HomeMy WebLinkAboutContract 56916-A1 (2)56916-Al
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 56916
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), and Herc Rentals, Inc. ("Vendor"). City and Vendor may be referred to individually
as a Party and collectively as the Parties.
WHEREAS, on November 16, 2021, the Parties entered into City Secretary Contract
56916 for the Vendor to provide equipment rental and related services ("Agreement/Contract");
WHEREAS, the Parties wish to amend the Agreement to increase the total compensation
amount allowed under the Agreement by $458,542.00 as authorized by Mayor and Council
Communication No. 24-0107 (February 13, 2024).
NOW, THEREFORE, the Parties, acting herein through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
The Compensation provision of the Agreement. Paragraph 2 on page 2 of the Agreement,
shall be deleted in its entiretv and replaced with the following:
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance
with the provisions of this Agreement. Total payment made under this Agreement shall not exceed
Four Hundred Fifty -Eight Thousand Five Hundred Forty -Two Dollars ($458,542.00). Vendor
shall not provide any additional items or 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 shall not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing.
2.
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.
3.
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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Name: Jesica McEachern
Title: Assistant City Manager
Date: Feb 26, 2024
APPROVAL RECOMMENDED:
By: Lauren Prieur (Feb23, 202413:14 CST)
Name: Lauren Prieur
Title: TPW Department Director
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By:
Name: Jannette Goodall
Title: City Secretary
Vendor: Herc Rentals, Inc
By:
Na : Jason Oosterbeek
Tit e. Vice President
Date: 2/22/2024
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.
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By:
Name: Lakeesha Dodson
Title: Sr. Administrative Asst
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jeremy Anato-Mensah
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0107
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/13/24 M&C FILE NUMBER: M&C 24-0107
LOG NAME: 13P AMEND CSCO 56916 EQUIP RENTAL AND RELATED PROD TPW CB
SUBJECT
(ALL) Authorize Execution of an Amendment to City Secretary Contract No. 56916 with Herc Rentals, Inc. for Equipment Rental and Related
Service to Increase the Annual Amount by $458,542.00 for a New Annual Amount Up to $1,033,542.00 Using Omnia Partners Cooperative
Contract No. 2019000318 for the Transportation and Public Works Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of an amendment to City Secretary contract no. 56916 with Herc Rentals, Inc. for
equipment rental and related service to increase the annual amount by $458,542.00 for a new annual amount up to $1,033,542.00 using Omnia
Partners cooperative contract no. 2019000318 for the Transportation and Public Works Department.
DISCUSSION:
On November 16, 2021, the City approved a contract with Herc Rentals using an Omnia Partners Cooperative Agreement for equipment rentals
and related products on an "as -needed" basis (M&C 20-0007). This agreement is utilized by all City Departments; however, the Transportation and
Public Works Department (TPW) requested an increase of $458,542.00 to the annual amount to accommodate increased demand on these
services. TPW requested that the Purchasing Division assist with amending the agreement to provide additional spending authority.
Approval of this Mayor and Council Communication authorizes the City to spend up to $1,033,542.00 per year with Herc Rentals for equipment
rentals and related services. Actual usage in any term can be up to the authorized amount and will be dependent upon actual appropriations for
this purpose in the department's budgets.
State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the
local government seek competitive bids for the purchase of the item. Omnia Partners Contract No. 2019000318 has been competitively bid to
increase and simplify the purchasing power of government entities. Omnia Partners Contract No. 2019000318 has a term through
October 31, 2024, with two one-year renewal options. The Request for Proposal was published on May 22, 2018, and responses were opened on
June 26, 2018. Staff reviewed the pricing and determined it to be fair and reasonable.
ADMINISTRATIVE CHANGE ORDERS - 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.
RENEWAL OPTIONS — The initial term of this Agreement will end on October 31, 2024, with two one-year options to renew so long as the
underlying coop is renewed. This action does not require specific City Council approval provided that City Council has appropriated sufficient
funds to satisfy the City's obligations during the renewal terms. Staff anticipates that the costs for renewal years shall remain approximately the
same as the initial year.
A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity.
Funding is budgeted in the General Fund and Stormwater Utility Fund.
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously
appropriated, of the General Fund and the Stormwater Utility Fund. Prior to an expenditure being incurred, the Transportation and Public Works
Department has the responsibility to validate the availability of funds.
Submitted for City Manaaer's Office bv: Reginald Zeno 8517
William Johnson 5806
Oriainatina Business Unit Head: Reginald Zeno 8517
Lauren Prieur 6035
Additional Information Contact: Jo Ann Gunn 8525
Charles Benson 8063