HomeMy WebLinkAboutResolution - 2017-R0229 - Acme Auto Leasing - 06/22/2017Resolution No.2017-R0229
Item No.6.19
June 22,2017
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, a Vehicle Lease Agreement by and
between the City of Lubbock and Acme Auto Leasing, LLC of North Haven,Connecticut,
and related documents. Said Lease Agreement 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 June 22.2017
ATTEST:
jZHo^ta.
Rebecca Garza,City Secret.
APPROVED AS TO CONTENT
Scott Snider,Assistant City Manager
APPROVED AS TO FORM:
;lli Leisure,Assistant City Attorney
RES.VehicleLeaseAgrmt-AcmeAuto
06.06.17
DANIEL M.POPE,MAYOR
Resolution No. 2017-R0229
City of Lubbock, TX
Vehicle Lease Agreement
Contract 13361
This Service Agreement (this "Agreement") is entered into as of the 22nd day of June, 2017
("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 17-13361-SS Vehicle Lease Agreement.
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
Agreement, 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 — Proposal and Price Sheet
4. Exhibit C — Minimum Standards of Lease Vehicles
Scope of Work
Contractor shall provide the services that are specified in Exhibits A - C. The Contractor shall comply with
all the applicable requirements set forth in Exhibit A - C attached hereto.
Article 1 Services
1.1 The contract shall be for a term of three years, 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 proposal. 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.
1.2 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. Such written notice must state the reason for cancellation. 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.
1.3 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.
1.4 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 fiends 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.
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. This
Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.2 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.
2.3 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.5 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.
2.6 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.
2.7 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.
2.8 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.
2.9 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.
2.10 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.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
Daniel M. Pope, Mayor
ATTEST:
Reb cca Garza, City Aecr tart'
APPROVED AS TO CONTENT:
Billy Taylor, Director of Fleet Services
AP ROVED AS TO FORM:
J
Kelli Leisure, Assistant City Attorney
JTOR: I
Contractor's Signature
Erin Maturo
Printed Name
Chief Operations Officer
Title
Exhibit A
City of Lubbock, TX
RFP 17-13361-SS
Vehicle Lease Program
II. 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 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 OFFEOR'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)
X
months, eight (8) months and a maximum of twelve (12) months basis
per vehicle.
f No, explain:
Acme cannot offer competetive pricing for monthly rates
2. Provide leased vehicles with good and clean interior.
X
f 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
f No, explain:
4 EVALUATION CRITERIA
Each proposal will be evaluated for full compliance with the RFP instructions to the offeror
and the mandatory terms and conditions set forth within the RFP document. The objective of
the evaluation will be to recommend the firms who are most responsive to the herein
described needs of the City. The proposal will be evaluated on the following criteria:
A. Price (45%)
B. Experience with Government Vehicle Lease Programs/References (25%)
C. Ability to meet Standard Requirements and Minimum Standards (20%)
D. Overall Responsiveness to RFP 10%
5 PROPOSAL FORMAT
a) Proposals should provide a straightforward, concise description of the Offeror's
capabilities to satisfy the requirements of the RFP. Emphasis should be on
completeness, clarity of content, and conveyance of the information requested by the
City.
b) The proposal should be bound in a single volume where practical. All
documentation submitted with the proposal should be bound in that single volume.
No spiral binding.
c) If the proposal includes any comment over and above the specific information
requested in the RFP, it is to be included as a separate appendix to the proposal.
d) The proposal must be organized into the following response item sections and
submitted in an indexed binder.
i) Cover letter addressed to the Honorable Mayor and City Council that states the
Offeror's understanding of the services to be provided. Include any additional
information believed necessary that is not requested elsewhere in the RFP.
ii) A description of the methodology to be used to complete the project to include,
but not be limited to, how recommendations will be formulated and commitment
of adequate appropriate resources to the project.
iii) Offeror's specific expertise in areas pertinent to the project to include a listing and
brief description of similar projects completed (with the dates of completion) or in
progress and a list of references by name, address, and telephone number for each
project listed.
iv) A brochure of past work, with emphasis on comparable projects.
Exhibit B
Best and Final Offer
City of Lubbock, TX
RFP 17-13361-SS
Vehicle Lease Program
PROPOSAL PRICE SHEET
Offeror's Name: Acme Auto Leasing, LLC
Car Type
Per Month
8 Month Lease
12 Month Lease
Rate
Rate
Rate
Sedan
----------
$682.00
$625.00
Pickup
----------
$682.00
$625.00
SUV
---------
$682.00
$625.00
Van
---------
$682.00
$625.00
• Rates should include unlimited mileage.
Prepared by:
Erin Maturo
Title: Chief Operations Officer
Date: 5/25/2017
Insurance & Registration not included
Exhibit C
City of Lubbock, TX
RFP 17-13361-SS
Vehicle Lease Program
Minimum Standards of Lease Vehicles
1. State safety inspection certificate. Yes No [ ]
2. Power steering. Yes [� No [ ]
3. Heavy-duty power brakes. Yes [X] No [ ]
4. Standard air conditioning/heating. Yes [X] No [ ]
5. Multi -speed intermittent windshield wipers. Yes No [ ]
6. Adjustable tilt steering wheel. Yes [ No [ ]
7. Cruise control. Yes [A No [ ]
8. Electric rear window defogger. Yes bd No [ ]
When available
9. Power windows. Yes [)d No [ ]
10. Power door locks. Yes bd No [ ]
11. Outside mirrors — left and right, remote control. Yes [)d No ( ]
When available
12. Seating front: Bucket style with center console (if available). Yes No [ ]
13. Electronic AM\FM stereo radio with clock. Yes [a No [ ]
14. Acceptable engine: 6 CYLINDER. Yes [)a No [ ]
15. Wheelbase: Minimum acceptable wheelbase of 107 in. Yes [A No [ ]
16. Transmission: Automatic Yes [A No [ ]
17. Full size spare tire with jack and lug wrench. Yes [A No [ ]
When availalbe
If there are exceptions to the specifications, list all such exceptions.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lof 1
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:
2017-219883
Date Filed:
06/07/2017
Date Acknowledged:
06/08/2017
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
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
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.
Vehicle Leasing
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.,—.
0
6 AFFIDAVIT „..„,1swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP /SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of
20 , to certify which,witness mv hand and seal of office.
Signature of officer administeringoath Printed name of officer administeringoath Titleof officer administeringoath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version VI.0.883
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1 - a 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:
2017-219883
Date Filed:
06/07/2017
Date Acknowledged:
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
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
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,
Vehicle Leasing
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
ISignature
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
of authori .d agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE T
Swo;r, to and subscribed before me, by the said �/ ��� i �U (his the ' ! day of .
202to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath
Title of officer admuusterrng oath
runic piuviueu uy iexas ctrnus -ommission www.etnics.state.tX.us Version V1.0.883