HomeMy WebLinkAboutR2024-258 2024-12-16RESOLUTION NO. R2024-258
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement with Harris
County, Texas, for the purchase of vehicle leasing services from EAN
Holdings, LLC, in the estimated amount of $72,000.00 for the period of
December 17, 2024 through December 16, 2025.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
Harris County, Texas, a copy of which is attached hereto as Exhibit “A” and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Interlocal Agreement with Harris County, Texas.
PASSED, APPROVED and ADOPTED this the 16th day of December, A.D., 2024.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6
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1001 Preston St., Suite 934
' Harris County, Texas Houston,Texas 77002
Commissioners Court
Request for Court Action
File#: 24-0536 Agenda Date: 1/30/2024 Agenda #: 256.
Department: Purchasing
Department Head/Elected Official: DeWight Dopslauf
YES N0 ABSTl,IN
Regular or Supplemental RCA: Regular RCA Judge Lina Hidalgo It ❑ ❑
Type of Request: Interlocal Agreement Comm. Rodney Ellis Er ❑ ❑
Project ID (if applicable): N/A Comm,Adrian Garcia & ❑ ❑
Vendor/Entity Legal Name (if applicable): City of Pearland Comm.Tom S, Ramsey Ir ❑ ❑
Comm, Lesley Briones l( ❑ ❑
MWDBE Contracted Goal (if applicable): N/A
MWDBE Current Participation (if applicable): N/A
Justification for 0% MWDBE Participation Goal: N/A- Goal not applicable to request
Request Summary(Agenda Caption):
Request that the County Judge execute an interlocal agreement with the City of Pearland, Texas for utilization
of current contracts, at no cost to the county.
Background and Discussion:
Interlocal agreement with City of Pearland.
Expected Impact:
This approved agreement will allow City of Pearland to utilize Harris County contracts.
Alternative Options:
N/A
Alignment with Goal(s):
_Justice and Safety
_ Economic Opportunity
_ Housing
Public Health
_Transportation Presented to Commissioners Court
_ Flooding
_ Environment January 30, 2024
X Governance and Customer Service
Approve: G/B
Prior Court Action (if any):
Harris County,Texas Page 1 of 2 Printed on 1/25/2024
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File#: 24-0536 Agenda Date: 1/30/2024 Agenda #: 256.
Date Agenda Item # Action Taken
Location:
Address (if applicable): N/A
Precinct(s): Countywide
Fiscal and Personnel Summary
Service Name
FY 24 FY 25 Next 3 FYs
Incremental Expenditures (do NOT write values in thousands or millions)
Labor Expenditures $ $ $
Non-Labor Expenditures $ $ $
Total Incremental Expenditures $ $ $
Funding Sources (do write values in thousands or millions)
Existing Budget
Choose an iterr $ $ $
Choor - an itF- $ $ $
Total Current Budget $ $ $
Additional Budget Requested
.00se an iterr $ $ $
Choose an item. $ $ $
rti--, an itfr $ $ $
Total Additional Budget Requested $ $ $
Total Funding Sources $ $ $
Personnel (Fill out section only if requesting new PCNs)
Current Position Count for Service - - -
Additional Positions Requested - - -
Total Personnel - - -
Anticipated Court Date:January 30, 2024
Anticipated Implementation Date (if different from Court date): N/A
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Brittani Bell, Sr. Buyer, Purchasing
Attachments (if applicable): Letter, Order
Harris County,Texas Page 2 of 2 Printed on 1/25/2024
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x �
M R
I.
DeWight Doprslaur,C.P.M.,CPPO
Harris County Purchasing Agent
January 18, 2024
Commissioners Court
Harris County,Texas
RE: Interlocal Agreement(s)
Members ofCommissioners Court:
Please approve the attached Order(s) authorizing the County Judge to execute the attached
Agreement(s) for the following:
Description: Utilization of Current Contracts
Agency: City of Pearland, Texas
Amount: $0
Reviewed By: •Harris County Purchasing M CountyAttorney's Office
Sincerely,
Lldlt�L'�P�
DeWightDopslauf
Purchasing Agent
BCB
Attachment(s)
cc:Agency
FOR INCLUSION ON COMMISSIONERS COURT AGENDA JANUARY 30,2024
1 111 Farniin.. 121"Floor. Houston,TX 77002 Tet 713-274-4400 Fax 713-755-6695 co
DocuSign Envelope ID:A91A4B08-B8FF-4D9B-9576-2COB20CFC5C7
INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND
CITY OF PEARLAND, TEXAS
THE STATE OF TEXAS §
COUNTY OF HARRIS
This Interlocal Agreement(the"Agreement") is made and entered by and between Harris County,
Texas ("Harris County"), a body corporate and politic under the laws of the State ol`Texas, acting
by and through its Commissioners Court and the City of Pcarland,Texas(the"City"),and pursuant
to the Intcrlocal Cooperation Act, Tex. Gov't Code Ann. §§ 791.001 — 791.030. Harris County
and the City are referred to herein collectively as "Parties"and individually as a"Party."
Recitals
The City desires Harris County's assistance in purchasing certain materials, goods or services and
Harris County desires the City's assistance in purchasing certain materials, goods or services.
Harris County and the City currently purchase certain materials, goods,and services from various
businesses ("Vendors") under executed Harris County and City of Pearland, 'Texas contracts.
Harris County agrees to allow the City to utilize its current contracts and the City agrees to allow
Harris County to utilize its current contracts in order to increase the efficiency and effectiveness
of government.
Terms
1.
Each Party agrees to supply the other Party with information concerning contracts each Party
currently utilizes or will utilize in the future with various Vendors. This Agreement shall apply
only to those materials, goods, or services for which the Party currently has, or will have in the
future, under an executed contract with a Vendor. Nothing hcrcin shall obligate a Party to
purchase any materials, goods, or services from any particular Vendor. A Party shall not, under
any circumstances, be obligated to procure any materials, goods,or services 1br the other Party nor
to include the ether Party in any procurement effort. Each Party reserves the right, in its sale
discretion, to terminate any or all of its contracts with any Vendor(s) without the prior written
notice or approval of the other Party. Neither Warty owes the other Party any obligation whatsoever
for the use of its contracts. Neither Party awes compensation to the other Party 1br the use of its
current executed contracts. Neither Party shall enter into any contract allowing any third party
including, but not limited to other municipalities, agencies, departments, counties, cooperative
purchasing organizations or other governmental entities, the use of the other Party's contracts
Page I o1-6
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through the utilization of this Agreement.
ll.
Each Party requesting Vendor to supply materials, goods, or services (the "Requesting Party "}
under an executed contract from the other Party ("Contracting Party") will enter into it contract
with the Vendor. Each Vendor, in its own discretion, must agree to allow the Requesting Party to
purchase materials, goods, or services under the contract between the Vendor and the Contracting
Party. The following language shall be included in each contract the Requesting Party enters into
with a Vendor.
The materials, goods, or services subject to this contract are being procured using an
executed contract between Vendor and Harris County subject to the following,
Vendor has the right to refuse the City's request to use the Harris County executed
contract;
If Vendor agrees to contract with City using its executed contract with Harris County,
then all materials, goods, or services purchased under the Agreement between City and
Vendor shall be in accordance with the current terms and conditions of the Harris County
executed contract;
City shall have no authority whatsoever to change any terms, conditions, or pricing in any
Harris County contract;
In the event that the contract was procured using a Request For Proposals or any other
procurement process that allows For negotiation, the City may negotiate pricing and terms
that would apply to City only;
Vendor shall bill City directly for any and all materials, goods, or services purchased by
City under the Harris County executed contract;
Vendor shall look only to City for any and all compensation owedfor purchases made by
City utilizing the executed Harris County contract; and
Vendor shall settle any and all disputes with City concerning any purchases made by
City. Harris County shall not be a party to any dispute between Vendor and City, nor be
responsiblcin any way for the acts or omissions of City
III.
Each Party understands that all the materials, goods, or services procured using the other Party's
executed contracts shall be procured by the Party in accordance with all applicable federal, state,
Page 2 of 6
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and local laws,rules,regulations,or ordinances, including but not liznited to the County Purchasing
Act Tex. Loc. Gov't Code §§ 262.021, et. .seq as amended and the Purchasing and Contracting
Authority of Municipalities Tex. Loc. Gov't Code Ann. §§ 252.001, et. seq., as amended.
lV.
