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EAN Services (Enterpise)/Admin/Car RentalsJAD AGREEMENT BETWEEN THE CITY OF CARMEL AND EAN SERVICES, LLC TO PURCHASE GOODS AND SERVICES IN ACCORDANCE WITH THE STATE OF INDIANA QUANTITY PURCHASE AGREEMENT # 13126 This Agreement to Purchase pursuant to the Terms and Conditions of the State of Indiana Quantity Purchase Agreement # 13126 ("State QPA") (hereinafter referred to as "Agreement"), entered into by and between EAN Services, LLC (hereinafter referred to as "Contractor") and the City of Carmel, by and through its Board of Public Works and Safety, (hereinafter referred to as "City"), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: SECTION I. INTERPRETATION AND INTENT 1.01 The "Agreement", as referred to herein, shall mean this Agreement executed by City and Contractor, and shall include these Terms and Conditions, the Attachments to this Agreement, and the terms and conditions of the above referenced State QPA, and any written supplemental agreement or modification entered into between City and Contractor, in writing, after the date of this Agreement. 1.02 The terms and conditions of the above referenced State QPA, as of the date of execution of this Agreement, are hereby incorporated by reference. The City shall assume the rights and obligations of the State of Indiana ("State") when making purchases of goods or services under the State QPA and terms and conditions of the State QPA shall apply to the City as they apply to the State, except as otherwise specified herein in Reference 1. 1.03 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, written or verbal, between City and Contractor. No statements, promises or agreements whatsoever, in writing or verbal, in conflict with the terms of the Agreement have been made by City or Contractor which in any way modify, vary, alter, enlarge or invalidate any of the provisions and obligations herein stated. This Agreement may be amended and modified only in writing signed by both City and Contractor. Any amendment to the State QPA entered into by and between the State and Contractor after the date of execution of this Agreement shall not be binding upon City unless and until City and Contractor enter into an amendment hereto. 1.04 Any interpretation applied to this Agreement, by the parties hereto, by an arbitrator, court of law, or by any other third party, shall not be made against City solely by virtue of City or City's representatives having drafted all or any portion of this Agreement. 1.05 This Agreement shall Include, and incorporate by reference, any provision, covenant or condition required or provided by law or by regulation of any state or federal regulatory or funding agency. SECTION 11. DUTIES OF CONTRACTOR 2.01 Contractor shall provide the products and/or services as specified in the QPA. 2.02 All terms and conditions of the State QPA agreement shall apply to the purchase of goods and services under this Agreement, unless otherwise specified herein in Reference 1. SECTION III. TERM 3.01 The term of this Agreement shall begin upon execution date of this Agreement by all parties and shall terminate on ,lune, 1, 2020 unless terminated earlier in accordance with this Agreement. 3.02 This Agreement may be renewed by agreement of parties. The term of the renewal may be less but shall not be longer than the term of the original Agreement. A renewal shall be only by written instrument signed by both City and Contractor and attached hereto as an amendment. In no event may the term of this Agreement extend beyond the expiration of the State QPA. All other terms and conditions of the Agreement shall remain the same as set forth herein. SECTION IV. COMPENSATION 4.01 Contractor proposes to furnish all labor, materials and supplies in accordance with the conditions of the State QPA at the rates set forth therein and as more specifically stated in Reference 1, attached hereto and incorporated into this Agreement. 4.02 Contractor shall submit a properly itemized invoice for services performed and expenses incurred under this Agreement and shall cooperate with and provide any other necessary information to City. City will pay Contractor within thirty-five (35) days after receipt of such properly itemized claim forms. SECTION V. ADDITIONAL PROVISIONS 5.01 Termination for Failure of Funding. When Clerk -Treasurer of the City of Carmel ("Clerk -Treasurers) makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Contract, this Contract shall be canceled. A determination by the Clerk -Treasurer that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. 5.02 Non-discrimination. Contractor and its officers, agents, employees, and subcontractors shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to her or his hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of her or his race, sex, sexual orientation, gender identity, religion, color, national origin, ancestry, age, disability, or United States military service veteran status. Breach of this section shall be regarded as a material breach of this Agreement. 5.03 Notice. Any notice required to be sent under this Agreement shall be sent by internationally recognized overnight courier, certified mail, facsimile or other delivery method which provides confirmation of receipt and shall be directed to the persons and addresses specified below (or such other persons and/or addresses as any party may indicate by giving notice to the other party) To Contractor., To City: Cheryl Rothenberger Jim Crider Director of Business Rental Sales Director of Administration 7111 W. Washington Street, Bldg. A One Civic Square Indianapolis, IN 46241 Carmel, IN 46032 5.04 Method of Payment. Contractor must be willing to accept invoice payments via City check, City Purchasing Card (Master Card) or Automated Clearing House (ACH) at the City's sole option and discretion. The City will not be responsible for any card fees or other bank charges incurred by the Contractor. 5.05 Iran Activities. Contractor certifies, by entering into this Agreement, that it does not engage in investment activities in Iran as more particularly described in IC 5-22-16.5. 5.06 E_ Verify: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the "Indiana E -Verify Law"), Contractor is required to enroll in and verify the work eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit attached herein as Exhibit A, affirming that it is enrolled and participating in the E -verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Contractor shall provide the City with documentation indicating that it has enrolled and is participating in the E - Verify program. Should Contractor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Contractor or any subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E -Verify program cease to exist IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: James Brainard, Presiding Officer Burke, Date: Lori S. ats , Me ber Date: (0�P!) A74"T/i Christine S. Pauley, Glerl�-Trejpsurer Date:/,, EAN SERVICES, LLC ut orized ignature Meredith parkins Printed Name Authorized Officer Title FID/TIN: 121� _Pgl°q$5 Date: S31 �g EXHIBIT A AFFIDAVIT V `vkv v , being first duly sworn, deposes and says that he/she is familiar with an has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: I am over eighteen (18) years of age and am competent to testify to the facts contained herein. I am nowd ata times relevant herein have been employed by E� N �Vo C C?� , LL c,(the "Employer") in the position of I am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the day of J Wt , 20 18. &q "�" A r A/\, -- Printed: 'Mdf I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. `IVB Ml/` Printed: k&�lv A- J o `v\\fQ v\ Reference 1: City of Carmel This schedule applies to rentals at locations in the State of Indiana - Enterprise Rent-A-Car Brand locations Schedule 1 Local Pickup and Return Rental Rates (Inside Indiana Vehicle Type Example Full Day Weekly Monthly Rentals Rentals Rentals Compact Chevy Sonic $37.49 $187.45 $749.80 Intermediate Chrysler 200 $39.49 $197.45 $789.80 Full Size Chevy Malibu $44.49 $222.45 $889.80 Minivan Dodge $57.49 $287.45 $1149.80 Caravan SUV (medium) Jeep $55.49 $277.45 $1109.80 Cherokee SUV (large) Chevy $82.49 $412.45 $1649.80 Traverse Cargo Van Chevy G15 $81.75 $408.75 $1635.00 3/4 ton Pick-up Truck Nissan $55.49 $277.45 $1109.80 small Frontier Pick-up Truck Ford F-250 $91.75 $458.75 $1835.00 3/4 ton Pick-up Truck $99.75 $498.75 $1995.00 1 ton Passenger $92.49 $462.45 $1849.80 Van seats 12 Passenger $92.49 $462.45 $1849.80 Van seats 15 Box Truck $90.75 $453.75 $1815.00 16 foot Box Truck $100.75 $503.75 $2015.00 24 foot Box Truck $100.75 $503.75 $2015.00 26 foot Stake Bed $104.75 $523.75 $2095.00 Truck 10 foot Stake Bed $110.75 $553.75 $2215.00 Truck 24 foot Rate above are for rentals originating within the State of Indiana. Rates above do not include tax - as tax is different from home -city locations to airport locations. The Rates above include protection (DW and SLP) as stated in the following page. The City of Carmel is responsible for paying excise taxes as outlined by the State of Indiana. Excise Tax throughout Indiana =4% and there is also a Marian County Excise Tax = 4% and VLF. State Sales Tax of 7% is waived on rentals of 30 days or longer: Excise Tax is not applicable. Mileage: All rentals originating in Indiana include unlimited miles per day, unlimited miles per week and 2500 miles per month, as applicable. Any additional miles will be charged at the rate of .20 cents per mile. Trucks: 3/4 Ton Cargo Van, 3/4 Ton Truck, 1 Ton Truck, Box Trucks, and Stake bed Trucks have mileage limitations. 