Contract 2023-021ADocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
AGREEMENT No. 2023-021
RENTALS AND RELATED PRODUCTS AND SERVICES
THIS AGREEMENT, is made and entered into this 6th day of February 2023, by and between the
CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida
whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"),
and HERC RENTALS INC., whose address is: 27500 Riverview Center Blvd., Bonita Springs, FL
34134, (hereinafter referred to as "CONTRACTOR").
WHEREAS, OMNIA through the public procurement process awarded an Agreement for, Rentals
and Related Products and Services Contract Number 2019000318;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and
conditions of the OMNIA Contract Number 2019000318;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
SCOPE OF WORK
The CONTRACTOR shall furnish rental equipment and related products and services as described
in the OMNIA Contract Number 2019000318, which is attached hereto and incorporated herein as
Exhibit "A" and shall perform everything required by this Agreement and the other exhibits
attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire
any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To
the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this
Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and
ordinances shall apply.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until October 31, 2025 unless terminated or renewed by OMNIA.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
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Piggyback Agreement
Rentals and Related Products and Services
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2)
additional two (2) year terms.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in OMNIA Contract Number 2019000318 or in
the specific purchase order or authorized order submitted by CITY. Nothing herein shall
obligate CITY to purchase any specific amount of product from CONTRACTOR or
create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall
not be obligated or required to pay for any items received until such time as CITY has
accepted the items in accordance with the order provided to CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it
has an issue or question related to the fulfillment of the order or whether there will be any
delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will
preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option
cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
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Rentals and Related Products and Services
5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed product delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to voluntary arbitration or the
institution of legal or equitable proceedings by either party.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Clermont, Lake County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
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B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to
provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
A. CONTRACTOR:
Herc Rentals Inc.
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Piggyback Agreement
Rentals and Related Products and Services
Attn: Jason Oosterbeek
7500 Riverview Center Blvd., Bonita Springs, FL 34134
A. OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. Attorneys' Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys' fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by city of breach of any provision of this Agreement shall not be construed or operate
as a waiver of any subsequent breach of such provision or of such provision itself and shall in no
way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement including the documents incorporated by reference contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party's assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
city.
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9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
Contractor expressly understands records associated with this project are public records and agrees
to comply with Florida's Public Records law, to include, to:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
this Florida's Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. CONTRACTOR shall use reasonable efforts to
provide all records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR
SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY
CLERK'S OFFICE, (352) 241-7331.
10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
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Rentals and Related Products and Services
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the OMNIA Contract Number 2019000318.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 6th day of
February 2023.
CITY OF CLERMONT
DocuSigned by:
Tim Murry, Mayor DS
ATTEST:
DocuSigned by:
T 44Gy AGl",*yd Root
ADTFa4-905BB3 "...
Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
HERC RENTALS INC.
By:5DcuSigned by:
660w, Nsft yV (,&
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Print Name: Jason Oosterbeek
Title:yP
Date:2/16/2023
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract NO. 2019000318
Vendor No_ 20941
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT TO PROVIDE EQUIPMENT
RENTALS AND RELATED PRODUCTS AND SERVICES
This Contract (the "Contract") is entered into as of this 1 st day of �, aW (the
"Effective Date"), by and between Here Rentals Inc., a corporation doing business in North
Carolina (the
"Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City")
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP # 269-2018-047) for
Equipment Rentals and Related Products and Services dated May 22, 2018. This Request
for Proposals together with all attachments and addenda, is referred to herein as the "RFP"; and
WHEREAS, the Company submitted a Proposal in response to RFP 4 269-2018-047 on June
26, 2018. This Proposal, together with all attachments and separately sealed confidential
trade secrets, is referred to herein as the "Proposal."
WHEREAS, the City awarded this Contract on September 24, 2018 to Company to
provide Equipment Rentals and Related Products and Services to the City all in accordance with
the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments,
school districts, and higher education institutions in the United States of America, and other
government agencies and nonprofit organizations (herein "Participating Public Agencies"),
competitively solicited and awarded the Contract to the Company. The City has designated
U.S. Communities as the administrative and marketing conduit for the distribution of the
Contract to Participating Public Agencies,
The City is acting as the "Contracting Agent" for the Participating Public Agencies, and shall
not be liable or responsible for any costs, damages, liability or other obligations incurred by
the Participating Public Agencies. The Company (including its subsidiaries) shall deal
directly with each PPA concerning the placement of orders, issuance of purchase orders,
contractual disputes, invoicing, payment and all other matters relating or referring to such
PPA's access to the Contract.
Each PPA enters into a Master Intergovernmental Cooperative Purchasing Agreement
(MICPA) outlining the terms and conditions that allow access to the Lead Public
Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the PPA
shall be construed to be in accordance with, and governed by, the laws of the state in which the
PPA resides.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and in further consideration of the covenants and
representations contained herein, the parties agree as follows:
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Contract N0, 20190003 18
Vendor No. 20941
CONTRACT
1. EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In
interpreting this Contract and resolving any ambiguities, the main body of this Contract will
take precedence over the Exhibits, and any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below. Each reference to Here Rentals in
the Exhibits and Appendices shall be deemed to mean the Company.
1.1. EXHIBIT A: Discount Schedule, Price Lists, and Incentives
1.2, EXHIBIT B: Scope of Services
1.3. EXHIBIT C: Charlotte Business INClusion Program
1.4. EXHIBIT D: Federal Contract Terms and Conditions
2. DEFINITIONS.
This section may include, but not be limited to, terms defined in Section 1 of the RFP.
3. TERM. The initial term of this Contract will be for rive (S) years from the Effective Date
with an option to renew for two (2) additional two-year terms. This Contract may be
extended only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms
and conditions set forth in this Contract and the attached Exhibits when ordered
from time to time by the City. Except as set forth in Exhibit A, the prices set forth
in Exhibit A constitute all not to exceed charges payable by the City for the
Products and Services, and all labor, materials, equipment, transportation, facilities,
storage, information technology, permits, and licenses necessary for the Company
to provide the Products and Services. The Company shall perform any Services for
the City on site at the City's facilities in Charlotte, North Carolina, except as
otherwise stated in this Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City
on an as needed basis for the quantity required at the time during the term of the
Contract.
S. OPTIONS AND ACCESSORIES: The City may in its discretion purchase from the
Company options and Services beyond what is called for in the Scope of Work, provided
that such purchase does not create unfairness so as to defeat the purpose of the bid statutes,
and provided the City is authorized by law to make such purchases without a formal bid
process.
b. DOCUMENTATION: the Company will provide for all products purchased under this
contract written or electronic documentation that is complete and accurate, and sufficient to
enable city employees with ordinary skills and experience to utilize such products for the
purpose for which the city is acquiring them.
7. COMPENSATION. The City shall pay the company for the products and services
delivered in compliance with the specifications at the prices set forth in Exhibit A. This
amount constitutes the maximum fees and charges payable to the company in the aggregate
under this contract and will not be increased except by a written amendment duly executed
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Contract NO. 2019000318
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by both parties in compliance with the price adjustment provisions set forth in Section 8.
The company shall not be entitled to charge the city any prices, fees or other amounts that
are not listed in Exhibit A.
S. PRICE ADJUSTMENT.
8.1 The price(s) stated in this Contract shall not increase for the first year of the five-year
term of the Contract. The prices shall also not increase during the two, two-year
renewal option terms unless the City approves a price adjustment in writing in
accordance with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City's sole
discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compensate the Company for inefficiency in
operation, increase in labor costs, or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written
request to the Procurement Management Division representative, at the
address listed below, together with written documentation sufficient to
demonstrate that the increase is necessary based on a legitimate increase in
the cost of materials. The request must state and fully justify the proposed
price increase per unit over the price originally proposed.
City of Charlotte
Finance - Procurement Management
600 East Fourth Street
Charlotte, NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in
writing. The City may approve such price increase for the remaining term of
the Contract or for a shorter specified period, in the City's sole discretion. If
the City rejects such price increase, the Company shall continue performance
of the Contract.
8.1.4 If the City approves a price increase pursuant to this Section and the market
factors justifying the increase shift so that the increase is no longer justified,
the City shall have the right to terminate the price increase and revert back to
the prices that were in effect immediately prior to the increase. The
Company shall notify the City in writing if the market factors on which the
City granted the increase change such that the City's reasons for granting the
increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the
Company shall provide the affected Products and/or Services at the lower
discounted price. The Company will provide the City with prompt written notice of
all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the
Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items
should become discontinued or an upgraded item becomes available to the industry
market. Any new or replacement items added may be subject to bid statute
requirements. The City may also delete radio and communication equipment items
included in this Contract if items are no longer needed or no longer issued as part
of radios and communication equipment. At no additional cost to the City, the
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Contract NO.2019000318
Vendor No. 20941
Company may substitute any Product or Service to be provided by the Company, if
the substitute meets or exceeds the Specifications, is compatible with the City's
operating environment and is of equivalent or better quality to the City. Any
substitution will be reflected in a written signed change order.
9. BILLING. Each invoice sent by the Company shall include all reports, information and
data required by this Contract (including the Exhibits) necessary to entitle the Company to
the requested payment. The Company shall send one (1) copy only of each invoice using
one of the following options:
Option I — E-mail one copy of each invoice to cocap � ,charlottenc.gov . Company shall not
mail invoices that have been sent via e-mail.
Option 2 — Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State
and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of
the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month
covered by the invoice; and (c) any other information reasonably requested by the City to
verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company's
compliance with the terms and conditions of the Contract at such times as the City deems
appropriate. Unless the City elects to terminate the Contract, the Company shall develop a
written action plan to correct any Contract deficiency identified during these compliance
audits, and shall submit such plan to the City within thirty (30) days of notification of non-
compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and
expenditures as may be requested by the City from time to time, including without
limitation any reports described in the Specifications.
12. AUDIT: During the tern of the Contract and for a period of three (3) years after
termination or expiration of this Contract for any reason, the City shall have the right to
audit, either itself or through a third party, all books and records (including but not limited
to the technical records) and facilities of the Company necessary to evaluate Company's
compliance with the terms and conditions of the Contract or the City's payment
obligations. The City shall pay its own expenses, relating to such audits, but shall not have
to pay any expenses or additional costs of the Company. However, if non-compliance is
found that would have cost the City in excess of $5,000 but for the audit, then the Company
shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the
laws of the state of Florida, and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform
its obligations under this Contract;
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13.3 The execution, delivery, and performance of this Contract have been duly authorized
by Company;
13.4 No approval, authorization or consent of any governmental or regulatory authority is
required to be obtained or made by it in order for it to enter into and perform its
obligations under this Contract;
13.5 In connection with its obligations under this Contract, it shall comply with all
applicable federal, state and local laws and regulations and shall obtain all applicable
permits and licenses; and
13.6 The Company shall not violate any agreement with any third party by entering into or
performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents
warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this
Contract, including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this
Contract shall meet industry accepted standards, and shall be performed in a
professional and workmanlike manner by staff with the necessary skills, experience
and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract
will infringe or misappropriate any patent, copyright, trademark or trade secret rights
of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all
material respects with all applicable federal, state and local laws, regulations and
guidelines relating to the performance of this Contract or to the products and services
delivered hereunder, including but not limited to E-Verify, and shall obtain all
applicable verifications, permits, and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract
shall be in compliance with all applicable federal, state and local laws, regulations and
ordinances. In performing the Contract, the Company shall obtain and maintain all licenses
and permits, and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the ITB, (whether in the form of a
specific delivery date or maximum number of days for delivery) time is of the essence. The
Company's Bid shall be deemed a binding commitment of the Company to meet the
delivery time stated herein unless the Bid specifically takes exception. If such delivery
time is not met, the City shall be entitled to terminate the Contract immediately for default
and/or exercise any other remedies available at law or in equity.
17. QUALITY: Unless this Contract specifically states otherwise for a particular item, all
components used to manufacture or construct any supplies, materials or equipment or
Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best
quality and highest grade workmanship; and (d) in compliance with all applicable federal,
state and local laws, regulations and requirements. By "new", the City means that the item
has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws,
ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar
expressions, the requirements of such laws, ordinances, etc., shall be construed to be
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Contract N0, 2019000318
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minimum requirements that are in addition to any other requirements that may be stated in
this Contract.
18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services
shall meet the Specifications set forth in Section 4 of the RFP.
19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the
equipment, plant, store or other facilities of the Company during the Contract term from
time to time as the City deems necessary to confirm that such equipment, plant, store or
other facilities conform with the Specifications and are adequate and suitable for proper and
effective performance of the Contract. Such inspections shall be conducted during normal
business hours and upon at least three (3) days' notice to the Company (except that a store
may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling,
storage or shipment, without damage to the contents. The Company shall make
shipments using the minimum number of containers consistent with the
requirements of safe transit, available mode of transportation routing. The
Company will be responsible for confirming that packing is sufficient to assure that
all the materials arrive at the correct destination in an undamaged condition ready
for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number
and the name of the department making the purchase. Packing lists must be affixed
to each carton identifying all contents included in the carton. If more than one
carton is shipped, each carton must be numbered and must state the number of that
carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the ITB,
the City's purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products shall be deemed to be
accepted by the City upon delivery and subject to the terms and conditions of this Contract
if City does not notify Company in writing within 48 hours of delivery of the Products of
any problem with the Products. Contract shall remain the property of the Company until
the City physically inspects, actually uses and accepts the Products. In the event Products
provided to the City do not comply with the Contract, the City shall be entitled to terminate
the Contract upon written notice to the Company and return such Products (and any related
goods) to the Company at the Company's expense. In the event the Services provided
under this Contract do not comply with the Contract, the City reserves the right to cancel
the Service and rescind any related purchase of products upon written notice to the
Company. The remedies stated in this Section are in addition to and without limitation of
any other remedies that the City may have under the Contract, at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally
guarantees the materials and workmanship on all Products and Services. If, within the
guarantee period any defects occur due to a faulty Product or Services (including without
limitation a failure to comply with the Specifications), the Company at its expense, shall
repair or adjust the condition, or replace the Product and/or Services to the complete
satisfaction of the City. These repairs, replacements or adjustments shall be made only at
such time as will be designated by the City to ensure the least impact to the operation of
City business.
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23. NO LIENS: The equipment is owned by Company. City acknowledges that no one other
than Company may transfer the equipment or any rights or obligations under the rental
documentation. Neither City nor any operators are agents of Company. No one may
perform major service, repair, or alter the equipment without Company's prior written
approval except for emergencies, which threaten life or property. City will not suffer any
liens or encumbrances to attach to the equipment and will compensate the Company for any
out of pocket costs paid by the Company to remove such liens or encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer
shall advertise on Products delivered to the City without prior approval by the City.
25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the
Contract or the Company's response to the ITB, the City may tape any of the following
actions with or without terminating the Contract, and in addition to and without limiting
any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the
applicable Products and/or Services (or reasonable substitutes) from a third party.
26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the
Contract; the City shall have the right to withhold all payments due to the Company until
such breach has been fully cured.
27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and
equitable remedies to which it is entitled, The remedies set forth herein shall be deemed
cumulative and not exclusive and may be exercised successively or concurrently, in
addition to any other available remedy.
28. TERMINATION.
28.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any
time without cause by giving sixty (60) days written notice to the Company. The
Company may terminate this Contract at any time without cause by giving one
hundred and eighty (180) days written notice to the City.
28.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to
the other party, either party may terminate this Contract upon the occurrence of one
or more of the following events:
28.2.1 The other party violates or fails to perform any covenant, provision,
obligation, term or condition contained in this Contract, provided that, unless
otherwise stated in this Contract, such failure or violation shall not be cause
for termination if both of the following conditions are satisfied: (i) such
default is reasonably susceptible to cure; and (ii) the other party cures such
default within thirty (30) days of receipt of written notice of default from the
non --defaulting party; or
28.2.2 The other party attempts to assign, terminate or cancel this Contract contrary
to the terms hereof; or
28.2.3 The other party ceases to do business as a going concern, makes an
assignment for the benefit of creditors, admits in writing its inability to pay
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debts as they become due, files a petition in bankruptcy or has an involuntary
bankruptcy petition filed against it (except in connection with a
reorganization under which the business of such party is continued and
performance of all its obligations under this Contract shall continue), or if a
receiver, trustee or liquidator is appointed for it or any substantial part of
other party's assets or properties.
Any notice of default pursuant to this Section shall identify and state the
party's intent to terminate this Contract if the default is not cured within the
specified period.
28.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By
giving written notice to the Company, the City may also terminate this Contract upon
the occurrence of one or more of the following events (which shall each constitute
grounds for termination without a cure period and without the occurrence of any of
the other events of default previously listed):
28.3.1 The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information
in connection with this Contract, Company's Bid, or any covenant,
agreement, obligation, term or condition contained in this Contract; or
28.3.2 The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of this Contract, including but not
limited to failure to obtain or maintain the insurance policies and
endorsements as required by this Contract, or failure to provide the proof of
insurance as required by this Contract.
28.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of
the Contract shall not relieve the Company of the obligation to pay any fees, taxes or
other charges then due to the City, nor relieve the Company of the obligation to file
any daily, monthly, quarterly or annual reports covering the period to termination nor
relieve the Company from any claim for damages previously accrued or then
accruing against the Company.
28.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or
termination of this Contract, the Company shall promptly (a) return to the City all
computer programs, files, documentation, data, media, related material and any other
recording devices, information, or compact discs that are owned by the City; (b)
provide the City with sufficient data necessary to migrate to a new vendor, or allow
the City or a new vendor access to the systems, software, infrastructure, or processes
of the Company that are necessary to migrate to a new vendor; and (c) refund to the
City all pre -paid sums for Products or Services that have been cancelled and will not
be delivered.
28.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of
default by the Company, notwithstanding anything to the contrary in this Contract,
the Company agrees that it will not terminate this Contract or suspend or limit the
delivery of Products or Services or any warranties or repossess, disable or render
unusable any Software supplied by the Company, unless (i) the parties agree in
writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
28.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized
to terminate this Contract on behalf of the City.
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28.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration
of this Contract, the Company shall cooperate with the City to assist with the orderly
transfer of the Products, Services, functions and operations provided by the Company
hereunder to another provider or to the City as determined by the City in its sole
discretion. The transition services that the Company shall perform if requested by
the City include but are not limited to:
28.8.1 Working with the City to jointly develop a mutually agreed upon transition
services plan to facilitate the termination of the Services; and
28.8.2 Notifying all affected vendors and subcontractors of the Company of
transition activities;
28.8.3 Performing the transition service plan activities;
28.8.4 Answering questions regarding the products and services on an as -needed
basis; and
28.8.5 Providing such other reasonable services needed to effectuate an orderly
transition to a new system.
29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the
successful Bidder for any damages arising from delay, whether caused by the City or not.
30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves
the right to award multiple contracts for the Products and Services required by this Contract
if the City deems multiple Contracts to be in the City's best interest.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this
Contract is solely that of independent contractors, and nothing contained in this Contract
shall be construed to (i) give any party the power to direct or control the day-to-day
activities of the other; (ii) constitute such parties as partners, joint ventures, co -owners or
otherwise as participants in a joint or common undertaking; (iii) make either party an agent
of the other for any purpose whatsoever, or (iv) give either party the authority to act for,
bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein
shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that
may arise under law or under the terms of this Contract.
32, INDEMNIFICATION: To the fullest extent permitted by law, the Company shall
indemnify, defend and hold harmless each of the "Indemnitees" (as defined below) frorn
and against any and all "Charges" (as defined below) paid or incurred any of them as a
result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation,
misappropriation or infringement of any copyright, trademark, patent, trade secret or other
proprietary rights with respect to the Work or any Products or deliverables provided to the
City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or
materials purchased or supplied by the Company or its subcontractors in connection with
this Contract; or (iii) arising from the Company's failure to perform its obligations under
this Contract, or from any act of negligence or willful misconduct by the Company or any
of its agents, employees or subcontractors relating to this Contract, including but not
hinited to any liability caused by an accident or other occurrence resulting in bodily injury,
death, sickness or disease to any person(s) or damage or destruction to any property, real or
personal, tangible or intangible; or (iv) arising from a violation of any federal, state or
local law, regulation or ordinance by the Company or any its subcontractors (including
without limitation E-Verify or other immigration laws); or (v) arising from any claim that
the Company or an employee or subcontractor of the Company is an employee of the City,
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including but not limited to claims relating to worker's compensation, failure to withhold
taxes and the like. For purposes of this Section: (a) the term "Indemnitees" means the City
and each of the City's officers, officials, employees, agents and independent contractors
(excluding the Company); and (b) the term "Charges" means any and all losses, damages,
costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties,
royalties, interest charges and other liabilities (including settlement amounts) or any other
legal theory or principle, in connection with an Infringement Claim.
City will defend, indemnify and hold harmless Company, its subsidiaries, parent Company
and its and their officers, agents and employees, from and against all loss, liability, claim,
action or expense, including reasonable attorneys' fees, by reason of bodily injury,
including death, and property damage, sustained by any person or persons, including but
not limited to employees of City, as a direct result of City's negligence or intentional
misconduct in its maintenance, use, possession, storage, operation, erection, dismantling,
servicing or transportation of the equipment.
33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the
insurance requirements described in this Section. In the event the Company fails to procure
and maintain each type of insurance required by this Section, or in the event the Company
fails to provide the City with the required certificates of insurance, the City shall be entitled
to terminate the Contract immediately upon written notice to the Company.
The Company agrees to purchase and maintain the following insurance coverage during the
life of the Contract with an insurance company acceptable to the City of Charlotte,
authorized to do business in the State of North Carolina:
(C) Automobile Liability: Bodily injury and property damage liability covering all
owned, non -owned, and hired automobiles for limits of not less than $1,000,000
bodily injury each person, each accident; and, $1,000,000 property damage, or
$1,000,000 combined single limit each occurrence/aggregate.
(D) Commercial General Liability: Bodily injury and property damage liability as
shall protect the successful Company and any subcontractor performing work
under the Contract from claims of bodily injury or property damage which arise
from performance of the Contract, whether such work is performed by the
Company, any subcontractor or anyone directly or indirectly employed by either.
The amounts of such insurance shall not be less than $1,000,000 bodily injury
each occurrence/aggregate and $1,000,000 property damage each
occurrence/aggregate or $1,000,000 bodily injury and property damage combined
single limits each occurrencelaggregate. This insurance shall include coverage
for products, services, completed operations, personal injury liability and
contractual liability assumed under the indemnity provision of the Contract.
(E) Workers' Compensation: Meeting the statutory requirements of the State of
North Carolina and Employers Liability - $100,000 per accident limit, $500,000
disease per policy limit, $100,000 disease each employee limit, providing
coverage for employees and owners.
The City shall be named as additional insured under the commercial general liability
insurance for operations or services rendered under this Contract. The Company's
insurance shall be primary of any self -funding and/or insurance otherwise carried by the
City for all loss or damages arising from the Consultant's operations under this agreement.
The Company and each of its subcontractors shall and does waive all rights of subrogation
against the City and each of the Indemnitees, as defined in Section 5.1.
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The Company shall not commence any work in connection with the Contract until it has
obtained all of the types of insurance set forth in this Form, and such insurance has been
approved by the City. The Company shall not allow any subcontractor to commence work
on its subcontract until all similar insurance required of the subcontractor has been obtained
and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina
recognized by the Secretary of State and the Insurance Commissioner's Office. The
Company shall furnish the City with proof of insurance coverage by certificates of
insurance accompanying the Contract.
Certificates of all required insurance shall contain the provision that the City will be given
(30) days written notice of any intent to amend or terminate by either the insured or the
insuring company. All insurance certificates must include the City of Charlotte's contract
number in the description field.
