HomeMy WebLinkAboutRES 23-078RESOLUTION NO. 23-078
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on December 12, 2022, the City approved Resolution 22-331 which
allowed for an Interlocal Agreement with Harris County to utilize each entity's contracts
for the purchase of services or goods; and,
WHEREAS, for the Police Department has a need to utilize rental vehicles in
addition to its City fleet to supplement its operations; and,
WHEREAS, an annual contract has been awarded to EAN Services, LLC of
Spring, Texas by Harris County for the estimated amount of $155,750.00, substantially
in the form attached hereto as Exhibit "A,"
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the City Manager hereby and is authorized to approve a contract for the
rental of vehicles to be utilized by the Police Department.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
March, 2023.
-- Mayor Robin Mouton -
Business Rental Preferred Rate Agreement
Company, City of 13eaulDonl Policy Qenarlm-Q0 "Customer" Company, FAN Services, l_1.0-
"Rnterprlse"
conlaat: Ohlef Jaynes P, Singlotary Contact: Pkisiness Rental Darrnrtnnen
Address: 25 i Collerre 8t Address: 15p3 Snrinu 1?lazg i-yrle
t3eaumornl, Texas 77741. Spring, TX 77386
jAE RENTAL, CHARGES"
WHICI_l" CLASS MONTHLY RATE
Small TRUCK $882,00/month
Inlermediate181.1V $026.0011nontit
Full $€7.e 025.00h non[h
Premium $t173.0uhnonth
112 Ton Truoks $9130.0011nonth
Mini Vans $961,001month
Medium SUV $090.001monlh
Large SUV
$1392.001month
"13aso Rental Charges apply to Enterprise location In the following geographlo area(s): Rental Branch 06HC Houston, Toxas only. logated as
17302 PIno Gut, Houston, TX 77032, Rates base on Harris County Contract Job No,2210272 awarded 1012022. Ttno rates are subject
toohange annually at renewal as there Is an escalator In the contract, This agrealnant allows the ability to switch out vohtoies on an as
lnoedodbasls
For U,S, rentals (Including Puerto Rlco) outside of the geographlo 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 dolly, weekly, and monthly rates oharged by
the renting location, Driver Protootlon Products selaolod below, if applicable, shall not apply to these rentals.
RENTAL, LOCATION SURCHARGES: In addition to the applicable Erase Rental Charges set forth above, rental location surcharges are
assessed as follows: Nl .
E~xo[uslons: Erase Rental Charges are not avallable for rentals cornmencing In Manhattan all day Friday through 12:60 p,m, Sunday,
Base Rental Charges do not Include applicable taxes, fees, surcharges, re(ueling, drop-off, dellvery, youthful driver, additional driver, or
pickup oltarges or, except as set forth In this Agreement, any optional products or services such as damage walvar CDW"), liability
protection, personal acoldont Insuranoe and personal effools coverage ("Driver Protoollon Products) and Roadside Assistance
ProgramlRoodsido Plus, Additional fees may be assessed for rentals from r8O locations.
MILEAGE CHARGES: Base Rental Charges for rentals In Ilia Houston, Texae, area Include unlimited tree miles for all other
vehloles. Base Rental Charges for rentals outside of the above listed partholpating U.S, locations may not Include mlloago, In which
case, m[leage charges charged by the renting location's branoh will apply,
VEHICLE AVAIILABILITY: Hybrid vehicles are subject to ilia avallabillty at the renting branch and are not available at all loontion% Other
restrictions may apply, 12 and 15 passenger vans are subjoot to availability at the renting branch and are not cnvallablo In all stales. Unless
included In Ilia Base Rental Charges listed above, rates for those vehicles will be determined by the applicable orlglnating Enterprise
locatton In Its dlsorotlon.
CAR CLASSES: This Agreement shall apply to all vehicles In (lie United Slates and Puerto Rloo rented pursuant to this
Agreement, regardless of whether the car class is listed herein, except DW and third party liability, if Included In the Bate, shall
not apply for rentals of exotlos, high line vehloles and truoks,
ADDITIONAL TERMS AND CONDITIONS
1, 'form. The term of this lusiness 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 Wit bo dotormInod at six months If
the pricing can be extended for another six months or a new
agreement is required. Cllhor party has the right to opt out
of this agreement wllh thirty days written notice.
