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HomeMy WebLinkAboutContract 58382-A3City Secretary Contract Number 58382-A3 THIRD AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 58382 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58382 ("Third Amendment") 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 The Presbyterian Night Shelter of Tarrant County, Inc. ("Contractor"), a Texas nonprofit corporation. WHEREAS, the City and Contractor previously entered into that certain Contractor Services Agreement for Contractor to provide City with collection of trash, litter and debris, City Secretary Contract Number 58382 ("Agreement"); and WHEREAS, the City and Contractor executed the First Amendment to the Agreement to clarify the Payment Schedule; and WHEREAS, the City exercised its option to renew the Agreement for the First Renewal Term; and WHEREAS, the City and Contractor executed the Second Amendment to amend the Agreement's Scope of Services and Payment Schedule; and WHEREAS, the City and Contractor desire to amend the Agreement to increase the total compensation payable to Contractor pursuant to the Agreement; NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, agree to amend the Agreement as follows: I. Section 3 of the Agreement is amended in its entirety to be and read as follows: 3. Comuensation. City will pay Contractor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein by reference for all purposes. Total compensation under this Agreement will not exceed Two Million, Six Hundred Forty -Two Thousand, Thirty -Seven Dollars, and Sixty Cents ($2,642,037.60). Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58382 OFFICIAL RECORD A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY SECRETARY THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. FT. WORTH, TX II. Exhibit B of the Agreement is amended in its entirety to be and read as set forth in Attachment 1 to this Third Amendment which is attached hereto and incorporated herein by reference. a. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. b. All terms in this Third Amendment that are capitalized but not defined shall have the meanings ascribed to those terms in the Agreement. [Signature Page Follows] THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58382 Page 2 of 4 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. Executed to be effective on the date signed by the Assistant City Manager. CITY OF FORT WORTH: City of Fort Worth By: VaLerie Wash ington(Apr 25, 202409:55 CDT) Name: Valerie Washington Title: Assistant City Manager Date: April 25, 2024 Approval Recommended: _ J By. CodyW bur&(APr ,20242135 CDT) Name: Cody Whittenburg Title: Interim Environmental Services Director o4.OR. qad f= � a1 F ° O�AO Attest. o =, V /, .bb� PdQn p�p5oa By: Name: Jannette S. Goodall Title: City Secretary VENDOR: 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. yG.o.w�... By: Laura McClean (Apr 23,202416:53 CDT) Name: Laura McClean Title: Contract Compliance Specialist Approved as to Form and Legality: By: -M, -y►''+"MUu , L- Name: Kevin Anders Title: Assistant City Attorney Contract Authorization: M&C: 24-0346 Date: 4/23/2024 Form 1295: 2024-1121938 The Presbyterian Night Shelter of Tarrant County, Inc. BY: Daryl R. Davis, I. (Apr 23, 202416:52 CDT) Name: Daryl R. Davis Title: VP of Workforce and Career Development Date: 4/23/2024 THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58382 OFFICIAL RECORD A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY SECRETARY THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. FT. WORTH, TX Description Litter Crew Billing Rate (5-person crew) Supervision Fee ATTACHMENT 1 EXHIBIT B PAYMENT SCHEDULE Estimated Unit of Estimated Total Ouantitv Measurement Unit Price Amount 20,800.70 Hours $91.32 $1,899,520.00 1 Annually $15,000.00 Estimated Total Annual Expense: Pavment Schedule for HiLyhwav Crews: Description Estimated Unit of Ouantitv Measurement Highway Litter Crew Billing Rate 2080 Hours (5-person crew) Highway Litter Crew Billing Rate 2080 Hours (4-person crew) THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58382 A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. $15,000.00 $1,914,520.00 Unit Price $126.08 $109.83 Page 4 of 4 CITY COUNCIL AGENDA Create New From This M&C DATE: 4/23/2024 REFERENCE **M&C 24- NO.: 0346 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTH 22AMEND CONTRACTED CITYWIDE LITTER ABATEMENT CREWS NO SUBJECT. (ALL) Authorize Execution of Amendment No. 3 to City Secretary Contract No. 58382, a Contractor Services Agreement with the Presbyterian Night Shelter of Tarrant County, Inc. in the Amount of $727,517.60, to Continue City -Wide Litter Abatement Administered by the Environmental Services Department RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 3 to City Secretary Contract No. 58382 with the Presbyterian Night Shelter of Tarrant County, Inc. to increase the annual amount of this contractor services agreement by $727,517.60 for a revised contract amount of $2,642,037.60 for city-wide litter abatement administered by the Environmental Services Department. DISCUSSION: In August 2022, the City of Fort Worth issued a Request for Proposal (RFP) to secure an annual agreement for labor, materials, and equipment to abate litter throughout the City of Fort Worth with an annual amount of up to $1,914,520.00. The Presbyterian Night Shelter of Tarrant County, Inc., through its UpSpire program, was awarded the RFP to fulfill these services. This contract was executed on October 26, 2022 with approval per Mayor and Council Communication (M&C) 22-0855. In FY23, this successful collaboration resulted in the collection of over 1.4 million pounds of litter along arterial roadways, within neighborhoods and in public areas. City-wide litter abatement crew services are necessary to protect the public health and safety of the City's residents. Environmental Services is requesting authorization to increase the annual agreement amount by $727,517.60 for a new annual total amount not to exceed $2,642,037.60. These funds will be allocated for Presbyterian Night Shelter staff to supplement litter cleanup in greenspaces along the highways within Fort Worth and to support litter cleanup through the City's Neighborhood Improvement Projects (NIPs). Presbyterian Night Shelter staff will continue to collect and remove litter throughout the City of Fort Worth. Funding is budgeted in the General Operating & Maintenance category within the Environmental Protection Fund and in various capital projects within the General Capital Projects Fund for the Environmental Services Department. AGREEMENT TERMS - The current term of this agreement will expire on October 25, 2024, with three renewal options remaining thereafter. BUSINESS EQUITY - 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 This amendment will not change any other agreement terms or conditions of the contract. EXEMPT PROCUREMENT -The City Attorney's Office has determined that litter abatement may be exempt from competitive bidding under the provisions of Chapter 252 of the Texas Local Government Code as necessary to preserve or protect the public health or safety of the municipality's residents. Nevertheless, the City chose to voluntarily procure this agreement through the competitive process, as allowed, to ensure the City receives a fair and equitable contract. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating & capital budgets, as appropriated, in the Environmental Protection Fund and General Capital Projects Fund for the Como 21-Litter & Illegal D, HM-23 Litter Crew & Notices, SE 24-Litter Control -ES and WH-Litter Control -ES projects to support the approval of the above recommendation and execution of the amendment to the agreement. Prior to any expenditure being incurred, the Environmental Services Department has the responsibility to validate the availability of funds. Fund I Department Account I Project I Program Activity I Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program I Activity I Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaqer's Office by_ Valerie Washington (6199) Originating Department Head: Cody Whittenburg (5455) Additional Information Contact: Sarah Czechowicz (5164) ATTACHMENTS 22AMEND CONTRACTED CITYWIDE LITTER ABATEMENT CREWS funds availabilitv.pdf (CFW Internal) Approved Chanter 252 Exemption Form - Citvwide Litter crews.Ddf (Public) ENV - Request for Waiver of PNS Citvwide litter 3.25.24sianed.pdf (CFW Internal) FID TABLE-22AMEND CONTRACTED CITYWIDE LITTER ABATEMENT CREWS.xlsx (CFW Internal) Xerox Scan 2024-02-10 02.11.06 PM.Ddf (CFW Internal)