HomeMy WebLinkAboutContract 56916-A5R3Fifth Amendment and Third Renewal of CSC 56916 Page 1 of 3
FIFTH AMENDMENT AND THIRD RENEWAL OF
CITY SECRETARY CONTRACT NO. 56916
This FIFTH AMENDMENT AND THIRD RENEWAL (Fifth Amendment and Third
Renewal ) is made and entered into by and between the CITY OF FORT WORTH , a home-
rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City
Manager, and HERC RENTALS INC. (Vendor ), a Delaware for-profit company, acting by and
through its duly authorized representative. The City and Vendor may be referred to herein individually
WHEREAS, effective November 16, 2021, the City and Vendor entered into a Cooperative
Purchase Agreement for the purchase of equipment rentals for an annual amount not to exceed
$200,000.00, 56916
WHEREAS, the Agreement provides for four (4) optional one-year renewal terms (each a
WHEREAS, on June 30, 2022, the Parties amended the Agreement to increase the contract
amount to an amount not to exceed $300,000.00;
WHEREAS, effective November 1, 2022, the Parties exercised the First Renewal Term;
WHEREAS, on February 10, 2023, the Parties amended the Agreement to provide an updated
equipment list and pricing schedule;
WHEREAS, on May 3, 2023; the Parties amended the Agreement to increase the contract
amount to an amount not to exceed $575,000.00, as authorized by M&C 23-0258;
WHEREAS, effective November 1, 2023, the Parties exercised the Second Renewal Term;
WHEREAS, on February 26, 2024, the Parties amended the Agreement to increase the annual
contract amount by $458,542.00;
WHEREAS, the Second Renewal Term expired on October 31, 2024, and it is the collective
desire of the Parties to renew this Agreement through the Third Renewal Term; and
WHEREAS, consistent with M&C 24-0107, the Parties wish to clarify with this Fifth
Amendment and Third Renewal that the contract amount during this Third Renewal Term will be for an
amount not to exceed $1,033,542.00;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the City and Vendor agree to renew and amend the Agreement as follows:
I.
The City and Vendor hereby agree to renew the Agreement for a one-year period effective
beginning on November 1, 2024, and expiring on October 31, 2025 Third
Fifth Amendment and Third Renewal of CSC 56916 Page 2 of 3
II.
Consistent with M&C 24-0107, and in order to clarify the language of the previous February 26,
2024, amendment to the contract amount, the City and Vendor hereby agree and understand by this Fifth
Amendment that the not-to-exceed amount of the contract during the Third Renewal Term will be
$1,033,542.00.
III.
1. All terms and conditions of the Agreement that are not expressly amended pursuant to
this Fifth Amendment and Third Renewal shall remain in full force and effect.
2. All terms in this Fifth Amendment and Third Renewal that are capitalized but not
defined herein shall have the same meanings assigned to them in the Agreement.
(signature page follows)
Fifth Amendment and Third Renewal of CSC 56916 Page 3 of 3
IN WITNESS WHEREOF, the Parties hereto have executed this Fifth Amendment and
Third Renewal in multiples.
City:
By: ___________________________
Name: Jesica McEachern
Title: Assistant City Manager
Date: ___________________________
Vendor:
FOR THE CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: ______________________________
Name: Richard Zavala
Title: Director
Park & Recreation Department
By: ______________________________
Name: Kyle McClure
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
By: ______________________________
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C:24-0107
Form 1295: 2024-1107596
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.
By:
_____________________________
Name: Sharetta Goodwin
Title: District Superintendent
Park & Recreation Department
City Secretary:
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:2/13/2024 REFERENCE
NO.:
**M&C 24-
0107 LOG NAME:
13P AMEND CSCO 56916
EQUIP RENTAL AND
RELATED PROD TPW CB
CODE:P TYPE:CONSENT PUBLIC
HEARING:NO
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 departments 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.
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
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.
BQN\\
TO
FROM
Submitted for City Manager's Office by:Reginald Zeno (8517)
William Johnson (5806)
Originating Department Head:Reginald Zeno (8517)
Lauren Prieur (6035)
Additional Information Contact:Jo Ann Gunn (8525)
Charles Benson (8063)
ATTACHMENTS
13PAMEND COOP OP2019000318 EQUIP RENTAL AND RELATED PROD TPW CB funds availability.pdf (CFW
Internal)
FID_Table_-_HERC_Rentals.xlsx (CFW Internal)
Form 1295 Certificate 101145006.pdf (CFW Internal)
Herc Rentals SAMs.pdf (CFW Internal)
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