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HomeMy WebLinkAbout051066-A1 - General - Contract - DebrisTech, LLCCSC No. 51066-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NUMBER 51066 A STANDBY AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DEBRISTECH, LLC This First Amendment to City Secretary Contract Number 51066 is made and entered into by and between the City of Fort Worth (hereafter "City"), a Texas home rule municipality, and Debristech, LLC ("Contractor"), a Mississippi limited liability company, acting by and through its duly authorized representative. City and Contractor may be referred to individually as a "party" and collectively as the "parties." WHEREAS, on July 19, 2018, pursuant to Mayor and Council Communication ("M&C") P-12156, the parties entered into City Secretary Contract 51066 (the "Agreement") to provide as - needed disaster debris monitoring services for a period beginning on February 21, 2018, through February 20, 2022; and WHEREAS, M&C P-12156 authorized the City to renew the Agreement for one additional five-year term by mutual agreement of the parties; and WHEREAS, the Agreement contains a renewal provision allowing for five (5) one-year renewal options; and WHEREAS, on January 19, 2022, the parties entered into the First Renewal to the Agreement which renewed the Agreement for a one-year renewal term; and WHEREAS, on March 24, 2023, the parties entered into the Second Renewal to the Agreement which renewed the Agreement for a one-year renewal term; and WHEREAS, on January 22, 2024, the City notified Contractor that it was exercising its option to renew the Agreement for the third renewal term; and WHEREAS, on March 17, 2025, the City notified Contractor that it was exercising its option to renew the Agreement for the fourth renewal term; and WHEREAS, the renewal provision in the Agreement does not align with the M&C regarding renewals; and WHEREAS, the parties desire to correct the renewal provision so it aligns with the original authorization and intent of the M&C as a single five (5) year renewal term rather than multiple one- year renewals. NOW THEREFORE, City and Vendor acting herein by and through their duly authorized representatives agree as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX I. AMENDMENT Section 2 of the Agreement is hereby repealed and restated to be and read as follows: 2. TERM. This Agreement shall begin on February 21, 2018 ("Effective Date") and shall expire on February 20, 2022 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for one (1) five-year renewal option. H. The parties agree that the previously executed renewals are evidence of the City's desire to exercise its option to renew the Agreement for the renewal term. The parties agree that renewal term began on February 21, 2022, and will end on February 20, 2027. All services provided, payments made, and obligations incurred during the previously completed annual renewal periods are hereby ratified and confirmed as valid and enforceable under the Agreement, as amended. III. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. IV. 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 anoriginal. (signatures on the next page) ACCEPTED AND AGREED: CITY OF FORT WORTH: ✓ & A By: Valerie Washington (Apr 9, 2026 16:12:05 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 04/09/2026 APPROVAL RECOMMENDED: �'l—deee By: Name: James Keezell Title: Environmental Services Asst. Director ATTEST: a F Fow>°�aa o� s A �p FaaanX�$gga By: Name: Jannette S. Goodall Title: City Secretary DEBRISTECH, LLC: By: �"— L Name: Brooks Wallace Title: President Date: 04/09/2026 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. Kelly Cleveland By: Kelly Cleve and (Apr 9. 2026 13:37:47 CDTI Name: Kelly Cleveland Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: M. Kevin Anders, I I (Apr 9, 2026 14:39:26 CDT) Q Name: M. Kevin Anders, II Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: P-12156 Form 1295: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Debristech, LLC Subject of the Agreement: Provide as -needed disaster debris monitoring services. M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page, for permanent contract listing. 51066-A I Is this entire contract Confidential? *Yes ❑ No 9 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: February 21, 2022 If different from the approval date. Expiration Date: February 20, 2027 If applicable. Is a 1295 Form required? * Yes ❑ No 0 *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: 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. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/20/2018 DATE: Tuesday, February 20, 2018 REFERENCE NO.: **P-12156 LOG NAME: 13P17-0282 DISASTER DEBRIS MONITORING SVCS DG CODE SUBJECT: Authorize Non -Exclusive Standby Contracts with DebrisTech, LLC, Tetra Tech, Inc., and Thompson Consulting Services, LLC for Disaster Debris Monitoring Services in the Event that a Natural or Man-made Disaster Should Occur for the Code Compliance Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize entering into non-exclusive four-year Standby Contracts with Debris Tech, LLC, Tetra Tech, Inc., and Thompson Consulting Services, LLC for disaster debris monitoring services in the event that a natural or man-made disaster should occur. DISCUSSION: In the event of a disaster event in which debris is created, the City must have the ability to remove disaster debris in accordance with the City's Disaster Debris Management Plan. The city provides this service by contracting with different contractors. Because the laws and regulations are so voluminous and complex, the City must have a debris monitoring service to monitor the contractors who remove, haul and dispose of disaster debris. The Debris Monitoring contracts allows the city to seek reimbursement from the Federal Emergency Management Agency (FEMA) because the City is able to prove that all debris has been handled according to State, Federal and Local Laws and Regulations. In order to have Debris Monitoring Contractors available, the Code Compliance Division requested the Purchasing Division assist in soliciting Debris Monitoring Contractors who would be interested in entering into a Standby Contracts. The Standby Contracts would be utilized by the City of Fort Worth's Solid Waste Services Division, of the Code Compliance Department, Emergency Management Office, Park and Recreation Department, Transportation and Public Works Department and the Water Department. The purpose of these standby contracts is to increase efficiency and to establish prices prior to an disaster occurring. The prices attached will be the prices the vendors will be able to charge the City in the event that their services are needed. Since the Contract will be based upon whether a disaster event occurs, the Contract will provide that the city is not guaranteeing to purchase any specific amount of services. In the event a disaster occurs, the City will request each vendor to provide an estimated cost, availability and Vendor's proximity to the designated work site(s). Any expenditures under the Contract will only occur with prior approval by the Council or the City Manager, as appropriate. The Purchasing Division issued a Request for Proposals (RFP) for a Standby Contract for Debris Monitoring Contractors. The Request for Proposals (RFP) was advertised in the Fort Worth Star - Telegram on April 19, 2017, April 26, 2017, May 3, 2017, May 10, 2017 and May 17, 2017. One -hundred and five Vendors were solicited from the purchasing database system; four responses were received. Code Compliance Department staff evaluated the proposals submitted, and concluded that Debris Tech, Logname: 13P17-0282 DISASTER DEBRIS MONITORING SVCS DG CODE Page 1 of 2 LLC, Tetra Tech, Inc., and Thompson Consulting Services, LLC presented the best value to the City. The Contractors demonstrated the capacity and ability to rapidly mobilize and respond to potential wide -scale debris volumes, as generated by hurricanes, tornadoes and ice storms. Therefore, staff recommends entering into Non -Exclusive Contracts with Debris Tech, LLC, Tetra Tech, Inc., and Thompson Consulting Services, LLC. PRICE ANALYSIS - There is no purchase history to allow comparison of current proposed price. Code Compliance Department Staff has reviewed the proposals and determined the firms to have the financial and bonding capacity to provide the services and the prices to be fair and reasonable for the industry. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERM - Upon City Council approval, the Agreements shall commence on February 21, 2018 shall expire on February 20, 2022. RENEWAL OPTIONS - This Agreement may be renewed for one additional five-year term by mutual Agreement of the parties. 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. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that should a disaster occur, funds will be appropriated to cover the costs of a debris removal program. Should the services provided under these contracts be requested outside of a disaster, funds are available within the existing appropriations of the Code Compliance Department. Prior to an expense / expenditures being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\17-0282\DG FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project ctivity Budget Reference # moun ID JProgram ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Aaron Bovos (8517) Cynthia B. Garcia (8525) Darian Gavin (2057) Logname: 13P17-0282 DISASTER DEBRIS MONITORING SVCS DG CODE Page 2 of 2