HomeMy WebLinkAboutContract 61390CSC No. 61390
ADDENDUM TO RENTAL AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
SPORTSMAN'S RV RENTALS
This Addendum to Rental Agreement Terms and Conditions ("Addendum") is entered into
by and between Sportsman's RV Rentals, LLC ("Vendor") and the City of Fort Worth ("City"),
individually referred to as "party" and collectively the "parties", for Recreational Vehicle Rentals.
The Contract documents shall include the following:
1. The Rental Agreement Terms and Conditions; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Rental Agreement Terms and
Conditions ("Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum
below by a representative of each party duly authorized to bind the parties hereto, that the parties
hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as
follows:
1. Term. The Agreement shall become effective upon the signing of the Agreement
by the Assistant City Manager ("Effective Date") and shall expire no later than twelve months
from effective date ("Expiration Date"), unless terminated earlier in accordance with the
provisions of the Agreement. The Agreement may be renewed for four (4) one-year renewals by
written mutual agreement of the parties, each a "Renewal Term."
2. Compensation. Total compensation under this Agreement will not exceed fifty
thousand dollars ($50,000.00) annually. City will pay Vendor in accordance with the Prompt Payment
Act (Chapter 2251 of the Texas Government Code) and the provisions of this Agreement. Vendor will not
perform any additional services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City will not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.
3. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days' written notice of
termination.
b. Breach. If either party commits a material breach of the Agreement, the non -
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non -breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
OFFICIAL RECORD
Addendum CITY SECRETARY page 1 of 8
FT. WORTH, TX
non -breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine-readable format or other format deemed acceptable to City.
4. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
5. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
6. Notices to Parties. Notices required pursuant to the provisions of this Agreement
shall be conclusively determined to have been delivered when (1) hand -delivered to the other party,
its agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
Addendum Page 2 of 8
Me - c
TO SELLER
City of Fort Worth 5p,,.Ls..,an's RV Rentals, LL.0
Attn: Purchasing Manager 200 Texas Attm Chad Harrison, Owner
Street 5015 Dick Price Road
Fort Worth, TX 76102-6314 Fort Worth, TX 76140
Facsimile. (817) 392-8654
With copy to Fort Worth City Attorney's
Office at same address
7. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by
Governmental Units," is self -insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision, the
parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self -insured status as
requested by Vendor.
8. Sovereign Immunitv. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity, such provisions are hereby deleted and shall have no force or effect.
9. Limitation of Liability and Indemnity. TO THE EXTENT THE
AGREEMENT, IN ANY WAY, LDHTS THE LIABILITY OF VENDOR OR REQUIRES
CITY TO INDEMNWY OR HOLD VENDOR OR ANY PARTY HARMLESS
FROM DAMAGES OF ANY KIND OR CHARACTER, CITY OBJECTS TO THESE
.TERMS AND ANY SUCH TERMS ARE HEREBY DELETED FROM THE AGREEMENT
AND SHALL HAVE NO FORCE OR EFFECT.
10. No Mandatory Arbitration. To the extent the Agreement requires mandatory
arbitration to resolve conflicts, City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect
11. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
12. Public Information. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of
Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
Addendum _ Page 3 of 8
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
13. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
14. Immiaration Nationalitv Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (1-9). Upon request by City, Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
15. Riaht to Audit. Vendor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
16. Counteroarts. This Addendum may be executed in multiple counterparts, each of
which shall be an original and all of which shall constitute one and the same instrument. A
facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as
and shall have the same effect as an original.
17. Sianature. The person signing this Agreement hereby warrants that he or she has
the legal authority to execute this Agreement on behalf of his or her respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other authorization of
the person or entity. The other Party is fully entitled to rely on this warranty and representation in
entering into this Agreement. Should that person or entity not be authorized, the terms and
conditions of this Agreement shall be binding as against the signatore and he or she shall be subject
to the terms and conditions of this Agreement.
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Addendum Page 5 of 8
ACCEPTED AND AGREED:
CITY:
City of Fort Worth
'Dacia �r gG�alo F
Byj)ana Burghd off(May ,2024 I7V CDT)
Name: Dana Burgbdoff
Title: Assistant City Manager
Date: May 9, 2024
Approval Recommended:
By: 5 Davis 9, 202413:19 CDT)
Name: James E. Davis
Title: Fire Chief
Attest:
A
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Contract Compliance Manager -
By signing I acknowledge that I am the person
responsible for the ,tlti:16 and administration
of this contract, inching ensuring all performance
and reporting requirements.
By: Br a Ra`y (May 6, 2024 08:10 CDT)
Name: Brenda Ray
Title: Fire Purchasing Manager
Approved as to Form and Legality:
By:
Name: Andrea Phillips
o ;�� FORto9po Title: Assistant City Attorney
�e
ovo 00�.'
7C{ontract Authorization:
3Y
ASo"O'p &C: NIA
��nnooab
AMC Date: NIA
Form 1295: NIA
Sportsman's RV Rentals, LLC
01'hkd a
a.
