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Contract 30879
CITY SECRETARY CONTRACT NO. 1 $OO r�ent-a�car MASTER RENTAL AGREEMENT This Master Rental Agreement (the"Agreement") is entered into by and between Enterprise Leasing Company of DFW ("Enterprise") and the City of Fort Worth and is effective as of the date it is accepted by November 1 st, 2004( the "Effective Date"). This Agreement supplements and modifies any other agreements entered into by the parties and shall be incorporated herein by reference. Should any conflicts arise between the terms of this Agreement and other agreements entered into between the parties, the terms of this Agreement shall apply. TERM AND TERMINATION This Agreement shall commence on the Effective Date and continue for a period of three years (the "Initial Term"). Thereafter, this Agreement shall automatically renew for two additional one-year periods unless either Enterprise or City of Fort Worth terminates this Agreement as provided herein (the "Renewal Term(s)"). The City of Fort Worth may terminate this Agreement if Enterprise shall default in the performance of any of its obligations or duties under this agreement and such failure shall continue unremedied for a period of thirty (30) days after written notice thereof from The City of Fort Worth. The City of Fort Worth may also terminate this agreement if adequate funding is not appropriated by the Fort Worth City Council. Enterprise may terminate this Agreement in the event The City of Fort Worth shall default in the performance of any of its obligations or duties under this agreement and such failure shall continue unremedied for a period of thirty (30) days after written notice thereof from Enterprise. This Agreement shall apply to all rentals by and between Enterprise and The City of Fort Worth. The terms hereunder are in addition to the terms and conditions of the applicable rental agreement (the "Rental Agreement") entered into between Enterprise and The City of Fort Worth. All terms and conditions of the Rental Agreement (Exhibit A) continue to apply and are expressly incorporated herein by reference with the following exceptions: 1. Section 2 in its entirety shall not apply since the bid establishes rates and payment terms; 2. Section 3.a.(1) shall not apply since the City of Fort Worth will establish all authorized drivers to include eligible employees and volunteers; 3. Section 4; shall be amended by removing the existing clause and replacing it with the following language: "Accidents involving Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter or driver must immediately deliver to the office where vehicle was rented all documents related to claims specifically involving Enterprise's interests arising from such accident. In the event of a claim, suit, or legal proceeding Renter shall provide all information deemed appropriate by the City of Fort Worth." 4. Section 7 in its entirety shall not apply; 5. Section 12 in its entirety shall not apply; 6. Section 18 shall be amended to indicate that vehicles delivered -_ of Fort Worth shall not be equipped with OnStar or another teletn6to y;� V. 1.9 system unless specifically disclosed and agreed to by the City on the delivery receipt in order to protect the privacy of undercover officers; 7. Section 20 shall be amended to indicate that no information may be released to a third party about the renter without the specific written consent of the City of Fort Worth. Invitation to Bid No. 04-0092R with addenda #1 and #2 (Exhibit B) continue to apply and are incorporated herein by reference. Enterprise reserves the right to change the terms and conditions of the Rental Agreement with prior written consent of the City of Fort Worth; however, all changes will be consistent with the original bid award. The terms and conditions of the Rental Agreement shall bind the City of Fort Worth from the time possession of the rental vehicle is accomplished by an employee or agent of the City of Fort Worth and until the rental vehicle is returned to and accepted by Enterprise. ADDITIONAL DRIVERS All Rental Agreements for vehicles will be written in the name of the City of Fort Worth with drivers established solely by the City of Fort Worth without additional written consent from Enterprise. Employees authorized to accept delivery of vehicles on behalf of the City of Fort Worth shall be identified in writing for each department. The City of Fort Worth shall be responsible for validating the drivers license of all employees authorized to drive leased vehicles. The rental charge shall be a direct obligation of the City of Fort Worth and Enterprise agrees that it shall not impose any financial obligation on any City of Fort Worth employee(s) who operates the vehicle. NON-CITY EMPLOYEES AS ADDITIONAL DRIVERS The same terms shall apply to City volunteers driving leased vehicles on behalf of an approved City program. The City shall be responsible for validating the eligibility of the volunteer to drive a leased vehicle. RENTAL RATES During the initial term, as set forth above, rental rates for the vehicles are as stated on Attachment A incorporated herein by reference. Attachment B sets forth any optional products (Supplemental Liability Protection, Collision Damage Waiver, Personal Accident Insurance and/or Personal Effects Coverage), which will be included in the rental rates, charged to the City of Fort Worth. The City of Fort Worth agrees to be bound by the terms, conditions and limitations contained in the rental agreement concerning the optional products. Only those optional products specified to be included in the rental rates will be provided. The City of Fort W orth acknowledges that it has received and reviewed all disclosures contained in the rental agreement relative to the optional products. PRODUCTS The City of Fort Worth may elect to purchase optional products from Enterprise at premium and deductible rates specified in the Attachment B and as identified on each delivery receipt. All vehicles not covered under a plan purchased from Enterprise Rent- A-Car will be covered under the City's self-insurance plan as appropriate. V. 1.9 OPERATORS/UNAUTHORIZED USAGE OF VEHICLES The City of Fort Worth and Enterprise agree that (i) all City of Fort Worth employees or authorized volunteers operating vehicles pursuant to this Agreement will be 21 years or older; (ii) the City of Fort Worth will not knowingly permit the rental vehicle to be used or operated by any person other than an authorized employee while in the course and scope of employment with the City of Fort Worth or volunteers in an approved City program; and (iii) all City of Fort Worth employees and volunteers operating vehicles pursuant to this Agreement must have a valid driver's license in their possession. The City of Fort Worth shall inspect the driver's license of each employee or volunteer to verify that each employee who will operate an Enterprise vehicle has a valid and current drivers license with unrestricted driving privileges. This Agreement shall be construed under and in accordance with Texas law. Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City of Fort Worth and Enterprise, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement shall not be amended unless executed in writing by both parties. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: City of Fort Worth Enterprise Rent A Car ATTN: Kevin Karle, Purchasing ATTN: Lisa Poore 1000 Throckmorton 8200 Camp Bowie West Fort Worth, Texas 76102 Fort Worth, TX 76116 The City of Fort Worth ENTERPRISE Leasing Co. Of DFW V. 1.9 BY: 41x� BY: �10, Joe; iat�iM Its Duly Authorized ployee TITLE: Assts ant /agger TITLE: %1 � � APPROVED AS TO � ^RM AND, LEGALITY: ( '�JILLU� ASSISTANT CITY ATTORNEY ATTESTED BY re Contra(ctt ruthorizatiox Date V. 1.9 ��U RECEIPT AND ACKNOWLEDGEMENT , the agent or employee of The City of Fort Worth, hereby acknowledges delivery, receipt and possession of the following vehicle from Enterprise Rent-A-Car: Make Model License plate Vin# Drivers name This vehicle has been delivered pursuant to the Master Rental Agreement entered into between Enterprise Rent-A-Car and The City of Fort Worth. Optional Products selected: Category CFW Designee/Enterprise Initials: 1. Collision Damage Waiver ($1,000 deductible/$0 premium) 2. Collision Damage Waiver ($0 deductible/$30 monthly premium) 3. Supplemental Liability Protection — 100/300/25 ($0 deductible/$50 monthly premium) 4. Supplemental Liability Protection ($1,000,000 combined single limit ($0 deductible/$75 monthly premium) Delivery date: Time of delivery: The City of Fort Worth BY: Its duly authorized agent or employee J V. 1.9 ��hlbl+ A � n�erprise CUSTOMER COPY PAGE 7 of 4 09CTXFALL04 aoo rent-a-car OWNER OF VEHICLE: BRANCH ADDRESS: H RENTAL souaceu ID a E TYPE • (L�J A U RENTER T START CHARGES IF DIFFERENT ORIGINAL VEHICLE COLOR LICENSE NO _ MODEL ECARX MI I MILE- IN BILL F] COMPANY np AGE 011r TO O ATTN' PHONE EXT LL DRIVEN REFERENCE NUMBER' C N ,om AOREEO TO X p NEH1lA Ol ADDITIONAL AUTHORIZED DRIVERS) EXCEPT AS REQUIRED BY LAW,NONE PERMITTED WITHOUT OWNER'S N O LlI WRITTEN APPROVAL. O Qc IREOUESTOWNER'SPERMISSIONTOALLOW G , a N I] O 0 WHO IS UNDER MV CONTROL AND DIRECTION TO DRIVE VEHICLE FOR ME AND ON MV BEHALF I AM Q O OF THIS FOR THEIR USE OF VEH CRLE BY N UNAUTHORIZED DRIVER WILL AFFECT CONDITIONS CT MY O Z LIABILITY AND RIGHTS MINDER THIS AGREEMENT 0 0 R NT R X > o-usSlnc PERMISSION GRANTED TO OPERATE VEHICLE ONLY IN THE STATE OF RENTAL AND THE FOLLOWING STATE(S). {0 F OUT E fA 114 YE iR YS 31, 711 F SG u UL IN E 1IB 114 YS 112 518 314 710 F OPERATION IN ANY OTHER STATE OR COUNTRY WILL AFFECT YOUR LIABILITY AND RIGHTS UNDER THIS AGREEMENT. C RENTER DECLINES OPTIONAL DAMAGE RENTER ACCEPTS OPTIONAL DAMAGE !T' NOTICE; YOUR RENTAL AGREE- WAIVER(DW)AND ASSUMES DAMAGE WAIVER(DW)AT DAILY FEE SHOWN IN RENTER:X m MENT OFFERS,FOR AN ADDITION- RESPONS113.1 SEE PPGE I.PARAGRAPH 5 COLUMN TO RIGHT SEE NOTICE TO LEFT AL CHARGE,AN OPTIONAL WAIVER AND PAGE 3 PARAGRAPH 15 DN IS NOT TO COVER ALL OR A PART OF INSURANCE YOUR RESPONSIBILITY FOR DAM- RENTER:x AGE TO OR LOSS OF THE VEHICLE. RENTER DECLINES OPTIONAL PERSONAL RENTER ACCEPTS OPTIONAL PERSONAL BEFORE DECIDING WHETHER TO ACCIDENT INSURANCE(PAI) ACCIDENT INSURANCE(PAI)AT DAILY FEE RENTER:X SHOWN IN COLUMN TO RIGHT SEE PAGE 3, PURCHASE THE WAIVER,YOU MAY PARAGRAPH 17. WISH TO DETERMINE WHETHER RENTER x YOUR OWN AUTOMOBILE INSUR- RENTER DECLINES OPTIONAL SUPPLEMENTAL RENT RAC EPTS OPTIONAL SUP- ANCE OR CREDIT CARD AGREE- GASRITY PROTECTION(SLP).SEE PAGE Z PLEMENTAL UABIUTY PROTECTION RENTER:X MENT PROVIDES YOU COVERAGE d• ISLP)AT DAILY FEE SHOWNWCOL- FOR RENTAL VEHICLE DAMAGE RENTER:Y COL- UMN GHT SEE NQ TIGE BELON - JANDPAGE''PAPAfaRAPN 1e. OR LOSS AND DETERMINE THE ACKNOWLEDGMENT OFTHE ENTIRE AGREEMENT, AMOUNT OF THE DEDUCTIBLE WHICH CONSISTS OF PAGES 1 THROUGH 4. UNDER YOUR OWN INSURANCE (HAVE READ AND AGREE TO THE TERMS AND CONDITIONS ON PAGES I THROUGH 4 OF THIS AGREEMENT AND BY MY COVERAGE. THE PURCHASE OF IING OWNER SIGNATURE O PROCESS ACHARGES NON MYNCREDIT CARD(S)MANDIOR DEBIT FOR FORA AE THE WAIVER IS NOT MANDATORY DEPOSITS.INCREMENTAL AUTHORIZATIONSIDEPOSITS,AND CHARGES INCURRED AS WELL AS PAYMENTS THE WAIVER IS NOT INSURANCE. BaMEO 8 CURRENTLYAVAUD4°AND IB NOT SUSPENDED,EXPIRED,I%mKED,CANCELLLED OR SURREN{DER D• REPLACEMENT VEHICLE RENTER:X DATE A u OWNER EMPL. E r REP X # COLOR LICENSE NO I WILL RETURN CAR BY: DEPOSIT(S): DATE TIME AMOUNT PAID BY DATE PAID MODEL ECARY MILE- IN AGE OUT DRIVEN NOTICE: BY INITIALING BELOW RENTER ACKNOWLEDGES RECEIPT OF THE FOLLOWING DISCLOSURE:"YOU MAY NOT NEED THE AUTOMOBILE caNDD1DN ACREEn ro , INSURANCE OFFERED BY ENTERPRISE RENT-A-CAR. YOUR TEXAS AUTO- TOTAL CHARGES BEN—BE TEF MOBILE INSURANCE POLICY PROVIDES COVERAGE FOR YOUR LIABILITY WHILE OPERATING A RENTAL VEHICLE. AUTOMOBILE POLICIES ISSUED IN DEPOSITS O q m OTHER STATES OR COUNTRIES MAY ALSO DUPLICATE THIS COVERAGE. C m THE PURCHASE OF AUTOMOBILE RENTAL LIABILITY INSURANCE IS NOT REFUNDS Q OQ m o REQUIRED AS A CONDITION OF RENTING AN AUTOMOBILE O RENTER: DATE: DE • O z 0 E] ADDITIONAL INFORMATION CLOSED BY W. awss'�a PAID BY CASH CHECK CHARGE F OUT E 1/8 114 3M 112 510 14 7/8 F E RECEIPT OF DATE AMOUNT RECEIVED BY CASH REFUND L IN E Ile 114 318 112 518 314 718 F OWNER IS AN AFFILIATE OF ENTERPRISE RENT-A-CAR COMPANY WHICH OWNS ALL RIGHTS TO ENTERPRISE NAMESAND MARKS. ©ENTERPRISE LEASING COM ANY'OF QFW, Q4; PAGE 2of4 ADDITIONAL TERMS AND CONDITIONS 09CTXFALL04 Renter agrees by Renter's signature on Page 1 of this Agreement that Renter has read,is aware of,and (10) Renter shall not transfer or assign this Agreement and/or sublease Vehicle. accepts full responsibility for and is bound by the terms and conditions contained in this Agreement which (11) Vehicle shall not be used to transport explosives,chemicals,corrosives or other hazardous consists of Pages 1 through 4.Renter expressly acknowledges that Renter and Owner are the only parties materials or pollutants of any kind or nature. to this Agreement,notwithstanding that a reservation for Vehicle may have been arranged by a third party; b. In the event of any violation of the limits on use or any other provision of this Agreement,Owner auto- that a third party may pay for all or part of the rental bill;and/or that a third party may negotiate certain terms matically,without any further notice to Renter or Authorized Additional Driver(s),terminates their right of the rental,including but not limited to the type of Vehicle,length of rental,rental rate end/or selection of to use Vehicle and Owner retains any other rights and remedies provided by law.Owner has the right optional products.Renter authorizes Owner to verify through credit agencies or other sources the personal to seize Vehicle without legal process or notice to Renter or Additional Authorized Driver(s). Renter and credit information provided by Renter.This Agreement,is the entire Agreement between Renter and and Additional Authorized Driver(s)hereby waive all claims for damages connected with such seizure, Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed and shall pay all expenses incurred by Owner in returning the Vehicle to the original rental office. by Renter and Owner. c. If Renter or Additional Authorized Drivers)continue to operate Vehicle after the right to do so is ter- 1.OwnersNWehicle CondMfoniWananty Exclusion.Owner for the purposes of this Agreement is the'OWNER minated,Owner has the right to notify police Vehicle has been stolen. Renter and Additional OF VEHICLE"shown on the top of Page 1.Renter acknowledges that the rented Vehicle("Vehicle")is,by owner- Authorized Driver(s)hereby release and discharge Owner from any liability arising from such notice. ship,beneficial interest or lease,property of Owner,even if owned,registered or titled to a third party.Renter agrees 4.Accidents.Accidents involving Vehicle must be immediately reported in writing to the office where Vehicle Renter received Vehicle in good physical and mechanical condAlon.RENTER IS RENTING VEHICLE'AS IS"AND was rented,and in no event later than the following business day after the accident.Renter or driver must HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ITS OPERATION BEFORE LEAVING immediately deliver to the office where Vehicle was rented every process,pleading or paper relating to any OWNER'S PREMISES.OWNER EXCLUDES ALL WARRANTIES,BOTH EXPRESS AND IMPLIED,WITH claims,suits and proceedings arising from such accident.In the event of a claim,suit or legal proceeding, RESPECT TO THE VEHICLE,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS Renter and driver shall cooperate fully with Owner. FOR A PARTICULAR PURPOSE.If Renter determines Vehicle is unsafe,Renter shall stop operating Vehicle and 5. Damage to.Loss or Theft of.Vehicle and related costs.Renter accepts responsibility for damage to,loss or notify Owner immediately.Renter agrees to return Vehicle to Owner on or before return date stated on Page 1 of theft of,Vehicle or any part or accessory regardless of fault or negligence of Renter or any other person or act of this Agreement or on Owner's demand and in same conditon as received,ordinary wear and tear excepted. God.Renter shall pay the amount necessary to repair Vehicle.However,if Vehicle is stolen and rat recovered or 2.Payment by Renter. Owner determines Vehicle is salvage,Renter shall pay Owner the fair market value less any sale proceeds.For a. "Base Rental Rate': purposes of this Agreement,fair market value shall be the retail value of Vehicle immediately preceding the loss. (1) For all daily items designated as"/day"on Page 1: Damages for which Renter is also responsible include but are not limited to:loss of use,claim administrative fees, I. If Page 1 indicates'day=24 hour period',a day is each consecutive 24 hour period, diminishment of value,towing,storage or impound fees,and other costs incurred by Omer to recover Vehicle ii. If Page 1 indicates day=calendar day,a day is each consecutive full or partial calendar day and to establish damages.If Ranter returns Vehicle during non-business hours or to any pace other than the orig. iii.All charges are for a minimum of 1 day. inal rental office,Renter is responsible for any and all damages unfit an employee of Omer checks in Vehicle. (2) For all rental terms shown as'Mreek"or'/month*on Page 1: SEE PARAGRAPH 15 FOR INFORMATION ON OPTIONAL DAMAGE WAIVER. I, If Page 1 indicates"Aveek"a week is 7 consecutive days beginning at the start time of the rental. 8. Resoonslbilb to Third Parties.Owner complies with applicable motor vehicle financial responsibility laws as ii. If Page 1 indicates'/month"a month is 30 consecutive days beginning at the start time of the a state cefifed selfinsurer,bondholder,or cash depositor.Except to the extent required by the motor vehicle rental. financial responsibility laws of the applicable state or otherwise by law,Owner does not extend any of its motor (3) Renter shall pay Owner on demand as set forth on Page 1: vehicle financial responsibility or provide insurance coverage to Renter,Additional Authorized Driver(s),passer, t. The day and hour charges from the time Renter rented Vehicle until Vehicle is returned to Owner gars or third parties through this Agreement.If valid automobile liability insurance or self insurance is available on (the Rental Period).The hourly charge if shown on Page 1 shall apply to each full or partial hour in any basis of Renter,Additional Authorized Driver(s)or any other driver and such insurance or self insurance sat- excess of a rental day.The hourly charges shall not exceed the cost of one additional day.If Renter isfies the applicable state motor vehicle financial responsibility law,then Owner extends none of its motor vehicle returns Vehicle during non-business fours or to any place other than the original rental office, financial responsibility. However,If Renterarxl/orAddttlonalAuthorizedDriverisincompliancewiththetermsand Renter is responsible for all rental charges until an employee of Owner checks in Vehicle. conditions of this Agreement and if Owner is obligated to extend its motor vehicle financial responsibility to Renter, ii. The taxes,fees and other charges. Additional Authorized Driver(s)or third parties,then Owner's obligation is limited to the applicable state minimum b. Optional Charges.In addition to the charges included in the'Base Rental Rate"above,Renter shall financial responsibility amounts.Unless required by law,Owner's financial responsibility shall not extend to any pay Owner on demand as set forth on Page 1 of this Agreement: claim made by a passenger while riding in or on or getting in or out of Vehicle.Owner's financial responsibility shall (1) The mileage charge per mile for all miles exceeding the free miles set forth on Page 1 permitted rat extend to liability imposed or assumed by anyone under any worker's compensation act,plan or contract.SEE for the Rental Period. PARAGRAPH 16 FOR INFORMATION ON OPTIONAL SUPPLEMENTAL LIABILITY PROTECTION. (2) The optional services and/or products charges for those items accepted by Renter. 7. Indemnification by Renter.Renter shall defend,indemnify and hold Owner harmless from all losses,liabili- (3) The fuel charge at the rate shown on Page 1 of this Agreement.If based on consumption,for the dif- ties,damages,injuries,claims,demands,costs,attorney fees,and other expenses incurred by Owner in any ference in fuel level if Vehicle is returned with less fuel than when rented.Renter shall not receive a manner from this rental transaction,or from the use of Vehicle by any person,including claims of,or liabilites to, refund or credit if Vehicle is returned with more fuel than when Renter received ft. third parties.Renter may present a claim to Renter's insurance carver for such events or losses;but in any event (4) The drop charge sham on Page 1 where Renter has indicated an intent to return the Vehicle to an Renter shall have final responsibility to Owner for all such losses.This obligation may be limited 9 Renter elects office other than where Renter rented the Vehicle, to purchase optional DW and/or optional SLP. SEE PARAGRAPHS 15 AND 16 FOR INFORMATION ON c. Additional Obligations of Renter—Unless prohibited by law,Renter shall pay Owner on demand: OPTIONAL DAMAGE WAIVER AND SUPPLEMENTAL LIABILITY PROTECTION. (1) A vehicle recovery fee of$100.00 or$.50 per mile between return location and original rental 8. Personal Inlury Protection and Uninsured/Underinsured Motorist Protection.Except as required by office,whichever is greater,if Renter returns Vehicle to a location other than the original rental law,Owner does not provide Personal Injury Protection,No Fault Benefits or Medical Payment Coverage office unless a drop charge as specified above has been shown on Page 1,and Renter returns (collectively PIP)or Uninsured/Underinsured Motorist Protection(UMIUIM)through this Agreement. the Vehicle to the location shown for that drop charge. 9. Personal Prooea.Owner is not responsible for any damage to or theft of Renter's personal properly, (2) For damage to or theft of Vehicle,indudkg all related costs(see paragraph 5),if Damage Waiver,as whether the damage or theft occurs during or after termination of the rental transaction.Renter acknowledges described in paragraph 15,does rat apply, and agrees that no bailment is or shall be created upon Owner,whether actual,constructive or otherwise,for (3) All fines,costs and attorney fees for legal violations incurred by Owner against Vehicle,driver or Owner any personal property carried in or left in Vehicle or on Owner's premises. occurring during the Rental Period,unless caused by Omer.Owner may charge an administrative fee. 10.Use in Mexico.Vehicle shall not be taken into Mexico without Owner's prior written consent.Even with (4) Alate charge of 11/2%per month,rat to exceed tlhe maximum allowable by law,on all charges rat paid Owner's prior written consent,DW,PAI and SLP do not apply in Mexico.Renter must maintain or purchase within 30 days after the end of the Rental Period. insurance which shall apply in Mexico,as specified and approved by Owner,prior to taking Vehicle into Mexico. (5) All expenses incurred by Owner in the collection of amounts due Owner under this Agreement or in 11.Third Pfllty Proceeds.If a third party,including,without limitation,an insurance company,authorizes pay- regaining possession of Vehicle or in enforcing any term or condition of this Agreement,including actor- ment of any amount owed by Renter under this Agreement,Renter hereby assigns to Owner Renter's right lo neys'f",,Owner's administrative fees,and any other costs or expenses incurred by Owner receive such payment.Only those amounts actually paid by a third party to Omer shall reduce the amount IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECU. owed by Renter under this Agreement;provided however,certain third parties may have agreed to pay Owner RITY,RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S)ALL AMOUNTS a flat fee for this rental in lieu of Owner's"/day'charges or the per diem benefits under the applicable insurance OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS policy.In such event the flat fee might exceed or be less than:the normal'/day'charges as calculated under DIRECTED REFUSES TO MAKE PAYMENT,RENTER AUTHORIZES OWNER TO SUBMIT FOR PAY. this Agreement or the per diem benefits.In such event the flat fee might exceed or be less than:the normal MENT CHARGES ON RENTER'S CREDIT CARD(S)AND/OR DEBIT CARD(S).Owner limits the amount '/day'charges as calculated under this Agreement or the per diem benefits under the applicable insurance pok of available cash in each of its offices.Therefore,upon return of Vehicle rented with a cash deposit,any icy.Regardless of the amounts paid under such bat fee agreement,third party payments shall not be applied to: excess cash or cash equivalent may be refunded by check issued by Owner's administrative offices,which vehicle upgrades or optional products(beyond those provided by the third party);or,rental days beyond those refund may take several days.All charges are subject to final audit by Owner. specified by the third party.Renter remains responsible for all charges not paid by the third parties,such as 3.Limft6 on Use and Termination of Right to Use. charges for vehicle upgrades,optional products,extra rental days,and all other charges. a. Renter agrees to the following limits on use: 12.Power of Attorney.Renter hereby grants and appoints to Owner a Limited Power of Attorney: (1) Vehicle shall not be driven by any person other than Renter or Additional Authorized Driver(s)with- a.To present insurance claims of any type to Renter's insurance carder lf out Owner's prior written consent. 1.Vehicle is damaged,lost or stolen during the Reid Period and 9 Renter fails to pay for any damages;or (2) Vehicle shall not be used for transporting persons or property for hire or driver training. ii.Any liability claims against Owner arise in connection with this rental transaction and Renter fails to (3) Vehicle shall not be used for any illegal purposes,in any illegal or reckless manner,in a race or defend,indemnify and hold Owner harmless from such claims; speed contest,or to tow or push anything. b.To endorse Renter's name to entitle Owner to receive insurance payments directly for any such claims, (4) Vehicle shall not be used to tarty passengers in excess of the number of seat belts provided by damages,liabilities or rental charges. manufacturer. 13.Severebllity.If any provision of this Agreement is determined to be unlawful,contrary to public policy, (5) Renter shall not remove any seats from Vehicle. void or unenforceable,all remaining provisions shall continue in full force and effect. (6) Vehicle shall not be driven by any person impaired by the use of narcotics,alcohol,intoxicants,or 14.Lim! Ion of Remedy/No Consequential Damages.If Owner breaches any of its obligations under this drugs,used with or without a prescription. Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter and if Owner is (7) Vehicle shall not be driven or taken outside the states authorized on Page 1 of this Agreement. liable under applicable law for such breach or Vehicle failure,Owner's sole liability to Renter and Renter's (8) Vehicle shall not be driven on an unpaved road or oft-road. sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by (9) Vehicle shall not be operated by anyone who has given a fictitious name,false address,false or Renter of the pro rata daily rental rate for the period in which Renter did not have use of Vehicle or substitute invalid driver's license;whose driver's license becomes invalid during the Rental Period;who has Vehicle.RENTER WAIVES ALL CLAIMS FOR CONSEQUENTIAL,PUNITIVE,AND INCIDENTAL DAM- obtained the keys without permission of Owner;or who misrepresents or withholds facts to/from AGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER AND SUCH DAMAGES ARE EXCLUD- Owner pertaining to rental,use or operation of Vehicle. ED AND NOT AVAILABLE TO RENTER. Owner is an affiliate of Enterprise Rent-A-Car Company,which owns all rights to Enterprise names and marks. ©ENTERPRISE LEASING (aAt1rA D 1' F�A004 /, PAGE 3of4 ADDITIONAL TERMS AND CONDITIONS 09CTXFALL04 15.Optional Damage Waiver 17.Ovilional Personal Ac id n n r n DAMAGE WAIVER IS NOT INSURANCE AND IS NOT REQUIRED IN ORDER TO RENT VEHICLE. PURCHASE OF PERSONAL ACCIDENT INSURANCE (PAI) IS OPTIONAL AND NOT Renter may purchase optional Damage Waiver(DW)from Owner for an additional fee. If Renter REQUIRED TO RENT A VEHICLE. purchases DW,Owner agrees,subject to the items that void DW listed below,to contractually THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS,LIMITATIONS AND waive Renter's responsibility for all of the cost of damage to,loss or theft of,Vehicle or any part or EXCEPTIONS OF THE PAI POLICY ISSUED BY GULF INSURANCE COMPANY. UPON accessory and related costs regardless of fault or negligence. DW does not apply in Mexico. REQUEST,A COPY OF THE POLICY IS AVAILABLE FOR REVIEW, PAI MAY PROVIDE A When deciding whether or not to purchase DW,you may wish to check with your insurance rep- DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL INSURANCE POL- resentative or credit card company to determine whether,in the event of damage to,or theft of, ICY, COMPREHENSIVE HOMEOWNER'S OR TENANT'S POLICY OR SOME OTHER Vehicle,you have coverage or protection for such damage or theft and the amount of your SOURCE.BENEFITS AVAILABLE UNDER THE PAI,HOWEVER,WILL BE PAID IN ADDITION deductible or out-of-pocket risk. TO THOSE RECEIVED FROM ANY OTHER SOURCE.OWNER'S EMPLOYEES,AGENTS OR DW is void if: ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER'S EXIST- a. the damage is caused intentionally by an authorized driver or as a result of willful and wan- ING COVERAGE. ton misconduct of an authorized driver; PAI provides Renter and Renter's passengers with Accidental Death, Accident Medical b. the damage arise out of the use of the vehicle while under the influence of alcohol,illegal Expenses and Ambulance Expense benefits. PAI does not provide coverage in Mexico. PAI is c. the rental company entered into the rental transaction based on fraudulent information drugs, controlled substance,or any other intoxicant that impairs driving ability; available for an additional charge as stipulated on page 1. "Renter"is the person who signs the supplied by the renter; Rental Agreement. d. the damage arises out of the use of the vehicle while engaged in the commission of a PAI Benefits: Renter Passenger crime other than a traffic infraction. Accidental Death,Not to exceed $100,000 $10,000 e. the damage arises out of the use of the vehicle to carry persons or property for hire,to push or tow anything,to engage in a speed contest,or for driver's training; Accident Medical Expenses,Not to exceed $3,500 53,500 I. the damage arises out of the use of the vehicle by a person other than an authorized driver;or Accident Ambulance Expense,Not to exceed $150 $150 g. the damage arises out of the use of the vehicle outside the continental United States and the use is not specifically authorized by the rental agreement. The above PAI benefits for Renter apply to accidents during the Rental Period whether or not 16.Optional Supplemental Liability Protection Renter is in Vehicle.Passengers are covered only for accidents occurring while they occupy THE PURCHASE OF SUPPLEMENTAL LIABILITY PROTECTION IS OPTIONAL AND NOT Vehicle. Anyone other than Renter occupying or operating Vehicle shall be considered a REQUIRED IN ORDER TO RENT A VEHICLE. "Passenger"for the purposes of PAI benefits. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS,LIMITATIONS,EXCEP- PAI Exclusions: TIONS AND EXCLUSIONS OF THE SLP POLICY ISSUED BY EMPIRE FIRE AND MARINE For all exclusions,see the PAI policy issued by Gulf Insurance Company. Here are a few INSURANCE COMPANY. UPON REQUEST,A COPY OF THE POLICY IS AVAILABLE FOR key exclusions: PAI shall not cover any death or injury caused wholly or partly,directly or indi- REVIEW. SLP MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED rectly by suicide,attempted suicide,or self-inflicted injury;aircraft travel;committing or attempt- UNDER A PERSONAL INSURANCE POLICY, OR SOME OTHER SOURCE. OWNER'S ing to commit an assault or felony;an accident which occurs while under the influence of alco- EMPLOYEES,AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADE- hol or narcotics,unless prescribed by a physician;an accident which occurs while participating QUACY OF RENTER'S EXISTING COVERAGE. as a professional in a prearranged or organized race or testing of a vehicle;war or any act of SLP Benefits: war;or engagement in an illegal occupation;nor shall this insurance be in effect if Renter con- verts Vehicle or during any period Renter is in violation of the Rental Agreement. Renter shall Optional Supplemental Liability Protection (SLP) provides Renter with minimum financial be deemed to have converted Vehicle whenever Vehicle is not returned to the Lessor by the responsibility limits as outlined in the applicable motor vehicle financial responsibility laws of the r state where Vehicle is operated AND excess insurance provided by Empire Fire and Marine return date or by the extended return date. Insurance Company,which supplies Renter and Additional Authorized Drivers with third-party lia- To file PAI claims,obtain a claim form from any rental office of Owner,complete it and return it bility protection with a combined single limit per accident equal to the difference between the with a copy this Agreement to: minimum financial responsibility limits referenced above and$1,000,000 Combined Single Limit Cambridge Integrated Services Group,Inc. per accident. SLP will respond to third party accident claims that result from bodily injury,includ- P.O.Box 94950 ing death,and property damage that arise from the use or operation of Vehicle as permitted in Cleveland,OH 44101.4950 this Agreement. The Empire Fire and Marine insurance policy does not provide coverage for any Phone:1-888-515-3132 Fax:1440-914-2903 loss arising from the use or operation of Vehicle in Mexico. SLP is available for an additional 18.Telematics Notice and Release. Vehicle may be equipped with OnStar or another telem- charge as stipulated on Page 1. atics system.Renter acknowledges that such systems utilize cellular telephone and/or radio sig- SLP Exclusions: nals to transmit data and communication and,therefore,privacy cannot be guaranteed.Renter For all exclusions, see the SLP policy issued by Empire Fire and Marine Insurance authorizes use or disclosure of or access to call location information concerning Renter or other Company. Here are a few key exclusions: user of the service,automatic crash notification to any person for use in the operation of an auto- (a)Loss arising out of an accident which occurs while Renter or Additional Authorized Driver is matic crash notification system and use of the vehicle location system.Renter releases Owner, under the influence of alcohol or drugs,or other substances unless prescribed by a physician; operator of the telematics system,wireless carrier(s)and other suppliers of components or serv- (b) Loss arising out of bodily injury or property damage sustained by Renter or Additional ices and their respective employees,officers,directors and agents from any damage(including Authorized Driver or any relative or family member of Renter or Additional Authorized Driver who incidental and/or consequential damages)to persons('including without limitation Renter)or resides in the same household;(c)Loss arising out of the operation of Vehicle by any driver who property caused by failure of the telematics system to operate properly. Third party service is not Renter or Additional Authorized Driver;(d)Liability arising out of or benefits payable under providers are not agents,employees,or contractors of Owner.For limitations concerning war- any uninsured or underinsured motorist law,in any state;(e)Liability arising out of or benefits ranty, privacy and performance of the telematics system in Vehicle, contact the telematics payable under any first party benefit law,medical payments,no-fault or any similar law to the provider. foregoing,in any state;(f)Bodily injury to an employee or the spouse,child,parent,brother or 19.Headings.The headings of the numbered paragraphs of this Agreement are for conven- sister of that employee,arising out of and in the course of employment by Renter or Additional ience only,are not part of this Agreement and do not in any way limit,modify or amplify the terms Authorized Drivers;(g)Property damage to property transported or in the care,custody or con- and conditions of this Agreement. trol of Renter or Additional Authorized Drivers;(h)Damage to Vehicle;(i)Liability arising out of the use of Vehicle,which was obtained based on false,misleading or fraudulent information;Q) 20.Release of Information to Third Parties.Renter agrees Owner may,and Renter express- Loss arising out of the use of Vehicle when such use is otherwise in violation of the terms ly authorizes Owner,to provide information in Owner's possession about Renter and Additional and conditions of the Rental Agreement. Authorized Drivers,including but not limited to such Renter and driver's name,address and Renter and driver's license information to: applicable authorities,where solicited;or other third Report SLP Claims to: parties,in connection with Owner's enforcement of its rights under this Agreement. Cambridge Integrated Services Group,Inc. P.O.Box 94950 Cleveland,OH 44101.4950 Phone:1-888-515-3132 Fax:1440-914-2903 Owner is an affiliate of Enterprise Rent-A-Car Company,which owns all rights to Enterprise names and marks. ©ENTERPRISE LEASING Y UF' 04 DD��r'_ 1 r / Locations Reserve online @ wwwenterprz*C.Com Adku 214-357-5549 1W. 8 749"235 9721351.Ml d_Z 817. 14336 214-3M3671 81,783M3 2 2192 R11_511 11 972-211-7210 972-2 5-40D 971271-9190 10-05 0�24�11 FL WmdSmd� 8,1-311 18W 9724414M W301, I 972v&18" Gik 9404"14 FA It 912-633-59B 017-1�5425 's si74n.992i S.1& 817 En=nse -r over 5000 locations in the United States and 250 locations in Canada.For Acdclent In Case Of An .=�,,h d the rental location mm Ynobtain,!e '�hteld, dress,license and 71, and policy number of the or er vehicle opennor(s),if any 48 Ohl r at(W)307.6666 858-AM' il..t,Enterprise Rent-A-Car,Pnm�y Questions,600 Corporate Park Driw,St.Louis, M6 63,05, BID SPECIFICATIONS-LEASE/RENTAL OF VEHICLES PREBID:Conference to be held 07-23-2004.10:00AM FTW Police D of Fiscal/Equipment Mat 350 W Belknap St. FTW TX 76102 1.0 DEFINITIONS: 1.1 Cars,Vans,Trucks,Sport Utility Vehicles,etc hereinafter called"vehicle". 1.2 Rental hereinafter called"Rental"—refers to all vehicles provided on a month-to-month or shorter basis with no commitment as to the length of the arrangement. 1.3 Lease hereinafter called"Lease"—refers to all vehicles provided on a 12 24 36 48 or 60 month basis while retaining the option of trading the specific vehicle during the lease term in order to ensure usefulness as an undercover vehicle. "Short-term"leases are 24 months or less:"long-term"leases are 25 months or more. 1.4 City of Fort Worth hereinafter called"City". 1.5 All City Departments and Divisions hereinafter called"Departments". 1.6 Bidder or Vendor hereinafter called"Contractor". 2.0 SCOPE—The work to be performed consists of furnishing equipment lease/rental of vehicles for departments, as called for and directed by the City.Read Section 8.2,of the General Requirements.Failure can make bid non-responsive 3.0 INTENT — The intent of specifications is to describe minimum requirements for lease/rental as but not limited to describe in attached vehicle specifications. Vendor must supply described or similar described vehicle for departments keeping in mind the object of this agreement is to supply departments with various size and types of vehicles on an as needed basis.This agreement shall cover lease terms of 12 months, 24 months, 36 months, 48 months and 60 months on as needed basis. This agreement shall cover rent terms of 1 day, 1 week, 1 month or multiple months on as needed basis. 4.0 PURPOSE—The purpose of this lease/rental agreement is to provide vehicles to the City in an efficient and timely manner to support departments.Departments will use vehicles for various assigned duties. 5.0 NOTIFICATION—Contractor shall respond by furnishing vehicles as requested by authorized City employees. Contractor shall provide list of names with telephone, pager and cell phone numbers to Purchasing Division with this bid. List will be for person(s) to be notified of a request for vehicles.Successful Contractor shall keep list up to date throughout the life of the agreement. 6.0 WARRANTIES/GUARANTEES:—Contractor warrants/guarantees all equipment for entire length of the manufacturer's warranty period starting on date vehicle is delivered to City. Successful Contractor shall provide documentation of warranty detailing all aspects of the warranty/guarantee to departments. 6.1 Contractor is required to supply substitute/comparable replacement of rental vehicles or temporary replacement of lease vehicles that fails to operate as designed by manufacturer for the intended purpose.Contractor will pick up/or make site repair and deliver replacement as needed within 48 hours of notification by City. Fully repaired original lease vehicles removed from service for repair must be returned or new replacement vehicles provided within a maximum of 30 days from date of original repair request. Contractor can be required to demonstrate ability to provide replacement vehicles before,during or after award of this agreement. Failure to demonstrate ability before, during or after award of bid can make bid non-responsive or cause cancellation of any awarded agreement. 7.0 RESPONSE TIMES: — Contractor shall supply required vehicles during regular hours within a maximum of 48 hours from time request is made.(NOTE: must have access to vehicles to make delivery on date of award or within reasonable amount of time and as mutually agreed to by the City after Date of Award). 7.1 Contractor shall supply on site repair or replacement vehicles during regular hours within a maximum of 48 hours or less by mutual agreement from time request made. 7.2 Contractor shall provide vehicles during regular hours from 8:00 AM to 4:00 PM Monday through Friday,excluding holidays. 7.3 Departments shall provide personnel to allow Contractor access to vehicles to be serviced,picked up or replaced. 7.4 Non-pick up/delivery for any reason, example: because of bad weather, vehicles unable to be taken out of service, shall be rescheduled by mutual consent within reasonable amount of time. 8.0 GENERAL REQUIREMENTS:—Contractor shall comply with all local City,County,State,Texas Motor Vehicle Code and Federal rules, ordinances, laws and regulations as set fourth now and any enacted in the future including but not be limited to safety, noise and emission control standards. This statement shall apply to all requirements within these specifications throughout the entire agreement and any renewal options exercised. PAGE 10F 15 BID SPECIFICATIONS-LEASE/RENTAL OF VEHICLES PREBID:Conference to be held 07-29-2004,10:OOAM.FTW Police Dept Fiscal/Eauioment Mgt 350 W Belknap St FTW TX 76102 1.0 DEFINITIONS: 1.1 Cars,Vans,Trucks,Sport Utility Vehicles,etc hereinafter called"vehicle". 1.2 Rental hereinafter called'Rental'—refers to all vehicles provided on a month-to-month or shorter basis with no commitment as to the length of the arrangement. 1.3 Lease hereinafter called"Lease"—refers to all vehicles provided on a 12.24 36 48 or 60 month basis while retaining the option of trading the specific vehicle during the lease term in order to ensure usefulness as an undercover vehicle "Short-term"leases are 24 months or less:'Yong-term"leases are 25 months or more 1.4 City of Fort Worth hereinafter called"City". 1.5 All City Departments and Divisions hereinafter called"Departments". 1.6 Bidder or Vendor hereinafter called"Contractor". 2.0 SCOPE—The work to be performed consists of furnishing equipment lease/rental of vehicles for departments, as called for and directed by the City.Read Section 8.2,of the General Requirements.Failure can make bid non-responsive. 