HomeMy WebLinkAboutResolution - 2023-R0546 - Contract 17492 With Acme Auto Leasing, LLC, Vehicle Lease Program - 11/07/2023Resolution No. 2023-R0546
Item No. 5.14
November 7, 2023
RESOLUTYON
B� IT RLSOLVLD BY TIIL CITY COLTNCIL Ol� THL CI1"Y Ol� LUBBOCK:
TIIAT thc Mayor of thc City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Contract No. 17492 for a Vchicle Lcase Program, as
per RI�P 23-17492-SB, by and between the City of I,ubbock and Acme Auto Leasing, LLC, and
related documents. Said Contract is attached hercto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutcs of thc City Council.
Passed by thc City Council on _ November 7, 2023
TRAY ��}'�I;, M�ILYOR
ATTEST:
Co ney Pai, City Secre ary
APPROVLD AS "1'O CON1'ENT:
- ���1 -- -----
I3rookc Witchcr, Assistant City Managcr
APYROVLD AS "1`O I�ORM:
�� -- - �---
Rachael Foster, ssistant City �lttorncy
�
ccdocslllRGS.ScrviccContract 17492- Acme Auto I,casing, 1,[,C
10.24.23
Resolution No. 2023-R0546
City of Lubbock
Vehicle Lease Program
Agreement
Contract 17492
This Service Agreement (this "Agreement") is entered into as of the 7thday of November 2023
("Effective Date") by and between Acme Auto Leasing, LLC (the Contractor), and the City of Lubbock (the
��City„).
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-17492-SB, Vehicle Lease Program and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Vehicle Lease
Program, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A— General Requirements
3. Exhibit B— Best and Final Offer
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with
all the applicable requirements set forth in Exhibit B attached hereto.
Article 1
1.1 The contract shal l be for a term of one ( l) year, with the option of two (2), one (1) year extensions,
said date of term beginning upon formal approval. This Contract wiil renew automatically for the
additional terms, unless either Party gives 90-day written notice to terminate the Contract.
1.2 All stated annual quantities are approximations of usage during the time period to be covered by
pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting
contract.
1.3 The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is
on fi(e with the Purchasing and Contract Management Department as required by contract or contract
may be terminated for non-compliance.
1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice.
The City of Lubbock reserves the right to award the canceled contract to the next lowest and best
bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this document, this
provision shall control.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract insurance requirements document, this
provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.14 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2. I S No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be
paid wholly or partly from public funds of the governmental entity. (b) A governmental entity
may not enter into a contract with a company for goods or services unless the contract
contains a written verifcation from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifes that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association or (2)
the verification required by Section 2274.002 of the Texas Government Code does not apply
to the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or �rearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor veri�es that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verifcation is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.18 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its
elected offcials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
CONTR.�CTOR
-----�
APPROVED AS TO CONTENT:
Dominic Esperat, Director o Fleet Operations
BY: , i �,1 I' �
Authorized Representative
�V( i� �,'� �L lJ� {2,�
Print Name
,
�) � � �� �� �� C� S� i vl �� Y� �•tQ.
Address
�.� '�YH� `—�'a(� ti.Q��t �T� ���.9��
City, State, Zip Code
APPROVED AS TO FORM
Rachael Foster, Assistant City Attorney
Exhibit A
City of Lubbock, TX
RFP 23-17492-SB
Vehicle Lease Program
GENERAL REQUIREMENTS
1. INTENT
a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and
individuals, (hereinafter called "Offerors") for a vehicle lease program of new and newer used current
model year vehicles.
b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing
these services.
c) The information contained within this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection.
2. SCOPE OF WORK
The Contractor shall furnish each vehicle under this contract in good quality and in safe operating
condition and be delivered within 45 days of request from the City. The City shall accept or reject any
vehicles after receipt if the vehicle does not comply with this contract. In the event delivery cannot be
completed within 45 days, the Contractor shall notify the City when it becomes aware it cannot meet
the schedule and shall indicate a projected delivery date.
Number of vehicles will vary based on departmental needs. Notification of either an increase or decrease
will be noted in writing within thirty (30) days of change.
Rates provided on the Bid Form should include unlimited mileage.
The City of Lubbock will be responsible for the following:
- Tint the windows on vehicles once received.
- Provide for proper vehicle maintenance.
- Pay for the repair of the vehicle if damages occur during lease.
- Pay blue book price if vehicle is in need of replacement after an accident during lease.
The Offerer will be responsible for the the following, if not please provide explanation in submission:
- Provide a variety of vehicles by type (pickup, passenger vehicles, SUVs) to be exchanged by the
City within a minimum of one (1) months, eight (8) months and a maximum of twelve (12) months
basis per vehicle.
- Provide leased vehicles with good and clean interior.
Provide leased vehicles under manufacture warranty.
Provide vehicle within three (3) business days if an accident occurs.
Exhibit B
City of Lubbock, TX
RFP 23-17492-SB
Vehicle Lease Program
PROPOSAL PRICE SHEET
offeror�s Name: Acme Auto Leasing, LLC
Rates are to be given in monthly increments
Car Type Per Month 8 Month Lease 12 Month Lease
Rate Rate Rate
Sedan
$795.00
Pickup
$795.00
SUV
$795.00
Van
$895.00
• Rares should include unlimited mileage.
Minimium of 12 months lease term.
Exception: rate include 24,000 miles per year. Excess miles $0.12 per mile.
Prepared by: Erin Maturo �
Title: Chief Operations Officer
Date: 10/4/2023
Ciry of Lubbock, TX
RFP 23-17492-SB
Vehicle Lease Program
Clarifications for BAFO
Please complete the following and include with the Best and Final Offer attached.
Replacernent vehicle shall be comparable to the original Leased Vehicle in terms of vehicle
type, mileage, accessories and other aspects.
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entiry filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2023-1084951
Acme Auto Leasing, LLC
North Haven, CT United States oate Fited:
2 Name of governmenta entity or state agency t at is a party to t e contract for which t e form is 10/18/2023
being filed.
City of Lubbock Date Acknowledged:
g Provide the identification number used by the governmental entiry or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17492
Vehicle Leasing
q Nature ofinterest
Name of Interested Parry City, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
nny name is EriI1 Maturo , and my date of birth is
My adaress �s 15 Jones Farm Road North Haven CT 06473 US
(street) (city) (state) (zip code) (country)
I declare under penalry of perjury that the foregoing is true and correct.
EXecuced ;n New Haven Counry, Slate of COi111@CtICUt , on the � 8 day of OCtOb2f Z� 2�23
(month) (Year) .
Signature of autho ize gent of conVacting business entiry
(D clarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.cb183824
CERTIFICATE OF INTERESTED PARTIES
FORnn 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. l, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2023-1084951
Acme Auto Leasing, LLC
North Haven, CT United States oate Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/18/2023
being filed.
City of Lubbock Date Acknowledged:
10/18/2023
3 Provide the identification number used by the governmental entity or state agency to track or identi(y the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17492
Vehicle Leasing
4 Nature of interest
Name of Interested Parry City, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is , ,
(sVeet) (city) (state) � (zip code) (country)
I declare under penalry of pery'ury that the foregoing is true and correct.
Executed in Counry, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.Uc.us Version V3.5.1.cb183824