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Home My WebLink About27732Contract No.: Contract Title: Contract Period: Using Agencies: P-15-042-C DATE: February 12, 2015 Vendor Number: Enterprise Rent-A-Car Name/Address: 02/02/15 -02/01/16 Representative: Fleet Phone No.: E:mail: Terms: Net 45 ~~~--------------- Total Contract Amt.: $60,000.00 ~~~~~------- Buyer Name: 8911500518 0000098658-2 Enterprise Rent-A-Car 199 N. Sunrise Ave. Roseville, CA 95661 Lisa Holmes 916.240.1169 Lisa.M.Holmes@ehi.com Requisition No: Org: 8910 ---------------------------------- Supersedes: P-12-581-C ----------------------------- ~ NEW I RENEWAL I ADJUSTMENT ~ TICKDATE 11/01/15 I REFERENCE(RFQ#/RFP#) DESCRIPTION: Terminated Contract# P-12-581-C and replaced it with this contract. Contracts to be rewritten each year in Compliance with State of California contract rates and fees SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: _F_Iee"-t ___ _ REQUISITIONER: Dennis Kerns Rev 112/15 Lisa Holmes Enterprise Rent-A-Car 199 N. Sunrise Avenue Roseville, CA 95661 / 2015 FEB 12 ~ ~;' II· INTERNAL SERVICES DEPARTMENT i-111 • 03 ROBERT BASH, DIRECTOR -CIO Facility Services Fleet Services Graphics Information Technology Purchasing Security Telecommunications PROCUREMENT AGREEMENT Agreement Number P-15-042-C February 2, 2015 The County of Fresno (County) hereby contracts with Enterprise Rent-A-Car (Contractor) to provide Vehicle Rental Services in accordance with the State of California Agreement #5-11-99- 01 (Exhibit No. One) and Exhibits "A", "E" and "F". Each document is attached, and by this reference incorporated herein. TERM: This Agreement shall become effective February 2, 2015 and shall remain in effect through February 1, 2016. RENEWAL: There will be no renewal at the end of the term. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Exhibit "One" attached, at the rates set forth in Exhibits "E" and "F". ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DEFAULT: In case of default by Contractor, the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of sixty thousand dollars ($60,000.00). 4525 E. Hamilton Avenue 1 Fcesno, Califocnia 93702-4599/ (559) 600-7110 1 Fax (559) 600-7126 PROCUREMENT AGREEMENT NUMBER: P-15-042-C Enterprise Rent-A-Car February 2, 2015 Page 2 TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-042-C AGREEMENT .DOC PROCUREMENT AGREEMENT NUMBER: P-15-042-C Enterprise Rent-A-Car February 2, 2015 Page 3 Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Attn: Allen Moore, 4551 E. Hamilton Avenue, Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-042-C AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-15-042-C Enterprise Rent-A-Car February 2, 2015 Page 4 Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding State of California Standard Agreement #5-11-99-01 [Exhibit One] and Exhibits "A", "E" and "F"); (2) Exhibits "A", "E" and "F"; and (3) State of California Standard Agreement #5-11-99-01 [Exhibit One]. GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. Please refer any inquiries in this matter to Shannon W. Kirby, Buyer Ill, at (559) 600-7110 or fax at (559) 600-7126. FOR THE COUNTY OF FRESNO Gary E. ornue e Purchasi g Supervisor 4525 East Hamilton Avenue Fresno, CA 93702-4599 Ql,-J...-"'5 Date: GEC:SWK:hrs _,... G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-042-C AGREEMENT .DOC PROCUREMENT AGREEMENT NUMBER: P-15-042-C Enterprise Rent-A-Car February 2, 2015 CONTRACTOR TO COMPLETE: Company: Type of Entity: ~ldifUt2 Page 5 D Individual 0 Sole Proprietorship ~orporation D Limited Liability Company 0 Limited Liability Partnership D General Partnership Signed by: l)5o.....- Print Name and Title Address Address City ~(...~ <? :l-1. '-t\o'l Lj TELEPHONE NUMBER FAX NUMBER ACCOUNTING USE ONLY ORG No.: 8910 Account No.: 7355 Requisition No.: 8911500518 (06/12) G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-042-C AGREEMENT .DOC Date State Zip L, I ' s c:.. • t'Y"\ • f:\, 6 l N"'\ e s t2. e-.h..' · (1 E-MAIL ADDRESS G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-042-C AGREEMENT .DOC P-15-042-C STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6103: Q9 CHECK HERE IF ADDITIONAL PAGES ARE An ACHED . EXHIBIT ONE 5 Pages AGREEMENT NUMBER 5-1 -99-01 REGISTRATION NUMBER: 1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY'S NAME . . Department of General Services CONTRACTOR'S NAME The Entities of Enterprise Holdings, Inc. listed on attached Schedule 1 2. The term of this January 1, 2011 through December 31, 2015 Agreement is: Or upon DGS signature of approval 3. The maximum amount of this $0.00 Agreement after this amendment is: AMENDMENT NUMBER 4 4. · The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: The parties hereto mutually agree to amend Contract No. 05-11-99-01 and its amendments. as follows: 1. Section 2. of the STD. 213 describing the contract term is amended to now read as follows: The term of this Agreement is: January 1, 2011 through December 31, 2015 Or upon DGS signature of approval 2. Scope of Work-Exhibit A is replaced in its entirety and is attached hereto and incorporated by reference. Revisions shown in underline reflect changes to the contract term. 3. Exhibit E, Short Term CCR Cost Table attached hereto and incorporated by reference is amended to reflect changes to Rates effective January 1, 2015 . . 