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
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By:
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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:
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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
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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