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Home My WebLink AboutContract 58605-A1R1City Secretary Contract Number 58605-AlR1 FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NUMBER 58605 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFETY KLEEN SYSTEMS, INC. This FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 58605 ("First Amendment and First Renewal") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation` of the State of Texas, and Safety Kleen Systems, Inc. ("Contractor"), a Wisconsin corporation. WHEREAS, the City and Contractor previously entered into that certain Contractor Services Agreement, City Secretary Contract Number 58605 ("Agreement"); and WHEREAS, City and Contractor desire to renew and extend the Agreement for the first renewal term; and WHEREAS, City and Contractor desire to amend the Agreement to revise the payment schedule; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and Contractor, acting herein by and through their duly authorized representatives agree to renew and amend the Agreement as follows: I. The Agreement is renewed and extended for the First Renewal Term beginning on October 1, 2023, and expiring on September 30, 2024. II. Exhibit A, Section 7.1 of the Agreement is hereby amended to be and read as set forth in Attachment 1 of this First Amendment and First Renewal, which is attached hereto and incorporated herein by reference. Exhibit B of the Agreement is hereby amended to be read as set forth in Attachment 2 of this First Amendment and First Renewal, which is attached hereto and incorporated herein by reference. FLV 1. City and Contractor agree that execution of this First Amendment and First Renewal shall not affect the maximum amount of compensation City shall pay Contractor during the Initial Term of the Agreement or during any Renewal Term. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 58605 Page 1 of 6 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFETY KLEEN SYSTEMS, INC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3. All terms in this First Amendment and First Renewal that are capitalized but not defined shall have the meanings ascribed to those terms in the Agreement. [Signature Page Follows] FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 58605 Page 2 of 6 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFETY KLEEN SYSTEMS, INC. IN WITNESS THEREOF, the parties have executed this First Amendment and First Renewal to be effective on October 1, 2023. FORT WORTH: City of Fort Worth bagw, Bcr�gLu% BY: Dana Burghdoff (oct7'3, 2023 14.33 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Oct 23, 2023 Approval Recommended: By: Name: Ricardo Salazar Title: Interim Property Management Director u aoFFOR.4;1a pro 01 Attest: h ..1�4nxn pagan By: U aeopsb*p Name: Jannette S. Goodall Title: City Secretary CONTRACTOR: Safety Kleen Systems, Inc. By: Name: William McKim Title: Executive Vice President of Bulk Products and Services Date: 10/17/2023 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. Dew"fe Ganla By: Denise Garcia (Oct 20, 2023 12:17 CDT) Name: Denise Garcia Title: Purchasing Manager Approved as to Form and Legality: � By: illy Name: Kevin Anders Title: Assistant City Attorney Contract Authorization: M&C: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 58605 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFETY KLEEN SYSTEMS, INC. ATTACHMENT 1 7.0 CONTRACTOR RESPONSIBILITIES 7.1 Testing/Collection: 7.1.1 Contractor will be responsible for testing the Guard Tank at the City's facility for off -spec and contaminated used automotive motor oil. 7.1.2 If during the course of testing Contractor finds off -spec product, Contractor will test the retained samples which contributed to the Guard Tank. 7.1.3 Contractor shall be responsible for the safe and proper collection of used automotive motor oil and waste products, such as, but not limited to: 1) Used Oil Filters; 2) Used Automotive Antifreeze, and 3) Contaminated water, from the City's designated sites and the City of Fort Worth Fleet Management Shop. 7.1.4 Contractor shall be responsible for the cleanup of any spills on City property as a result of the collection process by the Contractor of all used fluids and waste products. Contractor shall be liable for any accident, spills, leaks, etc., that occur during the transfer, collection or loading of used fluids, antifreeze, used filters, drums, etc. 7.1.5 Contractor must be equipped to handle any waste collection clean-up resulting from the leakage of hazardous materials from a container during the collection and extraction process. 7.1.6 Contractor is also responsible for the disposal of the materials used to clean up the spills that occur during the transfer operations. 7.1.7 Contractor shall collect, package (containerizing), and label hazardous, special, and solid waste. 7.1.8 Contractor shall collect, package (containerizing), and label hazardous, special, and solid waste. FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 58605 Page 4 of 6 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFETY KLEEN SYSTEMS, INC. ATTACHMENT 2 EXHIBIT B PAYMENT SCHEDULE Unit prices shall include all associated costs, not limited to delivery, fuel, and handling charges, per table in Exhibit B. City acknowledges charges for testing used oil as identified in Attachment 2 will vary. No additional charges will be accepted or paid by the City. TABLE A Item Class -Item Quantity Unit ofMeasure Unit Price 1 Antifreeze Disposal Services 23500 GAL* $ 0.50 2a, Used Oil — Recyclable 46500 GAL* $ 0.25 Used Oil/Fluids - disposal only 4600 GAL* $ 0.25 2b. (contaminated greater than 5%) Used Crushed Oil/ Fluid Filters — potentially contains flammable 60 DR** $ 35.00 3a. materials Used Crushed Oil Filters — 10 DR** $ 35.00 3b. solid(s) materials -solvents 4 Used Oil/Fluid solid materials 10 DR** $ 225.00 TOTAL $ 29,225.00 Notes: * GAL - Per gallon. Unit of Measure: gallon (ea.) - set per fee/over stored in 55-gallon drums when vats at capacity :x DR - 55-gallon drum 1.2 Price Adjustment Index Table (PAIT) Tabulation - TABLE B 1.2.1 The Price Adjustment Index Table (PAIT) Tabulation is referenced in Table B. Rate (dollar amount) into the `Zone 2 Rate' (column "c" in the PAIT) which signifies the price agreed to either (1) `Charge for Oil' the disposal fee, (2) `Pay for Oil' to the City as a rebate/sale for recycling or break even and collect at (3) `No Charge'. The Zone 2 "CFO/PFO/NC" (column "d" in the PAIT) which signifies their breakpoints for disposal fees, rebate/recycle payments to the City or no charge services. 1.2.2 It is understood in the market industry and for purposes of defining breakpoints on this RFP, that the average Index Rate is determined by the following formula: 1.2.2.1 Index Rate in US Dollars (column "a" in the PAIT) = Add the prior two (2) Months Average Spot Closing Price on Gulf Coast #2 Index and Divide by two (2). 1.2.2.2 Should Gulf Coast #2 increase above $5.00 USD/Gallon or drop below $1.00 USD/gallon the parties agree to meet and renegotiate the agreement. 1.2.2.3 The Index Rate in US Dollars shall be round up or down to the nearest tenth of a decimal point. It is accepted and given that any value at or above 0.50 be rounded upward. (The common industry practice for for FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 58605 Page 5 of 6 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFETY KLEEN SYSTEMS, INC. used fluid rebate programs is to round the Index to the tenth when dealing with monetary funds to minimize the administrative paperwork associated with fluctuating Indexes.) 1.2.2.4 Used fluid payments or disposal fees shall be based on collections from City of Fort Worth locations and averaged based on the prior two (2) months average spot closing. 1.2.3 Rate (dollar amount) in the `Zone 2 Rate' (column "c" in the PAIT) which signifies the price agreed to either'(1) `Charge for Oil' the disposal fee, (2) `Pay for Oil' to the City as a rebate/sale for recycling or break even and collect at (3) `No Charge'. In the Zone 2 "CFO/PFO/NC" (column "d" in the PAIT) which signifies breakpoints for disposal fees, rebate/ recycle payments to the City or no charge service. Price Adjustment Index Table (PAIT) Tabulation - TABLE B Gulf Coast #2 Index (USD) (per gallon) Rate Currency Rate a b c $5.00 USD $0.25 $4.75 USD $0.25 $4.50 USD $0.25 $4.25 USD $0.25 $4.00 USD $0.25 $3.75 USD $0.25 $3.50 USD $0.25 $3.25 USD $0.25 $3.00 USD $0.25 $2.75 USD $0.25 $2.50 USD $0.25 $2.25 I USD $0.25 $2.00 J USD $0.25 $1.75 I USD $0.25 $1.50 I USD $0.25 $1.25 I USD $0.25 $1.00 USD $0.25 * Enter any one of the following Acronym in column "d" as applicable: Zone 2 Key: CFO - Charge for Oil CFO/PFO/NC* PFO - Pay for Oil d NC - No Charge PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO PFO Notes: CFO - Proposer charges City at the rate stated in the column "c" for collection of Oil. PFO - Proposer pays to City at the rate stated in column "c" for collection of Oil. NC - Proposer neither charges nor pays City for collection of Oil. In this case, column "c" shall be considered as $ 0.00. FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NUMBER 58605 Page 6 of 6 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFETY KLEEN SYSTEMS, INC.