3/4 Ton Cargo Van, 3/4 Ton Truck, and 1 Ton Truck include 150 miles/day and 750 miles per week and .15 cents per mile above daily/weekly inclusion. Stake Bed Trucks are .20 cents per mile. Box Trucks are .17 cents per mile. Rental periods are defined as follows: Daily= 24 hour rental, Weekend= Friday to Monday (3 day rental), Weekly= Daily Rate x 5, Monthly= Daily Rate x 20, 3 Month= Monthly Rate x 3, 6 Month= Monthly Rate x 6 Reference 1: City of Carmel This schedule applies to rentals at locations of the Affiliates and Franchisees in the United States and Puerto Rico Schedule 2 DAILY RATES AT NATIONAL BRAND LOCATIONS Vehicle SIPPThree Codes Vehicle Class Group One Locations Group Two Locations Group Locations Daily Rate Daily Rate Daily Rate ECAR Economy $49.00 $54.00 $59.00 CCAR Compact $49.00 $54.00 $59.00 ICAR Intermediate $51.00 $56.00 $61.00 SCAR Standard $52.00 $57.00 $62.00 FCAR Full Size $54.00 $59.00 $64.00 PCAR Premium $65.00 $69.00 $75.00 PXAR Premium Special $68.00 $73.00 $78.00 LCAR Luxury $68.00 $73.00 $78.00 WAR Mini -Van $69.00 $74.00 $79.00 CFAR/IFAR/SFAR Compact/Midsize/Standard Sport Utility $60.00 $65.00 $70.00 FFAR Large Sport Utility $99.00 $104.00 $109.00 Reference 1: City of Carmel This schedule applies to rentals at locations of the Affiliates and Franchisees in the United States and Puerto Rico Schedule 3 DAILY RATES AT ENTERPRISE BRAND LOCATIONS Vehicle SIPP Codes Vehicle Class Group One Locations Group Two Locations Group Three Locations Daily Rate Daily Rate Daily Rate ECAR Economy $42.84 $47.84 $52.84 CCAR Compact $42.84 $47.84 $52.84 ICAR Intermediate $44.71 $49.71 $54.71 SCAR Standard $45.71 $50.71 $55.71 FCAR Full Size $47.26 $52.26 $57.26 WAR Mini -Van $64.93 $69.93 $74.93 CFAR/IFAR/SFAR Compact/Intermediate/Standard SUV $65.96 $70.96 $75.96 FFAR Large Sport Utility $95.38 $100.38 $105.38 PPAR/SKAR % ton Full Size Truck/Cargo Van $64.27 $69.27 $74.27 Reference 1: City of Carmel ONE-WAY DAILY RATES Car Class Group One Locations Group Two Locations Group Three Locations Economy/Compact $89.00 $94.00 $99.00 Intermediate $89.00 $94.00 $99.00 Standard $89.00 $94.00 $99.00 Full Size $89.00 $94.00 $99.00 Premium +$.40/mile +$.40/mile +$.40/mile Premium Special +$.40/mile +$.40/mile +$.40/mile Luxury +$.40/mile +$.40/mile +$.40/mile Minivan +$.40/mile +$.40/mile +$.40/mile Compact/Midsize/Standard SUV +$.40/mile +$.40/mile +$.40/mile Large SUV +$.40/mile +$.40/mile +$.40/mile Reference 1: City of Carmel Terms and Conditions: 1. Surcharges. National brand locations located outside of National's top 100 airport locations may impose a surcharge of up to $6 per day in addition to the Rates and other applicable surcharges. The National brand locations listed in the top 100 airport locations are determined by the previous year's Passenger Boarding and All Cargo Data Report published by the Federal Aviation Administration. Locations as noted below, including their airport, downtown, suburban, and sub -locations will assess an additional fee for each rental day. Group 2 = $5.00/day in Charlotte; Cincinnati; Cleveland; Kansas City; Milwaukee; Minneapolis/St. Paul; New Orleans; Phoenix; Seattle; St. Louis; State of Illinois (unless otherwise indicated); State of New York (unless otherwise indicated) Group 3 = $10.00/day in Aspen; Atlanta; Baltimore; Boston; Chicago; Commonwealth of Puerto Rico; Denver/Colorado Springs area; Detroit; Eagle; Hartford; Los Angeles area (including LAX); Philadelphia; Pittsburgh; Providence; San Francisco area; State of Alaska; State of Texas; Vail; Washington DC LaGuardia, Kennedy and Newark Airports; NYC Boroughs (Bronx, Brooklyn, Manhattan, Queens, and Staten Island) and NY/CT/NJ Metro (including Westchester, Islip, Stamford and Jersey City) shall apply an additional surcharge of $27.00 per day in addition to the Daily Rate for Group One Locations. 2. Weekly and Monthly Rates. Weekly rates are five (5) times the Daily Rate for the Vehicle Class rented. For rentals of twenty-four through thirty consecutive days by the same Eligible Renter ("Monthly Rental"), the monthly rate will be four (4) times the Weekly Rate for the Vehicle Class rented. 3. Mileage. Except for one-way rentals as may be set forth herein, Rates for Economy through Premium vehicle classes include unlimited free miles per day, unlimited free miles per week, and 2,500 free miles per month; all other vehicle classes include 150 free miles per day, 1,050 free miles per week, and 2,500 free miles per month. Additional miles will be charged at $0.25 per mile. 4. Physical Damage. For rentals to Eligible Renters for leisure use, the Eligible Renter shall be responsible for damage to or loss of the vehicle in accordance with the terms and conditions of the applicable Rental Contract. For Business Use rentals, the Eligible Renter and Customer shall be responsible for damage to the vehicle, except to the extent as otherwise provided for herein. Eligible Renters can elect to purchase optional Damage Waiver ("DW") (which may be described as LDW or CDW in the applicable Rental Contract) at the origination of the rental if not included within the Rates herein. Reference 1: City of Carmel For National and Enterprise brand rentals to Eligible Renters in the United States and Puerto Rico for Business Use only, Rates include full DW (may be described as LDW or CDW in the applicable Rental Contract), with no retained responsibility, upon the terms and subject to the limitations set forth in the applicable Rental Contract. Customer will advise Eligible Renters that DW applies to their Business Use rentals only. Customer will verify that a rental was a Business Use rental in the event of an accident or in the event the vehicle suffers loss or damage. If the Customer cannot provide such verification, the applicable Affiliate is not obligated to provide DW and may void DW. 5. Third Party Liability. For rentals to Eligible Renters for leisure use, the Eligible Renter shall be responsible pursuant to the terms and conditions of the Rental Contract for all third party claims for property damage, bodily injury or death resulting from the use or operation of any vehicle. For Business Use rentals, the Eligible Renter and Customer shall be responsible for all third party claims for property damage, bodily injury or death resulting from the use or operation of any vehicle, except to the extent as otherwise provided for herein. Eligible Renters can elect to purchase optional Supplemental Liability Protection (which also may be referred to as Supplemental Liability Insurance in the Rental Contract) if Liability Protection is not included within the Rates herein. Liability Protection for third party claims, if applicable, will be upon the terms and subject to the limitations set forth in the applicable Rental Contract and insurance policy. For National and Enterprise brand rentals to Eligible Renters for Business Use only, Rates include Liability Protection for accidents arising out of the operation or use of the rental vehicle with split limits of $100,000 bodily injury or death per person, $300,000 bodily injury or death per occurrence and $50,000 property damage per occurrence upon the terms and subject to the limitations set forth in the Rental Contract and in the insurance policy which provides coverage. Unless required by law, Liability Protection excludes any protection afforded under: first party benefits; personal injury protection; medical payments; no-fault; and uninsured or underinsured motorist. Liability Protection provides no coverage for physical damage to, or theft of, the rental vehicle. Insurer and policy terms are subject to change without prior notice to Customer. Customer will advise Eligible Renters that the Liability Protection described herein applies to their Business Use rentals only. Customer will verify that a rental was a Business Use rental in the event they are involved in an accident. If Customer cannot provide such verification, the applicable Affiliate is not obligated to provide Liability Protection and may void Liability Protection. For leisure rentals on all rates and discounts, the limits of liability described in the paragraph above do not apply. In these instances, Liability Protection for third party claims, if applicable, will be as specified in the applicable Rental Contract. 6. Young Renter Fee. An additional charge will not be assessed when the Eligible Renter is between the ages of twenty-one (21) and twenty-four (24), provided the rental is pursuant to this Agreement. Reference 1: City of Carmel 7. One Day Rentals. A $5.00 (US Dollars) surcharge will be added to the Daily Rate when the rental commences on a Monday, Tuesday, or Wednesday, and is returned within twenty-five (25) hours or less. 8. Exclusions. Except as otherwise provided for in the Agreement, Rates are not available for rentals commencing in Manhattan all day Friday through 12:59 p.m. Sunday. The standard, undiscounted daily rates charged by the renting location shall apply. Rates 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, one-way charges or 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. Reference 1: City of Carmel This Schedule applies to rentals at Provider's locations in Canada Schedule 4 CANADA DAILY RATES VEHICLE SIPP VEHICLE CLASS DAILY CODES RATES ECAR Economy C$43.00 CCAR Compact C$45.00 ICAR Mid -Size C$47.00 SCAR Full Size 2 door C$50.00 FCAR Full Size 4 door C$50.00 Terms and Conditions: Corporate Daily Rates apply to business rental transactions originating and terminating within the same National and Enterprise city and its sub -locations (local rentals). Business rentals in designated C-1 locations include unlimited kilometers, unless otherwise noted. Monthly rates include 4000 km only. Business rentals in designated C-2 locations include a kilometer allowance that ranges from 50 to 200 kilometers per day, depending upon the location. All rentals in designated C-4 locations will be assessed a per kilometer charge for all kilometers driven. Kilometers and excess kilometers will be charged at the National Business Rate (DR01). All authorized one-way rentals will be charged the Corporate Daily Rate with a drop charge and/or kilometer charge that will be applied to all kilometers driven. 