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Home My WebLink AboutContract 28217-A4 CITY SECRETARY G� CONTRACT NO. 0O 9 1 STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTIES OF TARRANT, DENTON § AND WISE § FOURTH AMENDMENT TO THE CONTRACT TO SELL, DELIVER AND MAINTAIN RECYCLING AND GARBAGE CARTS This "FOURTH AMENDMENT TO THE CONTRACT TO SELL, DELIVER AND MAINTAIN RECYCLING AND GARBAGE CARTS" (this "Fourth Amendment") is entered into as of the 1I�" day of , 2010, by and between THE CITY OF FORT WORTH, TEXAS, a home rule municipal corporation in Tarrant County, Texas, acting herein by and through its Assistant City Manager, Fernando Costa ("City") and Toter, Incorporated, a North Carolina corporation registered in the State of Texas, acting by and through its duly authorized -Preside4IVice President Laura P. Gates ("Toter"). WITNESSETH: WHEREAS, the City and Toter have heretofore entered into a certain "CONTRACT TO SELL, DELIVER AND MAINTAIN RECYCLING AND GARBAGE CARTS" (the "Contract"), known as City Secretary Contract No. 28217 and dated November 20, 2002, pursuant to the terms of that certain Request For Proposals DEMO 02-02:CART, issued by the City(the"RFP"); and WHEREAS, the Contract was amended by City Secretary Contract No. 29340 on December 3, 2003 to include the provision of Yardwaste Carts to the City under the terms of the Contract and Amendment; WHEREAS, the Contract was amended by City Secretary Contract No. 29555 on February 14, 2004 to allow the City to acquire additional carts; and WHEREAS, the Contract, was amended by City Secretary Contract No. 33212 on February 1, 2010 to allow for a one time price adjustment and the elimination of the not-to- exceed amount in the contract; and WHEREAS, the City wishes to promote the City's recycling program to its citizens in an effort to achieve compliance by hot stamping instructions on the lid of the carts; and WHEREAS, the City and Toter agree to amend the Contract to provide for a increase to the purchase price of each Cart to allow for the hot stamped instructions to be placed by Toter on the lid of each Cart. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the rzn allnd of which are hereby acknowledged and confessed, the parties hereto agr'eC�ia�sIRECORD CITY SECRETARY FOURTH AMENDMENT TO CONTRACT FT. WORTH TX CRR012610v2 Page 1 I. Price Adiustment. The parties agree that the Contract purchase price, as amended, of each Garbage Carts, Recycling Carts and Yardwaste Carts shall increase by $0.25 (twenty-five cents) effective the date this Contract is fully executed. 2. Hot Stamp. The parties agree that the City may designate, no more than annually, an inscription for the hot stamp to be placed on the new and replaced Cart lids. The hot stamp shall be placed on the Cart lid in a manner that is legible and easily seen by the average person. The City may request the specific location of the Hot Stamp on the Cart lid and such request shall not be unreasonably denied. In addition to the purchase price of the Cart as amended above, Toter may charge a $300 (three hundred dollar) set up fee for such hot stamp per type of Cart lid, i.e. Garbage Cart and Recycling Cart each time the hot stamp inscription is changed by the City. 3. Lid Maintenance in 2010. Toter agrees that it shall place such hot stamp on all replacement Cart lids subject to maintenance pursuant to the Contract in year 2010, which is estimated to be 150,000 lids. Such cost for placement of the hot stamp shall be $0.25 (twenty- five cents) for each replacement Cart lid. 4. Effective Date. This Fourth Amendment shall become effective upon full and complete signature by both parties. 