HomeMy WebLinkAboutContract 29340 * s
STATE OF TEXAS CITY SE CTpr4RY
COUNTY OF TARRANT t!O
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 28217
THIS Contract Amendment is entered into by and between the City of Fort Worth
("City"), a home-rule municipality in the State of Texas, acting through Libby Watson,
its duly authorized Assistant City Manager, and Toter, Incorporated, a North Carolina
corporation registered in the State of Texas ("Toter"), by and through Larry Boppe, its
duly authorized President.
WHEREAS, the City and Toter, Incorporated have entered into that certain agreement
identified as City Secretary Contract No. 28217 for the sale, delivering, and
maintenance of garbage and recycling carts (hereinafter the "Contract") for a period of
ten (10) years ending March 31, 2013; and
WHEREAS, section 12 of the Contract provide that all contract modifications shall be
by written amendment executed by both parties; and
WHEREAS, the City wishes to provide citizens with the option of purchasing Yard
Carts for the collection of yard waste; and
WHEREAS, the City Council authorized the City Manager to execute an amendment
to the Contract to provide for Yard Carts by Toter, Incorporated through M&C
C19836;
WHEREAS, it is the mutual desire of the parties to amend said City Secretary
Contract No. 28217;
NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH:
Toter, Incorporated shall provide (96) gallon Yard Waste Carts to the City of
Fort Worth in lots of seven hundred and twenty (720), for a price of twenty-seven
thousand two hundred fifty-nine dollars and twenty cents ($27, 259,20). The cost per
Cart is thirty-seven dollars and eighty-six cents ($37.86)*. The not-to-exceed cost for
this contract amendment shall be five hundred seventy-five thousand dollars and no
cents ($575,000.00). Each Yard Waste Cart shall be Kelly Green #0920 in color and
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A MENDMENT TO CITY SECRETARY —-
CONTRACT NO.28217
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shall be hot stamped in white letters with the words "Yard Cart". All other
specifications of the Carts, such as serial numbering, shall be the same as
identified in the Contract, including the MWBE participation requirement of 5%.
(*These figures are F.O.B. Fort Worth, Texas.) Delivery of the Cart shall be made by
Toter within approximately four (4) weeks of Toter receiving the City's order.
Payment for yard carts shall be made in net ninety (90) days in order to allow
residents to remit payment for the Carts to the City. However, the City shall remit
payment of all Yard Waste Cart invoices to Toter within ninety (90) days,
notwithstanding payment by the resident.
Also, the City shall pay five dollars ($5.00) per Yard Cart for assembly and
delivery. Thereafter, the monthly maintenance rate per Yard Cart shall be the same as
for the garbage and recycling carts as specified in the Contract.
ALL OTHER TERMS AND CONDITIONS OF CITY SECRETARY
CONTRACT NO. 28217 REMAIN IN FULL FORCE AND EFFECT.
Executed this > day ofk "I � , 2003.
CIT F FORT TH TOTER,INCORPORATED
L' by Wats Larry oppe
Assistant City Manager President
Approved for Form and Legality: Witness: n
0JW- R
AssistaRt City Attey ame:
A t: Corporate Seal:
l
Gloria Pe son
City Secretary
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— AMENDMENT TO CITY SECRETARY 64—.
CONTRACT NO.28217 �C kk I 'PREC0
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Contract Authorization
Date
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/28/2003 - Ordinance # 15731
DATE: Tuesday, October 28, 2003
LOG NAME: 52YARDCARTS REFERENCE NO.: **C-19836
SUBJECT:
Approval of Supplemental Appropriation and Authorization to Amend City Secretary Contract No.
28217 with Toter, Inc. to Sell, Deliver and Finance Yard Carts
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations and estimated
receipts from available funds in the Solid Waste Fund (PE64) in the amount of$575,000; and
2. Authorize the City Manager to negotiate and execute a contract amendment to City Secretary Contract
No. 28217 with Toter, Inc. for the sale, delivery and financing of yard carts to begin October 1, 2003,
through September 30, 2013.
DISCUSSION:
On July 2, 2002, the City received proposals for the purchase of carts from various vendors. Toter, Inc. was
awarded the contract. Subsequently, it was decided that yard carts should be offered to citizens who wish
to purchase (at a price of$50.00) and use them. The initial phase of yard cart orders from citizens began in
July 2003. Toter, Inc. will begin delivery of these carts in November 2003. After the initial phase, citizens
may continue to order yard carts on an as-needed basis. Yard cart inventories will be replenished as
needed. Toter, Inc. will finance the cart purchase, and the City will pay for the carts delivered after payment
is received from the citizen.
M/ BE - Toter, Inc. is in compliance with the City's M/WBE Ordinance by committing to 5% M/ BE
participation on the original contract and this amendment.
Pursuant to the attached amendment to City Secretary Contract 28217, the City will order yard carts in lots
of approximately 720 as demand dictates. Orders/pre-orders will be taken from citizens for carts to ensure
demand before an order is placed. Citizens will be billed for the yard carts on their monthly water
bill. Invoices from Toter, Inc.will be paid after receipt of payment from citizens for billing of the yard carts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached supplemental appropriation ordinance,
funds will be available in the current operating budget, as appropriated, of the Solid Waste Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 539120 0525006 $575000.00
PE64 464022 0525001_ V75 000:00
Logname: 52YARDCARTS Pagel of 2
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner(8079)
Additional Information Contact: Kim Mote (392-5153)
Logname: 52YARDCARTS Page 2 of 2