3.0 INTENT — The intent of specifications is to describe minimum requirements for lease/rental as but not limited to describe in attached vehicle specifications. Vendor must supply described or similar described vehicle for departments keeping in mind the object of this agreement is to supply departments with various size and types of vehicles on an as needed basis.This agreement shall cover lease terms of 12 months, 24 months, 36 months, 48 months and 60 months on as needed basis. This agreement shall cover rent terms of 1 day, 1 week, 1 month or multiple months on as needed basis. 4.0 PURPOSE—The purpose of this lease/rental agreement is to provide vehicles to the City in an efficient and timely manner to support departments.Departments will use vehicles for various assigned duties. 5.0 NOTIFICATION—Contractor shall respond by furnishing vehicles as requested by authorized City employees. Contractor shall provide list of names with telephone, pager and cell phone numbers to Purchasing Division with this bid.List will be for person(s) to be notified of a request for vehicles.Successful Contractor shall keep list up to date throughout the life of the agreement. 6.0 WARRANTIES/GUARANTEES:—Contractor warrants/guarantees all equipment for entire length of the manufacturer's warranty period starting on date vehicle is delivered to City. Successful Contractor shall provide documentation of warranty detailing all aspects of the warranty/guarantee to departments. 6.1 Contractor is required to supply substitute/comparable replacement of rental vehicles or temporary replacement of lease vehicles that fails to operate as designed by manufacturer for the intended purpose.Contractor will pick up/or make site repair and deliver replacement as needed within 48 hours of notification by City. Fully repaired original lease vehicles removed from service for repair must be returned or new replacement vehicles provided within a maximum of 30 days from date of original repair request. Contractor can be required to demonstrate ability to provide replacement vehicles before,during or after award of this agreement. Failure to demonstrate ability before, during or after award of bid can make bid non-responsive or cause cancellation of any awarded agreement. 7.0 RESPONSE TIMES: — Contractor shall supply required vehicles during regular hours within a maximum of 48 hours from time request is made.(NOTE: must have access to vehicles to make delivery on date of award or within reasonable amount of --- - time and as mutually agreed to by the City after Date of Award). 7.1 Contractor shall supply on site repair or replacement vehicles during regular hours within a maximum of 48 hours or less by mutual agreement from time request made. 7.2 Contractor shall provide vehicles during regular hours from 8:00 AM to 4:00 PM Monday through Friday,excluding holidays. 7.3 Departments shall provide personnel to allow Contractor access to vehicles to be serviced,picked up or replaced. 7.4 Non-pick up/delivery for any reason, example: because of bad weather, vehicles unable to be taken out of service, shall be rescheduled by mutual consent within reasonable amount of time. 8.0 GENERAL REQUIREMENTS:—Contractor shall comply with all local City,County,State,Texas Motor Vehicle Code and Federal rules, ordinances, laws and regulations as set fourth now and any enacted in the future including but not be limited to safety, noise and emission control standards. This statement shall apply to all requirements within these specifications throughout the entire agreement and any renewal options exercised. PAGE 10F 15 8.1 All Contractors and Sub Contractors must furnish copies of certificates or licenses required by specifications, manufacturer or Section 8.0 above evidencing authority and show authorization by above to perform this agreement. Successful Contractor awarded agreement shall keep certificates or license up to date throughout life of agreement and submit copies to the City. •rrrrrrsrrrrrwerrrrurrrrrrurrurrrrrrrrrsssrrrswarrassassaerrrarsrrrassrrrrsrsrusrerrrrersrrrrrrrrwr• '82 Contractor cannot take exceptions to any portion of this agreement without prior written approval by City of Fort Worth. Purchasing Division by way of official City written addendum before hint oneninta due date and time that shall be made available to all Contractors_ Any documents attached to this bid package or submitted to any Cety Department at any time now or in the future in any form. including any lease/rental documents/contracts by Contractor shall not add to, delete from or change in any way re uirements as outlined in these original bid documents or addendums issued by the City. All original City,of Fort Worth bid documents and purchase orders shall supersede and/or be superior to any documents including any lease/rental documents/contracts submitted by Contractor at anytime. Any signature upon any lease/rental documenVcontract by City Department. employges. it's officers or agents upon delivery of vehicles shall not relinquish. add to, delete from or change in any way the requirements of these specifications. ••rsrssrsrrrsrrrsrrerrrrrrrrrsrrurrsrrrrrrrrsrrrrrurrerrrresrrrrrrrrursrrrrrrrrurrrrrrrrrrrrwrrrru• '8.3 Lease/rental shall begin on date of delivery to City and shall run the duration as specified by the individual department need however no lease or rental expiration date can exceed final expiration date of agreement. final renewal option or one (1) temporary exten6ion that can not exceed ninety (90) days. Lease vehicles described in minimum specifications will be leased for a minimum amount of time as determined and agreed to by department requiring the lease and Contractor. One (1) year renewal option/periods "will„ be exercised City staff is able to continue to secure funding for department budgets. Ng guarantee is made that funding can be obtained each year. Although not guaranteed, vehicles for Department lease/rental could be for a combined total maximum of five (5) years from date of original award by City Council. Combined total maximum of five (5) years and expiration of agreement is based on the original award date by City Council and not by the delivery date of vehicle. All vehicles rented can be returned on an as needed monthly, weekly or daily basis. City will return vehicles and no purchase will be made upon expiration of lease/rental. •rwrrrrrrrrrrrrrrrrrr�rrrrrrrsrrrrrwrrarrurrrrrrrrsrrrrrrrrrrrrrarrrrrrrsrrrrrssrrrrrrsrrrrrrrrrrsrrrs• 8.4 Vehicles will be required to be shipped to or from various City Department locations. Lease/Rental Vehicles: Contractor shall provide qualified/approved new or like new,insAected and gerlified, latest/current model in production vehicles less than two (2)years old and have at or less than 36,000 odometer miles with clean, unblemished interiors and exteriors.F.O.B.Point will be City facility for delivery or pick up. 8.5 The following is but not limited to a list of vehicles to be provided to the City Departments on an as needed basis. Interior and exterior color should be a mix of various standard factory colors. In the past year the City spent about$800.000 for the lease of vehicles.The maiority of all dollars spent on this agreement will be on lease of vehicles that will be leased at or shortly after the award by City Council to successful or possible primary Contractor. It is estimated that a Rossible increase of 550.000 for a possible total of$850.000 or more can be spent including the addition of rentals and some light or medium duty vehicles to this agreement.No guarantee is made that any specific amount of leases or rentals will be ordered. --- - 8.6 —Short—Terra-LAM-(24-irnonths or less)_or_&&W:-Contractor shall include_all cost_to provide repairs and preventative maintenance like but not limited to major repairs,engine tune-ups,oil changes and new air filters to vehicles within quoted price. 8.7 Short or Long Term Lease: City shall provide tire and glass repair with OEM specifications or OEM equal aftermarket as originally equipped. 8.8 Long Term Lease (25 months or more): Contractor shall supply maintenance/service and vehicle inspection requirement schedules so as to give the City notice of need to properly maintain,repair and service vehicles with OEM specifications or OEM equal aftermarket parts as originally equipped and inspect vehicles and schedule down time for such service or maintenance not covered by manufacture warranty. '8.9 Long Term Lease Vehicles: Contractor shall supply Cily, EgMi went Services Department (ESD) Equipment Services Manager (ESMI. with clear and detailed report of changes including but not limited to denartment receiving new vehicles returned vehicles permanent exchanges of vehicles detailed description of vehicles incl l ing Texas license and manufacture vin numbers.on or before first(1a)of each month with additional upon request by the ESM at any time. PAGE 2 OF 15 Off IRK- 9.0 INSURANCE:—Contractor shall supply comprehensive and collision insurance options for short-term leases(less than 24-months) and rentals to include scope of coverage,monthly rates,and deductible options as appropriate. 9.1 The City may waive insurance offered by Lease/Rent Contractor for additional charges including Loss Damage Waiver and Supplemental Liability Insurance protection for lease/rental vehicles. For all long-term leases and when contractor-supplied insurance is waived,the City shall provide documentation of City self-insurance or commercial insurance as is appropriate to cover lost or damaged vehicles upon award of agreement to Contractor.The City reserves right to make repairs to damaged vehicles that are not insured through the Contractor by self or repair Contractor of City's or City's Insurance Carrier's,choice. 10.0 REQUIRED EQUIPMENTIFACILITIES:Contractor will have all equipment and vehicles necessary to perform all requirements. 10.1 The City reserves the right to inspect equipment, tools, vehicles and facilities required to be used in the performance of this agreement before,during and after the award. 10.2 Vehicles supplied in the performance of the lease/rental shall be fully maintained, clean, in good working condition, suitable for the intended purpose and with a full tank of fuel prior to delivery to the City.The City shall return vehicles fully maintained,clean, in good working condition and with full fuel tank. 10.3 City shall have ability to transport and/or relocate vehicles to various locations or work sites by it's own employees,trucks,trailers and equipment.City shall provide to Contractor,location of vehicles when requested,in a reasonable amount of time. 11.0 CONTRACTOR RESPONSIBILITIES: Supervision — The Contractor shall, during lease/rental of vehicles, make available, competent supervision of employees to assure complete and satisfactory fulfillment of the terms of the lease/rental and these specifications.The Contractor or a capable, fully authorized representative must be available during all work activities to receive any and all instructions from the City. 11.1 Safety—The Contractor must be thoroughly familiar with all safety measures pertinent to its operations.This shall include,but not be limited to any manufacturer and per Section 8.0 above and shall continue throughout the life of the lease/rental. Contractor shall be responsible for instructing its employees and City employees in all safety measures and compliance including operation and service of equipment. 11.2 Hazards—Contractor shall not permit operation of it's own equipment, vehicles or tools in unsafe manner as to create hazard or cause damage and injury to any person or property. 11.3 Taxes—Contractor shall be responsible for any taxes imposed on vehicles to be leased by City. ...YYf Yfiiif Yf•Yf Yf•ffff fff•flf f#ff Yf ffff#f•YfYYY•fff#...#1f/f/iflf if i#fY#f#ff#Yf Yffif/f#ff•#.##f##YYYff '12.0 AGREEMENT — Lease/rental agreement provided by Contractor shall not override any portion of these specifications. These specifications shall be superior to any leaselrental agreement from Contractor. City of Fort Worth reserves right to accept and/or reject any portion of or complete lease/rental agreement that is found to conflict with any of these specifications. See Section 8.2 The City will not complete individual rental/lease agreements for each short-term lease or rental vehicle. Rather, the Contractor shall provide a receipt to be signed by the City's designee upon acceptance and return of vehicles. i##►####f#YYYY#YYYi YYi####f##f ifffiffffff iffffffff•Yf Yf YYf YYYYYff YYYYf iflf Y#Y11f1f1f#ifff Yfffifff if l#f Yf• 13.0 QUANTITIES—Any quantities listed on bid response pages of the official bid documents are only estimates based on present --- and estimated#uture need and are not intent to purchase or a guarantee of future business.The City is only obligated to pay for lease/rental ordered by authorized City employees. 14.0 PRICES — Prices shall remain firm throughout life of agreement. Bid shall include pricing options for unlimited mileage. Contractor shall also make available unpublished options at the City's request to include window tinting. 15.0 INVOICES:—Invoices shall be paid in accordance with State law. Payments will be made on a Net 30 Days basis from date of invoice and shall be mailed to department/division ordering lease/rental. 16.0 PAYMENT DISCOUNTS: —Although not required, discounts for payments made at or less than 30 days shall be indicated on payment terms line in bid response pages accompanied by associated discount percent; example; 2%20 days, net 30; 3% 15 days,net 30;etc. If offered,discount can be considered as part of the long term overall cost to the City. 17.0 CONTRACT AWARD:—The City reserves the right to accept or reject in whole all bids received.(NOTE:Vehicles Leased/Rented must be available per Section 7.0 above). PAGE 3 OF 15 17.1 Upon execution of award,successful Contractor will be issued a purchase order for the lease/rental of vehicles. 17.2 Award can be done on any of the following basis: Nonexclusive, category,all or none,primary and secondary award to the best responsive and responsible Contractor(s)meeting and/or exceeding the minimum specifications,best pricing and eight bid criteria as outlined in Section#8,Titled: Evaluation Factors And Award, Page 11 through Page 12 of 22.This award does not preclude the City from separately seeking vehicle rental services from a vendor who provides vehicles older than two-years and greater than 36,000 miles for undercover purposes. 