The City shall be exempt from, and in no way liable for any sums of money that may
represent a deductible in any insurance policy. The payment of such deductible shall be the
sole responsibility of the Company and/or subcontractor providing such insurance.
34. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it
will fully comply with the City's Commercial Non -Discrimination Policy, as described in
Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of
any arbitration conducted thereunder. As part of such compliance, the Company shall not
discriminate on the basis of race, gender, religion, national origin, ethnicity, age or
disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or
suppliers in connection with a City contract or contract solicitation process, nor shall the
Company retaliate against any person or entity for reporting instances of such
discrimination. The Company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on City
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is
occurring in the marketplace. The Company understands and agrees that a violation of this
clause shall be considered a material breach of this Contract and may result in termination
of this Contract, disqualification of the Company from participating in City contracts or
other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide
to the City in a format specified by the City all information and documentation that may be
requested by the City from time to time regarding the solicitation, selection, treatment and
payment of subcontractors in connection with this Contract; and (b) if requested, provide to
the City within sixty days after the request a truthful and complete list of the names of all
subcontractors, vendors, and suppliers that the Company has used on City contracts in the
past five years, including the total dollar amount paid by the Company on each subcontract
or supply contract. The Company further agrees to fully cooperate in any investigation
conducted by the City pursuant to the City's Non -Discrimination Policy, to provide any
documents relevant to such investigation that are requested by the City, and to be bound by
the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City's request,
payment affidavits detailing the amounts paid by the Company to subcontractors and
suppliers in connection with this Contract within a certain period of time. Such affidavits
shall be in the format specified by the City from time to time
The Company understands and agrees that violation of this Commercial Non -
Discrimination provision shall be considered a material breach of this Contract and may
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result in contract termination, disqualification of the Company from participating in City
contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as
confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The
Company will not reproduce, copy, duplicate, disclose, or in any way treat the data
supplied by the City in any manner except that contemplated by this agreement.
36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and
agents shall, whenever on the City's premises, obey all instructions and directions issued by
the City's project manager with respect to work on the City's premises. The Company
agrees that its personnel and the personnel of its subcontractors will comply with all rules,
regulations and security procedures of the City when on the city's premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct
background checks on all personnel who will be working at the Charlotte service facility or
delivering Products or Services under the Contract. The Company will conduct such
background checks prior to the personnel commencing work hereunder, whether as part of
the Company's standard pre -employment screening practices or otherwise. The Company
will complete a background check on an annual basis for each person working at the
Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
C. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she
shall not be assigned to perform services under this Contract. The Company will notify the
City immediately if a background check reveals any conviction(s). If there is any question
as to whether any personnel meets the background qualifications, prior to assignment of
any Services under this Contract, the Company shall contact the City immediately.
38. DRUG -FREE WORKPLACE. The City is a drug -free workplace employer. The
Company hereby certifies that it has or it will within thirty (30) days after execution of this
Contract:
38.1 Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
38.2 Establish a drug -free awareness program to inform employees about (i) the dangers
of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug -free
workplace, (iii) any available drug counseling, rehabilitation, and employee
assistance programs, and (iv) the penalties that may be imposed upon employees for
drug abuse violations;
38.3 Notify each employee that as a condition of employment, the employee will (i) abide
by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction;
38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by an employee convicted of a drug crime;
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38.5 Make a good faith effort to continue to maintain a drug -free workplace for
employees; and
38.6 Require any party to which it subcontracts any portion of the work under the contract
to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug -free workplace
requirements during the performance of this Contract shall be ground for suspension,
termination or debarment.
39. NOTICES. Any notice, consent or other communication required or contemplated by this
Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight
courier, by electronic mail or by telefax to the intended recipient at the address set forth
below. Notice shall be effective upon the date of receipt by the intended recipient;
provided that any notice which is sent by telefax or electronic mail shall also be
simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.
Each party may change its address for notification purposes by giving the other party
written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance,
prevention of performance, modification, extension, amendment, or waiver of any
provision of this Contract shall be sent to:
For The Company:
For The City:
Jason Osterbeek
Karen Ewing
Here Rentals Inc.
Procurement Management Division
27500 Riverview Center Blvd.
600 East Fourth Street
Bonita Springs, FL 34134
Charlotte, NC 2 82 02
Phone: 239-301-1157
Phone: 704-336-2992
Fax: 866-294-6490
Fax: 704-632-8254
E-mail: hercbids hercrentals.com
E-mail: kewing@charfottenc.gov
With Copy To:
With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: cwhiteaa ci.charlotte.nc.us
All other notices shall be sent to the other party's Project Manager at the most recent address
provided in writing by the other party.
40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this
Contract without the City's prior written consent. In the event the City does consent in
writing to a subcontracting arrangement, Company shall be the prime contractor and shall
remain fully responsible for performance of all obligations which it is required to perform
under this Contract. Any subcontract entered into by Company shall name the City as a third
party beneficiary.
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41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the
performance of its obligations pursuant to the Contract, and such failure or delay shall not be
deemed a default of the Contract or grounds for termination hereunder if all of the following
conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution;
B. cannot reasonably be circumvented by the non -performing party through the use of
alternate sources, work -around plans, or other means; and
C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood,
earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots,
civil disorders, rebellions or revolutions or court order.
An event that satisfies all of the conditions set forth above shall be referred to as a "Force
Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be
excused from any further performance of those of its obligations which are affected by the
Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the
affected party continues to use reasonable efforts to recommence performance whenever and
to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the
other by telephone (to be confirmed by written notice within five (5) days of the inception of
the failure or delay) of the occurrence of a Force Majeure Event and shall describe in
reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event
prevents the Company from performing its obligations for more than fifteen (15) days, the
City shall have the right to terminate the Contract by written notice to the Company.
Notwithstanding anything contained herein to the contrary, strikes, slow -downs, walkouts,
lockouts, and industrial disputes of the Company or its subcontractors shall not constitute
"Force Majeure Events" and are not excused under this provision, Nothing in the preceding
Force Majeure provisions shall relieve the successful Company of any obligation it may have
regarding disaster recovery, whether under the Contract or at law.
42 CONFIDENTIALITY.
42.1 DEFINITIONS. As used in this Contract, The term "Confidential Information" shall
mean any information, in any medium, whether written, oral or electronic, not
generally known in the relevant trade or industry that is obtained from the City or any
of its suppliers, contractors or licensors which falls within any of the following general
categories:
42.1.1 Trade secrets. For purposes of this Contract, trade secrets consist of
information of the City or any of its suppliers, contractors or licensors: (a) that
derives value from being secret; and (b) that the owner has taken reasonable
steps to keep confidential. Examples of trade secrets include information
relating to proprietary software, new technology, new products or services,
flow charts or diagrams that show how things work, manuals that tell how
things work and business processes and procedures.
42.1.2 Information of the City or its suppliers, contractors or licensors marked
"Confidential" or "Proprietary."
42.1.3 Information relating to criminal investigations conducted by the City, and
records of criminal intelligence information compiled by the City.
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42.1.4 Information contained in the City's personnel files, as defined by N.C. Gen.
Stat. 160A-168. This consists of all information gathered by the City about
employees, except for that information which is a matter of public record under
North Carolina law.
42.1.5 Citizen or employee social security numbers collected by the City.
42.1.6 Computer security information of the City, including all security features of
electronic data processing, or information technology systems,
telecommunications nehvorks and electronic security systems. This
encompasses but is not limited to passwords and security standards,
procedures, processes, configurations, software and codes.
42.1.7 Local tax records of the City that contains information about a taxpayer's
income or receipts.
42.1.8 Any attorney / client privileged information disclosed by either party.
42.1.9 Any data collected from a person applying for financial or other types of
assistance, including but not limited to their income, bank accounts, savings
accounts, etc.
42.1.10 The name or address of individual home owners who, based on their income,
have received a rehabilitation grant to repair their home.
42.1.I 1 Building plans of city -owned buildings or structures, as well as any detailed
security plans.
42.1.12 Billing information of customers compiled and maintained in connection with
the City providing utility services
42.1.13 Other information that is exempt from disclosure under the North Carolina
public records laws.
Categories 42.1.3 through 42.1.13 above constitute "Highly Restricted Information," as well as
Confidential Information. The Company acknowledges that certain Highly Restricted
Information is subject to legal restrictions beyond those imposed by this Contract, and agrees
that: (a) all provisions in this Contract applicable to Confidential Information shall apply to
Highly Restricted Information; and (b) the Company will also comply with any more restrictive
instructions or written policies that may be provided by the City from time to time to protect the
confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after the date of this
Contract, the Confidential Information shall include information disclosed or revealed within one
year prior to the date of this Contract.
42.2. RESTRICTIONS. Company shall keep the Confidential Information in the strictest
confidence, in the manner set forth below:
42.2.1 Company shall not copy, modify, enhance, compile or assemble (or reverse
compile or disassemble), or reverse engineer Confidential Information, except
as authorized by the City in writing.
42.2.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or
transfer Confidential Information to any third party, other than an agent,
subcontractor or vendor of the City or Company having a need to know such
Confidential Information for purpose of perforining work contemplated by
written agreements between the City and the Company, and who has executed
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a confidentiality agreement incorporating substantially the form of this the
Contract. Company shall not directly or indirectly, disclose, divulge, reveal,
report or transfer Highly Restricted to any third party without the City's prior
written consent.
42.2.3 Company shall not use any Confidential Information for its own benefit or for
the benefit of a third party, except to the extent such use is authorized by this
Contract or other written agreements between the parties hereto, or is for the
purpose for which such Confidential Information is being disclosed.
42.2.4 Company shall not remove any proprietary legends or notices, including
copyright notices, appearing on or in the Confidential Information.
42.2.5 Company shall use reasonable efforts (including but not limited to seeking
injunctive relief where reasonably necessary) to prohibit its employees,
vendors, agents and subcontractors from using or disclosing the Confidential
Information in a manner not permitted by this Contract.
42.2.6 In the event that any demand is made in litigation, arbitration or any other
proceeding for disclosure of Confidential Information, Company shall assert
this Contract as a ground for refusing the demand and, if necessary, shall seek a
protective order or other appropriate relief to prevent or restrict and protect any
disclosure of Confidential Information.
42.2.7 All materials which constitute, reveal or derive from Confidential Information
shall be kept confidential to the extent disclosure of such materials would
reveal Confidential Information, and unless otherwise agreed, all such
materials shall be returned to the City or destroyed upon satisfaction of the
purpose of the disclosure of such information.
42.2.8 Company shall restrict employee access to the Confidential Information to
those employees having a need to know for purposes of their jobs.
42.2.9 Company shall take reasonable measures to prevent the use or disclosure of
Confidential Information by its employees in a manner not permitted by this
Contract. The Company shall have each of its employees who will have access
to the Confidential Information sign a confidentiality agreement which
provides the City and its vendors, licensors, subcontractors, employees and
taxpayers the same level of protection as provided by this Contract.
42.3 EXCEPTIONS. The City agrees that Company shall have no obligation with respect
to any Confidential Information that the Company can establish:
42.3.1 Was already known to Company prior to being disclosed by the City;
42.3.2 Was or becomes publicly known through no wrongful act of Company;
42.3.3 Was rightfully obtained by Company from a third party without similar
restriction and without breach hereof;
42.3.4 Was used or disclosed by Company with the prior written authorization of
the City;
42.3.5 Was disclosed pursuant to the requirement or request of a governmental
agency, which disclosure cannot be made in confidence, provided that, in
such instance, Company shall first give to the City notice of such
requirement or request;
42.3.6 Was disclosed pursuant to the order of a court of competent jurisdiction or
a lawfully issued subpoena, provided that the Company shall take
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reasonable steps to obtain an agreement or protective order providing that
this Contract will be applicable to all disclosures under the court order or
subpoena.
44. MISCELLANEOUS
44.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments
constitute the entire agreement between the parties with respect to the subject
matter herein. There are no other representations, understandings, or agreements
between the parties with respect to such subject matter. This Contract supersedes
all prior agreements, negotiations, representations and proposals, written or oral.
