HomeMy WebLinkAboutResolution - 2020-R0392 - Contract 15322 with Acme Auto Leasing, LLCResolution No. 2020-RO392
Item No. 6.12
November 2, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 15322 for Vehicle Lease
Program as per RFP 20-15322-RR, by and between the City of Lubbock and Acme Auto
Leasing, LLC, of North Haven, Connecticut, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on November 2, 2020
G---'
DANIEL M. POPE, MAYOR
ATTEST:
0a" )��
Rebe ca Garza, City Se et
APPROVED AS TO CONTENT:
Mark earwoo , Assistant City Manager
APPROVED AS TO FORM:
11,1; 1&7i�
K.11i Leisure, Assistant City Attorney
ccdocs/RES.Contract 15322 — Vehicle Leasing Program
October 9, 2020
Resolution No. 2020-R0392
City of Lubbock, TX
Vehicle Lease Program
Agreement
Contract 15322
This Service Agreement (this "Agreement") is entered into as of the 2nd day of November 2020
("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 20-15322-RR, Vehicle Lease Program.
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 — Price Sheet 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 and attached hereto.
Article 1
1.1 The contract shall be for a term of (1) one year, with the option of two (2), one (1) year
extensions, said date of term beginning upon formal approval. 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. 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 file with the Purchasing and Contract Management Department as required
by contract or contract may be terminated for non-compliance. The rates may be adjusted
upward or downward at this time at a percentage not to exceed the effective change in the
Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for
the specific contract for the previous 12-months. At the City's discretion, the effective change
rate shall be based on either the local or national index average rate for all items. If agreement
cannot be reached, the contract is terminated at the end of the current contract period. The
scope of work shall remain the same but may include any additional structures and equipment
that may have been added by the City of Lubbock.
1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.3 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this Agreement is spent, whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice,
but failure to give such notice shall be of no effect and the City shall not be obligated under
this Agreement beyond the date of termination.
1.4 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 do.
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 Section 2270.002, 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 verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract.
2.14 SB 252 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.
CITY OF LUBBOCK
BY:
Daniel M. Pope, Mayor
ATTEST:
hq�—
Rebec a Garza, City Secr tar
APPROVED AS TO CONTENT:
Billy Taylor, Directo of leet Services
APPROVED AS TO FORM
— m - Kuw- —c—�
Kelli L isure, Assistant City Attorney
CONTRACTOR
0,4,A -�"
Authorized Representative
&,'v\
Print Name
4o WCLSkI n(A fw
Address
C� ()Y�-h ±bALtLA
U(rz�
City, State, Zip Code . CC
GENERAL REQUIREMENTS
1 INTENT
Exhibit A
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 GENERAL INFORMATION
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.
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.
3 OFFEROR'S RESPONSIBILITIES
Standard Requirements
Offeror's Compliance
Yes No
1. 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
X
per vehicle.
f No, explain:
2. Provide leased vehicles with good and clean interior.
X
If No, explain:
3. Provide leased vehicles under manufacture warranty.
X
f No, explain:
4. Provide vehicle within three (3) business days if an accident occurs. X
If No, explain:
Acme will provide a replacement vehicle as soon as possible, within 7 days.
Exhibit B
June 25, 2020
City of Lubbock, TX
RFP 20-15322-RR
VEHICLE LEASE PROGRAM
BEST AND FINAL OFFER
Proposal Price Sheet
(To be completed and returned with Proposal)
Price Sheet
Car Type
Per Month Rate
8 Month Lease Rate
12 Month Lease Rate
Sedan
_
$640.00
$625.00
Pickup
$640.00
$625.00
SUV
-�—
$640.00
$625.00
Van
1$640.00
1$625.00
• Rates should include unlimited mileage.
Prepared by: Erin Maturo
Title: Chief Operations Officer
DATE: 6/26/2020
Taxes, if applicable, registration and insurance not included.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2020-660950
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Acme Auto Leasing, LLC
North Haven, CT United States
Date Filed:
08/25/2020
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the Identification number used by the governmental entity 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.
15322
Vehicle Lease Program
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there Is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is Erin Maturo and my date of birth Is
My address is 15 Jones Farm Road North Haven CT 06473 USA
(street) (city) (state) (zip code (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in New Haven County, of onnecticut on the 25 day of AugUSt 2Q 20
(month) (year)
Signature of authorized e t of contracting business entity
(Declarant)
Forms Drovided by Texas Pthirc Cnmmiccinn unnnn, nrhi— 0tnre r,.
........... ...... vc151061 vt.1.3dadduu
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-660950
Acme Auto Leasing, LLC
North Haven, CT United States
Date Filed:
08/25/2020
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
08/25/2020
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
15322
Vehicle Lease Program
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party. ❑
6 LINSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms orovided by Texas Ethics Commission www.ethirs_statP.tx.u_q varcinn vt 1 '1af,aaf7rf
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bock
TEXAS
Purchasing and Contract Management
Project Summary
RFP 20-15322-RR Vehicle Lease Program
Notice was published in the Lubbock Avalanche Journal May 10, 2020 and May 17, 2020.
Notice was published on the Purchasing Web Site under Bid Opportunities.
Notice was published on BidSync.com from May 11, 2020 to June 2, 2020
27 vendors viewed using BidSync.com.
12 vendors downloaded the documents.
2 vendors submitted bids.
Request for Resolution
Date: October 9, 2020
Purchase Order Contract
Public Works Contract
❑
Professional Service Agreement
Z
I Service Contract
TT
Change Order
Doc No. / Contract No.
RFP 20-15322-RR / Contract 15322
Contract Title
Vehicle Lease Program
Vendor's Name
Acme Auto Leasing, LLC.
Vendor's Location
North Haven, CT
Assistant City Attorney
✓❑
Kelli Leisure
❑
Bill Howerton, Deputy City Manager
❑
Ryan Brooke
a
Mark Yearwood, Assistant City
Manager
❑
John Grace
o
Jesica McEachern, Assistant City
Manager
❑
Mitch Satterwhite, First
Assistant City Attorney
❑
Brooke Witcher, Assistant City
Manager
❑
Amy Sims, Deputy City
Attorney
❑
Jeff Hartsell, Deputy City
Attorney
Please Return to Purchasing or Call Ext: 2171
FOR PURCHASING USE ONLY:
"Attach a copy of the tab sheet verifying pricing"
Initial Review - Date: Reviewer: Modifications needed: Yes / No
Modifications Completed by Buyer — Date:
Final Review - Date: Reviewer: Modifications needed: Yes / No
Modifications Completed by Buyer — Date: