be appropriately dressed for the assignment, and be no less than 18 years of age and possess a valid government identification. h. No overtime will be paid by the City. Second Amendment to Fort Worth City Secretary Contract No. 58382 Page 3 of 4 i. The Contractor shall prepare payroll checks, make all necessary deductions and pay all taxes and insurance required by Federal, State, and Local laws. The Contractor accepts full responsibility for the payment of wages, compensation and benefits to personnel. The Contractor accepts responsibility for payment of all taxes, assessments, fees, and fines that may be due and owing to any Local, State or Federal government agencies. j. The Contractor shall, to the extent permissible by the law, conduct a background check on all temporary workers sent to the City and provide copies of such background checks to the City upon request. k. The Contractor shall ensure that no temporary worker shall arrive on City or TxDOT property with any type of firearm, weapon, drugs, or alcohol. 1. The Contractor shall provide workers who possess the necessary skills, knowledge, and ability to perform the jobs into which they are to be placed. Assigned workers must possess the ability to deal effectively and courteously with the public, and the ability to verbally communicate effectively with others. m. The Contractor shall be responsible and liable for the safety, injury and health of its working personnel while assigned personnel is performing their duties on City or TxDOT property. Contractor shall provide highway crew workers with proper Personal Protective Equipment, including: hardhats, reflective high visibility safety clothing, safety glasses, and steel -toed boots. Contractor shall adhere all applicable safety standard sheets or directives issued by TxDOT. n. The Contractor shall perform all work in accordance with the terms of the MMA, as amended, and shall provide additional data to the City if required by the MMA. 2. ACCEPTANCE OF WORK - The Contractor shall submit a monthly invoice that reports the number of bags of litter collected and miles of rights -of -way cleaned during the month. Fee Schedule for Hiehwav Crews: Description Estimated Unit of Unit Price Ouantitv Measurement Highway Litter Crew Billing Rate 2080 Hours $126.08 (5-person crew) Highway Litter Crew Billing Rate 2080 Hours $109.83 (4-person crew) Total compensation under this Agreement will not exceed One Million Nine -Hundred Fourteen Thousand Five -Hundred Twenty Dollars and No Cents ($1,914,520.00) Second Amendment to Fort Worth City Secretary Contract No. 58382 Page 4 of 4 M&C Review Page 1 of 2 ACITY COUNCIL AGEND Create New From This M&C DATE: 10/25/2022 REFERENCE **M&C 22- NO.: 0855 Official site of the City of Fort Worth, Texas Fo H LOG NAME: 23CONTRACTED CITYWIDE LITTER ABATEMENT CREWS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with The Presbyterian Night Shelter of Tarrant County, Inc. for City -Wide Litter Abatement for a Total Annual Amount of Up to $1,914,520.00 and Authorize Four One -Year Renewal Options for the Same Annual Amount V_*9161�,I►yi121►I117A191►P It is recommended that the City Council authorize the execution of an agreement with The Presbyterian Night Shelter of Tarrant County, Inc. for City-wide litter abatement for a total annual amount of up to $1,914,520.00 and authorize four one-year renewal options for the same annual amount. DISCUSSION: A primary goal of Fiscal Year (FY) 2023 is to promote a clean and safe City. The Code Compliance Department is seeking to help address litter in the community by increasing litter abatement services. Expanding from three contracted litter abatement crews to ten contracted litter abatement crews has been identified as one of several measures to assist the community in achieving this goal. City-wide litter abatement crew services are necessary to protect the public health and safety of the City's residents and are exempt from statutory bidding requirements. However, the Code Compliance Department issued a Request for Proposals (RFP) to formalize an agreement for contracted, City-wide litter abatement crew services. Under the proposed agreement, the vendor will provide labor, materials and equipment for the collection of trash and litter removal from areas across the City of Fort Worth. The RFP consisted of detailed specifications describing the vendor's responsibilities and requirements to provide these services. The RFP was advertised in the Fort Worth Star -Telegram and the City received one bid. Staff recommends awarding the contract to The Presbyterian Night Shelter of Tarrant County, Inc. with four, one-year options to renew. The Code Compliance Department reviewed the pricing and found pricing to be fair and reasonable. No guarantee was made that a specific amount of services would be purchased. Ten litter abatement crews are planned during FY 2023 and, under this agreement, up to fourteen litter abatement crews may be made available. This agreement supersedes and will replace the existing agreement for three City-wide litter abatement crews. Funding is provided through the Environmental Protection Fund. AGREEMENT AND RENEWAL TERMS: Upon City Council's approval, this agreement shall begin upon execution and will include four, one-year options to renew. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. DVIN BE: A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30408&councildate=10/25/2022 11/8/2023 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Environmental Protection Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of fund. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaaer's Office bv: Valerie Washington (6199) Oriainatina Department Head: Brandon Bennett (6322) Additional Information Contact: David B. Carson (6336) ATTACHMENTS 23CONTRACTED CITYWIDE LITTER ABATEMENT CREWS Waiver.pdf (CFW Internal) FID Table - Contracted Citvwide Litter Abatement Crews.xlsx (CFW Internal) FUNDS AVAILABLE - 23 CONTRACTED CITYWIDE LITTER ABATEMENT.DOCX (CFW Internal) Presbvterian Niqht Shelter of Tarrant Countv: UoSoire 09-19-22.gdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30408&councildate=10/25/2022 11/8/2023