17.3 Ranking of possible nonexclusive,primary and secondary awards will be based upon the best price(s)submitted for leaselrental of all vehicles and that, which is in the best interest of the City. Any nonexclusive and/or secondary awards shall be for the purpose of giving the City the ability to obtain a wide variety or sufficient number of lease/rental vehicles and to obtain vehicles not available at time of requirement from the primary Contractor. Ranking may also be weighted based on the relative projected volume of each vehicle category as required by the City. 17.4 "'Unbalanced bids"will be considered non-responsive and will result in refection of bid. Definition:When a vendor bids extreme low price on one or more line items and bids extreme high price on one or more line items,will be considered an unbalanced bid. 18.0 VENDOR BID RESPONSE:—Contractor shall have read and understood all specifications before submitting bids on each line of official bid documents.Contractor can guote vehicles that vary slightly.See Additional Terms and Conditions.#7. Page 17 of 22. 18.1 (For Lease Evaluation)Must provide monthly charge in space provided including all charges as outlined in the bid specifications. 18.2 (For Rental Evaluation)Must provide one or all of following means for confirmation and evaluation of quote to determine best pricing.Failure can make bid non-responsive and cause resection of bid:(1)Website address with no cost easy access to rental list pricing and description of vehicle,(2)Computer disc(CD)that is Microsoft Windows compatible with 98, NT,2000 or greater version that includes rental list pricing and description of vehicles or(3) Computer print(s) neatly arranged/mounted in formal note book that is clear/easy to read and precise/accurate with rental list pricing and description of vehicles. 19.0 PERFORMANCE—Failure of the City to insist in any one or more instances upon performance of any terms and conditions of this agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions. Contractor's obligation with respect to such performance shall continue in full force and effect. *##******#*##*****####*##########*#**######*#*###*#*####*#################*##*##*#####* PREBID:Conference to be held 07-29-2004,10:OOAM,FTW Police Dent.Fiscal/Eauioment Mgt,350 W Belknao St. FTW TX 76102 PAGE 4 OF 15 rb(. T CITY OF FORT WORTH/PURCHASING DIVISION INSTRUCTION TO BIDDERS 1.SOLICITATION A. Review of Documents: Bidders are expected to examine all documents of Solicitation. Bidders shall promptly notify the City of omission, ambiguity, inconsistency or errors that may be discovered upon examination of Solicitation. Bidders must use complete Solicitation to prepare Bids. The City assumes no responsibility for errors or misrepresentations that result from use of incomplete Solicitations. B. Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the Solicitation. 2.EXPLANATIONS vR CLARIFICATIONS Any explanation,clarification,or interpretation desired by Bidder regarding any part of the Solicitation must be requested in writing from Purchasing Office with sufficient time allowed for a written addendum to reach each Bidder before submission of their Bid. Interpretations, corrections, or changes to Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations,corrections or changes.Oral explanations or instructions given before award of Contract are not binding. Requests for explanations or clarifications may be faxed to the City at(817)871-8440. Fax must clearly identify the buyer's name and solicitation number.Any material information given to one Bidder concerning a Solicitation will be furnished as Addendum to all Bidders who have been issued a Solicitation. 3.PRE-BID CONFERENCE If a pre-bid conference is held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre-bid conferences is not mandatory. 4.PREPARATION OF BIDS Each Bidder must furnish information required by Solicitation on documents provided. Bids submitted on other than forms included in Solicitation shall be considered non-responsive.Attempt to alter wording in Solicitation is ineffective and will result in rejection of the Bid. A.Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Office. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. B. Brand Name or Equal: If Solicitation indicates brand name or"equal" products are acceptable, Bidder may Bid an"equal" product but must be prepared to demonstrate features that render it equal.Final determination of a product as an"equal"remains with the City. C. Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase.If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. D. Free on Board (FOB) Point: Bidder should quote its lowest/best price,with goods delivered to place specified, at Bidder's expense and risk,and there tender delivery to the City. Bids offering other delivery proposal are not acceptable and may be cause for rejection. E.Prices: Bids shall be firm unless otherwise specified. Pricing shall be entered on the Bid Sheet in ink.Totals shall be entered in the "_Total Price"column of the Bid Sheet.In the event of a discrepancy between unit price and extended price,the unit price shall govern. F. Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. G. Bid Security: If required in the bid specifications: (NOT REQUIRED WITH THIS BID) Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders for in the amount of 5%of the total of the bid submitted)must be submitted at the time the bid is submitted,and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or (2) the surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. PAGE 5 OF 15 '��o '✓, d��.�J1�9 ULG�1 H.Alternate Bids: Bidders may offer an"equal"product as an alternate bid.Final"approved equal"determination remains with the city. J.Proprietary Information: i.All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. ii.If a Bidder does not desire proprietary information in the bid to be disclosed,each page must be identified and marked proprietary at time of submittal. The City will,to the extent allowed by law,endeavor to protect such information from disclosure.The final decision as to what information must be disclosed,however,lies with the Texas Attorney General. iii.Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. K.Bid Preparation Costs:All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. L.Payment:All payment terms shall be"Net 30 Days'unless specified in the bid document. 5.SUBMISSION OF BIDS Unless otherwise specified,Bidders are required to submit an executed original and one(1)copy of the Bid. A.Documents required with Bid:The following documents must be submitted with each Bid prior to the Due Date: (i)the signed Offer and Award Sheet;(ii)the Bid Sheet; (iv)the MBEIWBE Compliance Plan,if applicable;and(v)any other document included in the Solicitation requiring completion or execution by the Bidder All other pages in the Solicitation should be retained by the Bidder. C.Addendum: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date.The Addendums containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name,address,the Solicitation number,and the Due Date and time. D.Late Bids:Bids must be received in the Purchasing Office prior to the Due Date.All Bids received after the Due Date are considered late and will be returned to the Bidder unopened.The time stamp clock on the receptionist's desk in the Purchasing Office is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid.The City will not be responsible for failure of service on the part of the U.S.Postal Office,courier companies,or any other form of delivery service chosen by the Bidder. 6.MODIFICATION OR WITHDRAWAL OF BIDS A.Modification of Bids:Bids may be modified in writing at any time prior to the Due Date. B.Withdrawal of Bids: Bids may be withdrawn in writing,telegraphically, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the Due Date.A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date.A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, up to the Due Date.The city may require proof of agency from person withdrawing bid. 7.OPENING OF BIDS The Purchasing Office representative responsible for opening Bids shall confirm the time and announce the Bid opening. The representative shall then personally and publicly open all Bids timely received,reading each Bid aloud. 8.EVALUATION FACTORS AND AWARD A. Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However,the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City.Bids that specify an"all or none"award may be considered if a single award is advantageous. PAGE 6 OF 15 *B. Award :The city will award contracts to the bidder that represents the "best value"to the city , price and other factors considered. In determining the "best value" ,the following criteria will be considered as amended in section 252.043 of the Texas Local Government Code. 1. Purchase Price; 2. Reputation of the bidder and of the bidder's goods/services; 3. Quality of the bidder's goods or services. 4. Extent to which the goods or services meet the municipality's needs; 5. Bidder's past relationship with the municipality; 6. Impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities. 7. Total long-term cost to the municipality to acquire the bidder's goods or services;and 8. Any relevant criteria specifically listed in the request for bids or proposals. Total long-term cost may include specification conformance,delivery requirements,the life expectancy,cost of maintenance and operation, operating efficiency, training requirements, disposal value, warranties and other factors contributing to the overall acquisition cost of the product/services. C. Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order. Acceptance of a Bid for a supply or service agreement will be by Contract. Subsequent purchase releases may be issued as appropriate.The contents of a Bid shall become a part of the Contract.Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. *D.Reservations:The City expressly reserves the right to: 1.specify approximate quantities in the Solicitation; 2.extend the Solicitation opening date and time; 3.consider and accept alternate Bids,if specified in the Solicitation,when most advantageous to the City; 4,waive as an informality,minor deviations from specifications provided they do not affect competition or result in functionally unacceptable Goods or Services; 5.waive any minor informality in any Bid or Solicitation procedure(a minor informality is one that does not affect the competitiveness of the Bidder); 6.add additional terms or modify existing terms in the Solicitation; 7.reject a bid because of unbalanced unit bid prices; 8.reject or cancel any or all Bids; 9.reissue a Solicitation;and/or 10.procure any item by other means. POST BID DOCUMENTS REQUIRED FROM SUCCESSFUL BIDDER A. Letters of Intent: When a MBE/WBE Compliance Plan is required, the successful Bidder must submit to the Contract Awarding Authority the Letters of Intent to subcontract required by the Compliance Plan within five (5)business days after notification. Failure to submit the required letters may be grounds for rejection of the Bid. B.Certificates of Insurance:When insurance is required,the Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. C.Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required,the Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. CONTRACT EXTENSIONS: Awarded contracts can be extended from one (1)to one hundred and eighty(180)days beyond the original expiration date if deemed necessary by the City with mutual consent of both parties per the same prices,terms and conditions of the original contract. PAGE 7 OF 15 � a . ✓J. fY� �i5ala 1 CITY OF FORT WORTH,TEXAS/PURCHASING DIVISION STANDARD PURCHASE TERMS AND CONDITIONS 1. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS- No officer or employee of city shall have a financial interest, direct or indirect, in any contract with city or be financially interested, directly or indirectly, in the sale to city of any land, materials, supplies or services,except on behalf of City as an officer or employee.Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position.Any violation of this section with the knowledge,expressed or implied,of the person or corporation contracting with the City Council shall render the contract involved by the City Manager or the City Council.(Chapter XXVII,Section 16,City of Fort Worth Charter) 2.SELLER TO PACKAGE GOODS-Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows:(a)Seller's name and address: (b)Consignee's name,address and purchase order or purchase change order number; (c)Container number and total number of container,e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 3.SHIPMENT UNDER RESERVATION PROHIBITED-Seller is not authorized to ship the goods under reservation,and no tender of a bill of lading will operate as a tender of goods. 4.TITLE AND RISK OF LOSS- The title and risk of loss of the goods shall not pass to buyer until buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 5. DELIVERY TERMS AND TRANSPORTATION CHARGES - F.O.B. Destination and Freight Prepaid unless delivery terms are specified otherwise in Seller's bid; buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid or actual costs,whichever is lower, if the quoted delivery terms do not include transportation costs, provided Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 6. PLACE OF DELIVERY- The place of delivery shall be the set forth in the block of the purchase order or purchase change order entitled"Ship to". 7. RIGHT OF INSPECTION - Buyer shall have the right to inspect the goods upon deliver before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 8. INVOICES — (a) Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each deliver.Invoices shall indicate purchase order or purchase change order number.Invoices shall be itemized and transportation charges, if any, shall be listed separately.A copy of bill of lading and freight waybill,when applicable, should be attached to invoice. Mail to:City of Forth Worth, Department and address as set forth in the block of the purchase order or purchase change order entitled "Ship to". Payment shall not be made until above instruments have been submitted after delivery and acceptance of goods. (b) Do not include Federal Excise,State or City Sales Tax.The City shall furnish tax exemption certificate. 9.WARRANTY-PRICE(a)The price to be paid by Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to Seller's current prices on orders by others, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without liability to Seller for breach or for Seller's actual expense. (b) Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting bona fide employees of bona fide established commercial or selling agency is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage,brokerage or contingent fee,or otherwise to recover the full amount thereof. 