HomeMy WebLinkAboutContract 56916-A3CSC No. 56916-A3
AMENDMENT NO. 3
TO
CITY OF FORT WORTH CONTRACT 56916
This Amendment is entered into by and between the City of Fort Worth (hereafter
'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and Herc Rentals Inc. ("Vendor"), Buyer 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 rental equipment services (" Agreement");
WHEREAS, the Parties previously amended the Agreement to increase the
contract compensation amount by $ 100, 000. 00 for a new total not to exceed annual amount of
$300, 000. 00;
WHEREAS, the City and Vendor previously renewed the Agreement for a one-year
period effective November 1, 2022 and expiring on October 31, 2023 (" First Renewal Term");
WHEREAS, the Parties most recently amended the Agreement to update the equipment
list and pricing schedule in Exhibit B;
WHEREAS, the Parties now wish to amend the Agreement to increase the contract
compensation amount by $275,000.00 for a new total not to exceed annual amount of $575,000.00,
as authorized by City Council on April 11, 2023 (M&C 23-0258).
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
The Contract is hereby amended as follows:
Total payment under this contract, on an annual basis, shall not exceed
$575,000.00.
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:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By:
will Johnson (M 3, 2023 07:16 CDT)
of this contract, including ensuring all
performance and reporting requirements.
Name: William Johnson
Title: Assistant City Manager
May 3, 2023
Date:
Saaxccc�e.L C�caat
By:
Name: Brandon Callicoat
APPROVAL RECOMMENDED:
Title: TPW Superintendent
APPROVED AS TO FORM AND LEGALITY:
By:
Lauren Prieur (Apr 27, 2023 06:38 CDT)
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Name: Lauren Prieur
Title: TPW Director
By:
Name: Jessika Williams
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ATTEST: of FORrk°c
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Title: Assistant City Attorney
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CONTRACT AUTHORIZATION:
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M&C: 23-0258
By:
1295:2023-989536
Name: Jannette Goodall
Title: City Secretary
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Herc Rentals Inc.
By:—
N Ae: Jason Oosterbeek
itle: Vice President
Date: April 26, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/11/23 M&C FILE NUMBER: M&C 23-0258
LOG NAME: 13P AMEND COOP OP 2019000318 EQUIPMENT RENTALS TPW CB
SUBJECT
(ALL) Authorize Amendment to City Secretary Contract No. 56916 with Herc Rentals Inc. for Rental Equipment to Increase the Annual Spending
Authority by $275,000.00 for a New Annual Amount Up to $575,000.00, for the Transportation and Public Works Department Using a Cooperative
Contract
RECOMMENDATION:
It is recommended that the City Council authorize execution of an amendment to City Secretary Contract No. 56916 with Herc Rentals Inc. for rental
equipment to increase the annual spending authority by $275,000.00 for a new annual amount up to $575,000.00, using Omnia Partners
Cooperative Contract 2019000318 for the Transportation and Public Works Department.
DISCUSSION:
The Transportation and Public Works Department (TPW) requested that the Purchasing Division assist with amending City Secretary Contract No,
56916 (Agreement) with Herc Rentals Inc., using Omnia Partners Cooperative Contract 2019000318 to increase the annual amount by
$275,000.00 for a new annual amount up to $575.000.00.
On November 16, 2021, the City entered into the Agreement for rental equipment with an annual spend amount of $100,000.00 using Omnia
Partners Cooperative Contract 2019000318. On January 14, 2020, the City Council approved Mayor & Council Communication (M&C) 20-0007
which authorized an increase to the Agreement's annual spending authority from $100,000.00 to $200,000.00 for use by multiple City
departments.On June 30, 2022, Amendment No. 1 was administratively executed to increase the Agreement's annual spending authority to
$300,000.00, as allowed by state law and the City Code. TPW is now in need of an additional $275,000.00 on the contract to meet current needs.
The increase will be used to rent bucket trucks and aerial boom lifts to safely lift workers and/or equipment as required to perform tasks.
Omnia Partners Contract No. 2019000318 has a term through October 31, 2023. The Request for Offer for Omnia Partners Contract No.
2019000318 was published on May 22, 2018, and responses were opened on June 26, 2018. Omnia Partners contracts offer fixed discounts.
Staff reviewed the pricing and determined it to be fair and reasonable. Omnia Partners was previously known as U.S. Communities, but the
contract was not impacted when the cooperative's name changed.
This amount is budgeted in various TPW departments in the General Fund, various TPW departments in the Stormwater Utility Fund and the
General Capital Projects Fund for the FY 23 PayGo SI Arterials project.
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 purchase of the item. Omnia Partners contracts are competitively bid to increase and simplify the
purchasing power of government entities across the State of Texas.
ADMINISTRATIVE CHANGE ORDERS - In addition, 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.
RENEWAL OPTIONS — The Agreement may be renewed in accordance with the terms and conditions of Omnia Partners Contract No.
2019000318, which has an initial term through October 31, 2023, with options to renew for two additional two-year periods through October 31,
2027.
A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital and operating budgets, as previously appropriated, in the General
Capital Projects Fund for the FY 23 PayGo SL Arterials project and in the General Fund and Stormwater Utility Fund to support the approval of the
above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Transportation and Public Works
Department has the responsibility to validate the availability of funds.