Name: Chad Harrison y
Title: Owner
Date: 5/
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 6 of 8
RENirALAGREERKNTTERN SAND CDN DffM)NS("Terms & QmdkmviC)
1. Dart ISinitio "Agreement" means all terms and conditions fwmd in these Terms & Conditions, the Face Page, any addenda and any
additional materials that we provide and that you sign at the time of rental. "Yod' or "your" means the person identified as the renter in
dais Agreement, any Pelson signing this Agreeanen; any Authorized r3aiver and any person or organization to whom charges are billed by us
at its or the renter's direction. All personas referred to as you" or "your" are jointly and severally bound by this Agreement 'We, our" or
"es means the rental company named in this Agreement Auuthorhad Oriree means the renter and each driver permit to drive the
towing vehicle with the Vehicle in tow. Every Authorized (river must have a valid driver's license and be at least age 25. "Vehicle" means
the no.. towed recreational vehicle identified in this Agreement and each vehicle we substitute for it, all the Vehicle's
equipment awnings, keys and Vehicle documents. The Vehicle may be equipped with global positioning satellite (IGPS') technology or
another tel ematics system and/or an event data recorder, and privacy is not guaranteed. "tom of Use" means the kris of our ability to
use the Vehicle for our purposes due to Vehicle damage or loss during this rental, Including, without limitation, use for rent, display for rent
and sale, opportunity to upgrade or sell, or transportation of employees tliminrfshad Vake" means the difference between the fair
market value of the Vehicle before damage and its value after repairs as calculated by a third -Party estimate obtained by us or on our
behalf. "Charges" imam the fees and charges that are incurred under this Agreement Mental Period" means the period between the
time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us. "Vehicle License
Fee," "Vehicle Licersirg," "Vehicle License Prop Tax," "Vehicle License Cost Recovery Fee," or "Motor Vehicle Tax" means a vehicle
license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing titling, and
registration costs or as otherwise defined under applicable law.
2. Rental. hhdesmdty and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense
without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement You agree to indemnify us, defend us and
hold us harmless from all claims, liability, coasts and attorneys' fees we incur resulting from, or arising out of, this rental or your use of the
Vehide or cur —,—;-b. of it We male i nowarranties, atones., wrya- orappa+asd, sagardingthe Velode or Optiernai Equipraent no
warranty of mend antabiky, and no warranty the the Vehicle or Optional Egvhiment is fit for a partiadar purpose.
3. Your Representations and Warranties,. You represent and warrant that: the towing vehicle that you use during the Ramat Period has
the capacity to tow the Vehicho; any load will be properly loaded and placed for safe operation of the Vehicle; and you vA ensure that
when towing the Vehicle, R is properly secured and connected to the towing vehicle and will use safety chairs, obis, locking devices
and other similar devices mooting the requirements of applicable law_
4. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time
specified in this Agreement, and in the same condition that you received it, except for ordinary wear. You must empty waste tanks_ If you
wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the
due4n date. if the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to the Vehicle until we
Inspect it upon our next opening for business, and Charges may continue to accrue. Service to the Vehicle or replacement of parts or
accessories during the rental must have our prior written approval.
S. Responsibility for Damaw or Loss: Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including
damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical damage to the Vehicle
measured as follows: (i) if we determine that the Vehicle is a total loss,, the actual cash value of the Vehicle, less salvage; (h) if we
determine that the Vehicle is repalfable: (A) the difference between the value of the Vehicle immediately before the damage and the value
immediately after the damage; or (8) the reasonable estimated retail value or actual cost of repair phis Diminished Value; (b) Loss of Use,
which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is
damaged until it is replaced or repaired, which you agree represents a reasonable estimate of loss of Use damages and not a penalty; (c)
an administrative fee, calculated based on the damage repair estimate as follows which you agree is reasonable: $0-$250 damage=$50
fee; $251-$500 damage=$75 fee; $501$750 damage--$loo fee; $751-$15W damage=$150 fee; $i5o1-$2500 damage=$200 fee; ever
$2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e)
all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys' fees, collection fees and costs
whether or not litigation is cornrnenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as
you discover them.