10.PRODUCT WARRANTY-Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller's warrants that the goods furnished will conform to Buyer's specifications, drawings, and descriptions listed in the bid invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications,drawings and descriptions,Buyer's specifications shall govern. PAGE 8 OF 15 11.SAFETY WARRANTY-Seller warrants that product sold to Buyer shall conform to standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended in the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense.Where no correction is or can be made Seller shall refund all monies received for such goods with thirty(30)days after request is made therefore and confirmed in writing:failure to do so shall constitute breach and cause this contract to terminate immediately. 12. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS OF PATENTS,COPYRIGHTS OR TRADE SECRETS-As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with Buyer's specifications attached to Buyer's invitation to bid will give rise to the rightful claim of any third person by way of infringement or the like buyer makes no warranty that the production of goods according to buyer's specification will not give rise to such a claim and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like,if Seller is of the opinion that an infringement or the like will result,he will notify Buyer to this effect in writing within two(2)weeks after the award of this bid, if Buyer does not receive notice and is subsequently held liable for infringement of the like,Seller will indemnify for all full dollar amount thereof. If Seller in good faith ascertains with two (2)weeks after the award of this bid that production of the goods in accordance with Buyer's specification will results in infringement or the like this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringement. 13.PROPRIETARY RIGHTS INDEMNIFICATION-Seller warranty that the goods do not infringement upon or violate any United States patent, copyright,or trade secret. Seller will defend at it's expense any action against Buyer or Buyer as licensee to the extent that it is based on a claim that goods used within the scope of the license hereunder infringe a United States patent, copyright or trade secret, and Seller will pay any costs and damages finally awarded against Buyer or Buyer as Licensee in such action which are attributable to such claim. Should the products become,or in seller's opinion be likely to become,the subject of any claim of infringement.Seller shall procure for Buyer or Buyer as Licensee the right to continue using the goods, replace or modify them to make them non-infringing, or discontinue the license of them. 14. CANCELLATION - Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof,including warranties of seller,or if seller files for bankruptcy.Such right of cancellation is in addition to and not in lieu of any other remedies that Buyer may have in law or equity. 15.TERMINATION-Performance of work under this order may be terminated in whole of in part by Buyer, with/without cause, at any time upon delivery to Seller of written"Termination Notice"specifying extent to which performance of work under the order is terminated and date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer as set forth in clause 14,herein. 16.ASSIGNMENT-DELEGATION-No right, interest or obligation of Seller under this contract shall be assigned or delegated without the written agreement of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 17.WAIVER-No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration is in writing and is signed by the aggrieved party. 18.MODIFICATIONS—This contract can be modified or rescinded only by a written agreement signed by both parties. 19.INTERPRETATION AND PAROL EVIDENCE-This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this agreement.Acceptance of or acquiescence in a course of performance under this agreement shall not be relevant to determine the meaning of this agreement even thought the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement,the definition contained in the Code shall control. 20.APPLICABLE LAW-This agreement shall be governed by the Uniform Commercial Code.Wherever the term"Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be exclusively in Fort Worth, Tarrant County, Texas. This contract shall be governed construed and enforced by the laws of the State of Texas. PACE 0 OF 15 .i VJjifi� Vyt�Y�:: i } 21.INDEPENDENT CONTRACTOR-Seller shall operate hereunder as an independent contractor and not as an officer,agent,servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and sub-contractors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as creating a partner ship or joint enterprise between Buyer and Seller,its officers,agents,employees,contractors and subcontractors. 22.INDEMNIFICATION-Seller covenants and agrees to,and does hereby,indemnify and hold harmless and defend Buyer,its officers and employees,from and against any and all suits or claims for damages or injuries,including death,to any and all persons or property, whether real or asserted, arising out of or in connection with any negligent act or omission on the part of the seller, its officers, agents, servants, employees or subcontractors, and Seller does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons or property, of whatsoever kind or character, whether real or asserted, occurring during or arising out of the performance of this contract as a result of any negligent act or omission on the part of the Seller, its officers, agents, servants, employees or subcontractors. 23.SEVERABILITY- In case any one or more of the provisions contained in this agreement shall for any reason,be held to be invalid, illegal or unenforceable in any respect,such invalidity,illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid,illegal or unenforceable provision had never been contained herein. 24. FISCAL FUNDING LIMITATION - In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available by any means whatsoever in any fiscal period for payments due under this contract,then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 25. NOTICES TO PARTIES - Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered at the time same is deposited in the United States mail,in a sealed envelope with sufficient postage attached,addressed to Purchasing Manager, City of Forth Worth, P.O. Box 17027 Fort Worth, Texas 76102, and notice to Seller shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached,addressed to the address given by Seller in its response to Buyer's invitation to bid. 26.DEFINITION OF BUYER-The City of Fort Worth,its officers,agents,servants,employees, contractors and subcontractors who act on behalf of various City departments,bodies or agencies. 27. NON DISCRIMINATION - This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"),of the City Code of the City of Fort Worth(1986),as amended,and Seller hereby covenants and agrees that Seller, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of same and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Seller,its employees,officers,agents,contractor or subcontractors herein. 28.RIGHT TO AUDIT-Vendor agrees that the City shall, until the expiration of three(3)years after final payment under this Purchase Order, have access to and the right to examine any directly pertinent books, documents, papers and records of the Vendor involving transactions relating to this Purchase Order. Vendor agrees that the City shall have access, during normal working hours, to all necessary Vendor facilities,and shall be provided adequate and appropriate work space,in order to conduct audits in compliance with t he provisions of this section.The City shall give Vendor reasonable advance notice of intended audits. 29.DISABILITY-In accordance with the provisions of the Americans With Disabilities Act of 1990(ADA),contractor/Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor/Seller or any of its subcontractors. Contractor/Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's/Seller's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. PAGE 10 OF 15 ADDITIONAL TERMS &CONDITIONS 1.INTENT: It is the intent of these specifications to describe for acquisition by the City of Fort Worth,the equipment listed herein. These specifications require the latest production model,for both the basic unit and any components or additional component packages required to produce the whole unit of equipment described by these specifications. All things essential to the production and delivery of the equipment which these specifications are intended to describe, including those which may not be expressly mentioned,are required and must be furnished by the bidder. 2.COMPLIANCE WITH REGULATIONS:The equipment must comply with applicable provisions of the Occupational Safety and Health Act (OSHA).The Federal Motor Vehicle Standards of the US Department of Transportation,and inspection and safety requirements of the State of Texas. Upon delivery, the vehicle or equipment must have been safety inspected and bear the Texas Vehicle Inspection Certificate.Vehicles must meet or exceed anv governmental entity's repuir ments laws,rules or regulations at time of delivery. The City of Fort Worth and bidders must comply with the Texas Motor Vehicle Code(TMVC), Section 5.04, Titled: Sale of New Motor Vehicles. Noncomoliance will make bid non-rggponsi�p and result in rejection of bid. The State of Texas Motor Vehicle Commission, Enforcement Division, Tracks and enforces this Code In the event the Commission determines that any person has violated any provision of this act,the Commission may levy a civil penalty not to exceed$10,000 for each violation. Sec.5.04.(a)No person may engage in the business of buying,selling,or exchanging new motor vehicles unless that person: (1) Holds a valid franchised dealer's license issued by the Commission for the make or makes of new motor vehicles being bought, sold,or exchanged;or(Vendor must submit copy of State of Texas Franchised License.Failure can make bid non-responsive) (2)Is acting as a bona fide employee of the licensee. (b)The"make"of a conversion, ambulance,or fire-fighting vehicle is that of the chassis manufacturer and the"make"of a motor home is that of the motor home manufacturer. How a (converter)must bid on a complete vehicleleauipment:A franchised dealer for the underlying chassis must be listed on the bid as the seller of the complete unit;the payment for the complete unit will be made to the franchised dealer and the franchised dealer must perform all necessary title work on the complete new motor vehicle.Converter can be involved in the bidding process by providing information on the specifications of the conversion package and other relevant information and assistance in drafting the bid however only the franchised dealer can sell the unit. Franchised and Converter must meet the minimum specifications as outlined in specification pages and any subsequent addendums or attachments provided by the City. 3.VENDOR REQUIREMENTSIRES PONS IBILITIES:The bidding vendor must promptly provide the services to which the City may be entitled under the terms of the manufacturer's warranty at(1)A LOCATION WITHIN THE CORPORATE LIMITS OF THE CITY or(2)AT THE VENDOR'S NEAREST SERVICE LOCATION OUTSIDE THE CITY WITHOUT TRANSPORTATION EXPENSE TO THE CITY or (3)BY QUALIFIED REPAIR TECHNICIANS WHO WILL TRAVEL TO THE CITY FACILITY AT WHICH THE EQUIPMENT IS STORED. The City may also reject bids of vendors who cannot produce satisfactory evidence that maintenance supplies and repair parts incidental to daily operation and normal upkeep will be readily available. Each bidder is required before submitting its bid to be thoroughly familiar with the specifications contained herein. No additional allowances will be made because of lack of knowledge of these conditions. It is the responsibility of the bidder to ascertain if any components of the specifications are unsafe and that if any unsafe or poorly designed criteria are contained herein that they be thoroughly explained to the City in the bid. Vendor shall notify the City in the bid of any labor contracts within the bidder's organization which may be negotiated or re-negotiated during the period of manufacturing. The manufacturer(s)labor contract, if up for renewal, shall be noted with the expiration date of the contract and anticipated outcomes of negotiations. Some items have been specified by brand name or model number. These have been carefully selected because of their reliability, availability of replacement and existing City equipment. In order to be responsive, items named or their equivalents in performance should be contained in bid proposals. It is the bidder's responsibility to evidence to the City that the substitute equipment bid is equal to that specified by name. The decision of the City shall be final.The City shall reserve right to accept or reject substitute based on that,which is in the best interest of the City. PAGE 110F 15 4.PRICE AND PAYMENTS: The successful bidder shall not invoice the City for the equipment until such equipment has been delivered to the City.Payment will be made after inspection of the equipment for conformity with these specifications. In the event inspection reveals failure of successful bidder to comply with specifications,the City may, at its option, reject unit,or make conditional acceptance but withhold 20%of unit price until compliance is met and equipment placed in service. Payment shall be made in accordance with the specifications and the bid proposal,upon acceptance by the City of the equipment and/or services performed under the contract. All bid prices must be specified on Bid forms and shall be valid for ninety(90)days from date of bid opening,or as specified herein. Full payment will be made within thirty(30)working days after equipment is received, inspected and found to comply with specifications, free of damage or defect and properly invoiced.Invoice shall bear the purchase order number. 5.CONTRACT AWARD:The City reserves the right to reject any or all bids.The City also reserves the right to waive any informalities, irregularities and technicalities in procedure. The City reserves the right, before awarding contract, to require a bidder to submit such evidence of its qualifications. Documents that may be required are financial,technical, or other qualifications and abilities of bidder, including past performance(experience)with City in making award in the best interest of the City. The City shall be the final authority in the award of bids. The City reserves and will exercise the right to select the equipment of the bid which represents the best and most responsive bid and is of the greatest benefit to the public interest for which the purchase is intended. Failure on the part of the bidder to comply with any or all requirements and conditions of this specification may subject their bid to rejection. 