2. Bental Pro rarr . E=nterprlse agrees to make Its vehlolas
available to Employees for rental from a car rental facility
whiolr Es located In the counirles set forth heroin and which is
operated by Enterprise under the "Frilerpriso Rent-A-Car"
brand nsme for business use or persona€ use. For
business use rentals, Occasional personal use during the
bltslnoss rental period Is allowed, During suoh occasional
personat use, spouses of Employees will be considered
Dualons Ronial Proforrod Rate Plan (US, I_oonl-Single C3roup)•611113
additional aullnorized dr[vors. Employees of Customer
must (a) use Ilse account number assigned by
Enterprise to Customer (06GH005,Sndtess
Opuortun[lEos, INC.) for rentals for business use
and TX190TOU1.10 Insurance When pqrson.W for
rentals for personal use) when making Ilia
reservation for the rental and (b) certify at the
time of reservation whether the rental Is for
business use or personal use, This Agreement shell
not apply to or cover vohtole, rentals by Enterprise to on
Employoo from a oar rental facility whloh Is located In
any other jurladlotlon or Is operated by
Enterprise under the "Alamo Bent A Car° or
"National Car Dental" brand name or any
truck rental facility operated by Enterprise.
EXHIBIT "A"
Zontal Colllrsata, For each vehicle rented, ilia Employeo
must execute Enterprise's Rental Contract In ilia jurisdlollon
In whloh lice vehlolo rental occurs, Each Employee and
Lrnployoa'e spouse tend any parson idenlltied on page 1
of Ilia Rental Contract as an "Additional Authorized
DdVne') must possess a valid driver's license Issued by the
state In which such person rosidos, and must be age 21 or
older (unleos otherwise agreed to [I) wilting and 18 or
older If required by taw; and 26 or older for 12 and 15
passcngor vans), and meet Enterprise's other normal
renter quallticatlons. In the event of a dlreol conflict
between rho tears of this Agreement and ilia terms of any
Rental Contraot, Ilia teens of this Agreement will govern.
However, the speolflo terms of each Rental Contraot will
govern to the extent not dlrooliy In conflict with ilia terms
of this Agreement. Customer agrees to pay Enterprise
upon demand for all rontat and other charges Inaurfed and
all Indemnity and other payrnonts owed by an Employee
under a Rental Contract rolalhlg to n rental for business
use not direly paid by the Employee,
Rental Bales. For the first twelve (12) months following ilia
date of (tile Agreement, Enterprise agrees to charge Elie
Base Reniol charges sat forth In this Agreement. In each
successive 12•11)onth parlod, Enterprise may modify tho
Base Rental Charges lis(ed herein upon thirty (30) days'
prior notice to Customer, In addition to such rate
increases provided for herein, If the aggregate amount of
costs liwurred by EAN or the Affiliates on a collectivo
basis for or with respeot to their fleet or rental vehlcies for
a given model year increases by more than 10% of the
aggregate amount of costs for such vohlcles during (Ile
prior model year, EAN shall Incroaso the Rates by
provlding Customer with thirty (30) days notice of such
Increase In Rates, Base Rental Charges may not apply in
certain cities during special ovonts, major holldays, and
peak seasonal damand periods In determining the length
of rental, a clay Is doemod to be any 24-hour period or
porflon thereof ('day"), All Base Rental Charges and
surcharges are supplied In loon[ currency,
ENTERPRISE
Preferred Provider Status. Customer agrees to promote
Enterprise as a preferred provider of rental ears, and to
r000mmend Enterprise as an option to Employees renting
vohloles for business use. Customer agrees to Include
Enterprise as an op(lon on their self -booking tool, In
addition, Customer agrees to promote Cnterprlse on their
Internal webslte and through other company -wide Internal
communication networks. Crrstomer grants Enterprise the
right to promote Its proforrod provider stiilus to Customer's
Employees,
Iscellaileous, Excapl as otherwise required by law,
Customer agrees to maintain the confidentiality of
the pricing offered to Custorner and all other terms udder
