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HomeMy WebLinkAboutContract 59805-A1R1CSC No. 59805-AlR1 FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NUMBER 59805 A COOPERATIVE PURCHASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TOTER, LLC This FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NUMBER 59805 ("First Amendment and First Renewal"), is made and entered into by and between the City of Fort Worth ("City"), a Texas home -rule municipal corporation, and Toter, LLC ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the City and Vendor entered into a cooperative purchase agreement for Vendor to provide City with garbage, recycling, and yard waste carts, City Secretary Contract Number 59805 ("Agreement"); and WHEREAS, City and Vendor desire to renew the Agreement for an additional one-year period; and WHEREAS, the City and Vendor desire to amend the total compensation payable to Vendor pursuant to the Agreement during the First Renewal Term; and WHEREAS, the City and Vendor desire to amend the pricing schedule to update the prices applicable to the Agreement; NOW THEREFORE, City and Vendor, acting herein by and through their duly authorized representatives, agree to amend and to renew and extend the Agreement as follows: 1. The Agreement is hereby renewed and extended for one additional year beginning on May 29, 2024 and ending on May 28, 2025 ("First Renewal Term"), unless terminated earlier in accordance with the Agreement. 2. The fourth paragraph of the Agreement, which reads "City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Two Million, Six Hundred and Sixty Thousand and Ninety -Five Dollars and Zero Cents ($2,660,095.00). Vendor shall not provide any additional items or 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 shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing." is amended in its entirety to be First Amendment and First Renewal of OFFICIAL RECORD page 1 of 12 City Secretary Contract Number 59805 CITY SECRETARY FT. WORTH, TX and read as follows: City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made pursuant to this Agreement for the first year by City shall not exceed Two Million, Six Hundred Sixty Thousand, Ninety -Five Dollars ($2,660,095.00). Total payment made under this Agreement for the First Renewal Term by City shall not exceed Two Million, Six Hundred Sixty -Seven Thousand, Five Hundred Seventy -Four Dollars ($2,667,574.00). Vendor shall not provide any additional items or 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 shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 3. Exhibit A of the Agreement is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment and First Renewal. 4. a. All other provisions of the Agreement that are not expressly amended herein, shall remain in full force and effect. b. 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 of Page 2 of 12 City Secretary Contract Number 59805 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Valerie Washington (May 24, 202415:16 CDT) Name: Valerie Washington Title: Assistant City Manager Date: May 24, 2024 APPROVAL RECOMMENDED: By: 51 _ 11—T& Name: James Keezell Title: Environmental Services Assistant Director 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. Cl�Yl�ftlan 1fG1Y,�G�Y By: Christian Harver(Mav23.2024b5:37 CDT) Name: Christian Harper Title: Contract Services Administrator APPROVED AS TO FORM AND LEGALITY: ,d444p4 ATTEST:LT— p o By: * 000 oo* Name: M. Kevin Anders, H By: �oo—o 0 � Title: Assistant City Attorney r L� (��_ nbanaaa'�' (,� Name: Jannette S. Goodall CONTRACT AUTHORIZATION: Title: City Secretary M&C: 23-0590 Form 1295: N/A VENDOR: TOTER, LLC By: Att�4-4� Name: Laura P. Hubbard Title: Director of Municipal Sales Date: 5/22/2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and First Renewal of Page 3 of 12 City Secretary Contract Number 59805 EXHIBIT A Sourcewell,: Awarded Contract Sell To: Contact Name Christian Harper Bill To Name City of Fart Worth Bill To 100 Throckmorton St Ste 700 Fort Worth, TX 76102-2837 USA Email christian.harper@fcrtworthtexas.gov Phone (817)713-1703 