6. GENERAL REQUIREMENTS: Bidders offering equipment to City must submit brochures, drawings, and technical information required for a complete evaluation of product offered when requested by City or these specifications. No exceptions to or deviations from this requirement will be considered unless each exception or deviation is specifically stated as a part of the bid.Any exception or deviation must be specifically stated by bidder as an exception with detailed statements completely defining exception(s) to include manufactures literature and specifications. In addition, any such make or model offered as part of the bid shall be made available for inspection in completed, as-offered, form at a location within the Fort Worth Metroplex, complete with operational demonstration to designated City personnel,under operational conditions of Department that is to receive equipment.Demonstration must occur before or within specification review period which shall be within 10 working days or less from time vendor receives request to be valid. All design, materials, and workmanship must be in accordance with best current and commercial practices in the industry, and all materials used shall be as specified.Vendors sub-contracting installation or repair will receive prior approval from City of Fort Worth. 7. MINOR DEVIATIONS: Minor deviations from provisions of these specifications may be considered to permit manufacturers to follow their standard manufacturing processes.All proposed minor deviations must be fully described,using bid attachments where necessary. 8. ERROR AND OMISSIONS: If the bidder discovers any errors, omissions, lack of clarity or desires further information about the specifications or its bid,the offices of Purchasing should be contacted immediately.The bidder shall be fully responsible for the errors, omissions and acts of any subcontractor(s). 9. WARRANTY: Bidder warrants that all supplies and all services to be sold, delivered or performed hereunder shall be free from defects of design, material or workmanship;that the equipment at the date of acceptance is fit for the intended purpose set out in the specifications and shall meet the requirements thereof. The City of Fort Worth shall promptly notify bidder of any defect or failure covered by this warranty and bidder shall immediately upon receipt of said notice, correct such defects or failures at its option, by repair or replacement, with alike serviceable item or otherwise remedy the defect complained of at no cost or expense to the City of Fort Worth. Bidder warrants that it has full and absolute title to the equipment including all parts and components thereof and that the same are free from any charge or encumbrance of any kind whatsoever in favor of any third party. Notwithstanding anything contained herein to the contrary,the warranty period specified in the above paragraph hereof shall continue until the defect has been remedied by bidder. 10. PREVENTATIVE MAINTENANCE INSTRUCTIONS: In addition to the manuals specified above, the bidder shall furnish an equal number of condensed preventive maintenance instructions for each type of unit. These instructions shall consist of manufacturer's recommendations for periodic lubrications,inspections,and adjustments,made up in compact form to cover the equipment delivered. PAGE 12 OF 15 f ;'1 i xj ��;cr x,'01 f LC 11.OPERATING/MAINTENANCE INSTRUCTION:Where specifically requested by the City, the bidder will instruct a given number of City employees in the operation and maintenance of the equipment furnished. Instructions shall be of scope/length to orient personnel in operating techniques, safety precautions, frequent inspection, servicing requirements,mechanical adjustments and repairs unique to equipment if requested by City. Instructions will be required at the manufacturers, bidder, or City facilities and provided on a schedule arranged after delivery of the equipment.Schedule will be at the direction of the City. NOTE:Final payment for equipment delivered under these specifications will NOT be made until all purchasing requirements have been satisfied. 12.SERVICING BEFORE DELIVERY: Prior to delivery, bidder shall completely service the equipment in accordance with factory make- ready recommendations,and assure that the equipment is fully and properly prepared to go into service immediately upon arrival at the delivery point;City of Fort Worth-as listed on the purchase order. 13.REQUEST FOR VEHICLE/EQUIPMENT DEMONSTRATION:The demonstration of a piece of equipment shall be the sole decision of the City of Fort Worth. Upon written request from the City,the vendor will demonstrate the proposed piece of equipment at a location specified by the City of Fort Worth. Demonstration of the proposed unit shall occur within 10 working days or less from time the vendor receives the request. Failure to demonstrate the equipment within the ten-(10)working day period will render a bid non-responsive. The equipment proposed for demonstration shall be fully compliant with specifications. Where this is not practical or feasible, vendor shall substitute a demonstration unit that is sufficiently equipped,to include all critical features and unit functions necessary to allow a complete evaluation by Technical/Support Services and a thorough demonstration by gaining City of Fort Worth department. Technical /Support Services Section and gaining user department will develop operational requirements of equipment proposed for demonstration. These requirements will be made available to the vendor prior to demonstrating the piece of equipment. Results of demonstration will be final criteria in developing a recommendation for purchase. Outcome of demonstration can supercede vendor's compliance to written specifications. 14.ADDITIONAL INFORMATION: Bidder must complete and return to Purchasing Manager,City of Fort Worth, 1000 Throckmorton St, Fort Worth,TX 76102,entire specification document. This complete "Specification"document provides the City and the bidder assurance of an understanding of the relationship between the specification and the unit of equipment to be provided for the stated bid price. Bids which contain incomplete information in this specification document cannot be considered. Manufacturer's Statement of Origin and Original Sales Invoice must accompany the unit at time of delivery. Payment cannot be authorized without these documents where and when required by request of the City. For information relative to bidding/purchasing of equipment,please contact:Kevin Karle,Purchasing Division, (817)392-8356. The undersigned certifies that the equipment described herein meets or exceeds specifications unless otherwise noted. 15. FAMILIARITY WITH LAWS: The bidder is presumed to be familiar with all federal, state and local laws, ordinances, code rules and regulations that may in any way affect the work. Ignorance on the part of the bidder shall in no way relieve him from responsibility.(See Section 2.Compliance With Regulations,above)Failure can make bid non-responsive. 16. SUBCONTRACTORS: Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the purchaser.Where the term"bidder"appears in these specifications,it shall be understood that they mean the successful bidder who is awarded this contract. 17.PROPOSAL IN REPLY TO SPECIFICATIONS:Any exception to specifications must be itemized. Details concerning the exceptions must be clearly explained. Each exception will be considered by the purchaser as to the degree of impact and total effect on their bid. 18.AWARD OF PROPOSAL: Upon award of purchase order,these specifications and bid documents become part of purchase order. The terms of these specifications and bid documents shall control over the terms of the purchase order in the event of any conflict. I have read&understand all terms/conditions listed in these specifications and certify that this bid is submitted and signed by a licensed franchised dealer within the State of Texas as described in(Section 2.Compliance With Regulations,above)for the vehicle/eauipment described and requested in these specifications. Absence of signature below is guarantee of compliance and understanding.Failure to meet and provide documentation of requirements can make bid non-responsive. PACE 13 OF 15 STATEMENT OF RESIDENCY The following information is required by the City of Fort Worth in order to comply with provisions of state law,TEXAS GOVERNMENT CODE§2252.001,State or Political Subdivision Contracts for Construction,Supplies,Services;Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non-responsive. Bidders'cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate;with its bid, the Statement of Residency Form, but in any event the low bidder shall submit this information within five(5)business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE§2252.001 defines a Texas"resident bidder"as a bidder whose principal place of business*is in the state of Texas,including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE§2252.001 defines a"Nonresident bidder"as a bidder whose parent company or majority owner does not have its principal place of business*in the state of Texas. Bidder's complete company name: State your business address in the space provided below if you are a Texas Resident bidder: State your business address in the space provided below if you are a Nonresident bidder: *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means,for any type of business entity recognized in the State of Texas,that the business entity: o Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted,and 0 Has at least one employee who works in the Texas office Form prepared by: (Name) (Title) Date: PAGE U OF 15 NO BID SHEET FOR VEHICLE LEASE&RENTAL BID INVITATION NO:#04.0092R If your firm has chosen not to submit a bid for this procurement,please complete this form and submit to: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 Please check the items that apply: Do not sell the item(s)required. Cannot be competitive. Cannot meet the Specifications highlighted in the attached Bid. Cannot provide Insurance required. Cannot provide Bonding required. Cannot comply with Indemnification requirements. F1Job too large. Job too small. Do not wish to do business with the City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone:(^) FAX Number:( ) PAGE 15 OF 15 U 1�L .... 0011-21-2004 T'HU 12:32 PM CFW PURCHASING FAX N0. 8173928440 P. 01 FORT WORTH ADDENDUM PAGE I OF 2 BID#04-0092R ` Date: 07-29-20)4 Addendum: #01 Due Date: 08-12.2004 The purpose of this adde,idum is to incorporate the following changes into the purchase specification. The_ allowing is auesta ons, answ rs and chanaes from PLebld Conference on 07.29.200 Vendors:keep in mind the a majority of all vehicles leased by the Police Department will be short term leases of 12 months,few I o be 24 months and limited number could exceed 24 month lease. Long-term leases are Included only for the City to have the ability to obtain longer leases if needed. Question #1. How is a tendor to bid if the vehicle description is not correct? Example: Page 3 of Quote Shoets,A passengi r van is described as needing a sliding door or doors. Answer#1. Bid a vehicle as close to the description as possible keeping in mind that it is understood by the City that thore car be slight differences depending on the actual manufacture quoted. In the example,vendor is to quo;e the industry standard for this type and size of vehicle. Question #2. Does the Clty want separate bids for vehicles with/without power locks and windows? Answer 92. Yes, Provii'Je the price within the total cost of the vehicles. it is anticipated that the majority of the vehicles It-,rsed will be ordered with power locks and windows however In Section 14.0, Prices, Page 3 of 15: VET ldors are to make unpublished options available. Vehicles without power locks and windows will Le considered as an unpublished option to be made available if and when needed. Question *3.Does the(;ity want a separate bid for vehicles with or without tinted windows? Answer #3. Yes, Provid: price within total cost of vehicles for factory tint. It is anticipated that a majority of vehicles leased will be ordered with factory tint however,Section 14.0, Prices,Page 3 of 15: Vendors are to make unp iblished options available.Vehicles with darker tinted windows that do not exceed the legal limit will be considered as an unpublished option to be made available when needed. , Question#4.Will there t e a large number of pick up and delivery locations for lease vehicles? Answer#4. No, Majority of lease vehicles will be ordered by the Police Department where a centrally located pick up and delivery point will be made. Location is: Police Department Service Division,2012 15'"Ave.Fort Worth TX 716102. Contact will be Bob Hicks or appointed representative at(817)392.3510. Question #5.Will short ;erm lease vehicles require a report to be sent to the Police Department and Equipment Services Depa lment required in Section 8.9,Page 2 of 15, and what information is needed? Answer 05. Yes, short terms lease vehicles shall be reported to the Police Department and Equipment Services Dep.irtment with the information requested in Section 8.9, Page 2 of 15 which requires the vendor to rer ort on or before the 1"of the month with additional upon request, including the department and divin bri ordering lease vehicle(s), department and division returning vehicle(s), person and contact info�mation who ordered the lease, detailed description including the Texas license plate number and manufacture/factory vendor identification numbers. Question #6.Will all vehicles require comprehensive,collision and liability insurance? Answer 06.Yes, vehiclfi!i ordered by any department or division will require comprehensive,collision and liability insurance.Viandors are to give quote for the insurance coverage and deductibles in quote pages within space provi:ed. i i 00;'-21-2004 THU 12;32 PM CFW PURCHASING FAX N0, 817392A440 P. 02 ADDENDUM PAGE 2 OF 2 MQuestion #7.What is tMo limits of coverage for each Insurance required? Answer #7. Auto physical damage, property and bodily injury insurance quotes shall be based on limits outlined below. Nole that it is anticipated that for short-term leases, unless otherwise required ■ by vendor, the City ma,r purchase only Auto Physical Damage and self-insure for all of other components. ' -'Each accident(1,000,000(in a coQtbineAsingle limit basis)Or Auto Physical DamageTuji to value of the vehicle) Bodily Injury(limit of$500,000 R1 non n .r o -urren_ .) Property(limit$250,000) List your cost and deductibles on quote sheets for 12 8 24-month leases in space provided, list any additional cost for longer leases of 36, 48 and 60 months on a separate sheet attached to your bid documents. You