HomeMy WebLinkAboutContract 62090FORT WORTH CSC No. 62090
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Big Truck
Rental, LLC ("Vendor"), a Florida limited liability company, and the City of Fort Worth, ("City"),
a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement; OFFICIAL RECORD
2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; CITY SECRETARY
3. Exhibit B — Omnia Partners Cooperative Contract #2019000319; and FT. WORTH, Tx
4. Exhibit C — Conflict of Interest Questionnaire.
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited
by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this
Cooperative Purchase Agreement shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall be an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00). Vendor shall
not provide any additional items or 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 shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below ("Effective Date") and expires on October 31, 2025 in line with the cooperative contract.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that 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 the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
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 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.
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
laws 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. To the extent the Agreement
requires the successful party to be entitled to collect fees and costs associated with enforcement of this
Agreement, City objects to such terms and any such terms are hereby deleted from the Agreement and
shall have no force or effect.
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.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to
indemnify or hold Vendor or any third 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.
The undersigned represents and warrants that he or she has the power and authority to execute
this Agreement and bind the respective Vendor.
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:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office
at same address
To VENDOR:
Big Truck Rental, LLC
Attn.: Scott Smith
4221 W. Boyscout Blvd, Suite 400
Tampa, FL 33607
[SIGNATURES ON FOLLOWING PAGE]
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
024
By signing I acknowledge that I am the person
By: va(eriWashington (Oct s 10:49 CDT)
responsible for the monitoring and administration
Name: Valerie Washington
of this contract, including ensuring all performance
Title: Assistant City Manager
and reporting requirements.
Date: Oct 8, 2024
APPROVAL RECOMMENDED:
By: A-��
Name: James Keezell
Title: Assistant Environmental Services Director
By:
Name: Oneil Johnson
Title: Environmental Services Superintendent
APPROVED AS TO FORM AND LEGALITY:
"t ��r WWWYYy YYlll b�� ��►�(i(
ATTEST:
B Y.
p��FFORTo9�d
°ono a=d
Name: M. Kevin Anders, II
oa p
Title: Assistant City Attorney
By:
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Big Truck Rental LLC
Soaft SMH-h
By: ttt7ith-HIV 11 T.
Name: Scott Smith
Title: Senior Director of Sales
Date:
Oct 4, 2024
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A — Seller's Quote, Scope of Services or Purchase Order
ROUTE
B7rR I i9ktREROY
Company Address 4221 W. Boyscout Blvd Created Date 10/4/2024
Suite 400 Email barthur@bigtruckrental.com
Tampa, FL 33607
Quote Number 00045513
Prepared By Brianna Arthur
Billing Customer
City of Fort Worth
Billing Contact
Denise Medrano
Billing Address
4100 Columbus Trail
Fort Worth TX 76104
Billing Email
den ise. medrano(&fortworthtexas. gov
Billing Phone
(817)392-2031
Order Subtotal $9,100.00
Total Security $0.00
Deposit
Total Transportation $0.00
Cost
Special Terms Customer will pick up in Hutchins, TX. BTR will
quote return freight at termination of rental.
Pricing is for a 4-week rental period and is based
on OMNIA Partners National Cooperative
Contract #2019000319.
Rental Customer
City of Fort Worth
Shipping Contact
Jim Keezell
Shipping Address
4100 Columbus Trail
Fort Worth TX 76104
Shipping Email
fames.keezellafortworthtexas.gov
Shipping Phone
(817) 392-6058
Shipping Mobile
8173925153
Total Amount Due $9,100.00
MASTER RENTAL AGREEMENT: This document supplements the Master Rental Agreement, which the Customer signed and is subject to all
provisions therein.
ROUTE
BTR I ,\�READM
TAXES: A rental invoice will be issued within one week after delivery, including all applicable taxes.
INSURANCE: This Supplemental Rental Agreement utilizes the insurance information provided in the Master Rental Agreement. Customer is
required to provide continued proof of insurance at the inception of this Supplemental Rental Agreement and through the duration of the same.
RENTAL RATE: Customer is to use the Vehicle for a maximum of one -shift, which is defined as not more than 50 hours per week. If Customer
uses the Vehicle beyond one -shift, Customer agrees that it will pay an additional charge for such use. The additional charge shall be calculated
in the following manner: (a) If the Customer uses the Vehicle more than 50 hours per week but less than 80 hours per week, then Customer
shall pay an additional charge equal to one-half ('/_) times the Rental Rate; (b) If the Customer uses the Vehicle 80 or more hours per week,
then Customer shall pay an additional charge equal to one (1) times the Rental Rate.
MAINTENANCE: Customer is responsible for all routine maintenance of the truck and body while it is in the care and control of the Customer.
Refer to Section 6 of the Master Agreement for detailed responsibility.
DAMAGE: Customer will be back billed for any damage to the rented property which Big Truck Rental determines to be beyond normal wear
and tear. In addition, if the damage to a rented vehicle prevents Big Truck Rental from reletting the vehicle resulting in additional downtime and
lost rental revenue for Big Truck Rental, then this Supplemental Rental Agreement shall automatically extend and Customer shall be billed for
a reasonable period of time with which to make the necessary repairs. The customer is responsible for collection of prepaid security deposit.
Uncollected security deposits older than one year, will be forfeited.
TIRES: As a tire is a consumable item, Big Truck Rental documents the condition of the tires on its trucks at the inception of the rental and at
the time that the truck is returned. It is the Customer's responsibility to assure that the tires are in substantially the same condition at the end of
the rental as when the truck is received by the Customer. Tires worn substantially more at the time they are returned than at the rental
inception shall be back billed. In addition, any Non -Steer Tires(s) replaced during the duration of the rental period shall be replaced with a
recappable casing. All Steer Tires must be replaced with a virgin tire. No exceptions. If Customer fails to replace the tire(s) as outlined herein,
Big Truck Rental shall back bill for the cost of replacing said tire(s). Any casing deemed un-recappable by our tire vendor will be back billed.
FUEL: Short-term rentals are not subject to IFTA, all fuel tax and the reporting thereof is the responsibility of the renter. Any violations or fines
of that nature are the responsibility of the Customer.
GOVERNMENT: All trucks rented from Big Truck Rental are owned by Big Truck Rental. Customer shall not cover or remove any truck
identification, other than DOT numbers. Big Truck Rental's vehicles are legally licensed on the federal highways of 48 states, however, any
state or local permits for state or county road use and waste pick up and/ or disposal are the sole and absolute responsibility of the Customer.
Customer agrees Big Truck Rental is not the motor carrier operator and will display customer's DOT number as required by law.
By execution of this Rental Agreement, Customer acknowledges that the Vehicle described herein is rented to and in accordance with the
terms, conditions, and provisions of the Master Rental Agreement and Rental Extension Agreement previously signed by the Customer and
also those terms found in this Supplemental Rental Agreement. Customer evidences such knowledge by signing below.
Note: See Master Rental Agreement (Section 2) for allowance of hours under Rental Term.
DRIVER'S LICENSE INFORMATION IS MANDATORY FOR RENTAL.
CUSTOMER NAME
BY:
(Signature)
PRINT NAME:
TITLE:
PURCHASE ORDER #:
DATE:
TAX ID #:
STATE:
Initial here acknowledging you have read Section 6 on
maintenance responsibility in the Master Agreement.
Please sign quote and email to btrsales(@biatruckrental.com or
ROUTE
BTR I k9tRERDY
Agent's Name:
Driver's License #:
State:
Agent's Name:
Driver's License #:
State:
fax to 18131 261-0821
Agent's Name:
Driver's License #:
State:
Agent's Name:
Driver's License #:
State:
Big Truck Rental is not liable for leaving a Vehicle to any of Customer's agents that are not listed above.
BIG'1 ' RENTAL�
Company Address 4221 W. Boyscout Blvd
Suite 400
Tampa, FL 33607
Prepared By Brianna Arthur
Billing Customer
City of Fort Worth
Billing Contact
Denise Medrano
Billing Address
4100 Columbus Trail
Fort Worth TX 76104
Billing Phone
(817)392-2031
Billing Email
den ise.medrano(cDfortworthtexas.gov
Created Date 9/30/2024
Quote Number 00045513
Rental Customer
City of Fort Worth
Shipping Contact
Jim Keezell
Shipping Address
4100 Columbus Trail
Fort Worth TX 76104
Shipping Phone (817) 392-6058
Shipping Mobile 8173925153
Shipping Email lames.keezell(c)fortworthtexas.gov
This Master Rental Agreement ("Master Agreement") is between BIG TRUCK RENTAL, LLC, a Florida limited liability company, ("Big
Truck Rental") and the customer named on the first page of this Master Agreement ("Customer"). Big Truck Rental and Customer shall
sometimes be collectively referred to as the "Parties." This Master Agreement provides the basic terms of every rental contract between Big
Truck Rental and Customer, however, the specifics of each rental contact shall be found in the Supplemental Rental Agreement(s)
("Supplemental Agreement(s)") or the Rental Extension Agreement(s) ("Extension Agreement (s)"). All capitalized terms are defined herein or
in the Supplement Agreement or Extension Agreement.
1. Vehicles Covered: Big Truck Rental agrees to rent to Customer and Customer agrees to rent from Big Truck Rental certain vehicles (the
"Vehicle(s)") subject to all terms, conditions and provisions set forth herein.
2. Payment of Rental: Customer agrees that it will pay the rental rate and other charges as set forth in the Supplemental Agreement(s)
and Extension Agreement(s) (the "Rental Charges"), including, but not limited to, time, mileage, fuel, service, transportation, delivery, pick-up
and all other charges, in advance on the day specified. In addition to the Rental Charges, Customer shall pay and/or reimburse Big Truck
Rental for any sales tax, use tax, personal property tax, license fee, registration fee or fees levied or based upon the rental, use or operation of
the Vehicle. During the term of this Master Agreement, the rental rate set forth in the corresponding Supplemental Agreement or
Extension Agreement (the "Rental Rate") shall entitle Customer to use the Vehicle for a maximum of one -shift, which is defined as not more
than 50 hours per week. If Customer uses the Vehicle beyond one -shift, Customer agrees that it will pay an additional charge for such use,
calculated in the following manner: more than 50 hours per week but less than 80 hours per week, Customer shall pay an additional charge
equal to one-half ('/2) times the Rental Rate; 80 or more hours per week, Customer shall pay an additional charge equal to one (1) times the
Rental Rate. All Rentals Charges shall be paid by Customer to Big Truck Rental at its address set forth in the Supplemental Agreement or
Extension Agreement or in such other manner or at such other place as Big Truck Rental notifies the Customer. Customer shall make all
payments under this Master Agreement, all Supplemental Agreements and Extension Agreements without set-off, counterclaim or defense.
3. Security for Customer's Performance: Concurrently with the execution of this Master Agreement, Big Truck Rental may demand a
security deposit to secure the performance by the Customer of its financial obligations under this Master Agreement, Supplemental
Agreement(s) and Extension Agreement(s). Customer hereby authorizes Big Truck Rental to apply security deposit i for Customer's obligations
on each vehicle rented within five (5) days of the return of the Vehicle, less any unpaid Rental Charges or damages assessments. The
customer is responsible for collection of prepaid security deposit. Uncollected security deposits older than one year, will be forfeited.
4. Big Truck Rental's Disclaimer of Warranty; Customer's Obligations Unconditional: Other than the original equipment manufacturer
(OEM) and extended warranties that may be applicable to the vehicle, there are no additional warranties, expressed or implied, by Big Truck
Rental to the Customer, except as contained in this master agreement or any supplemental agreement or extension agreement. Big Truck
Rental shall not be liable for any loss or damage to customer, nor to anyone else, of any kind and howsoever caused, whether by the vehicle
or the repair, maintenance, or equipment of the vehicle, or by the failure of the vehicle or interruption of service or use of the vehicle rented
under this agreement. Customer has inspected and is fully familiar with the vehicle and accepts the vehicle "as is" and "with any and all
faults." No defect in or unfitness of the vehicle and no loss or damage thereto and no other condition circumstance whatsoever, including,
without limitation, the unavailability thereof for any reason whatsoever, shall relieve customer of its obligations under this agreement or result in
the abatement or suspension of any such obligations, which are absolute and unconditional. To the maximum extent permitted by law, Big
Truck Rental shall incur no liability whatsoever to customer arising out of or in connection with any defect in or condition of the vehicle or the
use, operation or functioning of the vehicle. In addition to, and without limiting the provisions of this Section, Customer confirms that in
entering into this Master Agreement and by accepting each Vehicle rented (1) it has relied solely on (i) its knowledge and (ii) its inspection of
each Vehicle, and (2) it has not relied on any promise, affirmation, description, or other statement by Big Truck Rental, all of which are
superseded by this Master Agreement. Customer authorizes the deletion of any safety equipment and accepts all liability for injury or loss
incurred thereby.
BIG'' REN��
5. Location of the Vehicle; Inspections: Customer shall keep each Vehicle in Customer's possession and control at Customer's place of
business or job site, except that the Vehicle may be moved in the normal course of Customer's business or to such other location to which the
Vehicle may be moved with the prior written consent of Big Truck Rental. Big Truck Rental may, without notice to Customer, at any time during
normal business hours, enter the premises where any Vehicle owned by Big Truck Rental is located and inspect the same.
