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Home My WebLink AboutR2022-226 2022-09-26RESOLUTION NO. R2022-226 A Resolution of the City Council of the City of Pearland, Texas, authorizing estimated expenditures of $57,500.00 associated with vehicle leasing services with EAN Holdings, LLC, (EAN) for Fiscal Year 2022; and awarding a vehicle leasing contract to EAN, in the estimated amount of $60,000.00 for the period of October 1, 2022 through September 30, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby authorizes estimated expenditures of $57,500.00 associated with vehicle leasing services with EAN for Fiscal Year 2022; and awarding a vehicle leasing contract to EAN, in the estimated amount of $60,000.00. PASSED, APPROVED and ADOPTED this the 26th day of September, A.D., 2022. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 72F25F9F-2561-410E-9F87-51A935D77E4C DocuSign Envelope ID: A7E60008-D628-4A01-B49F-8599FE005C59 Business Rental Preferred Rate Agreement Company: City of Pearland Police Department Contact: Chief J.L. Spires Address: 2555 Cullen Blvd Pearland, Texas 77581 VEHICLE CLASS Small TRUCK Intermediate/SUV Full Size Premium Luxury 1/2 Ton Trucks Mini Vans Medium SUV Large SUV "Customer" Company: EAN Services, LLC Contact: Business Rental Department Address: 21503 Sprina Plaza Drive Spring. TX 77388 BASE RENTAL CHARGES* MONTHLY RATE $864.00/month $825.00/month $798.00/month $829.00/month $863.00/month $933.00/month $898.00/month $976.00/month $1206.00/month "Enterprise" *Base Rental Charges apply to Enterprise location in the following geographic area(s): Rental Branch 06HC Houston, Texas only located at 17302 Pine Cut, Houston, TX 77032. For U.S. rentals (including Puerto Rico) outside of the geographic area(s) described above, Enterprise's affiliated entity's renting location from which the rental originates will apply a 5% discount off the standard, undiscounted daily, weekly, and monthly rates charged by the renting location. Driver Protection Products selected below, if applicable, shall not apply to these rentals. RENTAL LOCATION SURCHARGES: In addition to the applicable Base Rental Charges set forth above, rental location surcharges are assessed as follows: N/A. Exclusions: Base Rental Charges are not available for rentals commencing in Manhattan all day Friday through 1259 p.m. Sunday. Base Rental Charges do not include applicable taxes, fees, surcharges, refueling, drop-off, delivery, youthful driver, additional driver, cr pickup charges or, except as set forth in this Agreement, any optional products or services such as damage waiver ("DW"), liability protection, personal accident insurance and personal effects coverage ("Driver Protection Products") and Roadside Assistance Program/Roadside Plus. Additional fees may be assessed for rentals from FBO locations. MILEAGE CHARGES: Base Rental Charges for rentals in the Houston, Texas area include unlimited free miles for all other vehicles. Base Rental Charges for rentals outside of the above listed participating U.S. locations may not include mileage, in which case, mileage charges charged by the renting location's branch will apply. VEHICLE AVAILABILITY: Hybrid vehicles are subject to the availability at the renting branch and are not available at all locations. Other restrictions may apply. 12 and 15 passenger vans are subject to availability at the renting branch and are not available in all states. Unless included in the Base Rental Charges listed above, rates for these vehicles will be determined by the applicable originating Enterprise location in its discretion. CAR CLASSES: This Agreement shall apply to all vehicles in the United States and Puerto Rico rented pursuant to this Agreement, regardless of whether the car class is listed herein, except DW and third party liability, if included in the Rate, shall not apply for rentals of exotics, high line vehicles and trucks. ADDITIONAL TERMS 1. Term. The term of this Business Rental Preferred Rate Agreement ("Agreement") begins October 1, 2022, and shall remain in full force for six months due to the current vehicle pricing environment. It will be determined at six months if the pricing can be extended for another six months or a new agreement is required. Either party has the right to opt out of this agreement with thirty days written notice. 2. Rental Program. Enterprise agrees to make its vehicles available to Employees for rental from a car rental facility which is located in the countries set forth herein and which is operated by Enterprise under the "Enterprise Rent-A-Car" brand name for business use or personal use. For business use rentals, occasional personal use during the business rental period is allowed. During such occasional personal use, spouses of Employees will be considered Business Rental Preferred Rate Plan (U.S. Local -Single Group} -5/1/13 - 1 AND CONDITIONS additional authorized drivers. Employees of Customer must (a) use the account number assigned by Enterprise to Customer (L060450) for rentals for business use and TXSOT06(no insurance when personal) for rentals for personal use) when making the reservation for the rental and (b) certify at the time of reservation whether the rental is for business use or personal use. This Agreement shall not apply to or cover vehicle rentals by Enterprise to an Employee from a car rental facility which is located in any other jurisdiction or is operated by Enterprise under the "Alamo Rent A Car" or "National Car Rental" brand name or any truck rental facility operated by Enterprise. DocuSign Envelope ID: A7E60008-D628-4A01-B49F-8599FE005C59 3. Rental Contracts. For each vehicle rented, the Employee must execute Enterprise's Rental Contract in the jurisdiction in which the vehicle rental occurs. Each Employee and Employee's spouse (and any person identified on page 1 of the Rental Contract as an "Additional Authorized Driver") must possess a valid driver's license issued by the state in which such person resides, and must be age 21 or older (unless otherwise agreed to in writing and 18 or older if required by law; and 25 or older for 12 and 15 passenger vans), and meet Enterprise's other normal renter qualifications. In the event of a direct conflict between the terms of this Agreement and the terms of any Rental Contract, the terms of this Agreement will govern. However, the specific terms of each Rental Contract will govern to the extent not directly in conflict with the terms of this Agreement. Customer agrees to pay Enterprise upon demand for all rental and other charges incurred and all indemnity and other payments owed by an Employee under a Rental Contract relating to a rental for business use not timely paid by the Employee. 4. Rental Rates. For the first twelve (12) months following the date of this Agreement, Enterprise agrees to charge the Base Rental Charges set forth in this Agreement. In each successive 12 -month period, Enterpnse may modify the Base Rental Charges listed herein upon thirty (30) days' prior notice to Customer. In addition to such rate increases provided for herein, if the aggregate amount of costs incurred by EAN or the Affiliates on a collective basis for or with respect to their fleet of rental vehicles for a given model year increases by more than 10% of the aggregate amount of costs for such vehicles during the prior model year, EAN shall increase the Rates by providing Customer with thirty (30) days notice of such increase in Rates. Base Rental Charges may not apply in certain cities during special events, major holidays, and peak seasonal demand periods In determining the length of rental, a day is deemed to be any 24 -hour period or portion thereof ("Day"). All Base Rental Charges and surcharges are supplied in local currency. ENTERPRISE By _ Name: Title: Date: Business Rental Preferred Rate Plan (U.S. Local -Single Group) -5/1/13 - 2 - 5. Preferred Provider Status. Customer agrees to promote Enterprise as a preferred provider of rental cars, and to recommend Enterprise as an option to Employees renting vehicles for business use. Customer agrees to include Enterprise as an option on their self -booking tool. In addition, Customer agrees to promote Enterprise on their internal website and through other company -wide internal communication networks. Customer grants Enterprise the right to promote its preferred provider status to Customer's Employees. 6. Miscellaneous. Except as otherwise required by law, Customer agrees to maintain the confidentiality of the pricing offered to Customer and all other terms under this Agreement, including but not limited to the Account Number(s) assigned to Customer. This Agreement and any Rental Contract entered into between Enterprise and an Employee sets forth the entire understanding between the parties and may only be amended in a written document signed by each party. This Agreement shall be governed by the substantive laws of the state listed as part of Customer's address on Page 1. Rental Contracts shall be governed by the substantive laws of the state in which they are executed. 7. Offsets. The parties agree that Enterprise/Provider may, from time to time and upon notice to Customer, offset any amounts that are owed to Enterprise/Provider from the Customer against amounts owed to the Customer, in the ordinary course of business. Enterprise/Provider shall have the ability to discontinue this right to offset (in whole or in part), upon advance written notice to the Customer. 8. Assignment. Customer hereby consents to an assignment by Enterprise/Provider to any of Enterprise's/Provider's affiliated companies or a corporate successor upon conversion, merger or consolidation. C iplikER by: uj t:arSbU, By aD8283660CC ^c .. Clay Pearson Name: Title: City Manager Date: 9/28/2022 I 12:42 PM CDT