2. Airport locations as noted below will assess an additional fee for each rental day. Currently these cities include, but are not limited to the following: Reference 1: City of Carmel C$3.00 in Halifax; Montreal; Ottawa; Toronto; Winnipeg; Vancouver C$5.00 in Calgary; Edmonton; Fort McMurray C$6.00 in Charlottetown, PEI; St. John, NB; Moncton, NB; Fredericton, NB; Sydney, NS C$10.00 in Wabush, Newfoundland These cities are subject to change without notice. Any revisions to these city differentials will be made available to Customer upon request. 3. Rates are valid at all participating locations in Canada with advanced confirmed reservations, and are subject to the availability of vehicles. Reservations for rentals in certain cities during special events, major holidays, and peak demand periods may require a guarantee. Rates may not be available during those same periods. All locations will apply up to a 15% discount to the National Business Rate (DR01) for vehicle classes not specified above. 4. The weekly rate will be calculated at 6 times the Daily Rate. For rentals of twenty-four through thirty-one consecutive days, the rate will be a monthly rate calculated at 4 times the weekly rate. 6. Standard driver and credit rental qualifications apply. Minimum rental age at most locations is twenty-one (21) for commercial travelers renting vehicles for business purposes. However, an additional charge will be assessed when the renter or additional authorized driver is under the age of 25. 7. Rates do not include taxes (including but not limited to Provincial sales tax (PST), Goods & Services tax (GST), vehicle rental tax, Vehicle License Recoupment or Recovery Fee and Air Tax Recovery), airport fees, concession recoupment fees, fuel, optional upgrades or any other optional charges 8. A C$5.00 surcharge will be applied to the Corporate Daily Rate for all one -day rentals commencing on a Monday, Tuesday, Wednesday, or a Thursday. Reference 1: City of Carmel SCHEDULE 5 International Rates Unless a Rate Schedule and terms and conditions for any particular country(ies) are attached to and incorporated in the Agreement, this Schedule applies to rentals from locations not otherwise scheduled that are operated by an Affiliate or Franchisee in Europe, the Middle East and Africa (EMEA), the United States, Canada, Asia, the Pacific Basin, Latin America and the Caribbean (LAC), as applicable. Except as otherwise provided herein by country -specific Rate Schedule(s) and terms and conditions for any specific country or territory, International Rates, quoted in the respective country's currency as indicated at the time of reservation, will apply to Eligible Renters at Enterprise Rent-A-Car and National Car Rental branded locations. A complete set of International Rates exists for Enterprise Rent-A-Car and National Car Rental branded locations in countries throughout the United States, Canada, Europe, the Middle East and Africa, Latin America and the Caribbean, Asia and the Pacific Basin. International Rates are accessible through all reservation systems worldwide. Such rentals shall be subject to the Rates, terms and conditions of the applicable Affiliate, which may be changed from time to time in each such Affiliate's discretion. Terms and Conditions for International Rates: 1. International Rates are exclusive of protection products, except as indicated below. EAN maintains the requisite minimum automobile insurance coverage as determined by the applicable laws of each country of rental. Priority and applicability of cover is regulated by the controlling jurisdictional law. These rates do not include any Damage Waiver or similar vehicle physical damage or loss protection unless required by law or unless indicated as an Inclusive Rate at the time of reservation when booked using the Account Number for a Business Use rental (whether the rental is a Business Use or leisure rental). The Eligible Renter may elect to purchase optional protection products separately at the time of rental. Rates identified as "Inclusive" only provide the specific protection products detailed for each particular country and identified at the time of reservation. The specific terms of any protection product included in Inclusive Rates for each specific country are provided at the time of reservation and more fully disclosed in the applicable Rental Contract. 2. All Eligible Renters and Additional Authorized Drivers must have a valid driver's license and meet the age, driver, and credit qualifications of the location in which the rental originates. Eligible Renter, and in certain instances additional authorized drivers, must execute the Rental Contract of the applicable rental facility from which the vehicle rental originates. Each rental shall be subject to the terms and conditions applicable for the originating rental location. 3. International Rates are subject to change without notice.