6. Repairs; Maintenance; Use; Alterations: Customer shall perform and pay for all normal, periodic and other basic service, adjustments,
and lubrication of any Vehicle in its control and possession, including, but not limited to: checking the fuel, oil and water levels of the Vehicle
before each daily shift, and supplying same; checking cooling system (engine only); and checking tire pressures and battery fluid and charge
levels weekly. The original equipment manufacturer's warranty will apply to the renter if any warranty items are in need of, or become in need
of repair during the rental period. For any non -warranty repairs, Customer shall, at its sole expense and cost, keep any and all Vehicles in
good repair, condition and working order and furnish, at its sole expense and cost, all labor, parts, materials and supplies required therefor;
including performing, or having performed, an A service on each Vehicle, replacing engine oil and filters, every three hundred (300) hours and
providing all service suggested by the manufacturer of the Vehicle. Customer will maintain accurate and complete records and logs of all
repairs to and maintenance on each Vehicle; Customer will furnish copies thereof to Big Truck Rental and will allow Big Truck Rental to inspect
such records and logs at any time during normal business hours. Each Vehicle shall at all times be used solely for commercial or business
purposes, and shall be operated in a careful, safe and proper manner and in compliance with all applicable laws, rules, regulations, ordinances
and insurance requirements. All Vehicles rented are licensed for travel on the Federal Highways in 48 States. Any and all state or local permits
for state or county road use, waste pickup or disposal is the responsibility of the Customer. Any modifications or additions to the Vehicle
required by any governmental entity shall be promptly made by Customer at its sole expense and cost. No Vehicle shall be used, operated, or
driven (i) to carry person other than the driver, or employees of the Customer, or (ii) to transport property for hire, unless the necessary and
applicable permits and licenses have been obtained by Customer which are the sole and exclusive responsibility of Customer. The Vehicles
rented under this Master Agreement and the corresponding Supplemental Agreement(s) and Extension Agreement(s) are owned by Big Truck
Rental. No Vehicle identification, other than DOT numbers, shall be removed, covered, or defaced in any way. Customer agrees that they will
be the motor carrier operator during the rental period and will display their DOT numbers on said rental vehicle. If the Vehicle is used in
violation of any part of this Section, or is obtained from Big Truck Rental by fraud or misrepresentation, or is used in furtherance of any illegal
purpose, all use of the Vehicle is and shall be deemed without Big Truck Rental's permission. Each Vehicle shall be operated only by a
qualified operator, licensed where required by the law of the state or states in which the Vehicle is being operated in, who is either the
Customer or an authorized operator and employee of Customer. The use of a Vehicle by Customer or its employees shall be at Customer's
sole risk and subject to the terms and conditions of this Master Agreement. Without the prior written consent of Big Truck Rental, Customer
shall not make any modifications or additions to or changes in any Vehicle except as may be required in order to comply with or under this
Section. All modifications or additions to or changes in a Vehicle shall belong to and immediately become the property of Big Truck Rental,
without charge or cost to Big Truck Rental, and shall be returned to Big Truck Rental with the Vehicle upon the expiration or earlier termination
of this Master Agreement unless Big Truck Rental notifies Customer to remove any of the same, in which case Customer shall promptly do so
at its sole expense and cost without causing damage to the Vehicle or impairing its operation in any way. Short term rentals are not subject to
the International Fuel Tax Agreement (IFTA). Therefore, all fuel tax and reporting thereof is the responsibility of the Customer. Any violations
and/ or fines due to violation of the laws regarding fuel taxes and reporting shall be the sole responsibility of the Customer.
7. Risk of Loss; Damage: Big Truck Rental documents the condition of the Vehicle(s) rented upon delivery to the Customer, and again
when the Vehicle(s) is returned. If the Vehicle is damaged or partially lost or destroyed, Customer shall, at its sole expense and cost, promptly
repair the Vehicle in a permanent manner and in its same condition and working order as at the acceptance of the Vehicle by the Customer,
using parts and materials of comparable quality. Failure for the Customer to repair the Vehicle before returning it to Big Truck Rental shall
result in Big Truck Rental back billing the Customer for the damages, and the Customer shall continue to be obligated to pay the Rental
Charges, under and in accordance with Section 2 hereof, until such time as the Vehicle is again operable. If the Vehicle is totally lost (including
by theft) or destroyed or if it becomes a constructive, agreed or compromised total loss, Customer shall promptly pay Big Truck Rental the
current market value of the Vehicle (the "Termination Payment"). Without relieving Customer of its obligation to make the Termination Payment
and without deferring that obligation, Big Truck Rental will apply toward the Termination Payment any amounts received by and payable to Big
Truck Rental under this Master Agreement or any Supplemental Agreement or Extension Agreement and any payments with Big Truck
Rental receives on account of such total loss or such constructive, agreed or compromised total loss under the insurance maintained pursuant
to Section 8. Upon receipt of the Termination Payment and performance by Customer of all of its other obligations under the Master
Agreement and corresponding Supplemental Agreement(s) and Extension Agreement(s), Big Truck Rental will transfer and assign to
Customer, without recourse, any remaining rights which Big Truck Rental has under such insurance and, to the extent permitted by the insurer
in writing, any title and interest which Big Truck Rental has in the Vehicle. Big Truck Rental's transfer of any title and interest in the Vehicle will
be "AS IS, WHERE IS", SUBJECT TO THE PROVISIONS OF SECTION 4. All replacements, repairs, or substitutions of parts or equipment
shall be at the cost and expense of the Customer and shall be accessions to the Vehicle and shall belong to and immediately become the
property of Big Truck Rental.
8. Insurance: If the City is self -insured, it will provide Big Truck Rental with a document stating that it will maintain appropriate coverage limits
in respect to Commercial General Liability, Business Auto Liability and Workers Compensation insurance. Upon review of these documents,
Big Truck Rental will notify the city if this coverage is acceptable and will move forward with the rental contract. Upon approval of this
document, the language below regarding liability limits will not be applicable. Until all of Customer's obligations under this Master Agreement
and all corresponding Supplemental Agreements and Extension Agreements have been paid and performed in full, Customer will, at its sole
cost and expense, maintain in force and effect an insurance policy of public liability and property damage with bodily injury and death liability
limits of not less than $1,000,000 per occurrence and in the aggregate and property damage liability limits of at least $1,000,000 on a primary
and not excess or contributory basis against its liability for damages sustained by any person or persons as a result of the maintenance, use,
operation, storage, erection, dismantling, servicing or transportation of all Vehicles rented hereunder; but, in any event, the amount and terms
of the insurance will be such that no insured under the policy will be a co-insurer of any of the risks covered by the policy. The coverage may
have only such exceptions as Big Truck Rental approves in writing. The insurance will be maintained only with insurers which are licensed in
the state or states in which the Vehicles will be operated and which are rated not lower than "A" in Best's Insurance Reports ("Best's") with a
Financial Category Size of at least "XI I" in Best's ("Approved Insurers"). Big Truck Rental will be a named insured without liability for premiums
and will be the sole loss payee under the insurance. The insurance will provide for prompt written notice to Big Truck Rental of any failure to
pay a premium and for at least thirty (30) days' prior written notice to Big Truck Rental of cancellation or non -renewal of the policy and of any
material change in or to the coverage or in any of the other terms of the insurance. On the execution of this Master Agreement and at any other
BIG'' REN��
time on request by Big Truck Rental, Customer will furnish Big Truck Rental with a certificate issued by the insurer or by an insurance broker
licensed in the state or states in which the Vehicles will be operated confirming that the insurance coverage required under this Section is
maintained and in full force and effect, and upon Big Truck Rental's request shall provide Big Truck Rental with a true and correct copy of the
policy in effect. Customer irrevocably appoints Big Truck Rental as its attorney -in -fact to make claim for and to execute any documents in
connection with any claim for, to receive payment of, and to execute and endorse all checks, drafts or other instruments received as payment
for any loss, damage or destruction covered by the insurance. Customer will not settle any claim under the insurance without Big Truck
Rental's prior written consent, and Big Truck Rental may settle any claim under the insurance for such amount and on such terms as Big Truck
Rental, in its sole and absolute discretion, determines; and Big Truck Rental will incur no liability to Customer by reason of any settlement
which it makes. Customer will execute such documents as Big Truck Rental requests to confirm or effect the provisions of this entire Section 8.
9. Return of Vehicles: At the expiration of each Supplemental Agreement or Extension Agreement, Customer shall, at its expense, return the
Vehicle rented under the Supplemental Agreement or Extension Agreement to and into the custody of Big Truck Rental, at its business location
set forth on the first page of this Master Agreement or at such other place as Big Truck Rental specifies in writing, in the same repair, condition
and working order as at the commencement of the Supplemental Agreement, reasonable wear and tear resulting from proper use excepted.
Failure for the Customer to repair the Vehicle before returning it to Big Truck Rental shall result in Big Truck Rental back billing the Customer
for the damages, and the Customer shall continue to be obligated to pay the Rental Charges, under and in accordance with Section 2 hereof,
until such reasonable time as the Vehicle is again operable. All Vehicles shall be returned free of trash in the cab, body, hopper, and behind
the packing blades or they will be subject to a clean out fee and any related disposal costs. Security deposit will be applied to any and all
damages.
10. Tires: As a tire is a consumable item, Big Truck Rental documents the condition of the tires on its trucks at the inception of the rental and
at the time that the truck is returned. It is the Customer's responsibility to assure that the tires are in substantially the same condition at the end
of the rental as when the truck is received by the Customer. Tires worn substantially more at the time they are returned than at the rental
inception shall be back billed. In addition, any Non -Steer Tires(s) replaced during the duration of the rental period shall be replaced with a
recappable casing. All Steer Tires must be replaced with a virgin tire. No exceptions. If Customer fails to replace the tire(s) as outlined herein,
Big Truck Rental shall back bill for the cost of replacing said tire(s). Any casing deemed un-recappable by our tire vendor will be back billed.
11. Default by Customer; Remedies of Big Truck Rental; Waiver of Bond: Any of the following events or conditions shall constitute an
event of default: (1) Customer's failure to pay when due any Rental Charges or any other amount payable; (2) Customer's failure to perform, or
its violation of any other term, covenant or condition of this Master Agreement or any Supplemental Agreement or Extension Agreement and
the failure to cure same within five days after the occurrence; (3) seizure of the Vehicle under legal process; (4) failure of Customer to report, at
the beginning of each week or at the request of Big Truck Rental, the miles and hours on the truck or (5) any reasonable ground for insecurity
on the behalf of Big Truck Rental with respect to the performance of Customer's obligations hereunder. While an event of default exists, Big
Truck Rental shall have the right to exercise any one or more of the following remedies: (1) terminate this Master Agreement and all
Supplemental Agreements and Extension Agreements held with the Customer; (2) sue for any damages incurred by Big Truck Rental due to
the event of default and/or termination of the contract between Big Truck Rental and Customer; (3) require Customer to redeliver any and all
rented Vehicles immediately to Big Truck Rental as provided in Section 10; or (4) repossess any and all Vehicles without notice, legal process,
prior judicial hearing, or liability for trespass or other damage, Customer voluntarily and knowingly agrees to and waives the same. If Big
Truck Rental attempts but is unable to repossess the Vehicle for any reason whatsoever, Big Truck Rental may, at its option, declare the
Vehicle to be a total loss, in which case Customer shall pay to Big Truck Rental the Termination Payment and the provisions of Section 7 will
apply. All of the foregoing remedies are cumulative and are in addition to any other rights or remedies available to Big Truck Rental at law or in
equity. Big Truck Rental may enforce any of its rights separately or concurrently and in such order as Big Truck Rental determines. In any
proceeding by Big Truck Rental to recover possession of the Vehicle, Big Truck Rental shall not be required to post a bond or other security or
undertaking, and Customer hereby waives any right to require, and any requirement for, any such bond or other security or undertaking.
12. Payments by Big Truck Rental; Interest: If Customer fails to pay any amount which it is required to pay or to perform any of its
obligations under this Master Agreement and the corresponding Supplemental Agreement(s) and Extension Agreement(s), Big Truck Rental
may, at its option, pay such amount or perform such obligation; and Customer shall, on demand by Big Truck Rental, reimburse Big Truck
Rental for the amount of such payment or the cost of such performance. Customer shall pay Big Truck Rental interest at one- and -a half
percent (1'/z%) per month or at the highest lawful rate that may be charged, whichever is lower,
on amounts payable by Customer under any provision of this Agreement (i) from the due date thereof until it is paid, or (ii) in the case of any
amount paid or any cost incurred by Big Truck Rental, from the date of such payment or the expenditure of such cost until Big Truck Rental
receives reimbursement therefor.
13. Assignment: This Master Agreement and all Supplemental Agreement(s) and Extension Agreement(s) are agreements for rental only and
Customer shall not be deemed an agent or employee of Big Truck Rental for any purpose. Customer will not sell, assign, transfer, lease,
pledge or otherwise encumber any Vehicle or any of Customer's rights under this Master Agreement or corresponding Supplemental
Agreement(s) or Extension Agreement(s) or in or to the Vehicle, or permit any of its rights under this Master Agreement or corresponding
Supplemental Agreement(s) or Extension Agreement(s) to be subject to any lien, charge or encumbrance of any nature. Big Truck Rental
may, subject to the terms of this Master Agreement and corresponding Supplemental Agreement(s) or Extension Agreement(s), sell, transfer or
assign any of its rights in or to any Vehicle or under this Master Agreement. Subject to the provisions of this Section, this Agreement shall inure
to the benefit of and be binding upon the successors and assigns of Big Truck Rental and Customer.
14. Termination: This Master Agreement will become effective upon its execution and continues until it is terminated by an affirmative
revocation by either party or as provided herein. Each Supplemental Agreement terminates at the expiration of the rental term as set forth in
the terms of the Supplemental Agreement (the "Rental Term"), or at the expiration of any mutually agreed upon Extension Agreement. If the
Customer wishes to terminate its Supplemental or Extension Agreement prior to the stated expiration ("Early Termination") it must either (a)
return the Vehicle to Big Truck Rental in a rentable condition, or (b) inform Big Truck Rental five (5) days prior to the proposed Early
Termination date that the Customer wishes for Big Truck Rental to pick up its Vehicle.