this Agreornont, including but not limited to the Account
Nlrmbor(s) assigned to Customer. This Agreement and
any Rontat Contract entered Into between Enterprise and
an Crnployee sets forth the entire understanding between
the partlos and may only be amended In a written
document signed by each party, 'nits Agreement shall be
govornod by the substantive laws of tile stale ttstod as part
of Customer's address on Page 1, mental Controols shall
be governed by the substantivo laws of tho state In which
they are executed,
7. Q f els. The parties agree that E'ntorprise/Provider may,
from Ilme to llme and upon notice to Customer, offset any
amounts that ore owod to EntorpilsolProvider from the
Customer against amounts owed to the Customer, In the
ordinary course of business, EnterpriselProvlder shall
have ilia ability to discontinue tills right to offset (in wholo
or In part), upon advance written notice to the Customer,
8, AqgffljWWj, Customer hereby consents to an assignment
by EntorprisolProvider to any of Etilerprlse's/ProAdoes
affiilated companloa or a corporate successor upon
convorslon, merger or consolidation.
CUSTOMER
6y By
Name;
Title;
Data;
8ualnoss Rental Praferred hate Plan (0.0, Local -Single Oroup)•311l13 - 2 -
Business Rental referred Rate Agreement
Company: City of Beaumont Police Department "Customer" Company: EAN Services, LLC "Enterprise"
Contact: Chief James P. Singletary Contact: Business Rental Department
Address: 255 Cofle-ge St Address: 21503 SLnng Plaza Drive
Beaumont, Texas 77701 Spdrig, TX 77388
BASE RENTAL CHARGES*
VEHICLE CLASS MONTHLY RATE
Small TRUCK $882.00/month
Intermediate/SUV $825,00/month
Full Size $825.00/month
Premium $873.00/month
1/2 Ton Trucks $989.00/month
Mini Vans $961.00/month
Medium SUV $999.00/month
Large SUV $1392.00/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 base on Harris County Contract Job No.22/0272 awarded 10/2022. The rates are subject
tochange 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
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 ("DWI, 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 AND CONDITIONS
I Term. The term of this Business Rental Preferred Rate
Agreement ('Agreement") begins March 01 1 2023, and shall
remain in full force and mirror Harris County contract and
renewals. Either party has the night to opt out of this
agreement with thirty days written notice.
2. Rental Pro -gram. 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 (06GH005, Endless
Opportunities, INC.) for rentals for business use
and TXSOT06(no insurance when perso 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.
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.
ELATE
By
Name:�!�/v il7 / L [.J �
Title: V, to
Date.-
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 Customers 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 night to offset (in whole
or in part), upon advance written notice to the Customer.
8, Ass meet. Customer hereby consents to an assignment
by Enterprise/Provider to any of Enterpnise!s/Provider's
affiliated companies or a corporate successor upon
conversion, merger or consolidation.
-A r 73 V a- Us- r--- 3 a "MI M !,
Title: City --.Manaap—r
Date: t2
Business Rental Preferred Rate Plan (U.S. Local -Single Group)-51I13 - 2 -
RESOLUTION NO. 23-078
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on December 12, 2022, the City approved Resolution 22-331 which
allowed for an Interlocal Agreement with Harris County to utilize each entity's contracts
for the purchase of services or goods; and,
WHEREAS, for the Police Department has a need to utilize rental vehicles in
addition to its City fleet to supplement its operations; and,
WHEREAS, an annual contract has been awarded to EAN Services, LLC of
Spring, Texas by Harris County for the estimated amount of $155,750.U0, substantially
in the form attached hereto as Exhibit "A,"
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the City Manager hereby and is authorized to approve a contract for the
rental of vehicles to be utilized by the Police Department.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
1
(,- q-tlt
Robin
- Mayor Mouton