Each Party shall be responsible to a Vendor only for the materials, goods. or services ordered and
received by the Party and shall not, by the execution of this Agreement, assurne any liability or
waive any rights under the applicable contract or as provided by law. Any and all disputes arising
between Vendor and the Requesting Party shall be handled between the Requesting Party and
Vendor. Vendors shall bill the Requesting Party directly for all materials, goods, or services
ordered by it. The Requesting Party understands and agrees it shall ).Hake all payments to Vendors
in accordance with all applicable laws including, but not limited to Tex. Gov't Code Ann. §§
101.021, et. seq., as amended.
V,
EACH PARTY SHALL BE RESPONSIBLE FOR ALL CLAIMS AND LIABILITY DUE
TO THE ACTIVITIES OF THE PARTY'S EMPLOYEES, OFFICIALS, AGENTS OR
SUBCONTRACTORS ARISING OUT OF OR UNDER THIS AGREEMENT AND
WHICH RESULT FROM ANY ACT, ERROR, OR OMISSION; INTENTIONAL TORT;
INTELLECTUAL PROPERTY INFRINGEMENT; OR FAILURE TO PAY A VENDOR;
COMMITTED BY THE PARTY OR ITS EMPLOYEES, OFFICIALS, AGENTS,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH 11'
EXERCISES CONTROL.
Vl.
This Agreement is sub_)cct to the federal, state, and local laws, orders, rules, ordinances, and
regulations relating to the Agreement and funded by state or federal funds, or of applicable
conditions of participation in Medicaid or Medicare program(s). Each Party shall comply with all
applicable federal, state, and local laws, ordinances, rules, and regulations concerning the
performance of this Agreement.
This Agreement is governed by the laws of the Stale of Texas.
The forum for any action tinder or related to the Agreement is exclusively in a state or federal court
of competent jurisdiction in Texas.
The exclusive venue for any action tinder or related to the Agreement is in a state or federal court
of competent jurisdiction in Houston, Harris County, Texas.
Page 3 of-G
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VIT.
This instrument contains [lie entire Agreement between the Parties relating to the rights herein
granted and obligations herein assumed.
Any oral or written representations or modifications concerning this instrument shall not be
effective excepting a subsequent written modification signed by both Parties.
However,any alterations,additions,or deletions to the terms of this Agreement which arc required
by changes in federal or state law or regulations are automatically incorporated into this Agreement
without written amendment and shall become eff-ective on the date designated by such law or
regulation.
Vill.
The term of this Agreement shall commence upon approval of all Parties, shall run for the next
consecutive twelve(12)months,and shall automatically renew each year unless earlier terminated.
Each Party shall have the right to immediately terminate this Agreement upon a material breach
by the other Party, which shall include but not be limited to noncompliance with Article 11.
Either Party may cancel this Agreement at any time upon thirty (30) days written notice to the
other Party to this Agreement. The obligations of the Requesting Party to pay Vendor for all
materials,goods,or services if any,purchased pursuant to this Agreement prior to such notice shall
survive such cancellations, as well as any other obligation incurred under the Contracting Party's
contracts, until performed or discharged by the Requesting Party.
lX.