15. Governing Law; Jurisdiction; Venue: This Master Agreement and all Supplemental Agreements and Extension Agreements shall be
BURRE11-
governed by and construed in accordance with the law of the State of Texas and jurisdiction and venue shall properly lie in Tarrant County,
Texas.
16. Severability of Provisions: If any provision of this Master Agreement or the Supplemental Agreement(s) or Extension Agreement(s), or
the application of any such provision to any person or circumstance is held invalid, the remainder of this Master Agreement or Supplemental
Agreement(s) or Extension Agreement(s) and the application of such provision, other than to the extent it is held invalid, will not be invalidated
or affected thereby.
17. Entire Agreement; Amendment and Waiver; Facsimile and Counterparts: This Master Agreement and the corresponding
Supplemental Agreement(s) and Extension Agreement(s) constitute the entire agreement and understanding between Big Truck Rental and
Customer relating to the Vehicle and the subject matter hereof, and supersedes all prior agreements or understandings, whether written
or oral, among the Parties to this Master Agreement and the with respect to the subject matter hereof. This Master Agreement and any
Supplemental Agreement and Extension Agreement may be amended only by written agreement executed by all of the Parties hereto, and no
provision of this Master Agreement or corresponding Supplemental Agreement (s) or Extension agreement(s) and no right or obligation
of either party under this Master Agreement or corresponding Supplemental Agreement(s) or Extension Agreement(s) may be waived except
by written agreement executed by the party waiving the provision, right or obligation. A facsimile of this Master Agreement and/ or
corresponding Supplemental Agreement(s) and Extension Agreement(s), or any part of thereof, shall be enforceable as an original. This
Master Agreement or corresponding Supplemental Agreement (s) or extension Agreement(s) may be executed and enforced in counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
18. Section Headings: Section headings contained in this Agreement are for purposes of reference only and shall not affect the meaning or
interpretation of any provision of this Master Agreement.
19. Waiver of Trial by Jury: Intentionally left blank.
By execution of this Master Rental Agreement, Customer acknowledges that all Vehicles rented hereunder are rented to and in accordance
with the terms, conditions, and provisions of this Agreement and evidences such Agreement by signing below.
CUSTOMER NAME: DATE: 10/1/2024 1 9:16 AM EDT
City of Fort worth
(Municipal Name)
TAX ID #:
by:
ESigned
im I_... a
STATE:
43C99BEEFDEC48E..
al
Initial
(Signature)
PRINT NAME:
Initial here acknowledging you have read Section 6 on
maintenance responsibility.
Jim Keezell
Please sign and email to btrsalesr?a biatruckrental.com or fax to
(813)261-0821.
TITLE:
ASSistant Environmental ServiceS Director
Exhibit B — Omnia Partners Cooperative Contract #2019000319
Contract No. 2019000319
Vendor No.306600
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT TO PROVIDE REFUSE
TRUCK RENTALS AND RELATED PRODUCTS AND SERVICES
This Contract (the "Contract") is entered into as of this 1 st day of November, 2019 (the
"Effective Date"), by and between Big Truck Rental LLC, a corporation doing business in North
Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the
"City,).
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP # 269-2018-047) for Equipment
Rentals and Related Products and Services dated May 22, 2018. This Request for Proposals
together with all attachments and addenda, is referred to herein as the "RFP"; and
WHEREAS, the Company submitted a Proposal in response to RFP # 269-2018-047 on June 26,
2018. This Proposal, together with all attachments and separately sealed confidential trade
secrets, is referred to herein as the "Proposal."
WHEREAS, the City awarded this Contract on September 24, 2018 to Company to provide
Refuse Truck Rentals and Related Products and Services to the City all in accordance with the
terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school
districts, and higher education institutions in the United States of America, and other government
agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively
solicited and awarded the Contract to the Company. The City has designated U.S. Communities
as the administrative and marketing conduit for the distribution of the Contract to Participating
Public Agencies.
The City is acting as the "Contracting Agent" for the Participating Public Agencies, and shall not
be liable or responsible for any costs, damages, liability or other obligations incurred by the
Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with
each PPA concerning the placement of orders, issuance of purchase orders, contractual disputes,
invoicing, payment and all other matters relating or referring to such PPA's access to the
Contract.
Each PPA enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA)
outlining the terms and conditions that allow access to the Lead Public Agencies' Master
Agreements. Under the terms of the MICPA, the procurement by the PPA shall be construed to be
in accordance with, and governed by, the laws of the state in which the PPA resides.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, and in further consideration of the covenants and representations
contained herein, the parties agree as follows:
Nov. 1, 2018
Contract No. 2019000319
Vendor No.306600
CONTRACT
EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In
interpreting this Contract and resolving any ambiguities, the main body of this Contract will
take precedence over the Exhibits, and any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below. Each reference to Big Truck Rental
in the Exhibits and Appendices shall be deemed to mean the Company.
1.1. EXHIBIT A: Discount Schedule, Additional Fees and Incentives
1.2. EXHIBIT B: Scope of Services
1.3. EXHIBIT C: Federal Contract Terms and Conditions
2. DEFINITIONS.
This section may include, but not be limited to, terms defined in Section 1 of the RFP.
3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date
with an option to renew for two (2) additional two-year terms. This Contract may be extended
only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms
and conditions set forth in this Contract and the attached Exhibits when ordered
from time to time by the City. Except as set forth in Exhibit A, the prices set forth
in Exhibit A constitute all not to exceed charges payable by the City for the
Products and Services, and all labor, materials, equipment, transportation, facilities,
storage, information technology, permits, and licenses necessary for the Company
to provide the Products and Services. The Company shall perform any Services for
the City on site at the City's facilities in Charlotte, North Carolina, except as
otherwise stated in this Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City
on an as needed basis for the quantity required at the time during the term of the
Contract.
OPTIONS AND ACCESSORIES: The City may in its discretion purchase from the
Company options and Services beyond what is called for in the Scope of Work, provided
that such purchase does not create unfairness so as to defeat the purpose of the bid statutes,
and provided the City is authorized by law to make such purchases without a formal bid
process.
6. DOCUMENTATION: the Company will provide for all products purchased under this
contract written or electronic documentation that is complete and accurate, and sufficient to
enable city employees with ordinary skills and experience to utilize such products for the
purpose for which the city is acquiring them.
7. COMPENSATION. The City shalt pay the company for the products and services
delivered in compliance with the specifications at the prices set forth in Exhibit A. This
amount constitutes the maximum fees and charges payable to the company in the aggregate
under this contract and will not be increased except by a written amendment duty executed
Nov. 1, 2018
Contract No. 2019000319
Vendor No.306600
by both parties in compliance with the price adjustment provisions set forth in Section 8.
The company shall not be entitled to charge the city any prices, fees or other amounts that
are not listed in Exhibit A.
8. PRICE ADJUSTMENT.
8.1 The price(s) stated in this Contract shall not increase for the first year of the five-year
term of the Contract. The prices shall also not increase during the two, two-year
renewal option terms unless the City approves a price adjustment in writing in
accordance with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City's sole
discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compensate the Company for inefficiency in
operation, increase in labor costs, or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written
request to the Procurement Management Division representative, at the
address listed below, together with written documentation sufficient to
demonstrate that the increase is necessary based on a legitimate increase in
the cost of materials. The request must state and fully justify the proposed
price increase per unit over the price originally proposed.
City of Charlotte
Finance - Procurement Management
600 East Fourth Street
Charlotte, NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in
writing. The City may approve such price increase for the remaining term of
the Contract or for a shorter specified period, in the City's sole discretion. If
the City rejects such price increase, the Company shall continue performance
of the Contract.
8.1.4 if the City approves a price increase pursuant to this Section and the market
factors justifying the increase shift so that the increase is no longer justified,
the City shall have the right to terminate the price increase and revert back to
the prices that were in effect immediately prior to the increase. The
Company shall notify the City in writing if the market factors on which the
City granted the increase change such that the City's reasons for granting the
increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the
Company shall provide the affected Products and/or Services at the lower
discounted price. The Company will provide the City with prompt written notice of
all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the
Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items
should become discontinued or an upgraded item becomes available to the industry
market. Any new or replacement items added may be subject to bid statute
requirements. The City may also delete radio and communication equipment items
included in this Contract if items are no longer needed or no longer issued as part
of radios and communication equipment. At no additional cost to the City, the
Nov. 1, 2018
Contract No, 2019000319
Vendor No.306600
Company may substitute any Product or Service to be provided by the Company, if
the substitute meets or exceeds the Specifications, is compatible with the City's
operating environment and is of equivalent or better quality to the City. Any
substitution will be reflected in a written signed change order.
9. BILLING. Each invoice sent by the Company shall include all reports, information and
data required by this Contract (including the Exhibits) necessary to entitle the Company to
the requested payment. The Company shall send one (1) copy only of each invoice using
one of the following options:
Option 1 — E-mail one copy of each invoice to cocao rnr,charlottenc.aov . Company shall not
mail invoices that have been sent via e-mail.
Option 2 — Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Ann. (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State
and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of
the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month
covered by the invoice; and (c) any other information reasonably requested by the City to
verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company's
compliance with the terms and conditions of the Contract at such times as the City deems
appropriate. Unless the City elects to terminate the Contract, the Company shall develop a
written action plan to correct any Contract deficiency identified during these compliance
audits, and shall submit such plan to the City within thirty (30) days of notification of non-
compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and
expenditures as may be requested by the City from time to time, including without
limitation any reports described in the Specifications.
12. AUDIT: During the term of the Contract and for a period of three (3) years after
termination or expiration of this Contract for any reason, the City shall have the right to
audit, either itself or through a third party, all books and records (including but not limited
to the technical records) and facilities of the Company necessary to evaluate Company's
compliance with the terms and conditions of the Contract or the City's payment
obligations. The City shall pay its own expenses, relating to such audits, but shall not have
to pay any expenses or additional costs of the Company. However, if non-compliance is
found that would have cost the City in excess of $5,000 but for the audit, then the Company
shall be required to reimburse the City for the cost of the audit.
1.3. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the
laws of the state of Florida, and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform
its obligations under this Contract;
Nov. 1, 2018
Contract No. 20 190003 19
Vendor No.306600
13.3 The execution, delivery, and performance of this Contract have been duly authorized
by Company;
13.4 No approval, authorization or consent of any governmental or regulatory authority is
required to be obtained or made by it in order for it to enter into and perform its
obligations under this Contract;
13.5 In connection with its obligations under this Contract, it shall comply with all
applicable federal, state and local laws and regulations and shall obtain all applicable
permits and licenses; and
13.6 The Company shall not violate any agreement with any third party by entering into or
performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents
warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this
Contract, including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this
Contract shall meet industry accepted standards, and shall be performed in a
professional and workmanlike manner by staff with the necessary skills, experience
and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract
will infringe or misappropriate any patent, copyright, trademark or trade secret rights
of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all
material respects with all applicable federal, state and local laws, regulations and
guidelines relating to the performance of this Contract or to the products and services
delivered hereunder, including but not limited to E-Verify, and shall obtain all
applicable verifications, permits, and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract
shall be in compliance with all applicable federal, state and local laws, regulations and
ordinances. In performing the Contract, the Company shall obtain and maintain all licenses
and permits, and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the ITB, (whether in the form of a
specific delivery date or maximum number of days for delivery) time is of the essence. The
Company's Bid shall be deemed a binding commitment of the Company to meet the
delivery time stated herein unless the Bid specifically takes exception. If such delivery
time is not met, the City shall be entitled to terminate the Contract immediately for default
and/or exercise any other remedies available at law or in equity.
17. QUALITY: Unless this Contract specifically states otherwise for a particular item, all
components used to manufacture or construct any supplies, materials or equipment or
Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best
quality and highest grade workmanship; and (d) in compliance with all applicable federal,
state and local laws, regulations and requirements. By "new", the City means that the item
has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws,
ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar
expressions, the requirements of such laws, ordinances, etc., shall be construed to be
Nov. 1, 2018
Contract No, 2019000319
Vendor No.306600
minimum requirements that are in addition to any other requirements that may be stated in
this Contract.
18. DESIGN ANDIOR MANUFACTURER REQUIREMENT: All Products and Services
shall meet the Specifications set forth in Section 4 of the RI<P.
19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the
equipment, plant, store or other facilities of the Company during the Contract term from
time to time as the City deems necessary to confirm that such equipment, plant, store or
other facilities conform with the Specifications and are adequate and suitable for proper and
effective performance of the Contract. Such inspections shall be conducted during normal
business hours and upon at least three (3) days' notice to the Company (except that a store
may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling,
storage or shipment, without damage to the contents. The Company shall make
shipments using the minimum number of containers consistent with the
requirements of safe transit, available mode of transportation routing. The
Company will be responsible for confirming that packing is sufficient to assure that
all the materials arrive at the correct destination in an undamaged condition ready
for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number
and the name of the department making the purchase. Packing lists must be affixed
to each carton identifying all contents included in the carton. If more than one
carton is shipped, each carton must be numbered and must state the number of that
carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the ITB,
the City's purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products shall be deemed to be
accepted by the City upon delivery and subject to the terms and conditions of this Contract
if City does not notify Company in writing within 48 hours of delivery of the Products of
any problem with the Products. Contract shall remain the property of the Company until
the City physically inspects, actually uses and accepts the Products. In the event Products
provided to the City do not comply with the Contract, the City shall be entitled to terminate
the Contract upon written notice to the Company and return such Products (and any related
goods) to the Company at the Company's expense. In the event the Services provided
under this Contract do not comply with the Contract, the City reserves the right to cancel
the Service and rescind any related purchase of products upon written notice to the
Company. The remedies stated in this Section are in addition to and without limitation of
any other remedies that the City may have under the Contract, at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally
guarantees the materials and workmanship on all Products and Services. If, within the
guarantee period any defects occur due to a faulty Product or Services (including without
limitation a failure to comply with the Specifications), the Company at its expense, shall
repair or adjust the condition, or replace the Product and/or Services to the complete
satisfaction of the City. These repairs, replacements or adjustments shall be made only at
such time as will be designated by the City to ensure the least impact to the operation of
City business.