5. Miscellaneous.Nothing contained herein shall be deemed to amend or modify the Contract, except as expressly set forth herein. Any defined term used herein, but not defined herein, shall have that meaning set forth in the Contract. IN WITNESS WHEREOF, this Fourth Amendment has been executed on 0*bbCr 11 , 2010. TOTER: TOTER,INC. By Laura P. Gates Its: ice Preside ontract Management CITY: CITY OF FO T WORTH, TEXAS Fernando Costa Assistant City Ma ager Date Signed: 10 I ATTEST: OFFICIAL RECORD CITY SECRETARY FT. WORTH TX FOURTH AMENDMENT TO CONTRACT CRR012610v2 Page 2 ,0�4'1Z�1�� , A pjf�Fl��u°��o� ° ° ntract Authorizatioa o° d Marty Hend �� °°o o°is I_. City Secretary � AY a ;►°ApoO°"° f �3 � APPROVED AS TO FORM AND LEGALITY: Christa R. Re molds (� Assistant City Attorney FOURTH AMENDMENT TO CONTRACT CRR012610v2 Page 3 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT H COUNCIL ACTION: Approved on 9/14/2010 DATE: 9/14/2010 REFERENCE NO.: **C-24432 LOG NAME: 52TOTER AMENDEMENT#4 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment Number 4 to City Secretary Contract No. 28217 with Toter, Inc., for the Inclusion of Hot Stamp Instructions on Garbage, Recycle and Yard Cart Lids Not to Exceed an Amount of$43,305.00 for Fiscal Year 2010 RECOMMENDATION: It is recommended that the City Council authorize Amendment Number 4 to City Secretary Contract No. 28217 with Toter, Inc. for the inclusion of hot stamped instructions and program guide directions on the garbage, recycle and yard cart lids not to exceed an amount of$43,305.00 for Fiscal Year 2010. DISCUSSION: Toter, Inc. was awarded City Secretary Contract Number 28217 to provide garbage and recycling carts for solid waste services on November 5, 2002, (M&C C-19336). The contract was subsequently amended on October 28, 2003, (M&C C-19836, CS No. 29340) to include the provision of yard waste carts. The contract was amended on January 20, 2004, (M&C C-19942, CS No. 29555) for the purchase of additional garbage and recycling carts due to increased demand for service. Amendment Number 3 was approved on January 19, 2006 (M&C C-21259, CS No. 33212) for granting a one time per cart price increase and establishing a Cost Adjustment Method for all future price increases beginning October 1, 2006. The warranty included in the current contract requires the contractor to maintain, repair, and replace all cart failures as needed. Amendment Number 4 will allow the City to add specific education language and/or images to the replacement lids and to the lids of all future carts purchased under this contract. The Environmental Management Department seeks to further educate residents in proper cart set out by: 1. Providing printed recycling information and images on recycling cart lids to help residents identify proper items and assist in preparing recyclables for collection. 2. Providing printed information and images on garbage cart lids to assist residents with the preparation of household garbage and rubbish for collection. 3. Providing printed information and images on yard waste cart lids to inform residents what material is acceptable and assist in preparing yard waste carts for collection. 4. Providing a means to allow for updates to the lids as educational requirements change. Toter, Inc. will charge an additional $0.25 per lid for the imprinting along with a set-up fee of$300.00 for each type of cart and for each time the hot stamp imprint is changed by the City of Fort Worth. The Environmental Management Department anticipates ordering 20,820 new carts in Fiscal Year 2010 along with 150,000 replacement lids. The total cost associated with the imprinting of education http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13833&councildate=9/14/2010 10/6/2010 M&C Review Page 2 of 2 materials on the lids is estimated at $43,305.00 for Fiscal Year 2010. This cost will be offset by the education payments received by the Solid Waste Collection Contractor and the Recycle Processing Contractor. Costs for imprinting lids in future fiscal years will vary depending on quantity of replacement lids and new carts ordered. This amendment will become effective upon full and complete signatures by both parties. Toter, Inc., is in compliance with the City's M/WBE Ordinance by committing to an overall five percent M/WBE participation on the original contract, subsequent amendments and inclusive of the work performed on this Amendment No. 4. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Solid Waste Fund. TO Fund/Account/Centers FROM Fund/AccountlCenters PE64 524010 0525002 $43,305.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Kim Mote (5153) ATTACHMENTS http://apps.cfwnet.org/council packet/mc review.asp?ID=13833&councildate=9/14/2010 10/6/2010