Quote Information Salesperson Chance Hennig Salesperson Email chennig(awastecluip.com Salesperson Phone (361)362-4485 "Plastics - 79232 Model79232 - Toter 32 Gallon EVR 11 UniversallNeslable Cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10305729 Ship To Name City of Fort Worth Ship To 7801 W Cleburne Rd Fort Worth, TX 76133 USA Quick Ship Created Date 4/29/2024 Expiration Date 5I14/2024 Quote Number WQ-10305729 Please Reference Quote Number on all Purchase Orders ---Body Color - (279) Brownstone Trash carts ---Lid Color - (200) 113 Assembled Black 1080 perTL --Body Hot Stamp on Both Sides Sourcewell List (Existing) in White $46.02 ---Lid Hot Stamp (Discount off List Center - Read from 10.3% I $4.73) Street (Existing) in Base Cart $41.29 White + Body Color ---Wheels - 8in (279) Brownstone Sunburst - Granite fee --Lid Insert - Read waived from Street + Body HSBS (Existing) S1915 Fort Worth ---Customer Serial $0.50 ($0.25ea) Number Hot + Lid hot Stamp Stamped on Front S4284 Garbage of Cart Body in Only $0.25 White + Lid Insert B0079 ---113 Assembled Place At Curb with Stop Bar and $0.25 Axle Factory Sales Price Installed $42.29 ---Warranty- 12 Yrs Cart Body, All other components 10 Yrs ---Body Color - 1,080.00 $42.29 $45,673.20 First Amendment and First Renewal of Page 4 of 12 City Secretary Contract Number 59805 Sourcewell. Awarded Contract **Plastics - 79264 **Plastics - 79296 Model 79264 - Toter 64 Gallon EVR 11 UniversallNeslable Carl Model 79296 -Toter 96 Gallon EVR 11 UniversallNestable Cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10305729 Trash Carts (279) Brownstone 113 Assembled --Lid Color - (200) 840 per TL Black --Body Hot Stamp SOURCEWELL on Both Sides List $55.85 (Existing) in (Not (Discount off List provided) 14% 1 $7.80) --Lid Hot Stamp Base Cart $48.05 Insert - Read from + Body Color Street (Existing) in (279) Brownstone (Not provided) - Granite fee ---Wheels - 10in waived Sunburst + Body HSBS ---Customer Serial 91916 Fort Worth Number Hot $0.50 ($0.25ea) Stamped on Front + Lid Hot Stamp of Cart Body in S4284 Garbage White Only $0.25 --113 Assembled + Lid Insert B0079 with Stop Bar and Place At Curb Axle Factory $0.25 Installed Sales Price --Warranty- 12 Yrs $49.05 Cart Body, All other components 10 Yrs ---Body Color - (279) Brownstone Trash Carts --Lid Color - (200) 113 Assembled Black 588 Per TL -Body Hot Stamp on Both Sides SOURCEWELL (Existing) in White List $64.29 --Lid Hot Stamp (Discount off List Insert - Read from -10% 1$6.46) Street (Existing) in Base Cart $57.83 (Not provided) + Body Color --Wheels - 10in (279) Brownstone Sunburst - Granite fee --Lid Insert - Read waived from Street + Body HSBS (Existing) S1916 Fort Worth —Customer Serial $0.50 ($0.25ea) Number Hot + Lid Hot Stamp Stamped on Front 34284 Garbage of Cart Body in Only $0 25 White + Lid Insert B0079 --113 Assembled Place At Curb with Stop Bar and $0.25 Axle Factory Sales Price Installed $58.83 --Warranty- 12 Yrs Cart Body, All other components 10 Yrs --Body Color - 840.00 $49.05 $41,202.00 588.00 $58.83 $34,592.04 First Amendment and First Renewal of Page 5 of 12 City Secretary Contract Number 59805 Sourcewell. Awarded Contract **Plastics - 79232 95 Plastics-Op-LHSP-3 '*Plastics - 79264 95 Model 79232 - Toter 32 Gallon EVR 11 UniversallNestable Carl 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10305729 Recycle Carts (769) Navy Granite 113 Assembled --Lid Color - (715) 1080 perTL Hawaiian Blue ---Body Hot Stamp SOURCEWELL on Both Sides List $46.02 (Existing) in White (Discount off List ---Lid Hot Stamp 10.3% 1$4.73) Insert - Read from Base Cart $41.29 Street (Existing) in + Body Color White (769) Navy --Wheels - 10in Granite + Granite Sunburst fee waived --Customer Serial + Body HSBS Number Hot S1918 Fort Worth Stamped on Front Recycles $0.50 of Cart Body in ($0.25ea) White + Lid Insert B0079 --113 Assembled Place At Curb with Stop Bar and $0.25 Axle Factory Sales Price Installed $42.04 ---Warranty- 12 Yrs Cart Body, All other components 10 Yrs --Lid Graphio (IML) Position - Center of Lid, Recycle IML - Read from Street TBD Model 79264 - Toter 64 Gallon EVR 11 UniversallNeslable Cart Recycle Carts - 113 Assembled 840 per TL SOURCEWELL List $55.85 (Discount off List 14% 1 $7.80) Base Cart $48.05 + Body Color (769) Navy Granite - Granite fee waived + Body HSBS S1918 Fort Worth $0.50 ($0.25ea) + Lid Insert B0079 Place At Curb $0.25 Sales Price $48.80 Recycle IML - ---Lid Graphic (IML) Position - Center of Lid, M805 Recycle --Body Color - (769) Navy Granite —Lid Color - (715) Hawaiian Blue —Body Hot Stamp on Both Sides (Existing) in (Not provided) --Lid Hot Stamp Insert - Read from Street (Existing) in (Not provided) --Wheels - 10in Sunburst -Customer Serial Number Hot Stamped on Front of Cart Body in White --113 Assembled with Stop Bar and Axle Factory Installed ---Warranty- 12 Yrs Cart Body, All other components 10 Yrs 1,080.00 $42.04 $45,403.20 1,080,00 $1.95 $2,106.00 840.00 $48.80 $40.992.00 840.00 $1.95 $1,638.00 First Amendment and First Renewal of Page 6 of 12 City Secretary Contract Number 59805 Sourcewell. Awarded Contract Plastics-Op-LHSP-3 "Plastics - 79296 95 Plastics-Op-LHSP-3 "Plastics - 79296 Read from Street Model 79296 -Toter 96 Gallon EVR 11 UniversallNestable Cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10305729 Right (9.50 x 3.75) --Body Color - (769) Navy Granite -_Lid Color - (715) Recycle Cart 113 Assembled Hawaiian Blue ---Body Hot Stamp 588 Per TL on Both Sides (Existing) in (Not SOURCLWELL List $64.29 provided) -Lid Hot Stamp (Discount off List 1 Insert - Read from rt $57.83 Base Cart Caart Street (Existing) in (Not provided) + Body Color (769) Navy -- Wheels - 10in Granite -Granite Sunburst fee waived ---Customer Serial Number Hot + Body HSBS Stamped on Front S1916 Fort Worth $0.50 ($0.25ea) of Cart Body in + Lid Insert B0079 White --113 Assembled Place At Curb $0.25 with Stop Bar and Axle Factory Sales Price $58.58 Installed ---Warranty- 12 Yrs Cart Body, All other components 10 Yrs ---Lid Graphic (IML) Position -Canter of Lid, Recycle IML - M805 Recycle Read from Street Right (9.50 x 3.75) Yard Carts 113 Assembly 588 per truckload Model 79296 - Toter 96 Gallon EVR II UniversallNestable Cart Body/Lid color: 920 Kelly Green SOURCEWELL List $64.29 (Discount off List -10 % 1$6.46) Base Cart $57.83 + Body Color (920) Kelly Green - non-std fee waived + Lid Color (920) Kelly Green - non-std fee waived + Body HSBS S2131 Yard Cart $0.50 ($0.25ea) + Lid Hot Stamp --Body Color - Custom ---Lid Color - Custom ---Body Hot Stamp on Both Sides (Existing) in (Not provided) ---Lid Hot Stamp Insert - Read from Street (Existing) in (Not provided) --Wheels - 10in Sunburst ---Lid Insert - Read from Street (Existing) ---Customer Serial Number Hot Stamped on Front of Cart Body in White ­113 Assembled 588.00 $58.58 $34,445.04 588.00 $1.95 $1,146.60 588.00 $58.83 $34,592.04 First Amendment and First Renewal of Page 7 of 12 City Secretary Contract Number 59805 Sourcewell i Awarded Contract Secure Document Cart-64 Gallon 1 Barrel lock Secure Document Cart-96 Gallon 1 Barrel lock 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10305729 S4282 Yard Waste Only $0.25 + Lid Insert B0079 Place At Curb $0.25 Sales Price $58.83 Secure Shred Caster Cart Fully Assembled List Price $373.01 (Discount off List - Model CDC64 -Secure Document Cart - 64 30%) gallon 1 Barrel Lock --Dimensions: 32 1 x Base Cart 24.25 w x 44.5 h --Load Rating: 224 $261.11 Ibs1101.6 kg --CU FT: 19.98 --Ship Wt: 38.5 + Body Color Ibs (129) Graystone (no charge) + Lid Color (125) Gray (no charge) + Body HSBS $0.50 ($0.25ea) Sales Price $261.61 Secure Shred Caster Cart Fully Assembled List Price $398.61 (Discount off List - Model CDC96 --Secure Document Cart - 96 30%) gallon 1 Barrel Lock -Dimensions: 36 1 x Base Cart 29.75 w x 46 h -Load Rating: 335 IMP 52 kg $279.03 CU FT: 28.51 --Ship Wt: 47 Ibs + Body Color(129) Graystone (no charge) + Lid Color (125) Gray (no charge) + Body HSBS $0.50 ($0.25ea) Sales Price $279.53 Payment Terms Net 30 Days if credit has been established Shipping Terms FOB Origin Special Instructions First Amendment and First Renewal of City Secretary Contract Number 59805 Subtotal Shipping Tax Grand Total with Stop Bar and Axle Factory Installed --Warranty- 12 Yrs Cart Body, All other components 10 Yrs ---Body Color - (129) Graystone ---Lid Color - (125) Gray --Body Hot Stamp on Both Sides (Existing) in White ---Body Color - (129) Graystone ---Lid Color - (125) Gray --Body Hot Stamp on Both Sides (Existing) in White $282,331.26 $10,045.00 $24,121.04 $316,497.30 1.00 $261.61 $261.61 1.00 $279.53 $279.53 Page 8 of 12 Sourcewell i Awarded Contract Special Instructions Freight is $1,435 per uuuWad 32G 1080 cdrts pui L, uuMoad = $1.33 per cart 64G 840 carts per truckload = $1.71 per cart 96G 588 carts per truckload = $2.44 per cart 1661 Frontera Rd, Del Rio, TX, 78840 PHONC: UVV-414-V4— FAX: 833-930-1124 WQ-10305729 Price Adjustment L— y P, ,J Sourcewell contract: 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Cir--yv -C qutut Fl ;. Sourcewell Contract Pwmmistratoi. This form is available from me assigned Sourcewell Contract Administrator. At a minimum, the request must: Identify the applicable Sourcewell contract number; Clearly specify the requested change; Provide sufficient detail to jusuTy me requesteo change; Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Include a complete restatement of pricing documentation in Vicrosoft Excel with the effective date of the modified pricing, or pt WOCL dddition or deletion The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. Additional Information Additional Terms Our QLJI w u„ —ffer to provid< r.1,0 jw—Jlor services at the quantities and ..:....:. A is a good faith estimate, based on our understanding oT your needs. By signing below, you indicate your acceptance of our over wnicn is expressly subject to the Wastequip Terms & Conditions of Sale ("Wastequip's Terms"") located at: https:llwww.wasteguip.com/terms-condit.ui,s sa e, as of Lr,c uace — tu,,,, u, Section 11 of the WQ T&C, which are moue a part of this Quote. Wastequip's Terms may be updated from time to time and are available by hard copy upon request. Any changes or deviations to the terms of this Quote, including any different terms in an Order submitted by you, must be agreed upon in writing by both parties. Additional Pricing is based on your acceptance prior to the expuarion of this uuote, it iumng product specifications, quantities, and Information timing. Any differences to your Order may result in different pricing, freight or ether costs. Due to volatility in petrochemical, steel and related Product material markets, actual prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the Products) to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise staled, materials JILc. IoXYiL Eo on sales literature, invoices, price lists, quotations and dei,4v,y (Il KaLS bre , ion iinal sizes and representations — actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip's practices, and may vary from nominal sizes and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage tees or duties. If customer is not tax exempt, final tax calculations are subject to change. Special Contract Sourcewell — Pricing and Products/Services offerings are based on the Sourcewell Co -Operative Contract with Toter, Li Information (#041521, eff. 512512C21), and such Contract ,1,,,,:. —J L,,-dilions UrC „,w, N ,w:.d heiain iry Pricing and ProductslServices changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offerings may change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, aria Limited warranty Provisions apply to all purchases thereunder. Signatures Accepted By: First Amendment and First Renewal of Page 9 of 12 City Secretary Contract Number 59805 Sourcewell. i Awarded Contract Company Name: Date: Purchase Order: Please Reference Quote Number on all Purchase Orders 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10305729 First Amendment and First Renewal of Page 10 of 12 City Secretary Contract Number 59805 Sourcewell i Awarded Contract Sell To: Contact Name Christian Harper Bill To Name City of Fort Worth Bill To 100 Throckmorton St Ste 700 Fort Worth, TX 76102-2837 USA Email christian.harper@fortworthtexas.gov Phone (817)713-1703 Quote Information Salesperson Chance Hennig Salesperson Email chennig@wastequip.com Salesperson Phone (361)362-4485 1661 Frontera Rd, Del Rio, TX, 78840 PHONE: 800-424-0422 FAX: 833-930-1124 WQ-10310595 Ship To Name City of Fort Worth Ship To 7801 W Cleburne Rd Fort Worth, TX 76133 USA Quick Ship Created Date 4/29/2024 Expiration Date 5/1312024 Quote Number WQ-10310595 Please Reference Quote Number on all Purchase Orders Residential and Residential and Commercial ScraplMaintenance Fee Per Month Per Cart is Commercial Maintenance Contract Services *See actually $0.17087 (annual cost increase for 1.00 $0.17 $0.17 Maintenance ContainerPros Attachment for Details* this line item is $0.0055 per cart) Contract Residential and Residential and Commercial Commercial Maintenance Contract Services *See Swap Fee Per Work Order 1.00 $5.00 $5.00 Maintenance ContainerPros Attachment for Details* Contract Residential and Residential and Commercial Commercial Maintenance Contract Services 'See Cleaning Fee Per Work Order 1.00 $2.00 $2.00 Maintenance ContainerPros Attachment for Details* Contract Residential and Residential and Commercial Commercial Maintenance Contract Services *See Monthly Rent Paid to CFW 1.00 $2,000.00 $2,000.00 Maintenance ContainerPros Attachment for Details" Contract Payment Terms Net 30 Days if credit has been established Subtotal $2,007.17 Shipping Terms FOB Origin Tax $165.59 Grand Total $2,172.76 Special Instructions Special Instructions The maintenance contract consists of thefollowing: 1. Scrap/Maintenance Fee a. That is per cart owned by the City First Amendment and First Renewal of Page 11 of 12 City Secretary Contract Number 59805 Toter0 1661 Frori Rd, Del Rio, TX, 78840 PHON.: UVV-414-V4— FAX: 833-930-1124 WQ-10310595 Sourcewell Awarded Contract Contract # 041521-TOT b. And is per month c. Example only: 600,000 carts X $0.17 = $85,000 2. Swap Fee per work order a. Each "swap" of per cart is a $5.00 add an fee 3. Cleaning Fee a. Each cart brought back to the yard is cleaned to be put back into inventory for future use b. $2.00 per cart washed 4. Annual cost increase for repairs and Maintenance a. $0.0055 is added to number urie, rem aouve or an annual basis. 5. Monthly Rent Paid to CFW a. We pay a monthly fee for rent of $2,000.00 to the City/department Additional Information Additional Terms Our Quote serves as an offer to provide Products andlor services at the quantities and prices shown and is a good faith estimate, based on our understanding of your needs. By signing below, you indicate your acceptance of our offer which is expressly subject to the Wastequip Terms & Conditions of Sale ('Mlastequip's Terms"") located at: _mmsJlYyy���s��py�j�.c9r`�namons-sale, as o1 the pate set rorm in erection 1(b) of the WQ T&C, which are made a part of this Quote. Wastequip's Terms may be updated from time to time and are available by hard -,, y �ru Any changes or deviations to the terms of this Quote, iri—u;ng any different terms in an Order submitted by you, must be agreed upon in writing by both parties. Additional Pricing is based on your amicipateo uroer prior to me expiration of this Quote, including product specifications, quantities Information and timing_ Any differences to your Or ,-, ,—, ,—.Jt in di'.. r , tJ,\., freight or other costs. Due to volatility in petrocnemicai, steel and related Product material marrcets, actual prices anu ireiynr, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the rroaui to renect any riorease m me oust to us wnicn is true to any factor beyond our conuoi tsucn as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise stated, materials anu uui run n:. oii�s ;ndicated on saxes mei awie, invoices, price lists, quotations and uerveiy (IUKeLS are nominal sizes and representations - actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip's practices, and may vary /lam„ . wii.i r .,1— and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt, final tax calculations are subject to change. Special Contract Sourcewell - Pricing and ProductslServices offerings are based on the Sourcewell Co -Operative Contract with Toter, LLC