Nov. 1, 2018
Contract No. 2019000319
Vendor No.306600
23. NO LIENS: The equipment is owned by Company. City acknowledges that no one other
than Company may transfer the equipment or any rights or obligations under the rental
documentation. Neither City nor any operators are agents of Company. No one may
perform major service, repair, or alter the equipment without Company's prior written
approval except for emergencies, which threaten life or property. City will not suffer any
liens or encumbrances to attach to the equipment and will compensate the Company for any
out of pocket costs paid by the Company to remove such liens or encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer
shall advertise on Products delivered to the City without prior approval by the City.
25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the
Contract or the Company's response to the ITB, the City may take any of the following
actions with or without terminating the Contract, and in addition to and without limiting
any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the
applicable Products and/or Services (or reasonable substitutes) from a third party.
26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the
Contract, the City shall have the right to withhold all payments due to the Company until
such breach has been fully cured.
27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and
equitable remedies to which it is entitled. The remedies set forth herein shall be deemed
cumulative and not exclusive and may be exercised successively or concurrently, in
addition to any other available remedy.
28. TERMINATION.
28.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any
time without cause by giving sixty (60) days written notice to the Company. The
Company may terminate this Contract at any time without cause by giving one
hundred and eighty (180) days written notice to the City.
28.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to
the other party, either party may terminate this Contract upon the occurrence of one
or more of the following events:
28.2.1 The other party violates or fails to perform any covenant, provision,
obligation, term or condition contained in this Contract, provided that, unless
otherwise stated in this Contract, such failure or violation shall not be cause
for termination if both of the following conditions are satisfied: (i) such
default is reasonably susceptible to cure; and (ii) the other party cures such
default within thirty (30) days of receipt of written notice of default from the
non -defaulting party; or
28.2.2 The other party attempts to assign, terminate or cancel this Contract contrary
to the terms hereof; or
28.2.3 The other parry ceases to do business as a going concern, makes an
assignment for the benefit of creditors, admits in writing its inability to pay
debts as they become due, files a petition in bankruptcy or has an involuntary
bankruptcy petition filed against it (except in connection with a
reorganization under which the business of such parry is continued and
performance of all its obligations under this Contract shall continue), or if a
Nov. 1, 2018
Contract No. 2019000319
Vendor No.306600
receiver, trustee or liquidator is appointed for it or any substantial part of
other parry's assets or properties.
Any notice of default pursuant to this Section shall identify and state the
party's intent to terminate this Contract if the default is not cured within the
specified period.
28.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By
giving written notice to the Company, the City may also terminate this Contract upon
the occurrence of one or more of the following events (which shall each constitute
grounds for termination without a cure period and without the occurrence of any of
the other events of default previously listed):
28.3.1 The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information
in connection with this Contract, Company's Bid, or any covenant,
agreement, obligation, term or condition contained in this Contract; or
28.3.2 The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of this Contract, including but not
limited to failure to obtain or maintain the insurance policies and
endorsements as required by this Contract, or failure to provide the proof of
insurance as required by this Contract.
28.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of
the Contract shall not relieve the Company of the obligation to pay any fees, taxes or
other charges then due to the City, nor relieve the Company of the obligation to file
any daily, monthly, quarterly or annual reports covering the period to termination nor
relieve the Company from any claim for damages previously accrued or then
accruing against the Company.
28.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or
termination of this Contract, the Company shall promptly (a) return to the City all
computer programs, files, documentation, data, media, related material and any other
recording devices, information, or compact discs that are owned by the City; (b)
provide the City with sufficient data necessary to migrate to a new vendor, or allow
the City or a new vendor access to the systems, software, infrastructure, or processes
of the Company that are necessary to migrate to a new vendor; and (c) refund to the
City all pre -paid sums for Products or Services that have been cancelled and will not
be delivered.
28.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of
default by the Company, notwithstanding anything to the contrary in this Contract,
the Company agrees that it will not terminate this Contract or suspend or limit the
delivery of Products or Services or any warranties or repossess, disable or render
unusable any Software supplied by the Company, unless (i) the parties agree in
writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
28.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized
to terminate this Contract on behalf of the City.
28.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration
of this Contract, the Company shall cooperate with the City to assist with the orderly
transfer of the Products, Services, functions and operations provided by the Company
hereunder to another provider or to the City as determined by the City in its sole
Nov. 1, 2018
Contract No. 2019000319
Vendor No.306600
discretion. The transition services that the Company shall perform if requested by
the City include but are not limited to:
28.8.1 Working with the City to jointly develop a mutually agreed upon transition
services plan to facilitate the termination of the Services; and
28.8.2 Notifying all affected vendors and subcontractors of the Company of
transition activities;
28.8.3 Performing the transition service plan activities;
28.8.4 Answering questions regarding the products and services on an as -needed
basis; and
28.8.5 Providing such other reasonable services needed to effectuate an orderly
transition to a new system.
29. NO DELAY DAMAGES: Under no circumstances shalt the City be liable to the
successful Bidder for any damages arising from delay, whether caused by the City or not.
30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves
the right to award multiple contracts for the Products and Services required by this Contract
if the City deems multiple Contracts to be in the City's best interest.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this
Contract is solely that of independent contractors, and nothing contained in this Contract
shall be construed to (i) give any party the power to direct or control the day-to-day
activities of the other; (ii) constitute such parties as partners, joint ventures, co -owners or
otherwise as participants in a joint or common undertaking; (iii) make either party an agent
of the other for any purpose whatsoever, or (iv) give either party the authority to act for,
bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein
shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that
may arise under law or under the terms of this Contract.
32. Indemnification: To the fullest extent permitted by law, the City will defend, indemnify
and hold harmless Company, its subsidiaries, parent company and its and their officers,
agents and employees, from and against all loss, liability, claim, action or expense, by
reason of bodily injury, including death, and property damage, sustained by any person or
persons, including but not limited to employees of City, as a direct result of City's
negligence or intentional misconduct in its maintenance, use, possession, storage,
operation, erection, dismantling, servicing or transportation of the equipment.
City must return the equipment to Company in the same good and clean condition it was
in when City received it, ordinary wear excepted. The condition of the vehicle pre and
post rental will be evaluated through Company's standard process using Company's
check -in application. Consumables such as tire wear will be billed per Company's rental
agreement. The location for rental and return will be determined during the quoting
process with the corresponding transportation cost. City acknowledges that it must
confirm return receipt of the equipment by Company at the time the equipment is
returned. Until such time as Company receives actual possession of the equipment, City
agrees to hold said equipment in a safe and secure manner. City shall notify the renting
branch by telephone or fax, prior to any equipment movements between City's job sites.
The equipment will be used only in accordance with the manufacturer's instructions
within its rated capacity.
Nov. I, 2018
Contract No. 2019000319
Vendor No.306600
City will promptly notify Company of any accident, damage or failure involving the
equipment and will reasonably cooperate with Company in gathering information in
connection therewith. City will perform or cause to be performed lubrication and
readiness checks of the equipment, including but not limited to: checking of the
equipment before each shift; checking and maintaining crankcase, transmission, cooling
and fluid systems daily; and checking tire pressure and battery fluid and charge levels
weekly. If the equipment fails to operate properly or becomes in need of repair, City will
immediately cease using same and will immediately notify Company. Companys
transportation providers will deliver the trucks with a minimum quarter tank of fuel with
the expectation of a minimum quarter tank of fuel for the return.
33. INSURANCE. Throughout the term of the Contract, the City shall comply with the
insurance requirements described in this Section, In the event the City fails to procure and
maintain each type of insurance required by this Section, or in the event the City fails to
provide the Company with the required certificates of insurance, the Company shall be
entitled to terminate the Contract immediately upon written notice to the City.
The City agrees to purchase and maintain the following insurance coverage during the life
of the Contract with an insurance company acceptable to the City of Charlotte, authorized to
do business in the State of North Carolina:
a) Until all of Customer's obligations under this Master Agreement and all corresponding
Supplemental Agreements and Extension Agreements have been paid and performed in
full, Customer will, at its sole cost and expense, maintain in force and effect an
insurance policy of public liability and property damage with bodily injury and death
liability limits of not less than $1,000,000 per occurrence and in the aggregate and
property damage liability limits of at least $1,000,000 on a primary and not excess or
contributory basis against its liability for damages sustained by any person or persons
as a result of the maintenance, use, operation, storage, erection, dismantling, servicing
or transportation of all Vehicles rented hereunder; but, in any event, the amount and
terms of the insurance will be such that no insured under the policy will be a co-insurer
of any of the risks covered by the policy. The coverage may have only such exceptions
as Big Truck Rental approves in writing. The insurance will be maintained only with
insurers which are licensed in the state or states in which the Vehicles will be operated
and which are rated not lower than "A" in Best's Insurance Reports ("Best's") with a
Financial Category Size of at least "XII" in Best's ("Approved Insurers"). Big
Truck Rental will be the sole loss payee under the insurance.
On the execution of this Master Agreement and at any other time on request by Big
Truck Rental, Customer will furnish Big Truck Rental with a evidence of coverage
confirming that the insurance coverage required under this Section is maintained and in
full force and effect, and upon Big Truck Rental's request shall provide Big Truck
Rental with a true and correct copy of the policy in effect.
b) Commercial General Liability: Bodily injury and property damage liability as
shall protect the successful Company and any subcontractor performing work
under the Contract from claims of bodily injury or property damage which
arise from performance of the Contract, whether such work is performed by the
Company, any subcontractor or anyone directly or indirectly employed by either.
The amounts of such insurance shall not be less than $1,000,000
bodily injury each occurrence/aggregate and $1,000,000 property damage each
occurrence/aggregate or
Nov. 1, 2018 10
Contract No. 2019000319
Vendor No.306600
$1,000,000 bodily injury and property damage combined single limits each
occurrence/aggregate. This insurance shall include coverage for products, services,
completed operations, personal injury liability and contractual liability assumed under
the indemnity provision of the Contract.
c) Workers' Compensation: Meeting the statutory requirements of the State of North
Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per
policy limit, $100,000 disease each employee limit, providing coverage for employees
and owners.
The City shall be named as additional insured under the commercial general liability
insurance for operations or services rendered under this Contract. The Company's
insurance shall be primary of any self -funding and/or insurance otherwise carried by the
City for all loss or damages arising from the Consultant's operations under this agreement.
The Company and each of its subcontractors shall and does waive all rights of subrogation
against the City and each of the Indemnitees, as defined in Section 5.1.
The Company shall not commence any work in connection with the Contract until it has
obtained all of the types of insurance set forth in this Form, and such insurance has been
approved by the City. The Company shall not allow any subcontractor to commence work
on its subcontract until all similar insurance required of the subcontractor has been obtained
and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina
recognized by the Secretary of State and the Insurance Commissioner's Office. The
Company shall furnish the City with proof of insurance coverage by certificates of
insurance accompanying the Contract.
Certificates of all required insurance shall contain the provision that the City will be given
(30) days written notice of any intent to amend or terminate by either the insured or the
insuring company. All insurance certificates must include the City of Charlotte's contract
number in the description field.
The City shall be exempt from, and in no way liable for any sums of money that may
represent a deductible in any insurance policy. The payment of such deductible shall be the
sole responsibility of the Company and/or subcontractor providing such insurance.
34. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it
will fully comply with the City's Commercial Non -Discrimination Policy, as described in
Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of
any arbitration conducted thereunder. As part of such compliance, the Company shall not
discriminate on the basis of race, gender, religion, national origin, ethnicity, age or
disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or
suppliers in connection with a City contract or contract solicitation process, nor shall the
Company retaliate against any person or entity for reporting instances of such
discrimination. The Company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on City
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is
occurring in the marketplace. The Company understands and agrees that a violation of this
clause shall be considered a material breach of this Contract and may result in termination
of this Contract, disqualification of the Company from participating in City contracts or
other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide
to the City in a format specified by the City all information and documentation that may be
Nov. 1, 2018 11
Contract No. 2019000319
Vendor No.306600
requested by the City from time to time regarding the solicitation, selection, treatment and
payment of subcontractors in connection with this Contract; and (b) if requested, provide to
the City within sixty days after the request a truthful and complete list of the names of all
subcontractors, vendors, and suppliers that the Company has used on City contracts in the
past five years, including the total dollar amount paid by the Company on each subcontract
or supply contract. The Company further agrees to fully cooperate in any investigation
conducted by the City pursuant to the City's Non -Discrimination Policy, to provide any
documents relevant to such investigation that are requested by the City, and to be bound by
the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City's request,
payment affidavits detailing the amounts paid by the Company to subcontractors and
suppliers in connection with this Contract within a certain period of time. Such affidavits
shall be in the format specified by the City from time to time
The Company understands and agrees that violation of this Commercial Non -
Discrimination provision shall be considered a material breach of this Contract and may
result in contract termination, disqualification of the Company from participating in City
contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as
confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The
Company will not reproduce, copy, duplicate, disclose, or in any way treat the data
supplied by the City in any manner except that contemplated by this agreement.