must cle arly indicate which group/list, length of lease and category of vehicles each price and deductible appli;s to using the category and vehicle number from the quote sheets, Question 98.Who will decide which body shop will make repairs to damaged vehicles? Answer#8.The vendor c r the vendor's insurance provider will determine the body shop? Question 09.Will City shin lease and rental agreements? Answer 99. Yes howevt r will be as follows: The City will execute a one (1) time contract for the general terms and conditions for all rentals and leases with the signature of the appropriate designee � of the City Manager, A CiC?r representative will sign a receipt with vehicle description,monthly charge, mileage,and any other spE-c'rfic information that the vendor requires, Question#10.What is the average mileage accumulated on the lease vehicles? Answer #10. The average is estimated to be about 12,000 miles per year. Keep in mind this is an estimate of the average art i may vary greatly depending on the vehicle's use and assignment. Question #11.Does the Gity need to know what the vendor paid for each vehicle? Answer#19.No Vendors are reminded tha,; this bid can be awarded on a line-by-line, category, section, nonexclusive or all and none bases. Award will be determined by that which is in the best interest of the City as described in Section 17.2, Page 4 of 15 and Section B,at top of Page 7 of 15. All other terms and condhi ins remain unchanged Yours Truly, Robert Combs, Purchasing Manager ' ACKNOWLEDGMENT By the signatures affixed belvA, Addendum No. 01 is hereby incorporated into and made part of the above referenced Invitation to Bid. I Receipt Acknowledged By: i Compan Name Authorized Signature Date NOTE: Company name and signature must be the same as on the original bid, Retum one (1) copy to the RurChasing Division, City of Fort Worth, TeKOa prior to submittal or with your seated bid. FAILURE TO DO 50 MAY CONSTITUTE - GROUNDS FOR REJECTION OF FOUR OFFER. OCT-2.1-2004 THU 12:33 PM CFW PURCHASING FAX NO. 81739PR440 P. 03 FORTWORTH ADDENDUM PAGE I OF 1 BID#04-0092R ' Date: 07-29-21104 Addendum: -002 Due Date: 08-12.2004 The purpose of this adds:idum Is to incorporate the following changes Into the purchase specification. insurance coverage quo:es are required but may not be purchased on all vehicles when City self- insurance is an acceptab a option.Vendor should state their ability to accept City self-insurance in lieu of a commercial policy. to most cases for short-term leases,the City will only purchase Auto Physical coverage with remaining liability covered under the City's self-insurance plan.The City arehrs a flat monthly rata for insuray ice regardless of make and model of the vehicle. Auto Physical(up to vale 3 of vehicle)Monthly Premium$ Deductible Comprehensive and Collision Each Accident(t1 million on combined single limit basis)OR Auto Physical damage (ap to value of the vehicle)+ Bodily Injury (limit of $500,000 per person per occurrence)+Property (limit$250,000) Liability Insurance Monthly Premium 5 Deductible S The City utp%M s list monthly rate per above however if charge for Auto physical or f Comprehensive and Collision insurance must be charged on a per vehicle and type of insurance basis, 1 Ust your cost per vehicles,deductibles and type of insurance on quote sheets and in space provided.If there is a lack of space in the quote sheets, submit on your own attached sheet. You must clearly indicate which category, length of lease, and vehicle each price, deductible and type of Insurance applies. Additional information submitted on own sheets shall be arranged; in same order and format as the original quote sheets.Failure can cause bid to be declared non-responsive. All other terms and conditions remain unchanged Yours Truly, IRobert Combs, Purchasing Manager r•IR.N.MNIIWNMMW�. .w�I1�wA.w.�.�Y....w...n..ln.�w....—w—w.�w .r1t-MMMMW.M��.wNwww—�� NMNN ACKNOWLEDGMENT .MIMw.u......r.---' -r.. , r.T�rr-n..rr.a-.n.......r.wYwrww^.-.n•..nnyN.../N�uwn.-N�Nr..Y.w��nw.rYw�.w.T11r By the signature, affixed W.,ow, Addendum No. 02 Is hereby incorporated into and made part of the above referenced Invitation to Bid. Receipt Acknowledged Q r: g(f r Lo Compan Name Authorized Signatu Date NOTE: Company name and t ignature must be the some as on the original bid. Return one (1) copy to the Purchasing Division, City of Fort Worth, Texas prior to submittal or with your sealed bid. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION GI:YOUR OFFFR. r I Attachment A-Enterprise Lease/Rental Rates and Options(Bid 04-0092R) Bid 04-0092R Enterprise Bid 04-0092R Enterprise Category#1 Bid Alternate Category#1 Bid Alternate Vehicle#1 Compact Passenger Car Vehicle#3 Full-Size Passenger Car 12 Month Lease $435.00 $435.00 12 Month Lease $490.00 $490.00 24 Month Lease $435.00 $435.00 24 Month Lease $490.00 $490.00 36 Month Lease $435.00 $435.00 36 Month Lease $490.00 $490.00 48 Month Lease $435.00 $435.00 48 Month Lease $490.00 $490.00 60 Month Lease $435.00 $435.00 60 Month Lease $490.00 $490.00 1 Day Rental $28.00 $28.00 1 Day Rental $33.00 $33.00 1 Week Rental $154.00 $154.00 1 Week Rental $181.00 $181.00 1 Month Rental $535.00 $535.00 1 Month Rental $644.00 $644.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None Vehicle#2 Mid-Size Passenger Car Vehicle#4 Mini Passenger Van 12 Month Lease $440.00 $440.00 12 Month Lease $590.00 $590.00 24 Month Lease $440.00 $440.00 24 Month Lease $590.00 $590.00 36 Month Lease $440.00 $440.00 36 Month Lease $590.00 $590.00 48 Month Lease $440.00 $440.00 48 Month Lease $590.00 $590.00 60 Month Lease $440.00 $440.00 60 Month Lease $590.00 $590.00 1 Day Rental $28.00 $28.00 1 Day Rental $42.00 $42.00 1 Week Rental $154.00 $154.00 1 Week Rental $215.00 $215.00 1 Month Rental $535.00 $535.00 1 Month Rental $680.00 $680.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None -4- S 4 �`v -- �9 nterpri ]� Fpage 4 Pf 5 Attachment A-Enterprise Lease/Rental Rates and Options(Bid 04-0092R) Bid 04.0092R Enterprise Bid 04.0092R Enterprise Category#1 Bid Alternate Category#1 Bid Alternate Vehicle#5 Full-Size Pas sen er Van Vehicle#7 Full-Size Cargo Van 12 Month Lease $780.00 $780.00 12 Month Lease $550.00 $550.00 24 Month Lease $780.00 $780.00 24 Month Lease $550.00 $550.00 36 Month Lease $780.00 $780.00 36 Month Lease $550.00 $550.00 48 Month Lease $780.00 $780.00 48 Month Lease $550.00 $550.00 60 Month Lease $780.00 $780.00 60 Month Lease $550.00 $550.00 1 Day Rental $70.00 $70.00 1 Day Rental $50.00 $50.00 1 Week Rental $375.00 $375.00 1 Week Rental $275.00 $275.00 1 Month Rental $1,000.00 $1,000.00 1 Month Rental $800.00 $800.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None Vehicle#6 Mini Car, o Van Vehicle#8 Compact SUV 12 Month Lease $550.00 $550.00 12 Month Lease $580.00 $580.00 24 Month Lease $550.00 $550.00 24 Month Lease $580.00 $580.00 36 Month Lease $550.00 $550.00 36 Month Lease $580.00 $580.00 48 Month Lease $550.00 $550.00 48 Month Lease $580.00 $580.00 60 Month Lease $550.00 $550.00 60 Month Lease $580.00 $580.00 1 Day Rental $50.00 $50.00 1 Day Rental $45.00 $45.00 1 Week Rental $275.00 $275.00 1 Week Rental $220.00 $220.00 1 Month Rental $800.00 $800.00 1 Month Rental $680.00 $680.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None Enterprise page 2 of 5 Attachment A-Enterprise Lease/Rental Rates and Options(Bid 04-0092R) Bid 04.0092R Enterprise Bid 04.0092R Enterprise Category#1 Bid Alternate Category#1 Bid I Alternate Vehicle#9 Mid-Size SUV Vehicle#11 Mid-Size SUV 44 12 Month Lease $580.00 $580.00 12 Month Lease $680.00 $680.00 24 Month Lease $580.00 $580.00 24 Month Lease $680.00 $680.00 36 Month Lease $580.00 $580.00 36 Month Lease $680.00 $680.00 48 Month Lease $580.00 $580.00 48 Month Lease $680.00 $680.00 60 Month Lease $580.00 $580.00 60 Month Lease $680.00 $680.00 1 Day Rental $45.00 $45.00 1 Day Rental $50.00 $50.00 1 Week Rental $220.00 $220.00 1 Week Rental $275.00 $275.00 1 Month Rental $680.00 $680.00 1 Month Rental $750.00 $750.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None I None Vehicle#10 Full-Size SUV Vehicle#12 Full-Size SUV 4x4 12 Month Lease $750.00 $750.00 12 Month Lease $780.00 $780.00 24 Month Lease $750.00 $750.00 24 Month Lease $780.00 $780.00 36 Month Lease $750.00 $750.00 36 Month Lease $780.00 $780.00 48 Month Lease $750.00 $750.00 48 Month Lease $780.00 $780.00 60 Month Lease $750.00 $750.00 60 Month Lease $780.00 $780.00 1 Day Rental $75.00 $75.00 1 Day Rental No Bid No Bid 1 Week Rental $325.00 $325.00 1 Week Rental No Bid No Bid 1 Month Rental $770.00 $770.00 1 Month Rental $825.00 $825.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None Entsrprisl page 3 6f5 Attachment A-Enterprise Lease/Rental Rates and Options(Bid 04-00928) Bid 04.0092R Enterprise Bid 04.0092R Enterprise Category#1 Bid Alternate Category#1 Bid Alternate Vehicle#13 Compact Pickup Vehicle#15 Compact Pickup Ext Cab 12 Month Lease $475.00 $475.00 12 Month Lease $475.00 $475.00 24 Month Lease $475.00 $475.00 24 Month Lease $475.00 $475.00 36 Month Lease $475.00 $475.00 36 Month Lease $475.00 $475.00 48 Month Lease $475.00 $475.00 48 Month Lease $475.00 $475.00 60 Month Lease $475.00 $475.00 60 Month Lease $475.00 $475.00 1 Day Rental $45.00 $45.00 1 Day Rental $45.00 $45.00 1 Week Rental $220.00 $220.00 1 Week Rental $220.00 $220.00 1 Month Rental $525.00 $525.00 1 Month Rental $525.00 $525.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None Vehicle#14 Full-Size Pickup Vehicle#16 Full-Size Pickup Ext Cab 12 Month Lease $475.00 $475.00 12 Month Lease $500.00 $500.00 24 Month Lease $475.00 $475.00 24 Month Lease $500.00 $500.00 36 Month Lease $475.00 $475.00 36 Month Lease $500.00 $500.00 48 Month Lease $475.00 $475.00 48 Month Lease $500.00 $500.00 60 Month Lease $475.00 $475.00 60 Month Lease $500.00 $500.00 1 Day Rental $45.00 $45.00 1 Day Rental $50.00 $50.00 1 Week Rental $220.00 $220.00 1 Week Rental $270.00 $270.00 1 Month Rental $525.00 $525.00 1 Month Rental $570.00 $570.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None one Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None Enterprise page 4 of 5 Attachment A-Enterprise Lease/Rental Rates and Options(Bid 04-0092R) Bid 04-0092R Enterprise Bid 04.0092R Enterprise Category#1 Bid Alternate Category#1 Bid Alternate Vehicle#17 Full-Size Pickup 4x4 Vehicle#18 Full-Size Pk Ext Cab 4x4 12 Month Lease $600.00 $600.00 12 Month Lease $600.00 $600.00 24 Month Lease $600.00 $600.00 24 Month Lease $600.00 $600.00 36 Month Lease $600.00 $600.00 36 Month Lease $600.00 $600.00 48 Month Lease $600.00 $600.00 48 Month Lease $600.00 $600.00 60 Month Lease $600.00 $600.00 60 Month Lease $600.00 $600.00 1 Day Rental No Bid No Bid 1 Day Rental No Bid No Bid 1 Week Rental No Bid No Bid 1 Week Rental No Bid No Bid 1 Month Rental $700.00 $700.00 1 Month Rental $700.00 $700.00 Physical Ins.Per Month Included $30.00 Physical Ins.Per Month Included $30.00 Physical Ins.Deductible $1,000.00 None Physical Ins.Deductible $1,000.00 None Liability Ins.Per Month $75.00 $75.00 Liability Ins.Per Month $75.00 $75.00 Liability Ins.Deductible None None Liability Ins.Deductible None None Over Mile Limit Charge None None Over Mile Limit Charge None None Enterprise page 5 of 5 a ATTACHMENT B 0 a: i � o 11 rent a-car 0 co co N W m r- cn o z Auto.Physical,Comprehensive and Collision,and Liability Coverages as proposed by Enterprise Rent-a-Car ATTAGi•IMEMT$- - x rte. _ DESCRIPTION OF COVERAGE PREMIUM DEDUCTIBLE Supplemental Liability Protection-1001300125 $50fnronth $0 Supplementa[Liability Protection-$1,000,000 combined tingle limit $75/month $0 CD a Collision Damage Waiver' $301month SD rn d Included in the Collision Dannage Waiver= proposed rate $1,ODO 3 Li U � � CDVI' For an additional 53CrmdNh We offer a zero deduclib�e on the standard damage cdrsion waiver. n. M m i:LOW'This plan provides coverage tip;o the value of the vemme and camas standard in free propostri rang(Se=.,uaci��m(4 A). m l� J o = 7c\ji Ni K'�W <-> !ti i M AM i !•l 1•I M ttti tttttN sl OK OK Sol IW City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/5/2004 DATE: Tuesday, October 05, 2004 LOG NAME: 13PO4-0092R REFERENCE NO.: **P-10020 SUBJECT: Purchase Agreement for Vehicle Lease and Rentals with Multiple Vendors for the City of Fort Worth RECOMMENDATION: It is recommended that the City Council: 1. Authorize purchase agreements for vehicle lease and rentals with multiple vendors for the City of Fort Worth based upon the "best value" for Category No.1, Enterprise Rent A Car and Category No. 2, Advantage Rent A Car. Payment is due 30 days from date the invoice is received. See the attached bid tabulation for list of vehicles and pricing. 2. Authorize this agreement to begin October 5, 2004 and expire on October 4, 2005, with options to renew for four additional one-year periods. 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "the Interlocal Cooperation Act." DISCUSSION: City Departments will use this agreement to obtain the lease or rental of various types, sizes, makes and models of automobiles, sport utility vehicles, vans and pickup trucks including supplemental liability and collision damage insurance. These vehicles will be used in permanent or temporary assignments throughout the City by various departments and divisions on an as needed basis. The invitation to bid consisted of detailed specifications describing the need for the City to have an ability to obtain supplemental liability insurance, collision damage insurance and a good mixture of various size, makes and models of foreign and domestic vehicles that best fit the department's need for the assigned duties. During a pre-bid conference, it was stressed to all vendors that the bid would be awarded based upon the best value to the City for insurance coverage and mixture of vehicles. BID ADVERTISEMENT — This bid was advertised on July 28 and August 4, 2004, in the Commercial Recorder. The Purchasing Division solicited 16 vendors from the City's electronic vendor list. Six vendors responded with bids. RENEWAL OPTIONS — This agreement may be renewed for up to four successive one-year terms at the City's option. This action does not require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. BID TABULATION —See the attached Bid Tabulation. M/WBE - A waiver of the goal for MMBE subcontracting requirements was requested by the Purchasing Loaname: 13PO4-0092R PnuP I of Division and approved by the M/WBE Office because the purchase of goods is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of the participating City departments. BQN\04-0092R\KDK TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Richard Zavala (Acting) (6183) Originating Department Head: Jim Keyes (8517) Additional Information Contact: Robert Combs (8357) Kevin Karle (8356) LoLyname: 13PO4-0092R PaaP ? nf7