4. Exhibit F, Long Term CCR Cost Tabie attached hereto and incorporated by reference is amended to reflect changes to Rates effective January 1, 2015. All other terms and conditions of the original agreement and its amendments shall remain in full force and effect. IN WITNESS WHEREOF, this Agreement has been executed by tlie parties hereto. CONTRACTOR CALIFORNIA Department of General Services Use Only CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.) The Enpt.les of Enterprise Holdings, Inc. listed on attached Schedule 1 BY rAutho$pngnatureJ . I DATE SIGNED (Do not ty~) -==-=· APPROVED .eS ~ .. P-/lt> /14 ~r· PRINTED NAM AND Trr~E--Clf PERSON SIGNING f$. ,Jf\-( G-o t:.-tJ Vl-Jt~ J T. Jr::... ( ( ~g \lEf' ~? /! ~~ Ul /1 ::1 --,} ADDRESS ~ {o00 r.ofPora:U. 'Po.rt. bv., c;"t. Lov\' MO (o2;.l05" :r OFFICE OF LEGAL SERVICES STATE OF CALIFORNIA DEPT. OF GENERAL SERVICES AGENCY NAME /". Department of General Services (''~ \ ' ' :(~lA.L J DATE SIGNED (Do not type) ' '/ }1--J .. ~ ~~,, ~' 1r \~ '2-6('-( ~"mpt{, . PRINTED NAME AND TITLE OF PERSON SIGNING Jim Butler,· Deputy Director / ADDRESS ' 707 Third Street, 2na Floor, West Sacramento, CA 95605-2811 \ P-15-042-C SCOPE OF WORK EXHIBIT A Agreement No. 5-11-99-01 A/4 Page 1 of 3 The DGS PO, on behalf of the OFAM STP is procuring services for rental vehicles used by employees of the State and all optional users who travel on official State business, in a continued effort to provide consistency, accountability and transparency with State travel expenditures. The State and The Entities of Enterprise Holdings, Inc. listed on attached Schedule 1 (hereinafter referred to as the "Contractor"), hereby agree that the Contractor will provide the State with rental car services in accordance with the terms and conditions of this agreement. The Contractor agrees that the terms and conditions set forth herein take precedence over any contrary policies and provisions of any Contractor rental document that the State of California employee signs when renting a vehicle. Representations by, and obligations of, the Contractor, hereunder are also representations by, and obligations of, Contractor's participation franchisees and subcontractors. 1. AGREEMENT A. The Contractor agrees to provide the State employees short term/long term vehicle Commercial Car Rental (CCR) and services for official State business. 1) The Contractor agrees that in renting vehicles, both short-term and long-term rentals, through the State of California CCR contract it shall act in accordance with the following policies: (a) When the Contractor receives a recall notice to owners under Section 30118 of the Federal Motor Vehicle Safety Act pursuant to 49 CFR 577.5 from a manufacturer and the Vehicle Identification Number (VIN) allowing Contractor to identify vehicles subject to the recall, Contractor grounds all such vehicles as soon as practicable. Pursuant to this policy such vehicles will not be made available for rental under the State of California contract until a remedy specified by the manufacturer has been completed. B. Participating Locations, hours of operation and by-pass availability are identified in Attachment 3 incorporated by reference and available for viewing at: http://www.dqs.ca.gov/pd/Programs/Leveraged/masteragreements/CommerciaiCarRentaiCCR.aspx. The minimum hours of operation within the scope of this contract shall be consistent with airport hours at those locations and consistent with business hours at all other locations. C. This Agreement cannot be considered binding on either party until approved by DGS/PD. D. The rates specified in Exhibit E and Exhibit Fare in effect for the current contract term; however, Contractor may request a price increase for contract extensions in accordance with the following procedure: The State may authorize price increases should the State decide to extend the contracts. The price increase shall in no case exceed the Consumer Price Index (CPI) for the previous calendar year. A written request for the cost increases must be submitted to the DGS/PD Administration at least ninety (90) days prior to the effective date. The Contractor shall include in the written request full justification for the price increase. The CPI will be calculated according to the Consumer Annual Average for California which Contractor may find via the State of California, Department of Finance, Economic Research Section, Sacramento, California, telephone number (916) 322-2263. P-15-042-C 2. TERMS EXHIBIT A Agreement No. 5-11-99-01 A/4 Page 2 of 3 A. The term of the agreement will be from January 1, 2011 through December 31, 2015. 3. PERFORMANCE A. Performance shall start not later than five (5) business days, or on the express date set by the DGS and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the DGS, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between its contracted bid price and the actual cost of performing the work by another contractor. B. Contractor will identify the name, business address and portion of work to be completed of each subcontractor who performs work to this contract. C. All performance under the agreement shall be completed on or before the termination date of the agreement. D. The contractor will provide a 100% of the vehicle requests and perform per contractual agreement. In no case should a government employee utilizing this contract be turned away. The State will periodically review reports to determine if the vendor is in compliance. The STP Administrator and Statewide Travel Manager will direct matters of serious concern to the Contractor's appropriate headquarters personnel. E. Full compliance with the terms of this Agreement is required of the Contractor and its participating locations. Any material deviation from standard rental car practices, or from the terms of this Agreement, may constitute good cause for an individual rental location to be placed in an immediate nonuse status until such time as the State of California determines that proper remedial measures have been taken (or implemented if that's preferred). Serious violations on a system-wide basis may justify disqualification of the Contractor from further State of California business. If the Contractor is disqualified, this Agreement will be immediately terminated. F. In the event that the Contractor is determined to be non-compliant by the State, the State will have the option to add or change vendors without a bid process and award based on the bids submitted through the RFP. 4. SERVICE A. The Contractor will provide all necessary automotive and required services under this contract. B. At the completion of each service, the Contractor will provide Receipt of services that will contain all charges listed, identifying the base rate, fuel and/or any excess charges in addition to the charges for the vehicle, The receipt should also contain the renter's name and information provided prior to the rental. Should a credit be issued, the Contractor will provide receipt reflecting correction. C. The State does not guarantee the amount of work or services that may be requested from the Contractor. P-15-042-C 5. ZERO EMISSION VEHICLES EXHIBIT A Agreement No. 5-11-99-01 A/4 Page 3 of 3 A. Where available, the Contractor shalf provide Zero Emission Vehicles (ZEVs) that emit no tailpipe pollutants from the onboard source of power. This Vehicle Class offered for rental in limited numbers may not be available at all California, Domestic and International locations. P-15-042-C SHORT TERM CCR COST TABLE Agreement No. 5-11-99-01 A/4 Page 1 of 1 BASE RATE WITH $250,000 INSURANCE FOR SHORT TERM RENTALS (Effective January 1, 2015) EXHIBIT E VEHICLE CLASS TYPE Compact I Nissan Versa, Toyota Yaris I Mid-Size/Intermediate Toyota Corolla, Nissan Sentra Full-Size Chevy Impala, Nissan Altima Alternative Fuel Vehicle Chevy HHR, Chevy Impala I FWD/Sport Utility Vehicle Ford Escape, Jeep Liberty Mini Van Chrysler Town and Country, Dodge Grand Caravan Pick Up Trucks Chevy Silverado, Ford F150 Zero Emission Vehicle I I Nissan Leaf, Chevy Volt I i DAILY $31.93 I $31.93 $35.12 I I $35.12 $53.22 $53.22 $69.18 l $41.49 I I I WEEKLY $127.72 $127.72 $140.49 $140.49 $239.47 $239.47 $319.29 $248.96 MAXIMUM CAP DAILY $48.95 $48.95 $52.15 $52.15 $79.82 $79.82 $95.79 $62.67 P-15-042-C LONG TERM CCR COST TABLE Agreement No. 5-11-99-01 A/4 Page 1 of 1 BASE RATE WITH $250,000 INSURANCE FOR LONG TERM RENTALS (Effective January 1, 2015) EXHIBIT F VEHICLE CLASS TYPE WEEKLY MONTHLY Compact $18.45 $129.13 $553.44 Nissan Versa, Toyota Yaris Mid-S ize/lntermediate $18.45 I $129.13 $553.44 Toyota Corolla, Nissan Sentra Full-Size $21.07 $147.51 $632.19 Chevy Impala, Nissan Altima Alternative Fuel Vehicle $21.07 $147.51 $632.19 Chevy HHR, Chevy Impala FWD/Sport Utility Vehicle $26.60 $186.25 $798.23 Ford Escape, Jeep Liberty Mini Van I $33.70 $235.91 $1011.08 Chrysler Town and Country, Dodge Grand Caravan Pick Up Trucks I $26.60 $186.25 $798.23 Chevy Silverado, Ford F150 Zero Emission Vehicle $25.93 $194.50 $778.00 Nissan Leaf, Chevy Volt