HomeMy WebLinkAboutContract 59805-A259805-A2 CSC No. _______ _
SECOND AMENDMENT OF
CITY SECRETARY CONTRACT NUMBER 59805
A COOPERATIVE PURCHASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND TOTER, LLC
This Second Amendment of City Secretary Contract Number 59805 ("Second
Amendment") is entered into by and between the City of Fort Worth ("City"), a Texas home
rule municipal corporation, and Toter, LLC ("Vendor"), a North Carolina limited liability
company, 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 executed the First Amendment and First Renewal of the
Agreement to amend the total compensation payable to Vendor and the pricing schedule, and to
renew the Agreement for the first renewal term; and
WHEREAS, the Parties mutually desire to increase the total compensation payable to
Vendor under the Agreement to an annual amount not to exceed $4,500,000.00;
NOW THEREFORE, City and Vendor acting herein by and through their duly
authorized representatives agree to amend the Agreement as follows:
1.
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 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." is
amended in its entirety to be 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 each Renewal Term by City shall not exceed Four Million, Five
Hundred Thousand Dollars ($4,500,000.00). 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 A greement
unless City first approves such expenses in writing."
3.
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 Second Amendment that are capitalized, but not defined, shall have the
meaning scribed to those terms in the Agreement.
4.
This Second Amendment may be executed in multiple counterparts, each of which
shall be an original and all of which shall constitute one and the same instrument. A
facsimile copy or computer image, such as a PDF or tiff image, or a si gnature, shall be treated
as and shall have the same effect as an original.
[SIGNATURES ON FOLLOWING PAGE]
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Date:
Valerie Washington (Mar 6, 202510:49 CST)
Name: Valerie Washington
Title: Assistant City Manager
03/06/2025
APPROVAL RECOMMENDED:
Cbn.o.d,
�=3dt By: � CJ Name: James Keezell
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.
Chtirtia11 H¥afet By: Christian Harper (Mar 6, 20250:27 CST)
Name: Christian Harper
Title: Contract Compliance Administrator
APPROVED AS TO FORM AND LEGALITY:
Title: Assistant Director, Environmental By: M, Kwiet-: AJti!erf) II M. Kevin Anders, II (Mar 6, 2025 08:58 CST)
Services
ATTEST:
By:
Name: Jannette S Goodall
Title: City Secretary
TOTER,LLC:
By:
Name: Laura Hubbard
Title: Director of Municipal Sales
Date: 03/06/2025
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 25-0145
Form 1295: 2025-1276579
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:2/25/2025 REFERENCE
NO.:
**M&C 25-
0145 LOG NAME:
13P AMEND CSC 59805
SW041512-TOT WASTE
CARTS DM ENV
CODE:P TYPE:CONSENT PUBLIC
HEARING:NO
SUBJECT: (ALL) Authorize Execution of an Amendment to City Secretary Contract 59805 with Toter,
LLC for the Purchase, Delivery and Maintenance of Garbage, Recycling, and Yard Waste
Carts to Increase the Annual Amount by $1,839,905.00 for a New Annual Amount Up to
$4,500,000.00 Using Sourcewell Cooperative Contract 041521-TOT for the
Environmental Services Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an amendment to City Secretary
Contract No. 59805 with Toter, LLC for the purchase, delivery and maintenance of garbage,
recycling, and yard waste carts to increase the annual amount by $1,839,905.00 for a new annual
amount up to $4,500,000.00 using Sourcewell Cooperative Contract No. 041521-TOT for the
Environmental Services Department.
DISCUSSION:
On July 18, 2023, the City entered into City Secretary Contract (CSC) No. 59805 with Toter, LLC
using a Sourcewell Cooperative Agreement for the purchase, delivery and maintenance of garbage,
recycling, and yard waste carts on an as-needed basis. The Environmental Services Department
requested that the Purchasing Division assist with amending the agreement to provide additional
spending authority. The Environmental Services Department will utilize this amendment to increase
City CSC No. 59805 by $1,839,905.00. This increase is requested due to the continued rapid growth
of the City and the large influx of new home communities, which have significantly increased the
demand for essential waste management services including the waste carts required by the program.
To prevent service delays, inefficiencies, and potential public dissatisfaction, a request for additional
funding is being requested. This additional funding will also provide increased revenue opportunities to
the City as residents continually shift to larger size waste carts. This increase aids in maintaining
operational standards, promoting public health, and supporting the solid waste funds sustainability
and the Citys growth. Ensuring every home has access to proper waste disposal is critical to
sustaining the quality of life and meeting our residents expectations.
Approval of this Mayor and Council Communication authorizes the City to spend up to $4,500,000.00
per year with Toter, LLC for the purchase, delivery and maintenance of garbage, recycling, and yard
waste carts. 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 budgets.
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 within the Solid Waste Fund for
the Environmental Services Department.
BUSINESS EQUITY - A Business Equity goal is not assigned when purchasing from an approved
purchasing cooperative or public entity.
Page 1 of 2M&C Review
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
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.
RENEWAL OPTIONS The current term of this Agreement will end on May 28, 2025, with one (1)
one-year renewal option remaining. This action does not require specific City Council approval
provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the
renewal terms.
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 Environmental Services Department has the responsibility to validate
the availability of funds.
BQN\\
TO
FROM
Submitted for City Manager's Office by:Reginald Zeno (8517)
Valerie Washington (6192)
Originating Department Head:Reginald Zeno (8517)
Cody Whittenburg (5455)
Additional Information Contact:Brandy Hazel (8087)
Denise Medrano (8063)
ATTACHMENTS
13P AMEND CSC 59805 SW041512-TOT WASTE CARTS DM ENV fid table.xlsx (CFW Internal)
13P AMEND CSC 59805 SW041512-TOT WASTE CARTS DM ENV funds avail.docx (CFW Internal)
CSC 59805- Toter LLC.pdf (CFW Internal)
FORM 1295 CERTIFICATE TOTER.pdf (CFW Internal)
Page 2 of 2M&C Review
3/6/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33010&councildate=2/25/2025