Information (#041521, eff. 512512021), and such Contractterms and conditions are incorporated herein by reference. Pricing and Products/Services changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offer., iys —y aria, iye o lthout written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder. Signatures Accepted By: Company Name. _ Date: Purchase Order: rrea5u-` mererenae wuote Number on all Purchase Orders First Amendment and First Renewal of Page 12 of 12 City Secretary Contract Number 59805 CITY COUNCIL AGENDA Create New From This M&C DATE: 6/27/2023 REFERENCE NO.: CODE: P TYPE: Official site of the City of Fort Worth, Texas Fort **M&C 23- LOG NAME: 13PCOOP SW041521-TOT 0590 WASTE CARTS LSJ CODE CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Authorize the Execution of an Agreement with Toter, LLC for the Purchase, Delivery and Maintenance of Garbage, Recycling and Yard Waste Carts in an Amount Up to $2,660,095.00 for the Initial Term, Using Sourcewell Cooperative Contract 041521- TOT, for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Toter, LLC for the purchase, delivery and maintenance of garbage, recycling and yard waste carts in an amount up to $2,660,095.00 for the initial term, using Sourcewell Cooperative Contract 041521- TOT for the Code Compliance Department and authorize four consecutive, one-year renewals options at 5\% annual increase every term. DISCUSSION: The Code Compliance (Code) Department approached Purchasing about entering into an annual agreement for recycling, garbage, yard carts and maintenance services. Since November 2002, the City of Fort Worth has contracted with Toter, LLC (Toter) (now wholly owned by Wastequip, LLC) for the purchase, delivery, maintenance and replacement of recycling and garbage and yard carts for Fort Worth residents. In order to maintain consistency in the cart size and appearance and also to ensure efficient repair and replacement of parts, the City will continue its contractual relationship with Toter using the Sourcewell Cooperative Agreement No. 041521 TOT. Under this Agreement with Toter, the service levels will remain consistent with current service levels. Staff recommends awarding a one-year Agreement with Toter, LLC with four optional one-year renewal terms. State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. Sourcewell cooperative contracts have been competitively bid to increase and simplify the purchasing power of government entities. Funding is budgeted in the Other Contractual Services account of the Code Compliance Department's rollup within the Solid Waste Fund. Approval of this M&C authorizes the City to spend up to $2,660,095.00 for the first term with Toter for the recycling, garbage, yard carts and maintenance services. Actual usage in any term can be up to the authorized amount and will be dependent upon actual appropriations for this purpose in the departments' budget. AGREEMENT TERMS - Upon City Council approval the agreement will begin upon execution and ends May 28, 2024 to correspond with the terms of the cooperative contract. This Agreement may be renewed for up to four additional one-year terms at the City's option for the following amounts: Year Two $2,667,574.00; Year Three $2,736,451.00; Year Four $2,807,091.00, and Year Five $2,879,538.00. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated in the Solid Waste Fund. Prior to an expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ 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 ID Year (Chartfield 2) Submitted for City Manager's Office by_ Reginald Zeno (8517) Valarie Washington (6192) Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Brandon Bennett (6322) Jo Ann Gunn (8225) Lakita Slack -Johnson (8314) ATTACHMENTS 13PCOOP SW041521-TOT WASTE CARTS LSJ CODE funds availabilitv,pdf (CFW Internal) 13PCOOP SW041521-TOT WASTE CARTS LSJ CODE Updated FID.xlsx (CFW Internal) Copy of Copv of FID TABLE Toter 5.22.2023.xlsx (CFW Internal) Form 1295 Certificate Toter.pdf (CFW Internal) SAMS REPORT TOTER.pdf (CFW Internal) TOTER PRICING.pdf (CFW Internal) Toter SW Contract 041521.pdf (CFW Internal)