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HomeMy WebLinkAboutOrdinance 17814-10-2007Ordinance No. 17814-10-2007 AN ORDINANCE INCREASING APPROPRIATIONS IN THE SOLID WASTE FUND IN THE AMOUNT OF $26,000 AND DECREASING THE UNAUDITED UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF EXECUTING AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35414 WITH GERSHMAN, BRICKNER & BRATTON, INC. FOR A MARKETPLACE ASSESSMENT REGARDING THE RELATIONSHIP BETWEEN THE CITY AND ALLIED WASTE SYSTEMS/TRINITY; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That in addition to those amounts allocated to the various City departments for Fiscal Year 2007- 2008 in the Budget of the City Manager, there shall also be increased appropriations in the Solid Waste Fund in the amount of $26,000 and decreasing the unaudited unreserved, undesignated fund balance by the same amount, for the purpose executing Amendment No. 1 to City Secretary Contract No. 35414 with Gershman, Brickner & Bratton, Inc. for a marketplace assessment regarding the relationship between the City and Allied Waste Systems/Trinity. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. A~PROVED AS TO FORM AND LEGALITY: ~~ ~~ Assistant ity Attorney ADOPTED AND EFFECTIVE: October 2, 2007 C® of ® IN®r~h, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/2/2007 -Ord. No. # 17814-10-2007 DATE: Tuesday, October 02, 2007 LOG NAME: 52GBBAMENDMENT REFERENCE NO.: *~C-22424 SUBJECT: Authorize Amendment No. 1 to City Secretary Contract No. 35414 with Gershman, Brickner & Bratton, Inc., fora Landfill Marketplace Assessment; and Adopt Supplemental Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the supplemental appropriation ordinance increasing appropriations in the Solid Waste Fund by $26,000, and decreasing the unaudited unreserved, undesignated fund balance by the same amount; and 2. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 35414 with Gershman, Brickner &Bratton, Inc., (GBB) for a marketplace assessment regarding the relationship between the City and Allied Waste Systems/Trinity by increasing the total contract cost not to exceed from $24,000 to $50,000 and extending the term of the contract for 180 days. DISCUSSION: On January 28, 2003, the City entered into an agreement with Allied Waste Systems, Inc., d/b/a Trinity Waste Services ("Trinity Waste"), for the lease and operation of the City's Southeast Landfill known as City Secretary Contract No. 28336 and the First Amendment to the agreement on September 28, 2005 known as City Secretary Contract No. 32407, (collectively the "Lease Agreement"). On June 14, 2007, the City executed City Secretary Contract No. 35414 with Gershman, Brickner &Bratton, Inc., (GBB) to prepare a marketplace assessment of the relationship between the City and Allied Waste Systems, Inc., The original contract proposed compensation to GBB was for $24,000. While the scope of work for this project was appropriate in the delineation of tasks, the level of effort was underestimated. Given the importance and complexity of this marketplace assessment, it is important for the City to continue to retain the knowledge and skills that GBB possesses to ensure that the final outcome is fiscally responsible and reflective of the City's outgoing landfill management needs. The City desires the assistance of GBB in its deliberation with Allied Waste Systems, Inc., specifically as it relates to, but is not limited to, the following tasks: o Assist the City in determining the issues related to the landfill operating and waste disposal services embedded in the City's lease agreement with Allied Waste; o Work with staff in developing appropriate terms for a contract amendment, should the need arise; and o Assist staff in identifying and/or reviewing any contractual or system design changes. Logname: 52GBBAMENDMENT Page 1 of 2 As a result, additional funding of $26,000 will be required to complete these tasks and the contract term will be extended for 180 days. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Solid Waste Fund. Upon approval, the unaudited, unreserved, undesignated cash balance of the Solid Waste Fund will be $6,288,340 which is the amount available above the minimum reserve fund balance of $8,809,085 required by the City's Financial Management Policy Statements (i.e., 20 percent of the current-year adopted budget expenditures less debt service and capital outlay). TO Fund/Account/Centers FROM Fund/Account/Centers PE64 539120 0525001 $26.000.00 PE64 539120 0525001 $26.000.00 Submitted for City Manager's Office by: Originating_Department Head: Additional Information Contact: Libby Watson (6183) Brian Boerner (6647) Kim Mote (5153) Logname: 52GBBAMENDMENT Page 2 of 2