HomeMy WebLinkAboutContract 58382-A2FOURTH AMENDMENT AND THIRD RENEWAL Page 1 of 3
CITY SECRETARY CONTRACT NUMBER 58382
THE CITY OF FORT WORTH AND
THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.
City Secretary Contract Number
FOURTH AMENDMENT AND THIRD RENEWAL
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 FOURTH AMENDMENT AND THIRD RENEWAL TO CITY SECRETARY
CONTRACT NUMBER 58382 (“Fourth Amendment and Third 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 The Presbyterian Night Shelter of Tarrant County, Inc. (“Contractor”), a
Texas nonprofit corporation.
WHEREAS, on November 3, 2022, the City and Contractor previously entered into that
certain Contractor Services Agreement (City Secretary Contract Number 58382 (“Agreement”)
for Contractor to provide City with collection of trash, litter and debris for an initial one-year term
beginning on October 26, 2022 and expiring on October 25, 2023 with four one-year renewal
options; and
WHEREAS, on December 9, 2022, the City and Contractor executed the First Amendment
to the Agreement to clarify the Payment Schedule; and
WHEREAS, on November 9, 2023, the City and Contractor executed the Second
Amendment to amend the Agreement’s Scope of Services to include highway litter abatement
crews; and
WHEREAS, on April 25, 2024, pursuant to Mayor and Council Communication 24-0346,
the City and Contractor executed the Third Amendment to increase the total compensation payable
to Contractor from $1,914,520.00 to $2,642,037.60; and
WHEREAS, the City and Contractor renewed the Agreement in 2023 and 2024; and
WHEREAS, the City and Contractor desire to amend the Agreement to increase the total
compensation payable to Contractor and renew the Agreement for the third renewal term;
NOW THEREFORE, City and Contractor, acting herein by and through their duly
authorized representatives, agree to amend the Agreement as follows:
I.
AMENDMENT
Section 3 of the Agreement is hereby repealed and replaced with the following to be and
read as follows:
FOURTH AMENDMENT AND THIRD RENEWAL Page 2 of 3
CITY SECRETARY CONTRACT NUMBER 58382
THE CITY OF FORT WORTH AND
THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.
3.Compensation. City will pay Contractor in accordance with the provisions of this
Agreement. Total compensation under this Agreement will not exceed Four Million Five
Hundred Thousand Dollars ($4,500,000.00).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.
II.
RENEWAL
The Agreement is hereby renewed for its Third Renewal Term, which will begin on
October 26, 2025 and end on October 25, 2026, unless terminated earlier in accordance with the
terms of the Agreement.
IV.
ALL OTHER TERMS SHALL REMAIN THE SAME
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 Fourth Amendment that are capitalized but not defined shall have
the meanings ascribed to those terms in the Agreement.
c.This Fourth Amendment may be executed by electronic signature, which will be
considered as an original signature for all purposes and have the same force and effect
as an original signature. For these purposes, “electronic signature” means
electronically scanned and transmitted versions (e.g. via pdf file or facsimile
transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
[Signature Page Follows]
FOURTH AMENDMENT AND THIRD RENEWAL Page 3 of 3
CITY SECRETARY CONTRACT NUMBER 58382
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: ___________________________
Name: Valerie Washington
Title: Assistant City Manager
Date: ___________________________
Approval Recommended:
By: ______________________________
Name: Wyndie Turpen
Title: Assistant Environmental Services Director
Attest:
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary
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.
By: ____________________________
Name: Julie Bassett
Title: Contract Compliance Specialist
Approved as to Form and Legality:
By: ____________________________
Name: M. Kevin Anders, II
Title: Assistant City Attorney
Contract Authorization:
M&C: 25-0938
Form 1295: 2025-1358127
VENDOR:
The Presbyterian Night Shelter of Tarrant County, Inc.
By:
Name: Daryl R. Davis
Title: VP of Workforce and Career Development
Date: ____________________________
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE:
9/30/2025 REFERENCE
NO..
C TYPE:
**M&C 25- LOG NAME:
0938
Page 1 of 2
Official site of the City of Fort Worth, Texas
�ORT�'4'ORTII
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22CITYWIDE LITTER
ABATEMENT CREWS
N 0.4
CODE:
PUBLIC
CONSENT HEARING: NO
SUBJECT: (ALL) Authorize Execution of the Fourth Amendment to Contract with Presbyterian Night
Shelter of Tarrant County, Inc., to Increase the Contract Value for the UpSpire Program
by $1,857,962.40, for a New Annual Amount Up to $4,500,000.00, to Support Illegal
Campsite Clean-Up and Citywide Litter Control for the Environmental Services
Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of the Fourth Amendment to City
Secretary Contract No. 58382 with Presbyterian Night Shelter of Tarrant County, Inc., UpSpire
Program, to increase the amount by $1,857,962.40 for a new annual amount up to $4,500,000.00 to
support illegal campsite clean-up and citywide litter control through the Environmental Services
Department.
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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 for an
annual amount of up to $1,914,520.00. The Presbyterian Night Shelter of Tarrant County, Inc., through
its UpSpire Program, (UpSpire) was awarded the RFP to fulfill these services. On October 25, 2022,
City Council approved Mayor & Council Communication (M&C) 22-0855. On October 26, 2022, the
City entered into City Secretary Contract No. 58382 (the "Agreement") with UpSpire.
The following table contains information about the previous amendments to the Agreement
Amendment Amendment Information
Number
58382-A1 Payment schedule clarified
Expanded services to include supplemental collection
58382-A2 and removal of trash, litter, and debris along designated
state highways and highway segments within the City
Increased annual spending authority to a new total
contract amount up to $2,642,037.60 to support litter
58382-A3 cleanup in greenspaces along City highways and litter
cleanup efforts through the City's Neighborhood
Improvement Projects.
Current Request (Fourth Amendment)
Environmental Services is requesting authorization for a Fourth Amendment to the agreement for litter
abatement services, increasing the contract amount by $1,857,962.40 for a new annual amount up to
$4,500,000.00. The additional funding will enhance the City's capacity to address illegal campsite
cleanups as well as various needs throughout the City, including, but not limited to, litter and debris
removal. Currently, the agreement provides for up to 13 crews: 11 city-focused crews and 2 crews
http://apps.cfwnet.org/council�acket/mc review.asp?ID=33799&councildate=9/30/2025 10/13/2025
M&C Review
Page 2 of 2
dedicated to supplemental Texas Department of Transportation (TxDOT) highway cleanup. Approval
of this amendment will expand contract authority to allow for up to 10 additional five-person citywide
crews, subject to budget availability and operational needs. With this amendment, the agreement will
support a total of up to 23 crews: 11 city-focused crews, continuing 2 supplemental TxDOT highway
cleanup crews, plus 5 newly added crews to focus on illegal camping and debris cleanup, and up to 5
additional crews to support special events and pilot projects. The amendment will also provide
flexibility for the mobilization of various needs and clarify services to include separation and sorting of
recyclables in waste streams, when possible.
Funding will be budgeted in the Other Contractual Services account within the Environmental
Protection Fund for Fiscal Year 2026. Other funding sources may include grant funds, donations, or
alternate City funds, as available.
This amendment will not change any other agreement terms or conditions of the contract.
AGREEMENT TERMS - The current term of this agreement will expire on October 25, 2025, with two
renewal options remaining thereafter.
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 upon approval of the above recommendation and adoption of
the Fiscal Year 2026 Budget by the City Council, funds will be available in the Fiscal Year 2026
operating budget, as appropriated, in the Environmental Protection Fund to support execution of the
amendment. Prior to an expenditure being incurred, the Environmental Services Department has the
responsibility to validate the availability of funds.
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 Citv Manaaer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Valerie Washington (6199)
Cody Whittenburg (5455)
Sarah Czechowicz (5164)
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Copv of FID TABLE Amendment No.4 PNS 9.8.2025.x1sx (CFW Internal)
Form 1295 Certificate 101421741.pdf (CFW Internal)
SAM.qov 8.29.2025.pdf (CFW Internal)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=33799&councildate=9/30/2025 10/13/2025
CERTIFICATE OF INTERESTED PARTIES
FORM 129'rJ
1of1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the ciry, state and country of the business entity's place Certificate Number:
of business. 2025-1358127
Presbyterian Night Shelter
Fort Worth, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/03/2025
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
58382
Litter Abatement Services
Nature ofinterest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
Daryl R. Davis, II. 10/13/2025
My name is � and my date of birth is
My address is , ,
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
�_
Ci:. . � .,: �
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commissfon www.ethicsstate.tx.us Version V4.1.O.t10dOtd8
City Secretary’s Office
Contract Routing & Transmittal Slip
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Contractor’s Name:
Subject of the Agreement:
M&C Approved by the Council? *Yes No
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes No
If so, provide the original contract number and the amendment number.
Is the Contract “Permanent”? *Yes No
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential?*Yes No If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If different from the approval date. If applicable.
Is a 1295 Form required?* Yes No
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number:If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes No
Contracts need to be routed for CSO processing in the following order:
(Approver)
Jannette S. Goodall (Signer)
Allison Tidwell (Form Filler)