Notwithstanding the forgoing, the parties agree that the ITB and the Bid are
relevant in resolving any ambiguities that may exist with respect to the language of
this Contract
44.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in
writing and signed by the party against whom enforcement is sought. Amendments
that involve or increase in the amounts payable by the City may require execution
by a Department Director, the City Manager, or an Assistant City Manager;
depending on the amount. Some increases may also require approval by City
Council.
44.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the
interpretation and enforcement of this Contract, and any other matters relating to
this Contract (all without regard to North Carolina conflicts of law principles). All
legal actions or other proceedings relating to this Contract shall be brought in a
state or federal court sitting in Mecklenburg County, North Carolina. By execution
of this Contract, the parties submit to the jurisdiction of such courts and hereby
irrevocably waive any and all objections which they may have with respect to
venue in any court sitting in Mecklenburg County, North Carolina.
44.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties
and their successors and permitted assigns. Neither party may assign this Contract
without the prior written consent of the other. Any assignment attempted without
the written consent of the other party shall be void. For purposes of this Section, a
Change in Control, as defined in Section 42.8 constitutes an assignment.
44.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses
or sections contained in this Contract or the Exhibits shall not affect the validity of
the remaining portion of this Contract or Exhibits so long as the material purposes
of this Contract can be determined and effectuated. If any provision of this Contract
or Exhibit is held to be unenforceable, then both parties shall be relieved of all
obligations arising under such provision, but only to the extent that such provision
is unenforceable, and this Contract shall be deemed amended by modifying such
provision to the extent necessary to make it enforceable while preserving its intent.
44.6 NO PUBLICITY. No advertising, sales promotion or other materials of the
Company or its agents or representations may identify or reference this Contract or
the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City
as a reference in responses to requests for proposals, and may identify the City as a
customer in presentations to potential customers.
44.7 WAIVER. No delay or omission by either party to exercise any right or power it
has under this Contract shall impair or be construed as a waiver of such right or
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power. A waiver by either party of any covenant or breach of this Contract shall
not constitute or operate as a waiver of any succeeding breach of that covenant or
of any other covenant. No waiver of any provision of this Contract shall be
effective unless in writing and signed by the party waiving the rights.
44.8 CHANGE IN CONTROL. In the event of a change in "Control" of the Company
(as defined below), the City shall have the option of terminating this Contract by
written notice to the Company. The Company shall notify the City within ten days
of the occurrence of a change in control. As used in this Contract, the term
"Control" shall mean the possession, direct or indirect, of either (i) the ownership
of or ability to direct the voting of, as the case may be fifty-one percent (51%) or
more of the equity interests, value or voting power in the Company or (it) the
power to direct or cause the direction of the management and policies of the
Company whether through the ownership of voting securities, by contract or
otherwise.
449 NO BRIBERY. The Company certifies that neither it, any of its affiliates or
subcontractors, nor any employees of any of the forgoing has bribed or attempted
to bribe an officer or employee of the City in connection with this Contract.
44.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The
Company agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract
be in compliance with all applicable federal, state and/or local laws regarding
employment practices. Such laws will include, but shall not be limited to workers'
compensation, the Fair Labor Standards Act (FLSA), the Americans with
Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA
regulations applicable to the work.
44.11 TAXES. The Company shall pay all applicable federal, state and local taxes which
may be chargeable against the Products and/or Services.
44.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits,
which by their nature would reasonably be expected to continue after the
termination of the Contract shall survive the termination of the Contract, including
but not limited to the following:
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Vendor No. 20941
Section 3
Section 13
Section 14
Section 22
Section 27
Section 28
Section 32
Section 33
Section 39
Section 43
Section 44
"Term"
"General Warranties"
"Additional Representations and Warranties"
"Guarantee"
"Other Remedies"
"Termination"
"Indemnification"
"Insurance"
"Notices"
"Confidentiality"
"Miscellaneous"
44.13 NON APPROPRIATION OF FUNDS. If City Council does not appropriate the
funding needed by the City to make payments under this Contract for a given fiscal
year, the City will not be obligated to pay amounts due beyond the end of the last
fiscal year for which funds were appropriated. In such event, the City will promptly
notify the Company of the non -appropriation and this Contract will be terminated
at the end of the last fiscal year for which funds were appropriated. No act or
omission by the City, which is attributable to non -appropriation of funds shall
constitute a breach of or default under this Contract.
44.14 NC REQUIRED TERMS. The following terms are incorporated into this Contract
for compliance with state law:
44.14.1 E-VERIFY. Company shall comply with the requirements of Article 2 of
Chapter 64 of the North Carolina General Statutes, and shall require each
of its subcontractors to do so as well.
44.14,2 NC Prohibition on Contracts with Company that Invest in Iran or Boycott
Israel. Company certifies that: (i) it is not identified on the Final
Divestment List or any other list of prohibited investments created by the
NC State Treasurer pursuant to N.C.G.S. 147-86.58 (collectively, the
"Treasurer's IDA List"); (ii) it has not been designated by the NC State
Treasurer pursuant to N.C.G.S. 147-86.81 as a company engaged in the
boycott of Israel (such designation being referred to as the "Treasurer's IB
List"); and (iii) it will not take any action causing it to appear on the
Treasurer's IDA List or the Treasurer's IB List during the term of this
Contract. In signing this Contract Company further agrees, as an
independent obligation, separate and apart from this Contract, to reimburse
the City for any and all damages, costs and attorneys' fees incurred by the
City in connection with any claim that this Contract or any part thereof is
void due to Company appearing on the Treasurer's IDA List or the
Treasurer's IB List at any time before or during the tern of this Contract.
44.15 PRE -AUDIT. No pre -audit certificate is required under N.C. Gen. Stat. 159-28(a)
because this Contract is for an indefinite quantity with no minimum purchase
requirement. Notwithstanding anything contained herein to the contrary, this
Contract does not require the City to purchase a single product or service, and a
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decision by the City to not make any purchase hereunder will violate neither this
Contract nor any implied duty of good faith and fair dealing. The City has no
financial obligation under this Contract absent the City's execution of a valid and
binding purchase order or contract addendum containing a pre -audit certificate."
45. CITY'S RESPONSIBILITIES. City must return the equipment to Company in the same
good and clean condition it was in when City received it, ordinary wear excepted. The
equipment must be returned to Company at the Company branch from which it was rented.
City acknowledges that it must confirm return receipt of the equipment by Company at the
time the equipment is returned. Until such time as Company receives actual possession of
the equipment, City agrees to hold said equipment in a safe and secure manner. City shall
notify the renting branch by telephone or fax, prior to any equipment movements between
City's job sites. The equipment will be used only in accordance with the manufacturer's
instructions within its rated capacity.
City will promptly notify Company of any accident, damage or failure involving the
equipment and will reasonably cooperate with Company in gathering information in
connection therewith. City will perform or cause to be performed lubrication and readiness
checks of the equipment, including but not limited to: checking of the equipment before
each shift; checking and maintaining crankcase, transmission, cooling and fluid systems
daily; and checking tire pressure and battery fluid and charge levels weekly. If the
equipment fails to operate properly or becomes in need of repair, City will immediately
cease using same and will immediately notify Company. City further agrees, at City's sole
cost and expense, to secure and maintain in force during the entire term of the Rental
Documentation insurance that meets the requirements set forth herein for the benefit of
Company.
Company agrees to provide the equipment to City with full fuel tanks. City may return the
equipment with full fuel tanks(s) or allow Company to refuel the equipment. If City returns
the equipment with the fuel tank(s) less than full, City will pay to Company a sum equal to
Company's then -applicable refueling service charge posted at the Company branch where
the equipment is returned for the number of gallons required to refill the tank(s) at the time
of return.
46. RISK OF LOSS: All loss of or damage to the equipment, unless such loss or damage
results from a latent defects) or fault or negligence on the part of Company, while on rental
and in City's care, custody or control, including, but not limited to, fire, flood, theft,
comprehensive losses, collision and rollover, and Acts of God, will be the responsibility of
City and will be paid to Company promptly upon City's receipt of an uncontested, itemized
invoice therefor. Such responsibility is limited to: (1) reasonable repair cost; or, (2) the fair
market value of the equipment at the time it is lost or damaged, less its salvage value_ The
cost of labor for such repairs will be either supplier's then prevailing reasonable hourly rate
for labor, posted at the supplier branch where the equipment is to be repaired, or the
repairer's reasonable hourly rate for labor charged to supplier for such repairs, as the case
may be. Parts will be charged to City at Company's cost as reasonably charged to Company
by the supplier or repairer, as the case may be. Use of the equipment by persons other than
as provided for herein will be at City's sole risk. City and any Authorized Operator hereby
assume all risk of loss or damage and waive all claims against Company by reason of any
property left, or stored, by City or any other person in or upon the equipment.
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47, LIMITATION OF LIABILITY: the parties agree that the maximum liability to which
either party may be liable or responsible to the other party or any third party for any loss,
damage or injury caused by, resulting from or in any way connected with the equipment
and/or this contract shall be the total rental charges paid or payable by city under this
contract. Both parties waive any and all consequential, indirect, special and punitive
damages. This limitation of liability shall not apply to either party's indemnification
obligations hereunder.
[Signature Page Follows]
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
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IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this Contract to be executed
on the date first written above.
COMPANY: HER RENTALS INC.
7
BY:
PRINT NA E: Jason Oosterbeek
TITLE: Vice President
DATE: 9-1 1-18
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY:
PRINT NAME: �r�'� rk- J"-(Joaq
TITLE: 'DIA- (p,
DATE: t b I I
CITY OF CHARLOTTE:
RISK MANAGEMENT DIVISION
BY:
PRIM NAME:
AME: rSle
TITLE:$t�r.MG2
DATE:
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Contract NO. 2019000318
Vendor No. 20941
Exhibit A
Discount Structure, Market Basket Pricing, Additional Fees and Incentives
This Discount Structure, Market Basket Pricing, and Additional Fees are an Exhibit to and is
incorporated into the Contract between the City of Charlotte and Here Rentals Inc. ("the
Contract"). Capitalized terms not defined in this Exhibit shall have the meanings assigned to
such terms in the Contract.
Company must maintain the following fixed percentage discounts off the Company's most
current published price list for the life of the Contract. All charges by the Company to the
City and/or any Participating Public Agency must not exceed the pricing included in this
Exhibit.
The rebate structure offered by the Company will go into effect on January 1, 2019 for -
the calendar year 2019.
Participating Public Agencies (PPA) can elect to sign the Company's Platinum Pricing
17
Program Agreement under which the PPA will be offered selective pricing levels by
the Company in return for PPA's prornise to rent equipment exclusively from the
Company during the term of the contract, subject to laves and regulations controlling in
the PPA's jurisdiction.
DocuSign Envelope ID: EEMBC20-713AE-4944-131 FC-A56313178B56B
HercRen tols
Rebates
We have added additional value to the program by offering a volume incentive rebate, effective
January 1, 2019 to all PPA's as follows:
• $50,000 to $100,000 = 0.5%
• $100,001 to $250,000 = 1.0%
• $250,001 to $500,000 = 1.5%
• $500,001 to $750,000 = 2.0%
• $750,001 to $1,000,000 — 2.5%
• $1,000,001+ — 3.0%
PPAs will be eligible for this rebate beginning on January 1, 2019, and will be paid within ninety (90)
days or sooner of calendar year end. Any agency that starts the program after the first of the year will be
prorated. The program will reset every year on January Ist.
To receive the volume incentive the PPA must be in good credit standing with Here and up to date with
their payables.
Additional Savings
Here is providing additional cost savings by removing our Environmental and Emissions Surcharge
which equates to approximately 2% of every transaction and a cost Here incurs to meet the highest
standards of equipment and service. Here is also waiving the vehicle licensing fee which saves customers
up to $2.50 per day and absorbing the transportation surcharge as part of our delivery fees, equating to a
b% savings.
Emergency Response
Throughout our history, we have been heavily involved with disaster preparedness and relief; most
recently, before, during and after Hurricane Harvey and Hurricane Irma. As a disaster event occurs or is
anticipated, Here actively monitors the situation and mobilizes equipment in preparation for response and
relief efforts. Our presence in the affected areas will deliver power generation, climate control,
dehumidification and water removal, as well as other solutions, depending on the event.
In the event of a disaster and due to our long-standing relationship. Here will honor the contractual
pricing for our standard single shift. Double and triple shifts will be billed accordingly based on customer
needs. Here, in reflecting our partnership throughout the years will not mandate a minimum duration,
which is standard in the industry.
44
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Exhibit B
Scope of Services
This Scope of Services is an Exhibit to and is incorporated into the Contract between the City of
Charlotte ("City") and Here Rentals Inc. ("the Contract"). Capitalized terms not defined in this
Exhibit shall have the meanings assigned to such terms in the Contract.
2.1 General Scope
The Company shall provide Rental Equipment and Services to the City and
Participating Public Agencies ("PPA") that elect to use this Contract.
Participating Public Agencies may have additional specific requirements that might
not be a requirement of the City. The Company agrees to provide additional
information or documentation to Participating Public Agencies as may be required
per the Master Intergovernmental Cooperative Purchasing Agreement (between the
City and the PPA). The Company agrees to comply with additional state, or local
laws and policies of the individual Participating Public Agencies.
2.2 Product Standards and Service Level Requirements
All Products offered must be the latest design and technology. It is essential that all
Equipment Rentals and Related Products and Services be in compliance with all
current and applicable ASTM Standards and other applicable laws and regulations in
the state of North Carolina or in accordance with the laws and applicable purchasing
policies of the State and locality where the Participating Public Agencies exists.
2.2.1 Any equipment rented shall be guaranteed to be fully functional and capable
of performing the task(s) it was designed to perform under the
manufacturer's guidelines. All safety equipment and all associated
attachments shall be in place and functioning per the manufacturer's design.
Any equipment not functioning properly, or becoming non-functional during
operation, shall be picked up and replaced by the Company at no additional
charge to the PPA during the rental period. Routing repairs not caused by
misuse of the equipment shall be provided at no additional cost to the PPA.
2.2.2 At the time the PPA takes possession of the equipment, the Company shall
provide information regarding current condition and any visual, pre-existing
damage to the equipment. The Company and the PPA will review the
equipment condition at the point of delivery as well as at the point of return.
No rental fees shall be charged to a PPA without the signed receipt of
acceptance of the equipment.
2.2.3 The proposal response shall include a sample of any service agreement or
contract that the PPA will be required to sign. The service Agreement shall
clearly indicate and describe any and all charges that will be assessed at time
of rental. Documents produced for signature after an award is made, which
were not submitted with the proposal response, will not be considered or
made part of any Contract that results from this solicitation.
2.2.4 At the time of any rental of equipment under the terms of the resulting
Contract, PPA representatives may sign the Company's standard Rental
Agreement/Delivery Ticket as evidence of receipt of the equipment. PPA
representatives accepting equipment will not be authorized to obligate or
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bind the respective agency to contractual terms and conditions; therefore,
signature on a Rental Agreement/Delivery Ticket is solely an
acknowledgement of receipt of the equipment. Any pre-printed terms on the
Rental Agreement/Delivery Ticket shall govern the rental transaction only to
the extent the terms are not in addition to, or in conflict of, the terms of the
Master Agreement which shall govern all transactions between parties.
2.3 Optional Purchase of Equipment
2.3.1 Purchase of New Equipment: All purchases of new equipment shall be
new, unused, frilly functional and capable of performing the task(s) it was
designed to perform under the manufacture's guidelines. All available
manufacturers' warranties shall apply. No cost may be charged to a PPA
without a signed receipt of acceptance of the equipment.
2.3.2 Purchase of Used Equipment: All used equipment shall be fully functional
and capable of performing the task(s) it was designed to perform under the
manufacturer's guidelines. All available manufacturers' warranties shall
apply. No cost may be charged to a PPA without a signed receipt of
acceptance of the equipment. All safety equipment/attachments will be in
place and functioning per the manufacturer's design. Any visual or pre-
existing damage to the equipment shall be clearly defined in writing and
signed off on by the PPA making the purchase. The supplier and the PPA
will review the equipment condition at point of delivery. No fees may be
charged to a PPA without a signed receipt of acceptance of the equipment.
2.3.3 Purchase: Company shall provide a discount off of a catalog, published
retail list or manufacturer's list price for the purchase of new or used
equipment. The purchase discounts offered to the Lead Public Agency and
Participating Public Agencies for all categories included as Attachment 1 —
Purchase Discounts (fifth tab).
2.3.4 Rebates: Please include any rebates offered to Lead Public Agency and
Participating Public Agencies.
2.3.5 Additional Fees
Company shall provide prices for all additional fees provided as Attachment
1 — Additional Fees (second tab) to include, but not limited to:
1. Company must specify all delivery, setup, pickup and related fees.
2. Other fees, such as insurance, environmental recovery, cleaning,
refueling or any other fees must be clearly identified.
2.4 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract
(through December 31, 2019). Company may request price increases for consideration
at least sixty (60) days prior to each anniversary of the Contract effective date. All
requests must be submitted in writing to City of Charlotte Procurement Management
along with documentation of bona fide materials and labor increases for the cost of
Products. No adjustments shall be made to compensate a Company for inefficiency in
operation or for additional profit. Price decreases shall be accepted at any time during the
term of the contract.
2.5 New Products and Services
New Products and Services may be added to the Contract during the term of the Contract
by written amendment, to the extent that those Products and Services are within the scope
of this Contract and include, but will not be limited to, new Product added to the
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Manufacturer's listing offerings, and services which reflect new technology and
improved functionality. All requests are subject to review and approval of the City of
Charlotte.
2.6 Training
The Company shall provide all operational and safety training associated with any
equipment included in the resulting Contract. This includes any OSHA required
certifications or licenses associated with rental of provided equipment. The Proposal
response shall include a complete description of training (methods of delivery, available
locations, duration, content, etc.) along with pricing structure for each.
2.7 Installation
All Products provided under this Contract that require assembly and installation should
be performed by the awarded Company's certified installers. All installation work must
meet the manufacturer's specifications and industry standards.
2.8 Safety
Company and installers or subcontractors performing services for the City shall comply
with all Occupational Safety and Health Administration (OSHA), State and County
Safety and Occupational Health Standards and any other applicable rules and regulations.
The Company and subcontractors shall be held responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site area under this contract.
2.9 Delivery
Company will be responsible for the delivery, setup and pickup of all equipment to the
City or Participating Public Agencies in compliance with agreed upon Contract terms.
Timely delivery is important to the City and Participating Public Agencies.
2.10 Optional Work
Company will be required to provide quotations on a case -by -case basis for optional
related work as may be required to provide a full turnkey solution to Participating Public
Agencies.
2.11 Reports
Company must maintain all records in compliance with federal and state regulations. A
statistical report and an annual tabulated report must be submitted electronically to the
City upon request.
2.12 Prevailing Wages
Company must comply with the prevailing wage requirements of each state. Please
include any exceptions to this requirement in your proposal response, per Section 2.6.12
of this RFP.
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Exhibit C
Charlotte Business INClusion Program
Charlotte Business INClusion Program
Pursuant to Charlotte City Council's adoption of the Charlotte Business INClusion (CBI) Policy,
the CBI program promotes diversity, inclusion, and local business opportunities in the City's
contracting and procurement process for Minority, Women, and Small Business Enterprises
(MWSBEs) headquartered in the Charlotte Combined Statistical Area (CSA). The CBI Policy is
posted at: w�vw.cliarlottebusinessinclusion.com.
The City is committed to promoting opportunities for maximum participation of certified
MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE
participation to count towards a Goal, MWSBEs must meet both the certification and geographic
requirements as detailed throughout this solicitation and in the CBI Policy.
Company is required to provide an MWSBE Participation Plan, describing your approach and
past history with MWSBE utilization. The Participation Plan should include at a minimum the
following elements:
• Identify MWSBE vendors you propose to use on the project;
• Identify outreach efforts that will be employed by the Company to maximize MWSBE
inclusion throughout the life of the project;
• Identify specific scopes of work to be performed by MWSBEs;
• Document the overall percentage to be committed to MWSBEs; and
• Describe your approach and past history utilizing MWSBEs (include a Iist of past projects
and your MWSBE utilization on said projects).
• The City has established the following MWSBE Goals for all development, planning,
design, consulting, pre -construction and construction work, and for any other work, services
and products provided on the Project:
This Contract has an aggregate MWSBE Goal of 10% for the City of Charlotte usage estimated to
be $800,000 annually: The total work performed by MWSBEs in the aggregate.
Subcontracting
The Company given contract award shall be the prime contractor and shall be solely responsible
for contractual performance. In the event of a subcontracting relationship, the Company shall
remain the prime contractor and will assume all responsibility for the performance of the Services
that are supplied by all subcontractors. The City retains the right to approve all subcontractors.
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
•
i
Section 6
Required Forms
' BUS�IN�ESS�l,3?EViY
REQUIRED FORM 5 —M/W/SBE PARTZCTPA`HON PLAN
RFP # 269-2018-047
Equipment Ikentals and Related Products and Services
The City maintains a strong cormhitment to the inclusion of MWSBEs in the City's contracting
and procurement process. Companies responding to this RFQ are required to provide an
MWSBE Participation Tian as outlined in Section 1.6.6 along with this required Form 4.
The City has established the following MWSBE Goals for all development, planning, design,
consulting, pre -construction and construction work, and for any other work, services and products
provided on the Project:
• Aggregate MWSBE Goal 10% for City of Charlotte usage estimated to be $800,000
annually.
A list of current registered and certified MWSBEs can be found at:
wrvw. charlotte business inclits ion. com.
Please indicate if your company is any of the following:
MBE WBE SBE
Firm Name ! Streeter Trucking
Work to be Performed Equipment Hauling
Dollar Amount ° $25,000
Firm Name Shoreline Trucking
Work to be Performed Equipment Hauling
Dollar Amount ? $25,000
Firm Name EASTWAY WRECKER SERVICE. INC.
Work to be Performed Equipment Hauling
RFP #269--2018-047 Rental Equipment
15
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
0
0
Section S
Required Forms
Dollar Amount
$25.000
Firm Name
RW Trucking, Inc
Work to be Performed
Equipment Hauling
Dollar Amount
$25,000
Firm Name
Murphy Law Trucking. LLC
Work to be Performed
` Equipment Hauling
Dollar Amount
$25,000
Company Name: Herc Rentals Inc,
Representative (signed):
Date
RFP 4269 2018-047 Rental Equipment
Jason Doste-rbeek
Representative Name
16
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract NO.2019000318
Vendor No. 20941
wstC`A"`aass
CBI FORM 4 - Letter of Intent
Contract Goods or Serviees; Citywide Drug and Alcohol Testing Servion
To be comotted by the Prime Company,
Name of Prime Company: Here Rentals Inc. Vendor#:
Address: 27500 Riverview Center Blvd Bonita Springs, FL 34134
Contact Person: Gran Ravburn Email: area_revhurn0herrrPntala_rnm
Telephone: 617-417-3736 Fax:866-294-6490
Identify in complete details the goods or services to be provided by the MWSBE Subcontractor:
Subcontractors to provide hauling services.
Value ofthe goods or services committed to be purchased from the MWSBE Subcontractor: $
To betompleted.by MWSBE Subcontractor:
Name of MWSBE: James Streeter Trucking Vendor#:
Address: 6824 Old Statesville RdCharlotte, NC 28269
Contact Person: James Streeter Entail: streetertrucking@aol.com
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $ 25,000
To be completed by 14WSBE Subcontractor
Name of MWSBE: qhgreline Trucking Vendor #:
Address: 1
' rate t+J C t)
Contact Person: Horace Shaw Email: shorelinetruckingllc@gmaii.com
T,.t....t,.,„,.• 17041 526-7074 Fax:
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $ 25,000
+,'i!`o be eompleted by MWSBE Subcontractor:
Name of MWSBE: Eastway Wrecker Service Inc Vendor M
Address:
Contact Person: Karen Email; Karen@eastwaywreckeme.com
Telephone: (704) 393-3027 Fax:
Upon execution of a Contract with 1he City for the above referenced goods or services, the Prime Company certifies that it
intends to utilize the MWSBE listed above, aad that the description and value of work to be perforated by the MWSBE
Scanned with CamScanner
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract No. 2019000318
Vendor No. 20941
Subcontractor described above is eccursle. The MWSBE Subcontractor certifies that it has agreed to provide such goods or
services for the amount stated above.
Prime
Contractor: DAW,
Signature and Title
MWSBE
Subcontractor: Date:
Signature and Title
James Streeter Trucking
MWSBE II II 1
Subcontractor: �tuYi Date: I
Signature and Title
Shoreline Trucking
MWSBE
Subcontractor Daw.
Signature and Title
Eastwav Wrecking Service Inc.
"
Scanned with CarnScanner
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract NO. 20190003 18
Vendor No. 20941
e-us1i1 SQLUS10N
C--Vt rrra F,
*a,
CBI FORM 4 - Letter of Intent
Contract Goods or Services: 0".id, Dtu j and Atcohot Testing Services
To be completed by thaPrime Company:
Name of Prime Company: Herc Rentals Inc. Vendor#:
Address: 27500 Riverview Center Blvd Bonita Springs, FL 34134
ContactPers;M Greg Re burn ];mail: greg.reyburn@hercrentals.com
Telephone: 617-417-3736 _ Fax: 866-294-6490
Identify in complete details the goods or services to be provided by the MWSBE Subcontractor:
Subcontractor to nroyiria. autmm�tiva sarviras
Value of the goods or services committed to be purchased from the MWSBE Subcontractor; $
To be completed bylWBE Subcontractor:
Name of MWSBE: Cook Truck Equipment & Tools Inc. Vendor Y:
Address: 2517 Starita Road, Chadotte, NC 28269
Contact Person: Joy Cook Email; Kashacooktruck@gmail,com
Telc hone; (7 — f? Lag Fax; Too "39I -5'416
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $ 25,000
To be completed by MWSB8 Subcontractor:
Name of MWSBE: Vendor #:
Address:
Contact Person: Email;
Telephone: ( ) Fax:
Value of the goods or services committed to be purchased from. the MWSBE Subcontrector- $ 25,000
To be completed by MWSBE Subcontractor::
Name of MWSBE: Vendor:
Address:
Contact Person: Email:
Tele hone: } Fax:
Upon execution of Contract with the City for the above referenced goods or services, the Prime Company certifies that it
intends to utilize the MWSBE listed above, and that the description and value of work to be performed by the MWSBE
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract NO. 2019000318
Vendor No. 20941
Subcontractor described above is accuratc. The MWSBE Subcontractor certifies that it has agreed to provide such goods or
services for the amount stated abovc.
rrinie
Contractor: Date:
Signature and Title
l
4'SBE /�
Subcontractor: bate: q y d F
Signature and Title
W,T. Cob k , Cook Truck Equipment & Fools Inc.
MWSBE
Subcontractor:
MWSBE
Subcontractor:
Signature and Title
Signature and Title ,
Date:
Date:
DocuSign Envelope ID: EEMBC20-713AE-4944-131 FC-A56313178B5613
Contract NO. 201900031 S
Vendor No. 20941
BUSS [a NE S®'`U510N
CBI FORM 4 - Letter of Intent
Contract Goods or Services: Citywide Drug and Alcohol Testing Services
To be completed by the Prime Company:
Name of Prime Company: Herc Rentals Inc. Vendor M
Address: 27500 Riverview Center Blvd Bonita Springs, FL 34134
Contact Person: Greg Re burn Email: re .re burn hercrentais.com
Telephone: 617-417-3736 Fax: 866-294-6490
Identify in complete details the goods or services to be provided by the MWSBE Subcontractor:
Value of the goods or services committed to be purchased from the MWSBE Subcontractor:
To be completed by MWSBE Subcontractor:
Name of MWSBE: Donald Gardner's Paint & Body, Inc. Vendor #:
Address: 3300 Beam Rd, Charlotte, NC 28217 .
Contact Person: Susan Gardner Email: pntnbody@aol.com
Telephone: (704) 527-4739 Fax:
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $ 25,000
To be completed by MWSBE Subcontractor:
Name of MWSBE: Vendor #:
Address:
Contact Person: Email:
Telephone: ( ) Fax:
Value of the goods or services committed to be purchased from the MWSBE Subcontractor: $ 25.000
To be completed by MWSBE Subcontractor:
Name of MWSBE: Vendor #:
Address:
Contact Person: Email:
Telephone- Fax:
upon execution of a Contract with the City for the above referenced goods or services, the Prime Company certifies that it
intends to utilize the MWSBE listed above, and that the description and value of work to be performed by the MWSBE
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract NO. 2019000318
Vendor No. 20941
Subcontractor described above is accurate. The MWSBE Subcontractor certifies that it has agreed to provide such goods or
services for the amount stated above.
Prime
Contractor:
Date:
Signature and Title
MWSBE
`
EA_
Subcontractor:
Date:
gnature and Title
Donald Gardnees Faint & Body, Inc.
MWSBE
Subcontractor:
Date:
Signature and Title
MWSBE
Subcontractor:
Date:
Signature and Title.
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract NO. 2019000318
Vendor No. 20941
13USINESS (OWSION
CBI FORM 6: Payment Affidavit of Subcontractor Utilization
The Company shall submit this form monthly deta fling aggregate payments to MWSBE Subcontractors.
Prime Company Name:
Contract Goods or Services:
Payment Period: to
City Department(s):
Contract #:
Subcontractor
Certification
(MBE, WBE,
and/or SBE)
Vendor#
Description of
Work
Performed
# of
Payments
this Period
Payment Total
Please indicate the total amount invoiced to the City during this period
The undersigned Company certifies the preceding char[ is a true and accurate statement of all payments that have
been made to MWSBE subcontractors on this Contract, and that all Suppliers providing goods under this contract have
been listed in the Sales Tax Statements submitted to the City in connection with this Payment Affidavit. If no
subcontractors or suppliers are listed on the preceding chart or Sales Tax Statements, the Company certifies that no
subcontractors or suppliers were used in performing the Project/Contract for the payment period indicated. Failure to
provide accurate and truthful information is a violation of the Charlotte Business INClusion Policy and may result in the
sanctions prescribed therein.
This day of 20
Signature
Print Name and Title
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Section. 6
Required Forms
REQUURED FORM 8 --NON-DISCR.INTINATION PROVISION •
Rl P 4269-20I8-047 Equipment Rentals and Related Products and Services
All requests for Bids or Proposals issued for City Contracts shall include a certification to be completed
by the Bidder or Proposer in substantially the foIIowing form:
The undersigned Bidder or Proposer hereby certifies and agrees that the fa lowing information is correct:
I. In preparing it's the enclosed Bid or Proposal, the Bidder or Proposer has considered all Bids and
Bids submitted from qualified, potential subcontractors and Company, and has not engaged in
discrimination as defined in Section 2.
2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or
treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or
disability or any otherwise utalawful form of discrimination. Without limiting the foregoing,
discrimination also includes retaliating against any person or other entity for reporting any incident of
discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood
and agreed that, if this certification is false, such false certification will constitute grounds for the City
to reject the Bid or Proposal submitted with this certification, and terminate any Contract awarded
based on such Bid or Proposal It shall also constitute a violation of the City's Commercial Non -
Discrimination Ordinance and shall subject the Bidder or Proposer to any remedies allowed
thereunder, including possible disqualification from participating in City Contracts or Bid processes
for up to two years.
4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the
City all information and documentation that may be requested by the City from time to time regarding
the solicitation and selection of Company and subcontractors in connection with this solicitation
process. Failure to maintain or failure to provide such information shall constitute grounds for the
City to reject the Bid or Proposal and to any Contract awarded on such Bid or Proposal. It shall also
constitute a violation of the City's Commercial Non -Discrimination Ordinance, and shall subject the
Bidder or Proposer to any remedies that are allowed thereunder.
5. As part of its Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances
within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal
or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors,
vendors or suppliers, and a description of the status or resolution of that complaint, including any
remedial action taken.
6. As a condition of submitting a Bid to the City, the Bidder or Proposer agrees to comply with the
City's Commercial Nan -Discrimination Policy as described in Section 2, Article V of the Charlotte
City Code, and consents to be bound by the award of any arbitration conducted thereunder.
NAME OF COMPANY: Herc Rentals Inc.
BY: Jason Oosterbeek TITLE: Vice P ident
SIGNATURE OF AUTHORIZED OFFICIAL:
L-"
DATE: 0 AZI,
RFP 9269-2018-047 Rental Equipment
•
19
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Section 6
Required Forms
REQUIRED FORM 9 —DEBARMENT CERT)< (CATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS
The bidder, or service provider, as appropriate, certifies to the best of its knowledge and belief that neither it nor any
of its officers, directors, managers who will be working under this Contract or persons or entities holding a greater
than 10% equity interest in it (collectively "Principals"):
1. Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any federal or state department or agency in the United States;
2. Have within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state or local) transaction or contract; violation of federal or state
anti-trust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state
or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and
4. Have within a three year period preceding this application/proposal had one or more public transactions
(federal, state or local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or termination
of the award or in some instances, criminal prosecution.. [Select one of the options below by checking associated
box and completing associated blanks.]
0 Option I: I certify to all of the above statements.
40 COMPANY NAME: Herc Rentals Inc,
BY:
(signature-V
PRINT NAME: Jason Oosterbeek
0
TITLE: Vice President
DATE: U
❑ Option 2: I cannot certify to one or more the above statements Attached is my explanation.
COMPANY NAME:
BY:
(signature)
PRINT NAME:
TITLE:
DATE:
Note: If unable to certify (Option 2 is selected), the bidder or service provider may still be
awarded depending upon the explanation offered.
RFP 9269-2018-047 Rental Equipment
20
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract NO. 2019000318
Vendor No. 20941
Exhibit D
Federal Contract Terms and Conditions
This Exhibit is attached and incorporated into the Contract to Provide Equipment Rentals and
Related Products and Services (the "Contract") between the City of Charlotte and Here Rentals
Inc. ("Company"). Capitalized terms not defined in this Exhibit shall have the meanings assigned
to such terms in the Contract_ In the event of a conflict between this Exhibit and the terms of the
main body of the Contract or any other exhibit or appendix, the terms of this Exhibit shall govern.
1. Debarment and Suspension. The Company represents and warrants that, as of the Effective
Date of the Contract, neither the Company nor any subcontractor or subconsultant performing
work under this Contract (at any tier) is included on the federally debarred bidder's list listed
on the government wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549
(3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." If at any point during the Contract term the Company or any subcontractor
or subconsultant performing work at any tier is included on the federally debarred bidder's
list, the Company shall notify the City immediately.
Record Retention. The Company certifies that it will comply with the record retention
requirements detailed in 2 CFR § 200.333. The Company further certifies that vendor will
retain all records as required by 2 CFR § 200.333 for a period of three years after it receives
City notice that the City has submitted final expenditure reports or quarterly or annual
financial reports, as applicable, and all other pending matters are closed.
Procurement of Recovered Materials. The Company represents and warrants that in its
performance under the Contract, the Company shall comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
4. Clean Air Act and Federal Water Pollution Control Act. Company agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA)
Energy Efficiency. The Company certifies that the Company will be in compliance with
mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Pub. L. 94-163, 89 Stat. 871).
6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Company certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Company, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract N0, 2019000318
Vendor No. 20941
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal Loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of and Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement,
the Company shall complete and submit Standard Fonn—LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions [as amended by "Government wide
Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
c. The Company shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is
in excess of $100,000 and involves the employment of mechanics or laborers, the Company
must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. These requirements do not apply to the
Purchases of supplies or materials or articles ordinarily available on the open market, or
purchases of transportation or transmission of intelligence.
Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and
the City wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment of performance or experimental,
developmental or research work thereunder, the City must comply with 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract#:2019000318
Amendment#: 1
Vendor#: 20941
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FIRST AMENDMENT TO THE AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED
PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 151h day of July 2019,
by and between Herc Rentals Inc, a corporation doing business in North Carolina (the "Company'), and the
City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the
"Contract") pursuant to which the Company agreed to provide Equipment Rentals and Related
Products and Services for the City of Charlotte.
B. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this First Amendment by reference.
2. Defined terms used in this First Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. This First Amendment incorporates an updated 2019 Equipment List and Gold and Platinum Pricing
Schedules as specified in Exhibit A (attached) and becomes effective on July 15, 2019.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
[Signature Page Follows]
HERC RENTALS INC, July 15, 2019
2019000316-1
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract#:2019000318
Amendment#: 1
Vendor#: 20941
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this First Amendment to be executed as of the date first
written above.
HERC RENTALS INC.
BY: �-
(signaf e)
PRINT NAME: Jason Oosterbeek
TITLE: Vice President
DATE: 7/15/19
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY:�tK—alt- 14tz�
(signature) ��]]
PRINT NAME:G./ �IMdYz�
TITLE:. jcul�44 t Gast.
/ DATE: '% Z/ 7 oR O I
HERC RENTALS INC. Jury 15, 2019
2019000318-1
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract#: 2019000318
Amendment#: 2
Vendor#: 20941
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
THIS SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND
RELATED PRODUCTS AND SERVICES (this "Second Amendment") is made and entered into this 1st day
of January 2020, by and between Herc Rentals Inc, a corporation doing business in North Carolina (the
"Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the
"Contract") pursuant to which the Company agreed to provide Equipment Rentals and Related
Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on July 15, 2019 to
incorporate an updated equipment list and gold and platinum pricing schedules.
C. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by
reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to
such terms in the Contract.
3. This Second Amendment incorporates an updated 2020 Equipment List and Gold and Platinum
Pricing Schedules as specified in Exhibit A (attached) and becomes effective on January 1, 2020.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
[Signature Page Follows]
HERC RENTALS INC. January 1, 2020
2019000318-2
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract#:2019000318
Amendment#: 2
Vendor#: 20941
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this First Amendment to be executed as of the date first
written above.
HERC RENTALS INC.
]E
(signature)
PRINT NAME: J41504A �es-{<♦,bse�.�
TITLE:
DATE:
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY:
(signature)
PRINT NAME:
TITLE: �u
DATE:
HERC RENTALS INC. January ?, 2020
2019000318-2
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
Exhibit A
2020 OMNIA GOLD PRICING SCHEDULE
NERC RENTALS INC.
2019000318-2
Contract#-2019000318
Amendment#: 2
Vendor#: 20941
January 9, 2020
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
Contract#:2019000318
Amendment#: 3
Vendor#: 20941
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND
RELATED PRODUCTS AND SERVICES (this "Third Amendment') is made and entered into this 1st day of
January 2021, by and between Herc Rentals Inc, a corporation doing business in North Carolina (the
"Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the
"Contract") pursuant to which the Company agreed to provide Equipment Rentals and Related
Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on July 15, 2019 to
incorporate an updated equipment list and gold and platinum pricing schedules.
C. The City of Charlotte and the Company agreed to amend the contract on January 1, 2020 to
incorporate an updated equipment list and gold and platinum pricing schedules
D. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Third Amendment by reference.
2. Defined terms used in this Third Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. This Third Amendment incorporates an updated 2021 Equipment List and Gold and Platinum Pricing
Schedules as specified in Exhibit A (attached) and becomes effective on January 1, 2021.
4. Both parties agree that the Company has the option to recover any administrative or contract fees
imposed by any Participating Public Agency.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
[Signature Page Follows]
HERC RENTALS INC. January 1, 2020
2019000318-2
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
Contract#:20190 00318
Amendment#: 3
Vendor#: 20941
1N WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this First Amendment to be executed as of the data First
written above.
HERC RENTALS INC
BY:
{signature}
PRINT NAME-
TITLE:
DATE:
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY:
(signature)
PRINT NAME:
TITLE:
DATE:
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
CITY OF
CHARLOTTE
Digital Contract Routing Form
Non -Encumbered
Date Submitted:
December 02, 2020
Submitted by: Genetta N. Carothers Submitteremail:gcarothers@charlottenc.gov
Contract #: 2019000318 Amendment #: 3
Contract Name: Equipment Rentals and Related Products and Services
Vendor Legal Name: Herc Rentals, Inc.
Vendor#:20941
REQUIRED ATTACHMENTS):
Use the Paperclip icon to attach a full Contract Document Routing Packet for review by the authorized
City individual with signature authority. The Routing Packet MUST include all required components per
the direction provided at:
https://cnet/kbus/finance/Finance/pm/P apes/C ontract- Review. asp
x
The following signatures, once completed, shall be incorporated by reference into the contractual
document identified above.
City of Charlotte
�7/ccro� �. �flucao�c
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract #: 2019000318
Amendment #: 4
Vendor #: 20941
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
THIS FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS
AND RELATED PRODUCTS AND SERVICES (this "Fourth Amendment") is made and entered into this
23rd of August 2021, by and between Herc Rentals, Inc., a corporation doing business in North Carolina (the
"Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the
"Contract") pursuant to which the Company agreed to provide Equipment Rentals and Related
Products and Services for the City of Charlotte.
B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold
and platinum pricing schedules.
C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and
gold and platinum pricing schedules.
D. The parties amended the Contract on January 1, 2021 to incorporate an updated equipment list and
gold and platinum pricing schedules and the option to recover any administrative or contract fees
imposed by any Participating Public Agency.
E. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties
hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Fourth Amendment by reference.
2. Defined terms used in this Fourth Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. The Pricing Schedules in Exhibit A of the Contract is hereby replaced in its entirety due to the addition
of new equipment which are attached hereto as Exhibit A. 1.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed
as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the
Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and
effect.
[Signature Page Follows]
HERC RENTALS, INC.
AMENDMENT FOUR
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
Contract #: 2019000318
Amendment #: 4
Vendor #: 20941
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Fourth Amendment to be executed as of the date first
written above.
HERC RENTALS, INC. CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY: / //� / BY:
(signature)
PRINT NAME: ; \Aalj =0666r PRINT NAME:
TITLE: TITLE:
DATE: �Z% DATE:
HERC RENTALS, INC.
AMENDMENT FOUR
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
CITY OF
CHARLOTTE
Digital Contract Routing Form
Non -Encumbered
Date Submitted: September 02, 2021
Submitted by: Genetta Carothers Submitter email: genetta.carothers@charlottenc.gov
Contract #: 2019000318 Amendment #:4
Contract Name: Equipment Rentals and Related Products and Services
Vendor Legal Name: Herc Rentals, Inc.
Vendor #:20941
Tres, once completed, shall b
document ider
L�qa
zed
per
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
Contract#: 2019000318
Amendment#: 5
Vendor#: 20941
FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
THIS FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND
RELATED PRODUCTS AND SERVICES (this "Fifth Amendment") is made and entered into this 1st of
January 2022, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina (the
"Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated November 1, 20108 (the
"Contract") pursuant to which the Company agreed to provide equipment rentals and related products
and services for the City of Charlotte.
B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold
and platinum pricing schedules.
C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and
gold and platinum pricing schedules.
D. The parties amended the Contract on January 1, 2021 to incorporate an updated equipment list and
gold and platinum pricing schedules and the option to recover any administrative or contract fees
imposed by any Participating Public Agency.
E. The parties amended the Contract on August 23, 2021 to replace the Pricing Schedules due to the
addition of new equipment.
F. The parties now desire to amend the Contract to make adjustments to unit pricing, to replace the
Commercial Non -Discrimination clause and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties
hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Fifth Amendment by reference.
2. Defined terms used in this Fifth Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. The Gold and Platinum Pricing Schedules in Exhibit A of the Contract is hereby replaced in its entirety
due to the average rate change of four tenths of one percent (.4%) which are attached hereto as Exhibit
A.2.
4. Section 34 of the Contract ("Required By City Ordinance: Commercial Non -Discrimination") is
hereby replaced in its entirety as provided below:
REQUIRED BY CITY ORDINANCE: COMMERCIAL NON-DISCRIMINATION. Herc
Rentals, Inc. agrees to comply with the Non -Discrimination Policy set forth in Chapter 2, Article V
of the Charlotte City Code, which is available for review at
HER RENTALS, INC.
AMENDMENT FIVE
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract#: 2019000318
Amendment#: 5
Vendor#: 20941
http:Hlibrary.municode.com/index.aspx?clientId=19970 and incorporated herein by reference. Herc
Rentals, Inc. consents to be bound by the award of any arbitration conducted thereunder."
Except to the extent specifically provided above, this amendment shall not be interpreted or construed
as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the
Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and
effect.
[Signature Page Follows]
HER RENTALS, INC.
AMENDMENT FIVE
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract#: 2019000318
Amendment#: 5
Vendor#: 20941
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Fifth Amendment to be executed as of the date first
written above.
HERC RENTALS, INC.
BY:
(s� tature)
PRINT NAME: Jason Oosterebeek
TITLE: Vice President
DATE:
12/ 14/2021
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
I:l's
(signature)
PRINT NAME:
TITLE:
DATE:
HER RENTALS, INC.
AMENDMENT FIVE
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
CITY OF
CHARLOTTE
Digital Contract Routing Form
Non -Encumbered
Date Submitted: January 04, 2022
Submitted by: Genetta N. Carothers Submitter email: genetta.carothers@charlottenc.gov
Contract #: 2019000318 Amendment #:5
Contract Name: Equipment Rentals and Related Products and Services
Vendor Legal Name: Herc Rentals, Inc.
Vendor #:20941
Tres, once completed, shall b
document ider
L�qa
zed
per
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
Contract#: 2019000318
Amendment#: 6
Vendor#: 20941
SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
THIS SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND
RELATED PRODUCTS AND SERVICES (this "Sixth Amendment") is made and entered into this 1st of
February 2022, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina
(the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the
"Contract") pursuant to which the Company agreed to provide equipment rentals and related products
and services for the City of Charlotte.
B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold
and platinum pricing schedules.
C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and
gold and platinum pricing schedules.
D. The parties amended the Contract on January 1, 2021 to incorporate an updated equipment list and
gold and platinum pricing schedules and the option to recover any administrative or contract fees
imposed by any Participating Public Agency.
E. The parties amended the Contract on August 23, 2021 to replace the Pricing Schedules due to the
addition of new equipment.
F. The parties amended the Contract on January 1, 2022 to incorporate an updated equipment list and
gold and platinum pricing schedules and to replace the Commercial Non -Discrimination clause.
G. The parties now desire to amend the Contract to delete and replace the CBI Form 4 documents and to
incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties
hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Sixth Amendment by reference.
2. Defined terms used in this Sixth Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. The parties have agreed to remove Cook Truck Equipment & Tools, Donald Gardners Paint & Body,
Inc., Eastway Wrecker Service, Inc., Shoreline Trucking LLC, and Streeter Trucking Company as
subcontractors. The parties have agreed to add Chavez Transport, Joey's Truck Repair, Mecklenburg
Fleet, and Motus Logistics as subcontractors to satisfy the aggregate MWSBE Goal. Accordingly, the
CBI Form 4 documents ("Letter of Intent") for the removed subcontractors that appeared in Exhibit
C of the original Contract are hereby deleted from the Contract and are replaced by the completed
CBI Form 4 documents that are attached to this Amendment as Exhibit C. 1.
HER RENTALS, INC.
AMENDMENT SIX
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract#: 2019000318
Amendment#: 6
Vendor#: 20941
Except to the extent specifically provided above, this amendment shall not be interpreted or construed
as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the
Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and
effect.
[Signature Page Follows]
HER RENTALS, INC.
AMENDMENT SIX
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract#: 2019000318
Amendment#: 6
Vendor#: 20941
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Sixth Amendment to be executed as of the date first
written above.
HERC RENTALS, INC.
BY:
(s,inature)
PRINT NAME: Jason Oosterbeek
TITLE: Vice President
DATE: 2/l/2022
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
I:l's
(signature)
PRINT NAME:
TITLE:
DATE:
HER RENTALS, INC.
AMENDMENT SIX
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
CITY OF
CHARLOTTE
Digital Contract Routing Form
Non -Encumbered
Date Submitted: February 08, 2022
Submitted by: Genetta N. Carothers Submitter email: genetta.carothers@charlottenc.gov
Contract #: 2019000318 Amendment #:6
Contract Name: Equipment Rentals and Related Products and Services
Vendor Legal Name: Herc Rentals, Inc.
Vendor #:20941
Tres, once completed, shall b
document ider
L�qa
zed
per
DocuSign Envelope ID: EEMBC20-713AE-4944-131 FC-A56313178B5613
EXHIBIT CA - CBI FORM 4: LETTER OF INTENT
Contract#: 2019000318
Amendment#: 6
Vendor#: 20941
HER RENTALS, INC.
AMENDMENT SIX
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
CUI FORM 4: Letper of Went
Per Part S, Section 3.4 and Part C, Sn- m 2.1 of the CBi Palicyr wlkhin three 0) OL2slr+esE Rrys after'@U' 1n8 a reCueit from the itty j�rwichho w.>+
Iongertime as may ba c�amrnvnlcWwd by the CMy In wHtirmg a Bidder mu t submit isS9Pofat+Letter of Intsrit Far eac>i NfB�.1iV8� or $iaE pst.d On
Cim Farm 9 and Cal Fe"n 9A jifappNeahl*I, —
Equipment Rentats and Related Products and SON1006
68-2018-047
Jlddtass: � 3�►' i.n- La�+1f) �c {t i.- �� —
pn5ail:{til r�s a5
CGiStdGY Pef50n:--
..� •- r Fax:
�eie hone: •-
If the Bidder hU enured Loto a tluirk Pay Arvemcn4In assoclatlae with this Letter of intent,,W as dernd-d In the CM PCOLY, f atgch a C"PY
a F the eKetuW AFeernertt wAh the undar4ned NISE, WSIF, of 50-
ldentJr'd in complete Ietall the scope of work W be VerfOMM411 OrM wTO tq 40suWled by the Mal -, WSE, 00
Lo S` 1
fastpf wprk to he performed byJ41f3E, WISE, or
w or SBE' +�
dtir�s:
,S42Sr' s Net
1C"flrtidCf p�JSaRr �—j��-fd
i.--
Uponxetvtlan 4f a Prjrne Corltract+tMith tl+a• Oiy for the a bo� ►voFkF tube }�erfo m d by'tPlerMe E IAfSE, 0 5B1< as desalt auv aBIsEam Irsrte. the
ifsted a�ovt, and that tfae dwofption, cost Dud Peroerlta ties for th9 amount stated above.
n�ac w .F. or 5BW flan owtffles t hat It has aBreeai to provide sutftiwnrirJst�GP
Version 05-2020
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
•°U'I n ®WSION
CBI FORM 4: Letter of Intent
Per Part B, Section 3.4 and Part C, Section 2.1 of the CBI Policy, within three (3) Business Days after receiving a request from the City (or within such
longer time as may be communicated by the City in writing), a Bidder must submit a separate Letter of Intent for each MBE, WBE, or SBE listed on
CBI Form 3 and CBI Form 3A (if applicable).
Equipment Rentals and Related Products and Services
269-2018-047
To be completed by the Bidder
Name of Bidder: JA b U, a-V& Vendor #:
Address: QIDk W btkm W I31.VL?
Contact Person: %AVj--Q " PI-NCiF, V Emall: F; V . f tH )�►=�(LL-Ctc�.0 M,�.4J�
Telephone: I f3t4' 5bLV- (J4)— 3cl Fax:
If the Bidder has entered into a Quick Pay Agreement, In association with this Letter of Intent and as defined In the CBI Policy, please attach a copy
of the executed Agreement with the undersigned MBE, WBE, or SBE.
Identify In complete detail the scope of work to be performed oritem(s) to be supplied by the MBE, WBE, o SBE.
Cost of work to be performed by MBE, WBE, o SBE: $ l ow p (o, `a
To be completed by MBE, WSE, or SBE
Name of MBE, WBE or SBE oK—S V 12+- A L Vendor#: 3t-,L1 ijq
Address: ZfD+�i 11i . b b 5s CAI;t -
ontactPerson: Email: ' • Y 2 G1
ele hone: —1OLt` '�'12 3'L� t; Fax:
Upon execution of a Prime Contract with the City for the above referenced project, the Bidder certifies that it Intends to utilize the MBE, WBE, or SBE
listed above, and that the description, cost and percentage of work to be performed by the MBE, WBE, or SBE as described above is accurate. The
MBE, WBE, or SBE firm certifies that It has agreed to provide such work/supplies for the amount stated above.
Bidder:
and
MBE/WBE/SBE
brc,AC�1MGnQS
Date: //I f/
Date: 1— ( '� " '1w
Version 06-2020
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
euNMR(DWSION
COI FORM 4-. Letter of intent
Per Part B, Section 3.4 and Part C, Section 2.1 of the Col Policy, wlthirl three (3) I3uslness Days after receiving a request from the City (or within such
longer time as may be communicated by the City in wrlUng), a Bidder must submit a separate letter of Intent for each MBE, WOE, or SSE listed on
CBI Form 3 and CBI Form 3A (if applicable).
project Name: I Equipment Rentals and Related Products and Services
Project Number: 1269 2018-047
70,4e completed by the Bidder
Name of Bidder: Epu Vendor#: ROD OD r 7—q 7-
Address: ' CYID vl eW &, Q1.kq . Qyar:car �� n L 3
Contact Person:
Telephone: Z -7 {}, 14 — ! �7 (f Fax:
If the Bidder has entered into a Quick Pay Agreement, In association with this letter of Intent and as defined in the CBl Policy, please attach a COPY
of the executed Agreementwith the undersigned MBE, WBE, or SBE.
Identify Incomplete detail the scope of work to be performed or item(s) to be supplied by th M8E WBE, or SBE.
Cost of work to b�eperfortned y MBE WBE, ar SBE:
To be completed by MBE, WBE, or SSE
of MOE, WBE or SSE
Person:
Email VGh'c Y -' ."t'0' 1.0
Fax: �� �`S11 id
Upon execution of a Prime Contract with the City forthe above referenced project, the Bidder certifies that it intends to utilize the MSE, WBE, or SBE
listed above, and that the description, cost and percentage of work to be performed by the MBE, WBE, or SBE as described above is accurate. The
MBE, WBE, or SSE firm certifies that it has agreed to provide such work(supplies for the amount stated above.
L \ '-\U
Pot,
�
Ci
�r 4
4L
Q
Version 06-2020
D
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A563B178B56B
N� ;QLUSIQN
C81 FORM 4: Letter of Intent
Per Part B, Section 3.4 and Part C. Section 2.1 of the CBI Policy, within three (3) Business Days after receiving a request from the city (or within such
longer time as may be communicated by the City In writing), a Bidder must submit a separate Letter of intent for each MBE, WBE, or SSE listed on
CBI Form 3 and CBI Form 3A (if applicable),
Project Name, Equipment Rentals and Related Products and Services
Project Number. 269_2018-047
To be completed by the Bidder 1t !
Name of Bidder: ^ (j ,S— Vendor#: of v(�6 �I�
Address: � J�UV V`��1�w -Q10,0 1'L �L��
Contact Person: �I y, /� Email: Dire to'.)
Telephone: L4-1 � Z IN Fax:
If the Bidder has entered Into a Quick Pay Agreement, in association with this Letter of Intent and as defined In the CBI Policy, please attach a copy
of the executed Agreement with the undersigned MBE, WBE, or SBE.
Identify In complete detail the scope of work to be performed or Item(s) to be supplied byth MBE WBE, or SSE.
Cost of work to be performed y MBE, SE, or SBE:
To be completed by MBE, WBE, or SBE
ame of MBE, WSE or SSE ► is
Person:
(pj cty►c &U+h Drr 9C 5(a Guwiof c N6 28210
�o suclu Nall E 1811: halla)m fusscs• m
ele hone: J '` 2 cv v^
upon execution of a Prime Contract with the City for the above referenced project, the Bidder certifies that It Intends to utilize the MSE, WSE, or SBE
listed above, and that the description, cost and percentage of work to be performed by the MSE, WBE, or SBE as described above is accurate. The
MBE, wBE, or SBE firm certifies that it has agreed to provide such work/supplies for the amount stated above.
Bidder:
Date:
Date:
Circle one 51 nature and nne
Version 06.2020
Q�
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract#: 2019000318
Amendment#: 7
Vendor#: 20941
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE
EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
THIS SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS
AND RELATED PRODUCTS AND SERVICES (this "Seventh Amendment") is made and entered into
this 20th of July 2022, by and between Herc Rentals, Inc., a Florida corporation doing business in North
Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the
"Contract") pursuant to which the Company agreed to provide equipment rentals and related products
and services for the City of Charlotte.
B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold
and platinum pricing schedules.
C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and
gold and platinum pricing schedules.
D. The parties amended the Contract January 1, 2021 to incorporate an updated equipment list and gold
and platinum pricing schedules and the option to recover any administrative or contract fees imposed
by any Participating Public Agency.
E. The parties amended the Contract on August 23, 2021 to replace the Pricing Schedules to the addition
of new equipment.
F. The parties amended the Contract on January 1, 2022 to make adjustments to unit pricing, to replace
the Commercial Non -Discrimination clause and to incorporate certain other changes.
G. The parties amended the Contract on February 1, 2022 to delete and replace the CBI Form 4
documents.
H. The parties now desire to amend the Contract to incorporate an updated equipment list and gold and
platinum pricing schedules, to add a CBI Form 4, and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties
hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Seventh Amendment by reference.
2. Defined terms used in this Seventh Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. The Gold and Platinum Pricing Schedules in Exhibit A of the Contract is hereby replaced in its entirety
due to the addition of new category class equipment and price corrections on category class #715-
1082 which are attached hereto as Exhibit A.3.
HER RENTALS, INC.
AMENDMENT SEVEN
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1 FC-A56313178B56B
Contract#: 2019000318
Amendment#: 7
Vendor#: 20941
4. The parties have agreed to add Mr. Refurbisher as a subcontractor to satisfy the aggregate MWSBE
Goal. Accordingly, the CBI Form 4 documents ("Letter of Intent") are appended by the completed
CBI Form 4 documents that are attached to this Amendment as Exhibit C.2.
Except to the extent specifically provided above, this amendment shall not be interpreted or construed
as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the
Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and
effect.
[Signature Page Follows]
HER RENTALS, INC.
AMENDMENT SEVEN
DocuSign Envelope ID: EE13613C20-713AE-4944-131 FC-A56313178B5613
Contract#: 2019000318
Amendment#: 7
Vendor#: 20941
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Seventh Amendment to be executed as of the date
first written above.
HERC RENTALS, INC.
BY: Z'
(s�Wature)
PRINT NAME: Jason Oosterbeek
TITLE: Vice President
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY:
(signature)
PRINT NAME:
TITLE:
DATE: 8/17/2022 DATE:
HER RENTALS, INC.
AMENDMENT SEVEN
DocuSign Envelope ID: EEB6BC20-7BAE-4944-B1FC-A563B178B56B
CITY OF
CHARLOTTE
Digital Contract Routing Form
Non -Encumbered
Date Submitted: August 22, 2022
Submitted by: Genetta N. Carothers Submitter email: genetta.carothers@charlottenc.gov
Contract #: 2019000318 Amendment #:7
Contract Name: Equipment Rentals and Related Products and Services
Vendor Legal Name: Herc Rentals, Inc.
Vendor #:20941
Tres, once completed, shall b
document ider
L�qa
zed
per