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Res. No. 056-09-12865RESOLUTION NO. 56 -09 -12865 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO (2) YEAR VEHICLE RENTAL AGREEMENT WITH ENTERPRISE RENT -A -CAR FOR THE RENTAL VEHICLES USED IN UNDERCOVER POLICE OPERATIONS BY THE POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO DISBURSE UP TO $30,000.00 PER YEAR OVER A TWO YEAR PERIOD FROM THE POLICE FEDERAL FORFEITURE RENTAL /LEASE POLICE VEHICLES ACCOUNT NUMBER 615 - 1910 - 521 -4450 (PURCHASE / LEASE - POLICE VEHICLES), PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Police Department engages in certain special undercover investigations which require the utilization of rental vehicles, and WHEREAS, these vehicles need to be frequently replaced due to the covert nature of the investigations and for the safety of the officers; and WHEREAS, the requested expenditure is a lawful use under the Attorney's General Guidelines on Federal Forfeitures; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to enter into a two (2) year agreement with Enterprise Rent -a -Car to provide rental vehicles for undercover police operations Section 2: The City Manager is authorized to disburse a sum not to exceed $30,000.00 per year over a two (2) year period from the Federal Forfeiture Fund, Rental/Lease Police vehicles, account number 615- 1910 -521 -4450 , with a beginning balance of $30,000.00. Section 3: That this resolution shall be retroactive to October 1, 2008 upon execution. PASSED AND ADOPTED this 7 th day of Apr i 1 , 2009. ��I��.�I�i.�, fir► APPROVED: MAYOR 5 -0 Commission V 0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea South Miami To: Honorable Mayor, Vice Mayor & City Commission Via: W. Ajibola Balogun, City Manager Nc� From: Robert F. Richardson II, Chief of Police / "- Date: April 7, 2009 Agenda Item No: 14 RE: Vehicle Rental Agreements Resolution: A RESOLUTION OF THE MAYOR AND CITY OMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO (2) YEAR VEHICLE RENTAL AGREEMENT WITH ENTERPRISE RENT -A -CAR FOR THE RENTAL VEHICLES USED IN UNDERCOVER POLICE OPERATIONS BY THE POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO DISBURSE UP TO $30,000.00 PER YEAR OVER A TWO YEAR PERIOD FROM THE POLICE FEDERAL FORFEITURE RENTAL/LEASE POLICE VEHICLES ACCOUNT NUMBER 615 -1910- 521 -4450 (PURCHASE/LEASE — POLICE VEHICLES), PROVIDING FOR. AN EFFECTIVE DATE. Request: The Police Department is requesting to use Enterprise Rent -a -Car to supply rental vehicles for undercover police operations. Reason/Need: The Police Department engages in various undercover and surveillance operations through the Special Investigations Unit (SIM using rental vehicles. Street level crime interdiction and drug enforcement are both preformed by the detectives assigned to the unit. These are on going criminal investigations, short and long term. Undercover rental vehicles can be used for only a short period of time before they are identified by the subjects who are under investigation. Hence, the Police Department is continuously exchanging these rental vehicles. This allows the unit to continue operations at optimum levels. Enterprise Rent -a -Car supplies vehicles to a number of other police departments in Miami -Dade County that are involved in similar operations. These vehicles need to be frequently replaced due to the covert nature of the investigations and for the safety of the officers. We have received bids from Avis, Hertz, and Enterprise Rent -a -Car companies. Enterprise Rent -a -Car has provided us with the lowest cost for the types of vehicles that we will be utilizing during the undercover operations. Continued Reason/Need: The effective date of this agreement and resolution is retroactive back to October 1, 2008, which was the end date of the previous agreement. Cost: $ 30,000.00 Backup Documentation: Q Draft Resolution, Agreement from Enterprise Rent -a -Car CI Rental Car Comparison of Fees Spreadsheet CI Proposal from Enterprise Rent -a -Car CI Proposal from Avis Rent -a -Car O Proposal from Hertz Rent -a -Car Mydocuments/Resolustions- Memos- MemoPoliceDept — Rental Vehicle April 2009 to LO La 0 ) � E { W r «§(\ W LL \ LL \ \ O 7 E to �( Z # U 0 2 m/ 4 u rD co C14 C%j U % LU Q (L > S: �)7 \ # ) U / ®\ « - Ci U /\) / \ \7 ƒ \7$$ \ Z . m W ° $ m$m$$G /$2§&&wQ% } / f ) E \\ \ \\ ; > l W (D I« / \)i \/ 0, 7 22002 Company: City of South Miami ( "Customer") Company: Enterprise Leasing Company, a Florida Corporation ( "Enterprise ") Contact: Cpt. Ruben D. Rodriguez Contact: Martyna Beginska Address: 6130 S.W. 72n' Street, South Miami, FL 33143 Address: 16250 NW 59 Ave, suite 208, Miami Lakes, FL. 33014 Account# FWO342 BASE RENTAL CHARGES VEHICLE CLASS (See Exhibit A for makes and models) RATES Car Class I $759.99 /month Car Class It $779.991month Car Class Ili $799.99 /month Car Class IV $875.001month EXCLUSIONS: Base Rental Charges de not include applicable taxes, surcharges, refueling, one -way, drop -off, delivery, pickup, youthful driver or additional driver charges; or, except as set forth below, any optional products or services such as collision damage waiver CCDW "), supplemental liability protection ("SLP "), personal accident insurance and personal effects coverage ( "Driver Protection Products "). DRIVER PROTECTION PRODUCTS: Base Rental Charges include the Driver Protection Product(s) below. CDW FOR BUSINESS RENTALS. For rentals to Customer's employees ("Employees ") for business use who are 21 years old or older only, Base Rental Charges include full COW (with a $250 deductible) upon the terms and subject to the limitations set forth in Enterprise's then standard form of rental contract ( "Rental Contract "). SLP FOR BUSINESS RENTALS. For rentals to Customer's employees ( "Employees ") for business use who are 21 years old or older only, Base Rental Charges include SLP providing liability insurance 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 Enterprise's then standard form of rental contract ( "Rental Contract ") and in the insurance policy which provides the SLP (SLP not available in Puerto,Rico). SLP excludes any protection afforded under: first party benefits; personal injury protection; medical payments; no- fault; and uninsured or underinsured motorist. No coverage is provided for physical damage to, or theft of, the rental vehicle. Protection is subject to the provisions of the Rental Contract and the SLP policy issued by Empire Fire and Marine Insurance Company.' A Certificate of Insurance naming Customer as an Insured will be issued by Empire Fire and Marine Insurance Company upon request. Occasional personal use during business rental period is allowed. In the case of personal use of the vehicle when rented for business purposes, spouses of current employees of Customer will be considered additional authorized drivers.] MILEAGE CHARGES: No vehicle will be driven over 3,000 miles. Any vehicle approaching said mileage limitation will be returned and a replacement will be issued by Enterprise. If the combined mileage for the original vehicle and any /all replacement vehicles exceed three thousand (3,000) miles within a thirty (30) day rental cycle, the City will pay a $.17 per mile charge for each mile over three thousand (3,000) miles. For rentals originating in Texas, SLP includes Personal Injury Protection Coverage with limits of $2,500 per person, Uninsured / Underinsured Motorist Coverage with limits of $55,000 per accident. No coverage is provided for physical damage to, or theft of, the rental vehicle. Protection is subject to the provisions of the Rental Contract, the RU, policy issued by Empire Fire and Marine Insurance Company. For rentals originating in Nebraska, SLP includes Uninsured/ Underinsured Motorist Bodily Injury Coverage with limits of $25,000 per claimanti$50,000 aggregate. No coverage is provided for physical damage to, or theft of, the rental vehicle. Protection is subject to the provisions of the Rental Contract, the RLI, and SLI policies issued by Empire Fire and Marine Insurance Company Trading Venture Inc. ADDITIONAL TERMS AND CONDITIONS 1. Term. The term of this Preferred Rate Agreement 7. ("Agreement ") begins April 1, 2009, and ends on April 1, 2010. This Agreement may be extended for two (2) additional one -year periods upon mutual agreement of the parties. Either party may terminate this Agreement at any time by providing the other party with thirty (30) days prior written notice. 8. 2. Rental Program. Enterprise agrees to make its vehicles available to Employees for rental from Enterprise's rental facilities for business use. Employees of Customer must use the customer number assigned by Enterprise to Customer (FW0342 for rentals for business use) when making the reservation for the rental. 3. Rental Contracts. For each vehicle rented, the Employee must execute Enterprise's Rental Contract in the jurisdiction in which the vehicle rental occurs. Each Employee (and any person identified on page 1 of the Rental Contract as an "Additional Authorized Driver") must possess a valid driver's license issued by the state in which such person resides, and must be age 21 or older (unless otherwise agreed to in writing and 18 or older if required by law; and 25 or older for 12 and 15 passenger vans), and meet Enterprise's other normal renter qualifications. In the event of a direct conflict between the terms of this Agreement and the terms of any Rental Contract, the terms of this Agreement will govern. However, the specific terms of each Rental Contract will govern to the extent not directly in conflict with the terms of this Agreement. Customer agrees to pay Enterprise upon demand for all rental and other charges incurred and all indemnity and other payments owed by an Employee under a Rental Contract relating to a rental for business use not timely paid by the Employee. 4. Rental Rates. For the first 12 months following the date of this Agreement, Enterprise agrees to charge the Base Rental Charges quoted on the cover page of this Agreement. in each successive twelve -month period, the Base Rental Charges are subject to increase in accordance with the preceding year's Consumer Price Index (CPI) for All Urban Consumers, All Items (1982- 1984 +100). In no event shall the price adjustment exceed five percent (5 %) or be less than two percent (2 %). in determining the length of rental, a day is deemed to be any 24 -hour period or portion thereof. 5. Preferred Provider Status. Customer agrees to promote Enterprise as a preferred provider of rental cars, and to recommend Enterprise as an option to Employees renting vehicles for business use. 6. Miscellaneous. Except as otherwise required by law, Customer and Enterprise agree to maintain the confidentiality of the terms of this Agreement. This Agreement and any Rental Contract entered into between Enterprise and an Employee sets forth the entire understanding between the parties and may only be amended in a written document signed by each party. This Agreement shall be governed by the substantive laws of the state listed as part of Customer's address on Page 1. Rental Contracts shall be governed by the substantive laws of the state in which they are executed. Third -Party Beneficiary. The parties intend for each subsidiary of Enterprise Rent -A -Car Company, a Missouri corporation, to be accorded the status of third -party beneficiary under this Agreement, and for all rights hereunder to inure to the benefit of each such subsidiary. Maintenance. Enterprise will maintain the vehicles, both as , to mechanical repairs and routine maintenance. Customer is responsible to bring the rental vehicle for regular maintenance every 5,000 miles to the renting office location. When a Vehicle is out of operation for service, a replacement or loaner Vehicle will be provided immediately upon return of said vehicle. In the event of an accident, a loaner or replacement vehicle will be provided at no additional charge while the damaged vehicle is repaired. 9. Vehicle Usage. It is understood and agreed that vehicles rented under this Agreement are intended for undercover investigation and surveillance by the Customer. The vehicles rented under this Agreement are not intended for use in traffic control and enforcement, nor are they intended for use in chase and apprehension or transportation of suspects under arrest. 10. Modification of Vehicle. Enterprise specifically agrees that the Customer may, at its own expense, apply tinting to the windows of any vehicle. Subsequently, there will be no charge to the Customer to remove the tinting if it becomes necessary. The Customer will maintain the tinting as to not detract from the value of the vehicle. The Customer may, at its own expense, install any electronic equipment it may deem necessary, provided that said installation causes no permanent damage to the vehicle (e.g. holes in sheet metal or dash area of vehicle). 11. Billing and Payments. The Customer will issue a purchase order to cover vehicles under this Agreement. Enterprise will invoice the Customer on a monthly basis and expect payment within forty -five (45) days, following receipt of said invoice by the Customer. 12. Signature on File. As part of any rental transaction in which Enterprise delivers possession of a rental vehicle to an Employee or agent of Customer other than the Employee intended as renter, the transaction will be subject to the following terms and procedures supplemental to those provided in the Rental Contract: (a) Customers name will appear as "renter" on the Rental Contract; (b) the notation "Signature on File" will substitute for the signature or initials of the Employee intended as renter in each applicable part of the Rental Contract; (c) Customer will be responsible for designating the Employee intended as renter as authorized to accept possession of the rental vehicle, and for procuring a written receipt from such Employee confirming delivery of possession of the rental vehicle; (d) Customer will not allow use of the rental vehicle by any Employee under the age of 21 or as provided by law, or use by any Employee other than for business use, or use by any Employee not possessing a valid driver's license issued by the state in which the Employee resides; (e) Customer will be responsible for ensuring compliance with any state's law by assuming Enterprise's responsibility to compare the Trading Venture Inc signature of the Employee to whom the vehicle is to be rented to the signature. of such Employee on his or her driver's license; (f) if the rental vehicle is a passenger van with seating for over 10 occupants, Customer will be responsible for distributing to all Employee drivers copies of the Large Van Addendum to the Rental Contract; and (g) Customer agrees to defend and indemnify Enterprise against all claims, liabilities, costs and expenses (including reasonable attorneys' fees) arising from the use of any ENTEER�P SE -- ey Name: Martvna Baoinska Title: Business Rental Sales Executive Date: April 15% rental vehicle or breach of any Rental Contract term by any Employee in connection with a "signature -on -file" rental transaction, including any claim based on an allegation of negligent entrustment attributable to the incompetence of such Employee to operate the rental vehicle, or other allegation of negligence. Trading Venture Inc. EXHIBIT A Here is an overview of the vehicles available through Enterprise Rent -a -Car. There are three categories listed. With Enterprise having the largest and most diversified fleet in the industry, our inventory is always rotating. Therefore, specific vehicles may or may not always be available on a given date. Conversely new models are always being added. Vehicles in each car class subject to change based on model year. Car Class I Make Model Make Model Chevy Malibu Pontiac G6 Ford Focus Ford Fusion Toyota Corolla Dodge Avenger Nissan Sentra Honda Civic Car Class II Make Model Make Model Chevy Impala Nissan Altima Dodge Charger Ford Taurus Dodge Journey Chrysler Sebring Mazda 6 Saturn Aura Car Class III Make Model Make Model Chevy Silverado Nissan Titan Chevy Trailblazer GMC Envoy Ford Explorer Dodge Caravan Ford F150 Kia Sedona Car Class IV Make Model Make Model Infiniti G37 Chevy Tahoe Chevy Surburban Mileage Limit. 3000 miles per month, each additional mile at $.17 per mile. Trading Venture Inc. a We try harder® Bello Captain Rodriguez, Avis Rent A Car System, Inv. WORLD WIDE RESERVATION CENTER 4500 South 129th East Avenue P.O. Box 6903s0 Use, Oklahoma 741690366 Telephones (9181624 -4009 I am happy to introduce myself and personally provide assistance for all of your Avis Mini Lease needs. Avis Mini tease, offers extra savings, added convenience and prat benefits for rentals of 30 days and longer. So, if you're taking an extended. vacation or your job is moving you across the country, and you need a car for two months or more consider the benefits of an Avis Mini Lease. Here is a brief description for 30 day or longer vehicle reservations: • special low rates for rentals of 30 days to I I months — the longer you rent the more you save • 'Travel Agents may use then IATA and Club Rcd numbers on all reservations • All billing, customer service, and extension issues handle by a single point of contact • No return or contract renewal for the rental period - all your monthly agreements are filled out when you pick up your car. You don't have to return each month to renew your agreement and charges are automatically billed each month • Wide selection of vehicles, from Compacts to Luxury to Minivans • 24 Hour Roadside !assistance - Day or night, Avis is at your call in an emergency. Simply dial our hotline at 1- 800 -354 -2847 for prompt assistance, • Special request I face upgrades an added benefit when available Please feel free to call me for any quotes, reservations, customer service issues you may have I am here to service any car leasing needs you may have. I appreciate your business I Francetta Mays Avis Mini Lease Sales 800 -524- 900003297 VelNtle must he serviced every 7.900 miles — Frequent Flyer surcharge of 3.50 /daY or max, s2 per monthly aental in most domestic alviloe programs may opply and Is extra. Valid on quallrylnq rontala. Subject to tgv.•s and condhlonc. "IS MINI LEASE: South Miami Police Department Rate Quotes; All rates w/ 5600 fr Pre Tax Economy similar to Chevy Aveo Compact similar to Chevy Cobalt Midsize similar to Pontiac G6 Full Size similar to Chevy Impala Standard similar to Ford Mustang Mini Van similar to Chevy Uplander Luxury similar to Lincoln Towncar Luxury - NOT ON STATE OF FLORIDA RATE 687.4 744.24 810.6 t 913.36 G55 VetifliCt2. 913.36 1ck55iLC Y2�i�lQ 1032.92 Q—,kQ 5S 30 day = 1599.99 total = 1813.10 UNLIMITED MILES 'ee miles additional mileage fee .05 per mile. 30 -60 -11 monthly remains the same rate Taxes included 819.94 880.76 951.77 1061.72 1061.72 1189.65 60 day = 1469.99 total = 1657.31 90 DAY up to 11 months = 1444.99 total = $1630.56 The Hertz Corporation April 1, 2009 City of South Miami Police Department RE: Proposal: Dear Mr. Rodriguez, Per our discussion our proposal is based on 3 vehicles with options to increase that number. The terms or conditions of our proposal are as follows: Terms I. City of South Miami assumes damage responsibility for the rental cars. Optional insurance is not available. 2. Cars are all rented from our Coral Gables Location. 3. Outstanding invoices can remain unpaid for no more than 45 days. 4. Open rental contracts can not exceed 30 days. 5. Vehicles can not be altered for example window tinting. 6. Additional conditions can be added prior to signing agreement. Proposed Agreement Terms: This agreement is for a period of twelve (12) months, or one (1) years, commencing on or about April 15, 2009 and ending April 15, 2010. After six (6) months, Hertz may terminate this agreement at any time without cause or penalty whatsoever upon 90 days prior written notice to City of South Miami Police Department. Additionally, City of South Miami Police Department may also terminate this agreement after twelve (12) months upon a 90 -day written notice given the 'following. Rates: • See previous proposed rates attachment If you should have any questions, please feel free to contact me or any of our team members at your convenience. Thank you again for your time and sincere consideration. I look forward to a mutually rewarding relationship. Sincerely, Peter Trummel It is understood and acknowledged by the parties that this letter does not constitute and should not be construed as, a binding commitment or agreement; rather, it is intended to serve as the basis for negotiation. This proposal is subject to approval by Hertz Corporation Senior Management and no contract between the parties will arise or be enforceable, other than landlord's agreement to withdraw this property from the market for the aforementioned 30 day period, prior to the execution by an authorized officer of the Hertz Corporation of a formal written and approved contract. 4/1/2009 Page I of 2 CAR CLASS CAR TYPE MONTHLY RATE WEEKLY RATE Sub Compact Focus $490.00 $150.00 Compact Corolla $540.00 $160.00 Compact Saturn $570.00 $170.00 Midsize 4DOOR Camry $650,00 $185.00 Fulisize Crown Victoria $820.00 $230.00 Fulisize Luxury Cadillac $1,200.00 $340.00 Mini -Van Caravan $950.00 $270.00 Small Suv Escape $950.00 $270.00 Medium Suv Explorer $950.00 $270.00 Luxury Suv Escalade $1,200.00 $340.00 Pickup Truck F150 $850.00 $260.00 Q,kcdss �w- d �.tass a i Vie. G \a Ss � ye hi c le- -- DAILY RATE $31.00 $34.00 $37.00 $36.00 $49.00 $72.00 $60.00 $60.00 $50.00 $72.00 $55.00