36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and
agents shall, whenever on the City's premises, obey all instructions and directions issued by
the City's project manager with respect to work on the City's premises. The Company
agrees that its personnel and the personnel of its subcontractors will comply with all rules,
regulations and security procedures of the City when on the city's premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct
background checks on all personnel who will be working at the Charlotte service facility or
delivering Products or Services under the Contract. The Company will conduct such
background checks prior to the personnel commencing work hereunder, whether as part of
the Company's standard pre -employment screening practices or otherwise. The Company
will complete a background check on an annual basis for each person working at the
Charlotte facility. Background check will include at a minimuin:
a. Criminal records search,
b. Identification verification; and
C. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she
shall not be assigned to perform services under this Contract. The Company will notify the
City immediately if a background check reveals any conviction(s). If there is any question
as to whether any personnel meets the background qualifications, prior to assignment of
any Services under this Contract, the Company shall contact the City immediately.
38. DRUG -FREE WORKPLACE. The City is a drug -free workplace employer. The
Company hereby certifies that it has or it will within thirty (30) days after execution of this
Contract:
Nov. 1, 2018 12
Contract No. 2019000319
Vendor No.306600
38.1 Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
38.2 Establish a drug -free awareness program to inform employees about (i) the dangers
of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug -free
workplace, (iii) any available drug counseling, rehabilitation, and employee
assistance programs, and (iv) the penalties that may be imposed upon employees for
drug abuse violations;
38.3 Notify each employee that as a condition of employment, the employee will (i) abide
by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction;
38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by an employee convicted of a drug crime;
38.5 Make a good faith effort to continue to maintain a drug -free workplace for
employees; and
39.6 Require any parry to which it subcontracts any portion of the work under the contract
to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug -free workplace
requirements during the performance of this Contract shall be ground for suspension,
termination or debarment.
39. NOTICES. Any notice, consent or other communication required or contemplated by this
Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight
courier, by electronic mail or by telefax to the intended recipient at the address set forth
below. Notice shall be effective upon the date of receipt by the intended recipient;
provided that any notice which is sent by telefax or electronic mail shall also be
simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.
Each party may change its address for notification purposes by giving the other party
written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance,
prevention of performance, modification,
extension, amendment, or waiver of any
provision of this Contract shall be sent to:
For The Company:
For The City:
Zack Martin
Karen Ewing
Big Truck Rental.
Procurement Management Division
5001 W. Lemon Street
600 East Fourth Street
Tampa, FL 33609
Charlotte, NC 28202
Phone: 813-261-0820
Phone: 704-336-2992
Fax: 813-261-0621
Fax: 704-632-8254
E-mail: zach(dbigtruckrental.com
E-mail: kewing(a charlottenc.gov
With Copy To:
With Copy To:
Cindy White
Senior Assistant City Attorney
j
600 East Fourth Street
Charlotte, NC 29202
Nov. 1, 2018 13
Contract No. 2019000319
Vendor No.306600
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: cwhitena,ci.charlotte.nc.us
All other notices shall be sent to the other party's Project Manager at the most recent address
provided in writing by the other party.
40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this
Contract without the City's prior written consent. In the event the City does consent in
writing to a subcontracting arrangement, Company shall be the prime contractor and shall
remain fully responsible for performance of all obligations which it is required to perform
under this Contract. Any subcontract entered into by Company shall name the City as a third
party beneficiary.
41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the
performance of its obligations pursuant to the Contract, and such failure or delay shall not be
deemed a default of the Contract or grounds for termination hereunder if all of the following
conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution;
B. cannot reasonably be circumvented by the non -performing party through the use of
alternate sources, work -around plans, or other means; and
C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood,
earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots,
civil disorders, rebellions or revolutions or court order.
An event that satisfies all of the conditions set forth above shall be referred to as a "Force
Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be
excused from any further performance of those of its obligations which are affected by the
Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the
affected party continues to use reasonable efforts to recommence performance whenever and
to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the
other by telephone (to be confirmed by written notice within five (5) days of the inception of
the failure or delay) of the occurrence of a Force Majeure Event and shall describe in
reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event
prevents the Company from performing its obligations for more than fifteen (15) days, the
City shall have the right to terminate the Contract by written notice to the Company.
Notwithstanding anything contained herein to the contrary, strikes, slow -downs, walkouts,
lockouts, and industrial disputes of the Company or its subcontractors shall not constitute
"Force Majeure Events" and are not excused under this provision. Nothing in the preceding
Force Majeure provisions shall relieve the successful Company of any obligation it may have
regarding disaster recovery, whether under the Contract or at law.
42 CONFIDENTIALITY.
42.1 DEFINITIONS. As used in this Contract, The term "Confidential Information'
shall mean any information, in any medium, whether written, oral or electronic, not
generally known in the relevant trade or industry that is obtained from the City or
any of its suppliers, contractors or licensors which falls within any of the following
general categories:
Nov. 1, 2018 14
Contract No. 2019000319
Vendor No.306600
42.1.1 Trade secrets. For purposes of this Contract, trade secrets consist of
information of the City or any of its suppliers, contractors or licensors:
(a) that derives value from being secret; and (b) that the owner has taken
reasonable steps to keep confidential. Examples of trade secrets include
information relating to proprietary software, new technology, new
products or services, flow charts or diagrams that show how things work,
manuals that tell how things work and business processes and
procedures.
42.1.2 Information of the City or its suppliers, contractors or licensors marked
"Confidential" or "Proprietary."
42.1.3 Information relating to criminal investigations conducted by the City,
and records of criminal intelligence information compiled by the City.
42.1.4 Information contained in the City's personnel files, as defined by N.C.
Gen. Stat. 160A-168. This consists of all information gathered by the
City about employees, except for that information which is a matter of
public record under North Carolina law.
42.1.5 Citizen or employee social security numbers collected by the City.
42.1.6 Computer security information of the City, including all security features
of electronic data processing, or information technology systems,
telecommunications networks and electronic security systems. This
encompasses but is not limited to passwords and security standards,
procedures, processes, configurations, software and codes.
42.1.7 Local tax records of the City that contains information about a taxpayer's
income or receipts.
42.1.8 Any attorney / client privileged information disclosed by either party.
42.1.9 Any data collected from a person applying for financial or other types of
assistance, including but not limited to their income, bank accounts,
savings accounts, etc.
42.1.10 The name or address of individual home owners who, based on their
income, have received a rehabilitation grant to repair their home.
42.1.11 Building plans of city -owned buildings or structures, as well as any
detailed security plans.
42.1.12 Billing information of customers compiled and maintained in connection
with the City providing utility services
42.1.13 Other information that is exempt from disclosure under the North
Carolina public records laws.
Categories 42.1.3 through 42.1.13 above constitute "Highly Restricted Information," as well as
Confidential Information. The Company acknowledges that certain Highly Restricted
Information is subject to legal restrictions beyond those imposed by this Contract, and agrees
that: (a) all provisions in this Contract applicable to Confidential Information shall apply to
Highly Restricted Information; and (b) the Company will also comply with any more restrictive
instructions or written policies that may be provided by the City from time to time to protect the
confidentiality of Highly Restricted Information.
Nov. 1. 2018 15
Contract No. 2019000319
Vendor No.306600
The parties acknowledge that in addition to information disclosed or revealed after the date of this
Contract, the Confidential Information shall include information disclosed or revealed within one
year prior to the date of this Contract.
42.2 RESTRICTIONS. Company shall keep the Confidential Information in the
strictest confidence, in the manner set forth below:
42.2.1 Company shall not copy, modify, enhance, compile or assemble (or reverse
compile or disassemble), or reverse engineer Confidential Information,
except as authorized by the City in writing.
42.2.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report
or transfer Confidential Information to any third party, other than an agent,
subcontractor or vendor of the City or Company having a need to know
such Confidential Information for purpose of performing work
contemplated by written agreements between the City and the Company,
and who has executed a confidentiality agreement incorporating
substantially the form of this the Contract. Company shall not directly or
indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to
any third party without the City's prior written consent.
42.2.3 Company shall not use any Confidential Information for its own benefit or
for the benefit of a third party, except to the extent such use is authorized
by this Contract or other written agreements between the parties hereto, or
is for the purpose for which such Confidential Information is being
disclosed.
42.2.4 Company shall not remove any proprietary legends or notices, including
copyright notices, appearing on or in the Confidential Information.
42.2.5 Company shall use reasonable efforts (including but not limited to seeking
injunctive relief where reasonably necessary) to prohibit its employees,
vendors, agents and subcontractors from using or disclosing the
Confidential Information in a manner not permitted by this Contract.
42.2.6 In the event that any demand is made in litigation, arbitration or any other
proceeding for disclosure of Confidential Information, Company shall
assert this Contract as a ground for refusing the demand and, if necessary,
shall seek a protective order or other appropriate relief to prevent or restrict
acid protect any disclosure of Confidential Information.
42.2.7 All materials which constitute, reveal or derive from Confidential
Information shall be kept confidential to the extent disclosure of such
materials would reveal Confidential Information, and unless otherwise
agreed, all such materials shall be returned to the City or destroyed upon
satisfaction of the purpose of the disclosure of such information.
42.2.8 Company shall restrict employee access to the Confidential Information to
those employees having a need to know for purposes of their jobs.
42.29 Company shall take reasonable measures to prevent the use or disclosure of
Confidential Information by its employees in a manner not permitted by
this Contract. The Company shall have each of its employees who will
have access to the Confidential Information sign a confidentiality
agreement which provides the City and its vendors, licensors,
Nov. 1, 2019 16
Contract No. 2019000319
Vendor No.306600
subcontractors, employees and taxpayers the same level of protection as
provided by this Contract.
42.3 EXCEPTIONS. The City agrees that Company shall have no obligation with respect
to any Confidential information that the Company can establish:
42.3.1 Was already known to Company prior to being disclosed by the City;
42.3.2 Was or becomes publicly known through no wrongful act of Company;
42.3.3 Was rightfully obtained by Company from a third party without similar
restriction and without breach hereof,
42.3.4 Was used or disclosed by Company with the prior written authorization of
the City;
42.3.5 Was disclosed pursuant to the requirement or request of a governmental
agency, which disclosure cannot be made in confidence, provided that, in
such instance, Company shall first give to the City notice of such
requirement or request;
42.3.6 Was disclosed pursuant to the order of a court of competent jurisdiction or
a lawfully issued subpoena, provided that the Company shall take
reasonable steps to obtain an agreement or protective order providing that
this Contract will be applicable to all disclosures under the court order or
subpoena.
43 MISCELLANEOUS
43.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments
constitute the entire agreement between the parties with respect to the subject
matter herein. There are no other representations, understandings, or agreements
between the parties with respect to such subject matter. This Contract supersedes
all prior agreements, negotiations, representations and proposals, written or oral.
Notwithstanding the forgoing, the parties agree that the ITB and the Bid are
relevant in resolving any ambiguities that may exist with respect to the language of
this Contract
43.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in
writing and signed by the party against whom enforcement is sought. Amendments
that involve or increase in the amounts payable by the City may require execution
by a Department Director, the City Manager, or an Assistant City Manager;
depending on the amount. Some increases may also require approval by City
Council.
43.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the
interpretation and enforcement of this Contract, and any other matters relating to
this Contract (all without regard to North Carolina conflicts of law principles). All
legal actions or other proceedings relating to this Contract shall be brought in a
state or federal court sitting in Mecklenburg County, North Carolina. By execution
of this Contract, the parties submit to the jurisdiction of such courts and hereby
irrevocably waive any and all objections which they may have with respect to
venue in any court sitting in Mecklenburg County, North Carolina.
43.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties
and their successors and permitted assigns. Neither party may assign this Contract
without the prior written consent of the other. Any assignment attempted without
the written consent of the other party shall be void. For purposes of this Section, a
Change in Control, as defined in Section 42.8 constitutes an assignment.
Nov. 1.2018 17
Contract No. 2019000319
Vendor No.306600
43.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses
or sections contained in this Contract or the Exhibits shall not affect the validity of
the remaining portion of this Contract or Exhibits so long as the material purposes
of this Contract can be determined and effectuated. If any provision of this Contract
or Exhibit is held to be unenforceable, then both parties shall be relieved of all
obligations arising under such provision, but only to the extent that such provision
is unenforceable, and this Contract shall be deemed amended by modifying such
provision to the extent necessary to make it enforceable while preserving its intent.
43.6 NO PUBLICITY. No advertising, sales promotion or other materials of the
Company or its agents or representations may identify or reference this Contract or
the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City
as a reference in responses to requests for proposals, and may identify the City as a
customer in presentations to potential customers.
43.7 WAIVER. No delay or omission by either party to exercise any right or power it
has under this Contract shall impair or be construed as a waiver of such right or
power. A waiver by either party of any covenant or breach of this Contract shall
not constitute or operate as a waiver of any succeeding breach of that covenant or
of any other covenant. No waiver of any provision of this Contract shall be
effective unless in writing and signed by the party waiving the rights.
43.8 CHANGE IN CONTROL. In the event of a change in "Control" of the Company
(as defined below), the City shall have the option of terminating this Contract by
written notice to the Company. The Company shall notify the City within ten days
of the occurrence of a change in control. As used in this Contract, the term
"Control" shall mean the possession, direct or indirect, of either (i) the ownership
of or ability to direct the voting of, as the case may be fifty-one percent (51%) or
more of the equity interests, value or voting power in the Company or (ii) the
power to direct or cause the direction of the management and policies of the
Company whether through the ownership of voting securities, by contract or
otherwise.
43.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or
subcontractors, nor any employees of any of the forgoing has bribed or attempted
to bribe an officer or employee of the City in connection with this Contract.
