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
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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