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Home My WebLink About064846-A1 - General - Contract - Toter, LLCCSC No. 64846-Al FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 64846 BETWEEN CITY OF FORT WORTH AND TOTER, LLC This First Amendment to Fort Worth City Secretary Contract No. 64846 ("Amendment") is made between the City of Fort Worth ("City") and Toter, LLC ("Vendor"), individually referred to as "party" and collectively as "parties." WHEREAS, City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 64846 beginning March 06, 2026 ("Agreement"); WHEREAS, the current term expires on April 4, 2027, unless terminated earlier in accordance with the Agreement; and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to update the contract beginning date. NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: I. AMENDMENT The term of the Agreement is hereby amended to be and read as follows: The term of this Agreement shall expire on March 05, 2027, with no renewal options at the City's sole discretion. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with at least 90 days' written notice of termination. U. ALL OTHER TERMS SHALL REMAIN THE SAME All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. M. ELECTRONIC SIGNATURE This 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 signature, shall be treated as and shall have the same effect as an original. [SIGNATURE PAGE FOLLOWS] OFFICIAL RECORD CITY SECRETARY FT. WORTH. TX First Amendment to Fort Worth City Secretary Contract No. 64846 Pagel of 3 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] First Amendment to Fort Worth City Secretary Contract No. 64846 Page 2 of 3 Executed effective as of the date signed by the Assistant City Manager below. CITY: City of Fort Worth VOL w� By: Valerie Washington (Mar 25, 2026 16:53:36 CDT) Name: Valerie Washington Title: Assistant Manager Date: 03/25/2026 Approval Recommended: By: Name: James Keezell Title: Assistant Director Attest: �FORT��C aoF,e k,$ >o Odd By: Name: Jannette Goodall Title: City Secretary Toter, LLC By: Name: Laura P. Hubbard Title: Director of Municipal Sales Date: 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. k& By: Raquel Meveland (Apr 1, 2026 10:18:08 CDT) Name: Cleveland Raquel Title: Sr Contract Compliance Specialist Approved as to Form and Legality: By: Name: J n P. Alvarez Title: Assistant City Attorney Contract Authorization: M&C: 26-0131 Date Approved: 2.24.2026 Form 1295 Certificate No.: 2026-1408772 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 64846 Page 3 of 3 M&C Review Page 1 of 2 A CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTI I `14�- REFERENCE **M&C 26- 13P COOP SW 120324- DATE: 2/24/2026 NO.: 0131 LOG NAME: TOT TOTER CARTS JJ ENV CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with Toter, LLC Using a Sourcewell Cooperative Contract for Toter Carts in an Amount Up to $5,100,000.00 for a One -Year Term for the Environmental Services Department RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Toter, LLC using a Sourcewell Cooperative Contract for toter carts in an amount up to $5,100,000.00 for a one- year term for the Environmental Services Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an agreement with Toter, LLC under Sourcewell Cooperative Contract No. 120324-TOT for the purchase of plastic carts for residential curbside garbage, recycling, and yard waste collection, including related customization, delivery, maintenance, and fulfillment services. The Environmental Service Department supports the City's residential solid waste program, which serves Fort Worth residents citywide and requires a standardized inventory of carts to support daily collection operations. These carts are routinely handled, exposed to environmental conditions, and transported throughout residential neighborhoods, resulting in ongoing wear and the need for maintenance and periodic replacement. This agreement will ensure the City maintains a reliable supply of durable carts and associated services necessary to support efficient, safe, and uninterrupted solid waste and recycling operations while maintaining current service levels. FUNDING: The maximum amount allowed under this agreement will be $5,100,000.00; however, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in the Other Contractual Services account within the Solid Waste Fund for the Environmental Services Department. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. Sourcewell Contracts have been competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. Request for Proposal No.120324 was published on October 15, 2024, and responses were opened on December 3, 2024. Sourcewell contract offers fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. AGREEMENT TERM: The initial term of the agreement will begin upon execution and expire one year from that date. 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. SMALL BUSINESS: A Small Business subcontracting goal is not assigned to this contract because a waiver has been approved by the department's Assistant City Manager, in accordance with the City's Small Business Ordinance, Chapter 21 of the City Code. The waiver was granted due to the use of a http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34174&councildate=2/24/2026 2/26/2026 M&C Review Page 2 of 2 cooperative purchasing agreement. The agreement serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Solid Waste Fund to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Environmental Services Department has the responsibility to validate the availability of funds. BON\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund IDepartment Account Project Program I Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) James keezell (5891) Haven Wynne (8525) Juby Jacob (8066) Copy of FID_TABLE_ BLANK_ WITH INSTRUCTIONS_V2 (002).xlsx (CFW Internal) Fort Worth TX - Form 1295 Certificate 101478549 (1-15-2026).pdf (CFW Internal) Small Business Wavier (signed)Toter Contract 120324-.pdf (CFW Internal) http://apps.cfwnet.org/councll_packet/mc_review.asp?ID=34174&councildate=2/24/2026 2/26/2026 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Toter, LLC Subject of the Agreement: Purchase of plastic carts for residential curbside garbage, recycling, and yard waste collections using COOP Sourcewell 120324-TOT M&C Approved by the Council? * Yes allo ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No a If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No a If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No a If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: April 4, 2027 If applicable. Is a 1295 Form required? * Yes allo ❑ *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 allo ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.