43.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The
Company agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract
be in compliance with all applicable federal, state and/or local laws regarding
employment practices. Such laws will include, but shall not be limited to workers'
compensation, the Fair Labor Standards Act (FLSA), the Americans with
Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA
regulations applicable to the work.
43.11 TAXES. The Company shall pay all applicable federal, state and local taxes which
may be chargeable against the Products and/or Services.
43.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits,
which by their nature would reasonably be expected to continue after the
Nov. 1, 2018 18
Contract No. 2019000319
Vendor No.306600
termination of the Contract shall survive the termination of the Contract, including
but not limited to the following:
Section 3
"Term"
Section 13
"General Warranties"
Section 14
"Additional Representations and Warranties"
Section 22
"Guarantee"
Section 27
"Other Remedies"
Section 28
"Termination"
Section 32
"Indemnification"
Section 33
"Insurance"
Section 39
"Notices"
Section 43
"Confidentiality"
Section 44
"Miscellaneous"
43.13 NON -APPROPRIATION OF FUNDS. If City Council does not appropriate the
funding needed by the City to make payments under this Contract for a given fiscal
year, the City will not be obligated to pay amounts due beyond the end of the last
fiscal year for which funds were appropriated. In such event, the City will promptly
notify the Company of the non -appropriation and this Contract will be terminated
at the end of the last fiscal year for which funds were appropriated. No act or
omission by the City, which is attributable to non -appropriation of funds shall
constitute a breach of or default under this Contract.
43.14 NC REQUIRED TERMS. The following terms are incorporated into this Contract
for compliance with state law:
43.14.1 E-VERIFY. Company shall comply with the requirements of Article 2 of
Chapter 64 of the North Carolina General Statutes, and shall require each
of its subcontractors to do so as well.
43.14.2 NC Prohibition on Contracts with Company that Invest in Iran or Boycott
Israel. Company certifies that: (i) it is not identified on the Final
Divestment List or any other list of prohibited investments created by the
NC State Treasurer pursuant to N.C.G.S. 147-86.58 (collectively, the
"Treasurer's IDA List"); (ii) it has not been designated by the NC State
Treasurer pursuant to N.C.G.S. 147-86.81 as a company engaged in the
boycott of Israel (such designation being referred to as the "Treasurer's IB
List"); and (iii) it will not take any action causing it to appear on the
Treasurer's IDA List or the Treasurer's IB List during the term of this
Contract. In signing this Contract Company further agrees, as an
independent obligation, separate and apart from this Contract, to reimburse
the City for any and all damages, costs and attorneys' fees incurred by the
City in connection with any claim that this Contract or any part thereof is
void due to Company appearing on the Treasurer's IDA List or the
Treasurer's 113 List at any time before or during the term of this Contract.
43.15 PRE -AUDIT. No pre -audit certificate is required under N.C. Gen. Stat. 159-28(a)
because this Contract is for an indefinite quantity with no minimum purchase
Nov. 1, 2018 19
Contract No. 2019000319
Vendor No.306600
requirement. Notwithstanding anything contained herein to the contrary, this
Contract does not require the City to purchase a single product or service, and a
decision by the City to not make any purchase hereunder will violate neither this
Contract nor any implied duty of good faith and fair dealing. The City has no
financial obligation under this Contract absent the City's execution of a valid and
binding purchase order or contract addendum containing a pre -audit certificate."
44. CITY'S RESPONSIBILITIES. City must return the equipment to Company in the same
good and clean condition it was in when City received it, ordinary wear excepted. The
equipment must be returned to Company at the Company branch from which it was rented.
City acknowledges that it must confirm return receipt of the equipment by Company at the
time the equipment is returned. Until such time as Company receives actual possession of
the equipment, City agrees to hold said equipment in a safe and secure manner. City shall
notify the renting branch by telephone or fax, prior to any equipment movements between
City's job sites. The equipment will be used only in accordance with the manufacturer's
instructions within its rated capacity.
City will promptly notify Company of any accident, damage or failure involving the
equipment and will reasonably cooperate with Company in gathering information in
connection therewith. City will perform or cause to be performed lubrication and readiness
checks of the equipment, including but not limited to: checking of the equipment before
each shift; checking and maintaining crankcase, transmission, cooling and fluid systems
daily; and checking tire pressure and battery fluid and charge levels weekly. If the
equipment fails to operate properly or becomes in need of repair, City will immediately
cease using same and will immediately notify Company. City further agrees, at City's sole
cost and expense, to secure and maintain in force during the entire term of the Rental
Documentation insurance that meets the requirements set forth herein for the benefit of
Company.
Company agrees to provide the equipment to City with a minimum of one-fourth (1/4) tank
of fuel. City will be responsible for returning the equipment with the same fuel level as the
equipment had when the City received the equipment. If City returns the equipment with
the fuel tank(s) less than one-fourth of a tank full, City will pay to Company a sum equal to
Company's then -applicable refueling service charge posted at the Company branch where
the equipment is returned for the number of gallons required to refill the tank(s) at the time
of return.
45. RISK OF LOSS: All loss of or damage to the equipment, unless such loss or damage
results front a latent defect(s) or fault or negligence on the part of Company, while on rental
and in City's care, custody or control, including, but not limited to, fire, flood, theft,
comprehensive losses, collision and rollover, and Acts of God, will be the responsibility of
City and will be paid to Company promptly upon City's receipt of an uncontested, itemized
invoice therefor. Such responsibility is limited to: (1) reasonable repair cost; or, (2) the fair
market value of the equipment at the time it is lost or damaged, less its salvage value. The
cost of labor for such repairs will be either supplier's then prevailing reasonable hourly rate
for labor, posted at the supplier branch where the equipment is to be repaired, or the
repairer's reasonable hourly rate for labor charged to supplier for such repairs, as the case
may be. Parts will be charged to City at Company's cost as reasonably charged to Company
by the supplier or repairer, as the case may be. Use of the equipment by persons other than
as provided for herein will be at City's sole risk. City and any Authorized Operator hereby
Nov. 1, 2018 20
Contract No. 2019000319
Vendor No.306600
assume all risk of loss or damage and waive all claims against Company by reason of any
property left, or stored, by City or any other person in or upon the equipment.
46. LIMITATION OF LIABILITY: the parties agree that the maximum liability to which
either party may be liable or responsible to the other party or any third party for any loss,
damage or injury caused by, resulting from or in any way connected with the equipment
and/or this contract shall be the total rental charges paid or payable by city under this
contract. Both parties waive any and all consequential, indirect, special and punitive
damages. This limitation of liability shall not apply to either party's indemnification
obligations hereunder.
[Signature Page Follows]
Nov. 1. 2018 21
Contract No. 2019000319
Vendor No. 306600
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this Contract to be executed
on the date first written above.
COMPANY: BIG TRUCK RENTAL LLC
BY:
PRINT NAME: M f 4 c Z VXt,fh-7
TITLE: ()I'- o
DATE: Mk//f
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY: �41V
PRINT NAME: S606 rr ,2cc -joy—4q q
L J
TITLE.���U-
DATE: C
CITY OF CHARLOTTE:
RISK MANAGEMENT DIVISION
BY:
PRINT NAME: lt(� Joe- a
DATE: CI J L`Z
Nov. 1, 2018 22
Contract No. 2019000319
Vendor No. 306600
Exhibit A
Discount Structure and Additional Fees
This Discount Structure, Market Basket Pricing, and Additional Fees are an Exhibit to and is
incorporated into the Contract between the City of Charlotte and Big Truck Rental ("the
Contract"). Capitalized terms not defined in this Exhibit shall have the meanings assigned to
such terms in the Contract.
Company must maintain the following fixed percentage discounts off the Company's most
current published price list for the life of the Contract. All charges by the Company to the City
and/or any Participating Public Agency must not exceed the pricing included in this Exhibit.
Nov. 1, 2018 23
i
RFP #269-2018-047 - HEAVY DUTY RENTAL AND RELATED PRODUCTS AND SERVICES
Leasing Opti ns and Pricing Structure
PLEASE PROVIDE YOUR PURCHAS OPTIONS AND PRICING FOR ALL EQUIPMENT
i
Big Truck Rental offers a rent to purchase prograr�. The customer and Big Truck Rental agree to a purchase
price(see below) on the vehicle and 25% of all paid rentals can be applied to the purchase price of the vehicle.
The minimum rental period on the program is 6 months with a maximum of 18 months. This program rental
rate is the monthly rate as proposed in the market basket.
Big Truck Rental also markets/sells our off -rent trsacks that typically range in 1.5-2 years in age. Big Truck Rental
will offer the city of Charlotte and U.S. Communities members a 1% discount off of the standard retail price of
the vehicle.
Contract No. 2019000319
Vendor No. 306600
Exhibit B
Scope of Services
This Scope of Services is an Exhibit to and is incorporated into the Contract between the City of
Charlotte ("City") and Big Truck Rental ("the Contract"). Capitalized terms not defined in this
Exhibit shall have the meanings assigned to such terms in the Contract.
2.1 General Scope
The Company shall provide Refuse Truck Rentals and Related Products and Services
to the City and Participating Public Agencies ("PPA") that elect to use this Contract.
Participating Public Agencies may have additional specific requirements that might
not be a requirement of the City. The Company agrees to provide additional
information or documentation to Participating Public Agencies as may be required
per the Master Intergovernmental Cooperative Purchasing Agreement (between the
City and the PPA). The Company agrees to comply with additional state, or local
laws and policies of the individual Participating Public Agencies.
2.2 Product Standards and Service Level Requirements
All Products offered must be the latest design and technology. It is essential that all
Equipment Rentals and Related Products and Services be in compliance with all
current and applicable ASTM Standards and other applicable laws and regulations in
the state of North Carolina or in accordance with the laws and applicable purchasing
policies of the State and locality where the Participating Public Agencies exists.
2.2.1 Any equipment rented shall be guaranteed to be fully functional and capable
of performing the task(s) it was designed to perform under the
manufacturer's guidelines. All safety equipment and all associated
attachments shall be in place and functioning per the manufacturer's design.
Any equipment not functioning properly, or becoming non-functional during
operation, shall be picked up and repaired or replaced by the Company at no
additional charge to the PPA during the rental period. Routing repairs not
caused by misuse of the equipment shall be provided at no additional cost to
the PPA.
2.2.2 At the time the PPA takes possession of the equipment, the Company shall
provide information regarding current condition and any visual, pre-existing
damage to the equipment. The Company and the PPA will review the
equipment condition at the point of delivery as well as at the point of return.
No rental fees shall be charged to a PPA without the signed receipt of
acceptance of the equipment.
2.2.3 The proposal response shall include a sample of any service agreement or
contract that the PPA will be required to sign. The service Agreement shall
clearly indicate and describe any and all charges that will be assessed at time
of rental. Documents produced for signature after an award is made, which
were not submitted with the proposal response, will not be considered or
made part of any Contract that results from this solicitation.
2.2.4 At the time of any rental of equipment under the terms of the resulting
Contract, PPA representatives may sign the Company's standard Rental
Agreement/Delivery Ticket as evidence of receipt of the equipment. PPA
Nov. 1, 2018 24
Contract No. 2019000319
Vendor No. 306600
representatives accepting equipment will not be authorized to obligate or
bind the respective agency to contractual terms and conditions; therefore,
signature on a Rental Agreement/Delivery Ticket is solely an
acknowledgement of receipt of the equipment. Any pre-printed terms on the
Rental Agree ment/De I i very Ticket shall govern the rental transaction only to
the extent the terms are not in addition to, or in conflict of, the terms of the
Master Agreement which shall govern all transactions between parties.
2.3 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract
(through December 31, 2019). Company may request price increases for consideration at
least sixty (60) days prior to each anniversary of the Contract effective date. All requests
must be submitted in writing to City of Charlotte Procurement Management along with
documentation of bona fide materials and labor increases for the cost of Products. No
adjustments shall be made to compensate a Company for inefficiency in operation or for
additional profit. Price decreases shall be accepted at any time during the term of the
contract.
2.4 New Products and Services
New Products and Services may be added to the Contract during the term of the Contract
by written amendment, to the extent that those Products and Services are within the scope
of this Contract and include, but will not be limited to, new Product added to the
Manufacturer's listing offerings, and services which reflect new technology and
improved functionality. All requests are subject to review and approval of the City of
Charlotte.
2.5 Training
The Company shall provide all operational and safety training associated with any
equipment included in the resulting Contract. This includes any OSHA required
certifications or licenses associated with rental of provided equipment. The Proposal
response shall include a complete description of training (methods of delivery, available
locations, duration, content, etc.) along with pricing structure for each.
2.6 Installation
All Products provided under this Contract that require assembly and installation should
be performed by the awarded Company's certified installers. All installation work must
meet the manufacturer's specifications and industry standards.
2.7 Safety
Company and installers or subcontractors performing services for the City shall comply
with all Occupational Safety and Health Administration (OSHA), State and County
Safety and Occupational Health Standards and any other applicable rules and regulations.
The Company and subcontractors shall be held responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any
persons or property within and around the work site area under this contract.
2.8 Delivery
Company will be responsible for the delivery, setup and pickup of all equipment to the
City or Participating Public Agencies in compliance with agreed upon Contract terms.
Timely delivery is important to the City and Participating Public Agencies.
Nov, t, 2018 25
Contract No. 2019000319
Vendor No. 306600
2.9 Optional Work
Company will be required to provide quotations on a case -by -case basis for optional
related work as may be required to provide a full turnkey solution to Participating Public
Agencies.
2.10 Reports
Company must maintain all records in compliance with, federal and state regulations. A
statistical report and an annual tabulated report must be submitted electronically to the
City upon request.