b_ Prohibited Uses The following acts or uses of the Vehicle are prohibited and constitute material breaches of this Agreement: (a)
Towing the Vehicle: (1 by anyone vA►o is not an Authorized Driver, or by anyone whose driver's license is suspended in any jurisdiction;
(IQ by anyone under the irdluence of drugs or alcohol; (M-1 by anyone who obtained the Vehicle or extended the rental period by givins
us false, frauuduteat or misleading information; (w) in furtherance of an ilegal purpose or under circumstance that would constitute a
violation of law other than a mirror traffic ertationr (r) for commercial purposes without our written consent; (vi) to carry dangerous or
hazardous IGemao or illegal material; (vi Q outside the United s or Capada; (viiQ when loaded beyond the maniallectu mes suggested
tow rating for the Vehicle; (ix) when driven trough or under an underpass or other stzucture without scrffnclew overhead or sloe
Beam oe or wbssr driver on unpaved roads; (x) when it is reasonable to expect you to know that itmther operation world damage the
Vehida; (el in a manner that cater damage to the Vehicle due to inadequately secured cargo; (xv7 with your vehicle when your
vehicle has insufficient towing capacity as determined by the manufacturer of your vehicle; or (x7m) by anyone who is sending or
receiving an alectronic message, including text (SMS) messages or emails, whila operating die towing vebicie; (b) Failing to properly bad
material and d`stribute the weight of those materials to allow safe operation of the Vehclh, (c) Fae1'mg to properly secure the vehicle to
the towing vehicle; (d) FeWow to summoo the police to an accidet involving the Vehicle; (a) Damagirg the Vehicle by your betentimmab
wanton wOul or reckless conduct; (f) Transporting on animal (other than a service anim&Q era the Vehicle without our written consent;
Addendum Page 7 of 8
(g) Sitting, standing or lying on the roof or exterior of the Vehicle; (h) Transporting passengers in or on the vehicle while the Vehicle is
being towed; (f) Piecing signs or lettering on the outside of the Vehicle; (j) Placing loudspeakers or other sound equipment on the
exterior of the Vehicle; (k) Faiing to tee the Vohkb in rbmpAance wkh all Iristructiots and warnings provided by us; (1) Usiing fuel with
an oetate rating higher than 87 IT the Vehicle is equipped with an outside fuel station; and (m) Smoking in the Vehicle. PROHIBITED USE
OF THE VEHICLE VIOLATES IFUSAGREEMENTAND VOIDS ALL INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
7. Optional Equipment. iNe offer certain Optional Equipment, including navigational systems, kitchen or linen packages, and child safety
seats, upon request and subject to availability for your use during the rental at an additional charge. AR Optional EquryimenR is, rented AS
is and must be returned to us at the and of the rental in the some condition as when rented. if you rent a child safety seat, you must
inspect and Install the child seat into the Vehicle yourself. If you rent a GP5 device, you should review the operational instructions before
leaving the rental location.
& Insurance. We provide collision and comprehensive insurance on the Vehicle with a deductible. You are responsible for the deductible
amount. This insurance does not cover Loss of Use or our administrative expenses incurred processing a damage claim. Coverage is void if
you materially breach this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. You must (a)
report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b)
provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the
Vehicle. You are responsible for all damage to the Vehicle that Is tat covered by our insurance policies or that is in excess of our
insurance limits. We do not provide lability insurance coverage on the Vehicle. You are resporolle for all damage or injury you cause
to third parties and agree to provide liability insurance coverage on the Vehicle through the Insurance policy that covers your towing
vehicle.
9. C,gr es and Costs. You permit us to reserve against your aediVdabit card ("Reserve) or take a cash deposit ("Deposilr) at the time
of rental a reasonable amount in addition to the estimated charges. We may am the Reserve or Deposit to pay aA Charges. We will
authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your debit/credit card
issuer's rules will apply to your account being credited for the awass, which may not be immediately released by the card issuer, mud
refund of your Deposit may require up to 21 days to process and return. You will pay us, or the appropriate government authorities,
at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) optional products
and services you purchased; (c) taxes and surcharges; (d) all expenses we incur in locating and recovering the Vehicle if you fail to return it
or if we elect to repossess the Vehicle under the terms of this Agreement; (e) all cents, including pre- and post -judgment attorney fees, vie
incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a reasonable fee not to exceed $ 450.00
to clean the Vehicle if returned substantially less dean than when rented; (g) a surcharge if you return the Vehicle to a location other than
the location where you rented the Vehicle or if you do not return it on the date and time due, and you may be charged the standard rates
for each day (or partial day) after the duamin date, which may be substantially higher than the rates for the initially agreed rental period if a
special or promotional rate applied to the initially agreed rental period; (h) replacement cost of cost or damaged parts and supplies used In
Optional Equipment; and rQ a dumping fee of $50 if the Vehicle's waste tanks have not been drained (valves open, caps off) prior to return
of the Vehicle. AA Charges aresubject to our final audit. if errors are discovered aRer the close of this transaction, you authorize us to
correct the Charges with the payment card issuer.
10. Your Prooarty. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of
any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our
offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
21. Resoomat7dlitr for Traffic Violations, and Other Memos. You are responsible for paying the charging authorities directly all parking
citations, photo enforcement fees, fires for toll evasion, and other fines, fees, and penalties (each a "Violation") assessed against you, us
or the Vehicle during the Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a
Violation, you will pay us or a processing firm ("Processor") of our choosing an administrative fee of up to $50 for each such notification.
You authorize us to release your rental and payment card information to a Processor for processing and baling purposes. if we or the
Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the
payment card you used in wrhnection with this real.
12. Our Responsibility to You if the Vehicle becomes Inooerabla�. if the Vehicle becomes inoperable for more than 24 hours, our liability
to you is limited to the daily rental rate times the number of days the Vehicle is inoperable.
13. Personal knforrmation. You agree that we may disclose personally identifiable information about you to applicable) law enforcement
agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business
functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.
14. Wscollimemm No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement
constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental
are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your
obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights
under bids Agreement does not constitute a waiver of any other provision of this Agreement. You nsalve all recourse against us for any
criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you
release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. if
any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will
be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules
thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that
jurisdiction_ Basic NBATowable 061515
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