Any notice required to be given under the provisions of this Agreement shall be in writing and
shall be duly served when it shall have been personally delivered to the address below, or
deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or
certified, return receipt requested, in a United States Post Office, addressed to Harris County or
the City of Pearland at the following addresses. If mailed, any notice or communication shall be
deemed to be received three (3) days after the date of deposit in the United States Mail. Unless
otherwise provided in this Agreement, all notices shall be delivered to the following addresses:
To City: City of Pearland
3523 Liberty Drive
Pearland, TX 77581
Attn: Vanessa Elam
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DocuSign Envelope ID: A91A4B08-B8FF-4D9B-9576-2C0B20CFC5C7
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DocuSigned by:
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LIN'.A I TIDALGO
C.ot.N.I ' JUDGE
.\P]']{(i\ ] I]) AS TO FORM:
(l [RISTI.\N I). \T[:NEFEE
COUNTY
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`1il11Assisiant County Attorney
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DocuSign Envelope ID:A91A4BO8-B8FF-4D9B-9576-2COB20CFC5C7
ORDER OF COMMISSIONERS COURT
Authorizing Execution of an Intedocal Agreement
The Commissioners Court of Harris County, Texas, met in regular session at its regular
tcrrn at the Harris County Administration Building in the City of Houston, Texas, on
January 30, 2024 , with all men-i6ers present except none
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN HARRIS COUNTY AND CITY OF PEARI,AND,TEXAS
Commissioner Garcia introduced an order and made a motion
that the same be adopted. Commissioner Sriones seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
Yes No Abstain
Judge Lina Hidalgo V ❑ ❑
Comm. Rodney Ellis V ❑ ❑
Comm. Adrian Garcia 1y ❑ ❑
Comm. Tong S. Ramsey. P.E. V ❑ ❑
Comm. Lesley Briolics V ❑ ❑
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and lawfully adopted. The order thus adopted follows:
IT IS ORDERED that the Harris County Judge is authorized to execute, for and on behalf of
Harris; County, the lnterlocal Agreement between the City of Pearland, Texas and Harris County,
pursuant to Tex. Gov't Code Ann. 791.001 791.030; to allow Harris County to utilize the
current contracts of the City of Pearland, Texas and to allow the City of Pearland, Texas to utilize
the current contracts of Harris County in order to increase the efficiency and effectiveness of
government. The lnterlocal Agreement is incorporated by reference for all purposes as though
fully set out in this Order word for word.
All Harris County officials and employees are authorized to do any and all things necessary or
convenient to accomplish the purpose of this Order.
Presented to Commissioners Court
January 30, 2024
Approve: G/B
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Docusign Envelope ID: 71A573F6-B3BC-45D9-8170-2D780D9844BD
Business Rental Preferred Rate Agreement
Company: City of Pearland Police Department
Contact: Chief J.L. Spires
Address: 2555 alien Blvd.
Pearland, Texas 77581
VEHICLE CLASS
"Customer"
Company: EAN Holdings, LLC
Contact: Business Rental Department
Address: 21503 Spring Plaza Drive
Spring, TX 77388
BASE RENTAL CHARGES*
MONTHLY RATE
Small TRUCK
Intermediate/SUV
Full Size Sedan
Premium Sedan
1/2 Ton Trucks
Mini Vans
Medium SUV
Large SUV
$909.53/month
$850.75/month
$850.75/month
$900.25/month
$1019.87/month
$991.00/month
$1030.18/month
$1546.82/month
*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. Rates based on Harris County Contract Job No.22/0272 awarded 10/2022. The rates are subject to
change annually at renewal as there is an escalator in the contract. This agreement allows the ability to switch out vehicles on an as needed
basis with regular maintenance (oil change/tire rotation, tires at normal rated intervals)included in the price.
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 12:59 p.m. Sunday.
Base Rental Charges do not include applicable taxes, fees, surcharges, refueling, drop-off, delivery, youthful driver, additional driver, or
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.
"Enterprise"
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 AND CONDITIONS
1. Term. The term of this Business Rental Preferred Rate
Agreement ("Agreement") begins December 01 , 2024, and
shall remain in full force and mirror Harris County contract
dates and renewals. 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 -
additional authorized drivers. Employees of Customer
must (a) use the account number assigned by
Enterprise to Customer
(L060450,Pearland Police Department(Nasa Texas,lnc)for
business use.
All request for vehicles must go through branch 06HC at
17302 Pine Cut, Houston, TX 77032 and be for
business use only. 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: 71A573F6-B3BC-45D9-8170-2D780D9844BD
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, Enterprise 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
ENTERP.
By
Name:
Title:
Date:
VP/6-Al
! l7/ a 5 --
Business Rental Preferred Rate Plan (U.S. Local -Single Group) -511/13 - 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.
CUS Deemed by.
B�
y r838D12 C74 423
Name: Trent Epperson
Title: City Manager
Date: 1/8/2025 110:12 AM CST