2.11 Prevailing Wages
Company must comply with the prevailing wage requirements of each state. Please
include any exceptions to this requirement in your proposal response, per Section 2.6.12
of this RFP.
Nov. 1, 2018 26
Contract No. 2019000319
Vendor No. 306600
Exhibit C
Federal Contract Terms and Conditions
This Exhibit is attached and incorporated into the Contract to Provide Equipment Rentals and
Related Products and Services (the "Contract") between the City of Charlotte and Big Truck
Rental ("Company"). Capitalized terms not defined in this Exhibit shall have the meanings
assigned to such terms in the Contract. In the event of a conflict between this Exhibit and the
terms of the main body of the Contract or any other exhibit or appendix, the terms of this Exhibit
shall govern.
l . Debarment and Suspension. The Company represents and warrants that, as of the Effective
Date of the Contract, neither the Company nor any subcontractor or subconsultant performing
work under this Contract (at any tier) is included on the federally debarred bidder's list listed
on the government wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549
(3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." If at any point during the Contract term the Company or any subcontractor
or subconsultant performing work at any tier is included on the federally debarred bidder's
list, the Company shall notify the City immediately.
2. Record Retention. The Company certifies that it will comply with the record retention
requirements detailed in 2 CFR § 200.333. The Company further certifies that vendor will
retain all records as required by 2 CFR § 200.333 for a period of three years after it receives
City notice that the City has submitted final expenditure reports or quarterly or annual
financial reports, as applicable, and all other pending matters are closed.
Procurement of Recovered Materials. The Company represents and warrants that in its
performance under the Contract, the Company shall comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
4. Clean Air Act and Federal Water Pollution Control Act, Company agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C,
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA)
5. Energy Efficiency. The Company certifies that the Company will be in compliance with
mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Pub, L. 94-163 , 89 Stat. 871).
6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Company certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Company, to any person for influencing or attempting to influence an officer or employee
Nov. 1, 2019 27
Contract No. 2019000319
Vendor No. 306600
of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal Loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of and Federal contract, grant, loan, or cooperative agreement,
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement,
the Company shall complete and submit Standard Form—LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions [as amended by "Government wide
Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
c. The Company shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is
in excess of $100,000 and involves the employment of mechanics or laborers, the Company
must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
purchases of transportation or transmission of intelligence.
8. Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and
the City wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment of performance or experimental,
developmental or research work thereunder, the City must comply with 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
Nov. 1, 2018 28
Section 6
Required Forms
REQUIRED FORM 8—NON-DISCRIMINATION PROVISION
R" #269-2018-047 Equipment Rentals and Related Products and Services
All requests for Bids or Proposals issued for City Contracts shall include a certification to be completed
by the Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer 4ereby certifies and agrees that the following information is correct:
1. In preparing it's the enclosed Bidor Proposal, the Bidder or Proposer has considered all Bids and Bids
submitted from qualified, potential subcontractors and Company, and has not engaged in discrimination
as defined in Section 2,
2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or
treatment of any subcontractor, .vendor or supplier on the basis of race, ethnicity, gender, age or
disability or any otherwise unlawful form of discrimination. Without limiting the foregoing,
discrimination also includes retaliating against any person or other entity for reporting any incident of
discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood
and agreed that, if this certification is false, such false certification will constitute grounds for the City
to reject the Bid or Proposal submitted with this certification, and terminate any Contract awarded based
on such Bid or Proposal It shall also constitute a violation of the City's Commercial Non -
Discrimination Ordinance and shal l subject the Bidder or Proposer to any remedies allowed thereunder,
including possible disqualification from participating in City Contracts or Bid processes for up to two
years.
4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the
City all information and documentation that may be requested by the City from time to time regarding
the solicitation and selection of Company and subcontractors in connection with this solicitation
process. Failure to maintain or failure to provide such information shall constitute grounds for the City
to reject the Bid or Proposal and to any Contract awarded on such Bid or Proposal. It shall also
constitute a violation of the City's Commercial Non -Discrimination Ordinance, and shall subject the
Bidder or Proposer to any remedies that are allowed thereunder.
5. As part of its Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances
within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal
or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors,
vendors or suppliers, and a description of the status or resolution of that complaint, including any
remedial action taken.
6. Asa condition of submitting a Bid to the City, the Bidder or Proposer agrees to comply with the City's
Commercial Non -Discrimination Policy as described in Section 2, Article V of the Charlotte City Code,
and consents to be bound by the award of any arbitration conducted thereunder,
NAME OF COMPANY. Big Truck Rental, LLC
BY: Zach Martin TITLE. Vice Pres4 _nt of Salmi North America
SIGNATURE OF AUTHORIZED FICIAL:
DATE: 6-15- t 8
RFP 4269-2018-047 Rental Equipment . 41
Section 6
Required Forms
REQUMED DORM 9 — DEBARMENT CERTIFICATION
CERTIFICATION REGARDINGDEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS
The bidder, or service provider, as appropriate, certifies to the best of its knowledge and belief that neither it nor any
of its officers, directors, managers who will be working under this Contract or persons or entities holding a greater
than 10% equity interest in it (collectively "Principals"):
1. Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal or state department or agency in the United States;
2. Have within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (federal, State or local) transaction or contract; violation of federal or state anti-trust
or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
3. Are presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state
or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and
4. Have within a three year period preceding this application/proposal had one or more public transactions
(federal, state or local) terminated for cause or default.
I understand that a false statement on this,certification may be grounds for rejection of this proposal or termination of
the award or in some instances, criminal prosecution.. [Select one of the options below by checking associated box
and completing associated blanks.]
Option I: I certifv to all of the above stit tements.
COMPANY NAPE: MwWruck Rental, LLC
BY: /0 a
(sign �,e)f v
PRINT NAME: Zach Martin
TITLE: Vice President of Sales North America
DATE: 6-15-18
❑ Option Z: I cannot certifv to one or more the above statements. Attached is my explanation.
COMPANY NAME:
BY:
(signature)
PRINT NAME:
TITLE:
DATE:
Note: If unable to certify (Option 2 is selected), the bidder or service provider may still be
awarded depending upon the explanation offered.
RFP 4269-2018-047 Rental Equipment 42
BIGTRU
ALc a I DATE JMMYY]
V CERTIFICATE OF LIABILITY INSURANCE 911212018201$
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
PRODUCER INCONT
MEACT Certificate Requests
Commercial Lines - (813) 639-3000 PHONE FAX
Arc p. Exn: 813-639-7143 (AIc. Not: _
USI Insurance Services National, Inc. ADDRESS: clw.certrequest@usi.com
2502 N. Rocky Point Drive, Suite 400 I INSURER(S) AFFORDING COVERAGE NAIC*
Tampa, FL 33607 INSURER A: Zurich American Insurance Co 16535
INSURED INSURER B:
Big Truck Rental, LLC I INSURER C:
5001 W. Lemon Street
I INSURER D
I INSURER E :
Tampa FL 33609 I INSURER F:
COVERAGES CERTIFICATE NUMBER: 13411846
REVISION NUMBER: See below
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED_ NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
INSD WVD POLICY NUMBER 1MMIDDIYYYYI (MMIDE YYYY)
LIMITS
A
X COMMERCIAL GENERAL LIABILITY GLA0160970-01 11/01/2017 11/0112018
EACHOCCURRENCE S 1.000,000
I
CLAIMS
DAMAGE To RENTED
I -MADE OCCUR
PREMISES IEaoccurre ) S 1,000,000
MED EXP (Any one person) S 10,000
,i
PERSONAL &AOVINJURY S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE S 2,000,000
X j POLICY � PRCOT- 1:1 LOC
I PRODUCTS - COMPIOPAGG S 2,000,000
OTHER-
', S
A I AUTOMOBILE LIABILITY GLA0160970-01 11101/2017 111011201$
COMBWE D SINGLE LIMIT
(Ea accideni)
S 101X]OOC
ANY AUTO
I BODILY INJURY (Per person)
$
! OWNED
AUTOS ONLYP
SCHEDULED
AUTOS
I BODILY INJURY (Per accident)'
S
j HIRED
NON -OWNED
I PRDPERTYDAMAGE S
AUTOS ONLYAUTOSONLY
(PeraccidenO
I
I
$
UMBRELLALIAB I
iii
I
OCCUR
EACH OCCURRENCE
S
EXCESS DAB Ir
CLAIMS -MADE
I AGGREGATE
15
DED I I RETENTIONS I
5
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS' LIABILITY y r N
STATUTE I ER '
IANYPROPRIETORIPARTNERIEXECUTIVE
I E L EACH ACCInE
S
OFFICERIMEMBEREXCLUnEO? N ! A
_
(Mandatory in NH)
I E L DISEASE - EA EMPLOYEE!
S
If yes, describe under
DESCRIPTION CF OPERATIONS below
E L DISEASE - POLICY LIMIT . 5
I I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedufe, may be attached if more space is required)
The certificate holder is included as an additional insured with respect to general liability when required in written contract and in accordance with the terms
and conditions Of the policy.
The City of Charlotte's insurance will be primary for all Auto coverage with regard to vehicles leased or rented to the City. This auto coverage is excess
over any applicable insurance the City has in place including but not limited to excess coverage.
CERTIFICATE HOLDER CANCELLATION
City of Charlotte SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Procurement Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
g ACCORDANCE WITH THE POLICY PROVISIONS,
600 East 4th ST. CMGC 9th Floor
Charlotte, NC 28202 AUTHORIZED REPRESENTATIVE
9
The ACORD name and logo are registered marks of ACORD O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103)
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph DA. above (of this
endorsement); or
b. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Additional Insured —Vendors
1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property
damage" included in the "products -completed operations hazard":
Section Il — Who Is An Insured is amended to include as an additional insured any person or organization
(referred to throughout this Paragraph E. as vendor) who you have agreed in a written contract or written
agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property
damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's
business:
However, the insurance afforded to such vendor:
a- Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written agreement to provide for
such vendor.
2. With respect to the insurance afforded to these vendors, the following additional exclusions apply:
a. The insurance afforded the vendor does not apply to:
(1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement,
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with the distribution or sale
of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
(7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor; or
(8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not
apply to:
(a) The exceptions contained in Subparagraphs (4) or (6); or
(b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
b. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage
Part.
U-GL-1345-B cW (04113)
Page 3 of 12
Includes copyrighted material of Insurance services office, Inc., with its permission.
3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III
— Limits Of Insurance:
The most we will pay on behalf of the vendor is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph E.I. above (of this
endorsement); or
b. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations.
F. Additional Insured — Managers, Lessors or Governmental Entity
1. Section II —Who Is An Insured is amended to include as an insured any person or organization who is a
manager, lessor or governmental entity who you are required to add as an additional insured on this policy
under a written contract, written agreement or permit, but only with respect to liability for "bodily injury",
"property damage" or "personal and advertising injury" caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omission of those acting on your behalf; and
resulting directly from:
a. Operations performed by you or on your behalf for which the state or political subdivision has issued a
permit;
b. Ownership, maintenance, occupancy or use of premises by you; or
c. Maintenance, operation or use by you of equipment leased to you by such person or organization.
However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written agreement to provide
for such additional insured.
2. This provision does not apply:
a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to
the "bodily injury", "property damage" or offense that caused "personal and advertising injury';
b. To any person or organization included as an insured under Paragraph 3. of Section If — Who Is An Insured;
c. To any lessor of equipment if the 'occurrence" or offense takes place after the equipment lease expires;
d. To any:
(1) Owners or other interests from whom land has been leased by you; or
(2) Managers or lessors of premises, if:
(a) The 'occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant
in that premises;
(b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural
alterations, new construction or demolition operations performed by or on behalf of the manager or
lessor; or
(c) The premises are excluded under this Coverage Part.
3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is
added to Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph F.I. above (of this
endorsement); or
U-GL-1345-B CW (04/13)
Page 4 of 12
Includes copyrighted material or Insurance Services Office, Inc., with its permission.
b. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations.
G. Damage to Premises Rented or Occupied by You
1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property
Damage Liability is replaced by the following:
Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily
occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of
Insurance applies to this coverage as described in Section III — Limits Of Insurance.
2. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under
Coverage A for damages because of "property damage" to any one premises while rented to you, or in the
case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily
occupied by you with permission of the owner.
H. Broadened Contractual Liability
The "insured contract" definition under the Definitions Section is replaced by the following:
"Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied
by you with permission of the owner is not an "insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a
municipality in connection with work performed for a municipality) under which you assume the tort liability of
another party to pay for "bodily injury", "property damage", or "personal and advertising injury" arising out of the
offenses of false arrest, detention or imprisonment, to a third person or organization. Tort liability means a liability
that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage; or
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in
Paragraph (1) above and supervisory, inspection, architectural or engineering activities.
I. Definition — Specific Perils
The following definition is added to the Definitions Section:
"Specific perils" means:
a. tire;
b. Lightning;
c. Explosion;
U-GL-1345-g CVV (04113)
Page 5 or 12
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
Contract#: 2019000319
Amendment#: 6
Vendor#:306600
SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE
REFUSE TRUCK RENTALS AND RELATED PRODUCTS AND SERVICES
THIS SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE REFUSE TRUCK RENTALS AND RELATED PRODUCTS AND
SERVICES (this "Sixth Amendment") is made and entered into this 22 of nPrPmhQL_ 2023, by and between Big
Truck Rental LLC, a Florida limited liability company doing business in North Carolina (the "Company"), and the City of
Charlotte, a North Carolina municipal corporation (the "City").
statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement for Refuse Truck Rentals and related
Products and Services dated November 1, 2018 (the "Contract") pursuant to which the company agreed to
provide Refuse Truck Rentals and Related Products and Services for the City of charlotte.
B. The parties amended the Contract to incorporate unit price adjustments to the Discount Schedule, Additional
Fees, and Incentives.
C. The parties amended the Contract to add and delete products, to incorporate unit price adjustments to the
Discount Schedule, Additional Fees, and Incentives, and to replace the Commercial Non -Discrimination clause.
D. The parties amended the Contract to make adjustments to the Discount Schedule, Additional Fees, and
Incentives and to incorporate certain other changes.
E. The parties amended the Contract to add and delete products, to make price adjustments to the Discount
Schedule, Additional Fees, and Incentives, and to incorporate certain other changes. s.
F. The parties amended the Contract to extend the Term of the Contract by the first of two (2) two-year and to
incorporate certain other changes.
G. The parties now desire to amend the Contract to incorporate unit price adjustments to the Discount Schedule,
and Additional Fees, and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreement contained herein, the parties hereby agree
to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Sixth Amendment by reference.
2. Defined terms used in this Sixth Amendment shall have the same meaning as are assigned to such terms in the
Contract.
3. The Discount Schedule, Additional Fees, and Incentives in Exhibit A of the Contract are hereby replaced in its
entirety due to the price adjustments, which are attached hereto as Exhibit A.S.
A. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as
waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
81G TRUCK RENTAL LLC
AMENDMENT SIX
Contract#: 2019000319
Amendment#: 6
Vendor#:306600
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every
provision hereof, the parties have caused this Sixth Amendment to be executed as of the date first written above.
BIG TRUCK R NTAL LLC:
BY:
(Signature)
PRINT NAME: c-' ' { I
TITLE: Jr' �,r{C�olr Sc��
DATE: l (/ Z I/ zz) �[. J
BIG TRUCK RENTAL LLC
AMENDMENT SIX
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
BY: See Attachment below
(Signature)
PRINT NAME:
TITLE:
DATE:
z
CITY OF
CHARLOTTE
Digital Contract Routing Form
Non -Encumbered
Date Submitted: December 21, 2023
Submitted by: Angelica Witherell Submitter email: angelica.witherell@charlottenc.gov
Contract #: 2019000319 Amendment #: 6
Contract Name: Refuse Truck Rentals and Related Products and Services (Equipment Rentals)
Vendor Legal Name: Big Truck Rental LLC
Vendor#:306600
REQUIRED ATTACHMENT(S):
Use the Paperclip icon to attach a full Contract Document Routing Packet for review by the authorized
City individual with signature authority. The Routing Packet MUST include all required components per
the direction provided at:
The following signatures, once completed, shall be incorporated by reference into the contractual
document identified above.
City of Charlotte
�/ Sgnetl via Seamlesat)ocs.com ��J
Ke`% 8230�08604�'YV
Contract#: 2019000319
Amendment#: 6
Vendor#:306600
DISCOUNT SCHEDULE, ADDITIONAL FEES, AND INCENTIVES
EXHIBIT A.5 NATIONAL MARKET BASKET
HEAVY DUTY RENTAL AND RELATED PRODUCTS AND SERVICES DISCOUNTS BY CATEGORY
Annual Nationwide Usage
Amendment#6 Price and Equipment details
Mlnlmum oisvount
Amendment 06
Arnerr*Mnt 06
Irtern
Numer, Make Model
Description
� fcw the
%
AcOff iscoumst
Prke per Ranw -
� Truck RerM
Life of Contract
Prke
pM List Prke
Period is 4 Weeks
Heil or McNeilus 20 Yard Rear Loader, Freightliner or
50 Multiple Multiple
Pete rbilt Chassis, 16K Lb. Front Axle and 40K Lb. Rear Axle,
0.0%
0.0%
$9,100.00
Cart Tipper, Reeving Cylinder, and 3rd Eye Camera System
Heil or McNeilus 25 Yard Rear Loader, Freightiiner or
51 Multiple Multiple
Pete rbilt Chassis, 20K Lb. Front Axle and 46K Lb. Rear Axle,
1.9%
2.0%
$10,D00.00
Cart Tipper, Reeving Cylinder, and 3rd Eye Camera
System
Galbreath 60K Lb. Standard Outside Rail Hoist with Auto
52 Multiple Multiple
Tarping System, Freightliner or Pete rbilt or Mack
2.1%
2.2%
$9,SD0.00
Conventional Cab Chassis, 20K Lb. Front Axle and 46K Lb.
Rear Axle with 20K Lb. Steerable prop Axle
S3 Multiple Multiple
Heil or McNeilus 40Yard Front Loader, Mack or Peterbilt
1.8%
1.9%
$10,900.00
Chassis, 20K Lb. Front Axle and 46K Lb. Rear Axle
Heil or McNeilus 28 Yard Automated Side Loader, Peterbilt
54 Multiple Multiple
or Mack Chassis, 20K Lb. Front Axle and 46K Lb. Rear Axle,
1.7%
1.896
$11,700,00
Dual Steer or Right -Hand Drive, Groeneveld Auto Lube
System
Petersen TL-3 30yd Body Grapple Truck, Freightliner Or
International Chassis,12,000 Lb. Front Axle and 21,000 Lb.
N/A
3 3%
$8 900 00
56 Multiple Multiple
Rear Axle, Groe neveld Auto Lube System, Quadstick
Mechanical Joystick Control, Hardox HOX-2030 body
Curbtender 8 Yard Rear Loader, Isutu or International
57 Multiple Multiple
ChassIs, 9,440 Lb. Front Axle and 14,550 Lb. Rear Axle, Cart
N/A
0.0%
$8,40D.00
Tipper, Re eying Cylinder and 3rd Eye Camera System
Curbtender 11 Yard Rear Loader, Freightliner or
58 Multiple Multiple
international Chassis, 8,000 Lb. Front Axle and 18,000 Lb.
N/A
1 4%
$8,600.00
Rear Axle, Cart Tipper, Spool winch and 3rd Eye Camera
System
ALL RENTALS ARE A FOUR WEEK RENTAL PERI06
BfG TRUCK RENTAL LLC 3
AMENDMENTSIx
Contract#: 2019000319
Amendment#: 6
Vendor#:306600
DISCOUNT SCHEDULE, ADDITIONAL FEES, AND INCENTIVES
EXHIBIT A.5 LEASING OPTIONS AND PRICING STRUCTURE
HEAVY-DUTY RENTAL AND RELATED PRODUCTS AND SERVICES DISCOUNT BY CATEGORY
'131gTruck Rental's rental agreement is a 28-day rental agreement and not a lease, but for
customers who commit to rentals 6 months or longer, it is considered part of our long-term
Amendment #6 - Anticipated Rental of 6 Periods or Longer
rental plan and can receive the below discounted rate.
Minimum Dlsootmt Amendment## Anterrdmerrtfl6Price
Item Make Me" Description
Permtap by Actual Discount %6 Pa RenW - Big TnKk
Category for the Life Rer" Parlod Is 5
Number
of Contract Off Lit Price months or la"W
Heil or McNeil us 20 Yard Rear Loader, Freightiiner
50 Multiple Multiple or Peterbilt Chassis, 16K Lb. Front Axle and 40K Lb,
0 00% 0.00% $9,000.00
Rear Axle, Cart Tipper, Reeving Cylinder, 3rd Eye
Camera System
Heil or McNeilus 25 Yard Rear Loader, Freightliner
51 Multiple Multiple or Peterbllt Chassis, 20K Lb. Front Axle and 46K Lb.
2 9D% 3.13% $9,700.00
Rear Axle, Cart Tipper, Reeving Cylinder, 3rd Eye
Camera system
Galbreath 60K Lb. Standard Outside Ra11 Holst with
Auto Ta rpi ng System, Freightliner or Peter blIt or
52 Multiple Multiple Mack Conventional Cab Chassis, 20K Lb. Front Axie
3.00% 3.41% $9,100.00
and 46K Lb. Rear Axle with 20K Lb. Steerable Drop
Axle
Heil or McNeil us 40 Yard Front Loader, Mack or
53 Multiple Multiple PeterbiIt Chassis, ZOK Lb. Front Axle and 46K Lb.
2.70% 2.91% $10,600.00
Rear Axle
Heil or McNeilus 28 Yard Automated Side Loader,
Peterbiit or Mack Chassis, 20K Lb. Front Axle and
2 50% 2.73% $11,400.00
54 Multiple Multiple
46K Lb. Rear Axle, Dual Steer or Right -Hand Drlve,
Groeneve ld Auto Lube System
Petersen TL-3 30yd Body Grapple Truck,
Freightliner, or International Chassis, 12,000 Lb,
Front Axle and 21,000 Lb. Rear Axle, Groeneveld
N/A 4 40% $8,700.00
5b Multiple Multiple Auto Lube 5y5tem, Quadstick Mechanical Joystick
Control, Hardox HDX-
2030 body
Curbtender 8 Yard Rear Loader, isuzu or
International Chassis, 8,440 Lb. Front Axle and
57 Multiple Multiple 14,55D Lb. Rear Axle, Cart Tipper, Reeving Cyllnder
N/A 4.92% $R,200.00
and 3rd Eye
Camera System
Curbtender 11 Yard Rear Loader, Freightllner, or
58 Multiple Multiple Intern ationaI Chassis, 8,000 Lb. Front Axie and
N/A 1.39% $8,400.00
18,000 Lb. Rear Axle, Cart Tipper, Spool winch and
3rd Eye Camera System
ALL RENTALS ARE A FOUR WEEK
RENTAL
4
BfG TRUCK RENTAL LLC
AMENDMENTSIX
Exhibit C — Conflict of Interest Questionnaire
FORTWORTH CITYOF FORT WORTH —ENVIRONMENTAL SERVICES DEPARTN'IENT
CIQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governrtlentel entity
This tubes kwmira rafts a chsaps ma& to the lair by H.S., 23, "tb t99 mar Session. f?Ff iGE t15E0f�iiY
-• g a-,=r1r`afo f, 5a--D "Ilid I- 3r_-3WWnc9 * r Z:Nr#' I-c ¢ i -A u04mlk'Y € 1'1e. 7r a WXKr klif, =uv r x*.se
•bis a .— f5-a e•s5h,0 a$ tlaf4W bY SaCae❑ 176 ci-'I a 6 t" S a.a Mra'nMCn.A aid Ik
rf'A'lC' MGM lWWN -S MCW Seem,
Sr -av rs ojuDxran m;.st tee lid -+ t` tk '.kcz�r= a ajrrtitf:s'san- ct iv k:a: pfvirr-en'A 0" rfcl laW
fan 11a -th Ixrsmss cart ae€ - €hv da'e tie amdN becW" a'esata ar la= : MJ C W•4 111q s•ZWW'rt IC be
}4d 5" Sa"t-an 176 Xfo a - + Lava+ Ci vto rrwrd Gags.
A rieflW 01M is a< GW IN'l r4i rerclD' VC00 IN t C:atss 7B6'Y1r 1-6
aci:, -::,P sarP':ne-E :Ado A-
*i % , 13V "tic W:71M I ] ": raerrlea'V
J Njknw of vendor who has a businassralationshipwith local gotfernMPn[al entity.
6 t, Tn"Ick- aL r�:61, (_(- C_
J ❑ Chock this box i! you am fikrtg 2nupd3a ton pmvtousty filed ptiesuonnafrv. I -rr 130 Wi'9s t3: yam,' to ar t w:
cc a =_t arrarQ ,rr.I : is apc�prtr:a ' h t} a tr��rtp atcr :,a•t''Q ; tl o-,srQa 5 day ar:er wa sate or wncr
y;. ti _:�^�-� :m.:rc ltat tits �t-7trally�'�A gvas€iarral'e aas ��Wr-pe,-� ;• I�ac^a•sta.
J Name of local goverr flWrti officer XWA wham the infrmmotion is being disclosed.
Ally
f'ia-iii & 0M .&r
J Describe enh empsoyment or ottwr business relati maNp with the local government ofiicor. or a family nwmbar of ttta
otficer. as deseMad by Section 176.003(a)(2)(A). Also diatribe any family relationship with the local Savornmant off€tar.
Compieia subparts A and B for each ompioyrttertt or btrsirress seiationship described. Attach adda6DRW prages to thin Farm
C40 as necessary.
N/ 14
A is :na lcml ;ove'rrar' IffrV _r a fvrllj -car :f'•aa eKsf raaenlr�, _r I he f' [: �v va axar a r,or e
mbar star jwos'7^I?r'' rnc:rr<e. f•oi - Chi vordor'
❑ Yes FIfro
E 't the ter-acr r?:@a rr.T, cf 1*4 y t« racava ,,wac a rrac^ta. ratter .•ra1 r washer: vlc_ma.'':m cr at the d ractor
_1 -,a ;xal gcWary-ta-n a'fico- o• a+bri y marrter c4 rw :fta• ANC "'te tax2bls Ir:_ma m •0e7 recawad from The
s gave•rrrer-al ertq-
W n 0 r.
J Wscribeeach empiaypnont or business relationship thot the vendor named in Section f maintains with a coryw•atiwt or
other business enriry wish tespecl to which she local government officer sremos as an otfiaor or diaocuw.. or hods an
ottrrterstup Interest of on@ perciini or more. Jr j
J
❑ Cl�att. to x `, to ra IBC' ' g vet the tail C va'r mar€ " xr era farrdy off re- a*p or rxwo gM
deist oc r c 1ifi.d^3si::2'!E•. 8xc, _r gfts dQsimlt d r S�_' s'E. _=•a-tz.
°C I7�/2q
7 _•e i! re!3ds' d t: h&55 .*,� Yfi grNQI---" e-M.
G 31'n p,ov g9C by Texas E79:5 CC^-r'SS or WWA {,t" CS.S1;14 ;a u: