HomeMy Public PortalAbout13) 9B Approval of Vehicle Lease and Maintenance ProgramDATE:
TO:
FROM:
ADMINISTRATIVE SERVIC E DEPARTMENT
MEMORANDUM
June 2, 2015
The Honorable City Council
Bryan Cook, City Manager
By: Tracey L. Hause, Administrative Services Director
AG ENDA
IT EM 9 .8.
SUBJECT: APPROVAL OF VEHICLE LEASE AND MAINTENANCE PROGRAM
RECOMMENDATION:
The City Council is requested to authorize the City Manager to enter into a Master
Equity Lease Agreement with Enterprise FM Trust and related addendums (Attachment
"A") for a vehicle lease and maintenance program.
BACKGROUND:
1. Prior to Fiscal Year (FY) 2005-06, the City purchased 11 of the 24 vehicles in the
City 's current fleet. Subsequently, the remaining 13 vehicles in the current fleet
were purchased since FY 2005-06, with the last vehicle purchased in 2012.
2. On September 7, 2010, the City Council adopted Ordinance No. 10 -937
implementing the current Purchasing Code (Code).
3. In April2015, the City conducted an analysis of its vehicle fleet.
4. On May 19 , 2015, staff presented this vehicle lease and maintenance program for
City Council consideration . The City Council continued the item and asked staff to
provide more information .
ANALYSIS:
Staff presented a recommendation on May 19, 2015, to the City Council to authorize
the City Manager to enter into a Master Equity Lease Agreement with Enterprise FM
Trust and related addendums for a vehicle lease and maintenance program. After a
discussion, the City Council asked staff to return to the City Council with more
information related to historical costs related to vehicle operations and the bidding
process completed by the West Contra Costa County Unified School District and the
San Gabriel Valley Mosquito & Vector Control District.
City Council
June 2, 2015
Page 2 of 5
City vehicles are used to perform various tasks throughout the City and serve the public
on a daily basis. The City currently owns and maintains 24 vehicles for city
departments including passenger cars, light duty trucks, and medium/heavy duty trucks.
Half of these vehicles are at least 10 years old, are past their useful life and are
requiring or may require costly repairs in the near future. Due to the lack of a
comprehensive vehicle maintenance and replacement program, tracking of
maintenance and timely replacement has not occurred on a consistent basis, thus
another reason for a deteriorating fleet.
Historically each department has been responsible for vehicle maintenance and repairs
for their vehicles on an as needed basis. This practice has not been efficient or cost
effective, and has created inconsistencies with the frequency of routine maintenance
and needed repairs. Further there has not been a system in place to track
maintenance and repair costs for each vehicle, making it impossible to determine when
repair costs are no longer cost effective and the vehicle should be replaced.
Most local agencies and municipalities have a centralized internal service function with
comprehensive vehicle maintenance and replacement systems to manage
maintenance, and ensure resources are set aside for vehicle replacement. Some
municipalities have their own facilities and staff to maintain all vehicles in their fleet "in
house." Due to limited staff resources and lack of facilities, the City is unable to
manage and maintain a centralized operation for vehicle maintenance. Further, due to
the relatively small size of the fleet, "in house" fleet maintenance and management
would not be cost effective.
During a vehicle's useful life cycle, preventive maintenance (such as fluid changes, and
tire, brake and filter replacements) is the primary needed maintenance. As vehicles
age, maintenance becomes more costly and major repairs are sometimes needed. As
the increasing maintenance costs for the fleet continue to erode the budget and
interfere with the efficiency of City operations, it has become imperative to find a
solution to update the City's management of vehicle maintenance and replacement. A
complete evaluation of the entire fleet was prepared to identify the most cost effective
means of vehicle maintenance and replacement.
Upon completion of the analysis of the condition of the current City vehicles that would
need to be replaced, $120,000 should be invested in new vehicles in the next fiscal
year, and $180,000 over the following four fiscal years, to address the vehicles that
have experienced deferred replacement.
Due to limited staff resources in this area, the number of vehicles in need of
replacement and the need to establish a consistent maintenance and replacement
program, staff explored the option of leasing vehicles and contracting for fleet
maintenance services with Enterprise Fleet Management (EFM).
EFM has provided staff with a proposal (Attachment "B") that would replace all existing
City vehicles with new leased vehicles. Appraisals have been completed on all existing
City Council
June 2, 2015
Page 3 of 5
City vehicles which will provide a total equity of $158,900 for the new lease program.
The equity for each vehicle individually has been estimated to ensure the City receives
the greatest benefit for the use of AQMD funding sources. EFM operates using "open-
end" leases, under which the City gains equity in the leased vehicles, unlike "closed-
end" leases that are common for individual vehicle leases. EFM has projected the
equity value of the vehicles at the end of the lease term of five years. EFM has
estimated City vehicles would incur 5,000 miles annually, however the City is not bound
by the terms of the lease to a maximum of 5,000 miles annually per vehicle. Upon the
lease term conclusion, the City has the option to purchase the vehicles from EFM at the
pre-negotiated price or opt for EFM to sell the vehicle for the City. If the sale price of
the vehicle exceeds the pre-negotiated price, those funds will be given to the City to
cover future vehicle replacement costs. A significant amount of staff time would be
saved by having EFM sell and dispose of these vehicles when they have reached the
end of their service life.
It is anticipated operational budgets and vehicle replacement outlays will be stabilized
with this program, as an established monthly lease payment will not change during the
lease period, currently proposed at five years. The proposed agreement also includes
a complete vehicle maintenance program, which will help the City by having a low fixed
monthly fee for each leased vehicle including all necessary maintenance. Further by
instituting regular, preventive maintenance cycles, it is anticipated unexpected costs for
major repairs will be reduced, if not entirely eliminated. The full maintenance program
will include all necessary vehicle maintenance and 24 hour roadside assistance,
eliminating the need for City resources to be used for the emergency repair and
maintenance of these vehicles. The agreement also includes managed gasoline credit
cards for each vehicle. This will provide for greater control and accountability for
gasoline purchases and will allow the City to better track fuel usage and costs.
Staff is recommending the City implement the lease program in its entirety, immediately
acquiring all new vehicles through the lease program. This will ensure future
maintenance and scheduled replacement of all City vehicles, allowing for immediate
cost savings in maintenance and ease of administration of this program. Maintenance
of City vehicles will be completed at pre-authorized maintenance facilities within city
limits or in the immediate area.
Although the City's Purchasing Code (Code) requires a formal bid process for
acquisition of good and services in excess of $25,000, staff did not solicit bids for these
vendor services. The Code does allow the City to contract directly with a vendor if a
competitive bidding by another Federal, State, County or local government agency has
been completed and is in substantial compliance with the City of Temple City's Code.
In March 2012, the West Contra Costa County Unified School District issued Request
For Proposal (RFP) #1112-03 for Vehicle Management Services (Attachment "C").
EFM was the successful bidder in a California statewide competitive bid process for this
RFP, as it was the only bidder in the RFP process. A staff report from the West Contra
Costa County Unified School District awarding the bid to EFM is attached (Attachment
"D"). Attached also is a letter from West Contra Costa County Unified School District to
City Council
June 2, 2015
Page 4 of 5
EFM (Attachment "E), extending their contract and authorizing other municipalities or
agencies who are interested in utilizing their awarded contract, may do so. EFM will
provide the vehicles the City is requesting at the same rate or less that was charged to
the West Contra Costs Unified School District.
In addition, the San Gabriel Valley Mosquito & Vector Control District (Vector Control
District) entered into a lease arrangement with EFM in January 2012 (Attachment "F").
In December of 2011, the Vector Control District was instructed by their Board of
Directors to solicit proposals from 12 agencies to purchase six pickup trucks. EFM was
the only agency that responded.
Staff has reviewed this RFP process and has determined that it is in compliance with
the City's Code.
CONCLUSION:
Due to a limited capacity for the City to effectively develop and maintain a
comprehensive vehicle maintenance and replacement program, contracting with EFM
for the lease of City vehicles, maintenance and on-going replacement will ensure the
City's vehicle operations are effective and cost efficient.
FISCAL IMPACT:
This program is planned for implementation as part of the FY 2015-16 City Budget and
$85,000 have been included in operations as follow:
General Fund
Air Quality Management District (AQMD)
Lighting and Landscaping Maintenance District
$51,900
$17,600
$15,500
An additional $25,000 has been included in the EquipmenWehicle section of the FY
2015-16 City Budget to outfit all vehicles with the necessary equipment and signage.
As indicated above, the City has not had a system in which to track gasoline and
maintenance costs for each vehicle. However, in recent history vehicle operations City
wide have been:
FY 14-15 (through May 201h)
FY 13-14 (entire FY)
FY 12-13 (entire FY)
FY 11-12 (entire FY)
$42,086
$67,843
$52,531
$50,806
Further, the lease rate proposed includes equity building into each vehicle, which will be
of benefit when the vehicles are replaced. This program will result in immediate and
City Council
June 2, 2015
Page 5 of 5
long-term savings related to vehicle maintenance, repair and replacement, since the
vehicles will be receive routine maintenance and will be replaced at the end of their
service life with equity accumulated through the lease payments, reducing the need for
major and costly repairs.
ATTACHMENTS:
A. Master Equity Lease Agreement with Enterprise FM Trust and Related
Addendums
B. Enterprise Fleet Management's Proposal
C. West Contra Costa County Unified School District issued Request For Proposal
(RFP) #1112-03 for Vehicle Management Services
D. Staff report form the West Contra Costa County Unified School District awarding
the bid to EFM
E. Letter from West Contra Costa County Unified School District to EFM, extending
their contract and authorizing other municipalities or agencies who are interested
in utilizing their awarded contract
F. San Gabriel Valley Mosquito & Vector Control District's Staff Report dated January
13,2012
ATTACHMENT A
.\TASTER EQUITY l.t:ASE AGJH:F.MENT
This Master Equity Lease Agreement is entered into this twenly-fO\Jrth day of March, 2015. by and between Enterprise FM Trust, a Delaware
statutory trust (''Lessor"), and the lessee whose name and address Is set forth on the signature page below ("lessee'').
1. LEASE OF VEHICLES: lessor hereby leases to Lessee and Lessee hereby leases from lessor the vehicles {Individually, a "Vehicle" and
collectively, the "Vehicles') described in the schedules from time to l!me delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals
and on the terms set forth in this Agreement and In the applicable Schedule. References to this "Agreemenr shall Include this Master Equity Lease
Agreement and the various Schedllles and addenda to this Master Equity Lease Agreement lessor wm, on or about the date of delivery of each
Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will Include, among other things, a description of the Vehicle, the te~se term and
the monthly rental and other payments due with respect to the Vehicle. The tenns contained ln each such Schedule wilt be binding on Lessee unless
Lessee objects In writing to such Schedule within ten (10) days after the date of delivery of tile Vehicle covered by such Schedule. lessor is the sole
!ega! owner of each Vehicle. This Agreement Is a tease only and Lessee will have no right, title or lnterestln or to the Vehicles except for the use or the
Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state Income tax purposes with
Lessor having aU benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management Inc. or an affiliate thereof
(together with any subservlcer, agent, successor or assign as sofllicer on behalf of Lessor. "Servicer') may administer this Agreement on behalf of
Lessor and may perform the sefllica functions herein provided to be performed by Lessor.
2. TERM: The term of this Agreement ("nmn") for each Vehlcfe begins on tile dale such Vehicle Is delivered to Lessee (the "Delivery Date") and,
unless terminated earlier in accordance with the terms of this Agreement, continues tor the •·Lease Tenrl" as described In the applicable Schedule.
3. RENT AND OTHER CHARGES:
{a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments wil!
be In the amount listed as the ''Total Monthly Rental Including AddiUonal Services" on the applicable Schedule {w!lh any portion of such amount
identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet
Management, Inc.) and wHI be due and payable in advance on tha first day of each month. If a Vehicle is delivered to Lessee on any day other th<tn the
first day or a month, monthly rental payments will begin on the ftrst day of the next month. In addillon to the monthly rental payments. lessee agrees to
pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A porlion of each
monthly rental payment. being lhe amount designated as ~Depreciation Reserve" on the applicable Schedule. will be considered as a reserve for
deprecia!ion ilnd wut be crediled against the Oeliverod Price of !he Vehicle lor purposes of computing the Book Value of !he Vehicle under Section 3(c).
lessee agrees to pay Lessor the UTotal Initial Charges· set forth in each Schedule on the due date of the first monthly rental payment under such
Schedule. Lessee agrees to pay Lessor the "Service Charge Due at lease Termination" set forth ln each Schedule at the end of the applicable Term
(whether by reason of expiration, early termination or otherwise),
(b) In tho evont the Term for any Vehicle ends prior to the last day of tile scheduled Tenn, whether as a result of a default by lessee, a Casualty
Occurrence or any other reason. the rentals ~nd management fees paid by Lessee wlll be recalculated In accordance wlth the rule of 78's and the
adjusted amount will be payable by Lessee lo Lessor on the temlinatlon dale;
(c) Lessee agrees lo pay Lessor within thirty {30) days after the end of the Terrn for each Vehicle, additional rent equal to the excess, if any, of Jhe
Book Value of sucll Vehicle over the greater of (I) the wholesale value of such Vehlcla as determined by Lessor In good faith or (it) except as provided
below, twenty percent (20%) of the Delivered Prlce of such Vehicle as set forth in the applicable Schedule. If lhe Book Value of such Vehicle Is less than
the greater of (i} the wholesale value of such Vehicle as detormlnod by l.essof in good fal!h or (II) except as provided below. twenty percent (20%) of the
Delivered Price of such Vehicle as set forth In the applicable Schedule, lessor agrees to pay such deficleocy to lessee as a terminal rental adjustment
within thirty (30) days after the end of the applicable Tenn. Notwithstanding the foregoing, If (I) tho Term for a Vehicle Is greater than forty-eight (48)
months (Including any extension of the Tenn for such Vehicle), (li) tllo mileage on a Vehicle at the end of Um Term Is greater than 15,000 miles per year
on average {prorated on a daily basis) (i.e .. If the mileage on a Vehicle with a Term of thirty-six (36) monlhs Is greater !han 45,000 mites) or (iii) In the
sole judgment of lessor. a Vehicle has been subject to damage or any abnonnal or excessive wear and tear. the calculallons described in the two
immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentenco. The "Book Value'' of a Vehicle means the sum
of(!) the "Delivered Price" of tho Vehicle as set forth in the appllcabto Schedule minus (H) the total Depreciation Reserve paid by Lessee to Lessor with
respect to such Vehicle ill!!§. {iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle.
(d) Any security deposit of Lessee will be returned to Lessee at Jhe end of the applicable Teft'rl, except that the deposit will llrst be applied to any
Josse.s and/or damages suffered by Lessor as a result of Lessee's breach or or default under this Agreement and/or to any other amounts then owed by
lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid wl!hin twenty (20) days after !Is due date will accrue Interest,
payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to !11e Jesser of (i) Eighteen Percent (18%) per annum or (ii)
the highest rate permitted by applicable Jaw (the "Default Rate").
(f) If lessee falls to pay any amount due under thls Agreement or to comply with any of the covenants contained In this Agreement, Lessor,
Servicer or any other agent of Lessor may, at its optlon. pay such amounts or perform such covenants and all sums pa!d or incurred by Lessor in
connection therewith will be repayable by Lessee to lessor upon demand together with interest thereon at the Default Rate.
{g} Lessee's obligations to make an payments of rent and ot11er amounts under this Agreement are absolute and unconditional and such payments
shall be made In lmmed1ately available funds without setoff. counterclaim or deduction or any kind. Lessee acknowledges and agrees that nellher any
Casualty Occurrence lo any Voh!cto nor any defect, unfitness or lack of governmental approval in, of, or wl!h respect to, any Vehicle regardless of the
cause or consequence nor any breach by Enterprise Fleet Management. Inc. of any maintenance agreement between Enterprise Fleet Marmgernent,
Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from !he performance of any of its obligations under
this Agreement, including, wl!hout limitation, lhe payment of rent and other amounts under this Agreement.
4, USE AND SURRENDER OF VEHICLES: Lesse" agrees to allow only duly authorized. licensed and insured drivers to use and operate the Vehicles.
Lessee agrees to comply with, and cause its drivers to comply with, an taws. statutes. rules, regulations and ordinances and the provisions or au
Insurance poHcles affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of aU liens, charges and
encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any
illegal purpose or to pull trailers that exceed the manufacturer's trailer lowing recommendations. Lessee agroos that no Vehicle Is intended to be or will
be utilized as a ''school bus" as deflned in the Co<le of federal Regulations or any applicable state or municipal statuto or regulation. lessee agrees not
to remove any Vehicle from the continental United States without first obtaining Lessor's written consent, At the expiration or earlier termination of this
Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at Its risk and expense agrees to retu~ such
Vehicle to Lessor at such place and by such reasonable means as mi!y be designated by lessor, If for any reason Lessee falls to relum any Vetucte lo
Lessor as and when required In accordance wl!h this Section, lossee agrees !o pay Lessor additional rent for such Vehicle at twice the normal pro-rated
daily rent. Acceptance of such addillonal rent by lessor will In no way IJm!l Lessor's reme(l!es with respect to Lessee's failure to return any Vehicle as
required hereunder.
tmtwls EF/'.-f ___ C\!St __ _ Pugc I
5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay aU costs. exponses, fees, charges. nnes. tickets. penalties and taxes (other
than federal and stale Income taxes on the income of Lessor) Incurred in connection wl!h the tilling. registration. delivery. purchase. sale. rental. use or
'>peration of the Vehicles during the Tem1. It Lessor. Servicer or any ott1er agent of Lessor incurs any such costs or expenses. Lessee agrees to
promp!Jy reimburse Lessor for !he same.
6. LICENSE AND CHARGES: E-uch Vehicle wlll be titled and licensed In the name designated by Lessor at Lessee's expense. Certain other charges
relating to the acquisition of each Vehicle and paid or sallsfied by Lessor have been capitalized in determining the monthly rental. treated as an Initial
charge or otheiWlse charged to Lessee. Such charges have been determined without reduction for trade·ln, exchange allowance or other credit
attributable to any Lessor-owned vehicle.
7. REGISTRATION PLATES, ETC.: Lessee agrees, at Its expense,lo obtain In the name designated by Lessor all registration plates and other plates,
permits, inspections and/or licenses required In connection wilh tile Vehicles, except for tile lniUal registration plates which lessor will obtain at lessee's
expense. The parties agree to cooperQ\e anQ to furnish any and all information or documentation, which may be reasonably necessary for compliance
with the provisions of this Section or any federal. state or Jocall<~w. rule, regulation or ordinance. Lessee agrees thai it will nol permit any Vehicle to be
located in a state other than the ~late in which such Vehicle is then litled far any contmuous period of lime that would require such Vellicfe to become
subject to the lltl!ng and/or registration laws of such olher state.
8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
{a) Lessee agrees. allis expense. to (f) mainlain !he Vehicles in good condition, repmr. maintenance and running order and In accordance with aU
manufacturer's instructions and warranty requirements and all legal requirements and (li) furnish all labor. matenals. parts and other essentials required
for the proper operation arn:l maintenance of the Vell1cfes Any alterations, additions, replacement parts or Improvements to a Vehicle will become and
remain the property of Lessor and wm be returned Wl\h such Vehicle upon sucll Vehicle's retum pursuaniiO Sec!lon 4. Notwithslaflding the foregoing,
so long as no Event of Defau11 has occurred and h.> continuing, lessee shall have the right to remove any additional equipment Installed by Lessee on a
Vehicle prior to returning such Vehiclo to lessor under Section 4, Tho Value or such a!lemtians, additions. replncement parts and improvements will in
no instance be rogarded as ronl. Wilhout U1o prior written consent ol Lessor, Losseo will not make any allerations, ;;!ddl!Jons, replacement parts or
Improvements to any Vehicle which detract from ils economic value or fUn<;\iona! utility Lessor will nol be required to make any repairs or replacements
or any nature or description with res peel to any Vehicle. to ma!nlaln or repafr any Vehicle or to make any expend!tu(e whatsoever in connection with any
Vehicle or lhls Agreement
(b} Lessor and lessee acknowledge and agree that if Sec\lon 4 of a Schedule includes a charge for mainteriance. {1) the Vehide(s) covered by
such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management Inc. and Lessee and (ll) Lessor shall have no
!iabillty or responsibility for any failure of Enterprise Fleet Management. Inc to perform any of its obligations thereunder or to pay or reimburse lessee
ror Hs payment of any costs and expenses Incurred in connection Wl\tllllc mamtenance or repmr of any such Vehlc!e(s},
9, SELECTION OF VEHICLES AND DISCLA!ME:R OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCJI VEHICLE IS OF A
SIZE. DESIGN, CAPACIIY. IYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND
REPAIR AND IS SATISFACTORY IN All RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR
IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE
(b) LESSOR MAKES NO REPRESENTATION Oil WARRANTY OF ANY KIND. EXPRESS OR IMPLIED, WITH HESPECT TO ANY VEHICLE.
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION. MERCHANTABILITY OR FITNESS FOR ANY
"ARTICULAR PURPOSE. IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS:
WITH ALL FAULTS,~ All warranties made by any supplier. vendor and/or manufaclurer of a Vehicle are hereby assigned by Lessor to Lessee lor the
applicable Term and Lessee's only remedy, if any. is against the supplier. vendor ot rnam1facturer of the Vehicle,
{c) None of Lessor, Servicer or any other agenl of lessor will be liable to Lessee for any !iab\1/ly, claim, loss, damage (direct, incidental or
consequential) or expense of any kind or nature. caused directly or indireclly, by any Vehicle or any Inadequacy of any Vehicle for any purpose or any
defect (latent or paton\) in any Vehicle or the use or maintenance of any Vehicle or any repo1r. servicing or adjustment of or to any Vehicle, or any delay
in providing or failure to provido any Vehicle, or any Interruption or loss of service or uso of any Vehicle, or any loss of business or any damage
whatsoever and however caused In addition, nono of Lessor. Servicer or any other agenl o( Lessor w11J have any liabiHiy to Lessee under this
Agreement or under any order authoriza\IOn fonn executed by Lessee illessor is unable ro locate or purchase a Vehicle ordered by Lessee or for any
delay in delivery of any Vehicle ordered by lessee
10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of. theft of, damage to or destruction of ~my Vehicle from any cause
whatsoever ("Casualty Occurrence"), In the event of a Casually Occurrence to a Vehicle, Lessee shall glve Lessor prompt notice of the Casually
Occurrence and thereafter will pfaco tl)a applicable Vehicle in good repalr, condition and working order; provided, l)owever, thatlf tile applicable Vehicle
is determined by Lessor to be lost. stolen, destroyed or damaged boyoml repair (a UTota/od Vohlc/e"), Lessee agrees to pay Lessor no later than lhe
date thirty (30) days after the date of the Casually Occurrence the amounts owed under Sections 3(b) and 3(cl with respect to such Totaled Vehicle.
Upon such paymenr. this Agreement wfl! terminate w1th respect to such Totaled Vehicle.
11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at !east the amounts listed below covanng each
Vehicle. to be written by an insurance company or companies satisfactory to Lessor. inS\Jiing Lessee, Lessor and any other person or entity designated
by Lessor ngamst any damage. dairn. suit, action or liability
(i) Commer<;ial Aulomoblla Uabili\y Insurance (Including Uninsured!UnderinsurOd Motorist Coverage and No-Fault ProlecUon where required
by law) for \he lim1ts hs!ed below (Nate-55.000.000 Combmcd Single Umit Bodily lnrury and Properly Damage with No Deductible is required for
each Vehicle capable ol tmnspor1ing more til an 8 passengers).
StnJe or Vehicle Registration Coverage
Connecticut. MassachlJsetts. Maine, New Hamps!tJre. New
Jersey. New York. Pennsylvania. Rhode Island, and Vermont
Florida
$1,000.000 Combined Single Limit Bodily Injury and Property
Damage · No Deduc!ible
S500.000 Combined Single Limit Bodily Injury and Property
Damage or SlOO,OOO Bodily lr~UIY Per Person, S300.000 Per
Occurrence and $50,000 Property Damage (1001300/50) · No
Oeductlb!o
AU Other States $300,000 Combined Single Umil Bodily Injury and Property
Damage or $100,000 Bodily Injury Per Person. $300.000 Per
Occurrence and $50,000 Property Damage (100/300/50) -No
Deductible
(!i) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of S500 per
occurrence. Collision and $250 per occurrence· Comprehensive).
lmtwls EFM Cmt __ _ Pagel
If tho requlrements of any governmental or regulatory agency exceed the minimums stated In this Agreement, Lessee must obtain and maintain the higher
nsurance requirements. Lessee agrees that eC~ch required policy of Insurance will by appropriate endorsement or otherwise name Lessor and any other
person or enmy designated by Lessor as addil!onallnsureds and toss payees. as their respective interests may appear. F~1rther, each such insurance policy
must provide the following: (i} that tho same may not be cancelled, changed or mod1fied until after the Insurer has given to Lessor, Servicer and any other
person or entity designated by Lessor at teas\ thirty (30) days prior writlen notice of such proposed canCQIIation, change or modifica!ion, (ii) that no act or
default of Lessee or any other person or entity shall affect lhe right of Lessor. Serviccr, any other agent of Lessor or any of thelr respective successors or
assigns to recover under such policy or policies of Insurance in the event of any loss of or damage to ony Vehicle and {IIi) that the coverage is "primary
coverage~ for the protection of Lessee. Lessor, Servlcer, any other agent of Lessor and their respective successors and assigns notwithstanding any other
coverage carried by lessee, Lessor, Servlcer, any other agent of Lessor or any of tt1e1r respective succossors or assigns protectfng against similar risks.
Original certificates evidencing such coverage and naming Lessor, Servlcer. any other agent of Lessor and any other person or en!ily designated by Lessor
as additlonal Insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter t~nd/or as reasonably roquosted by
Lessor from time to time. In the event of default, Lessee hereby appolnls lessor. Servicer and any other agent of Lessor as Lessee's a\lorney-ln-factlo
receive payment of, to endorse all checks and other documents and to take any other ac\ions necessary to pursue insurance claims and recover payments if
Lessee falls to do so. Any expense of Lessor. Sarvicer or any other agent of Lessor in adjusting or collecting Insurance shall be bome by LcsscG.
Lessee, its drivers, servants and agents agree to cooperate fully with Lessor. Servlcer. any other agqnt of Lessor and any insurance carriers in the
investigation, defense and prosecution of all claims or suits arising from the use or operahon of any Vehicle. If any claim 1s made or action commenced for
death, personal injury or property damage resu\l!ng from the ownership, maintenance. use or operation of any Vehicle, Lessen will promptly notify Lessor of
such action or claim and forward to lessor a copy of every demand, nollce. summons or other process received in connection with such claim or action.
(b) Notwflhstandlng the provisions of SecUon 11(a) above: (i) if Section 4 of a Schedule inchJdos a charge for physical damage wcuver, Lessor
agrees that {A) Lessee will nol be required to obtain or maintain !he minimum physical damage insurance (coltlslon and comprehensive) required under
Section 11 {a) for the Vehicle(s) covered by such Schedule and (B) Lessor w!lt assume tho risk of physical damage (Collision and cornprehensive) to !he
Vehicle(s) covered by such Schedule: provided, however_ that such physical damage waiver shall not apply to, and Lessee shall be and remain Hable
and responsible for, damage to a covered Vehicle caused by wear und tear or mechanical breakdown or failure, damage to or loss of any parts.
accessories or components added to a covered Vehicle by Lessee without the prior written cons"ent of Lessor and/or damago to or toss of any property
and/or personal effects contained in a covered Vehicle. In the evenl of a Casualty Occurrence !o a covered Vehicle, lessor may, at its option, replace,
rather than repair, the damaged Vehicle with an equivalent vehicle. which replacement vehicle wit! then constiMe the 'Vehicle" for purposes of this
Agreement: and (H} if Section 4 of a Schedule Includes a charge for commercial automobile liability enrollment. Lessor agrees that it witt, at its expense,
obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability h'surance policy issued by an
insurance company selected by Lessor, commercial automobJJe liability Insurance salisfying the minimum commercial automobile liability insurance
required under Section 11(a) for the Vehicte(s) covered by such Schedule. Lessor may at any time during the applicable Term !erminate said obligation
10 provide physical damage waiver ancHor commefcia\ automobile liabihly enrollment and cancel such physical damage waiVer andfor commercial
automobile Habl!ily enrollment upon giving Lessee at least ten (10) days prior wrillen notice Upon such cancellation. Insurance 1n the minimum amounts
as set forth In 11 (a} shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by
Lessee to reflect any such chango and Lessee agrees to furnish Lessor wilh satisfactory proof of insurance coverage within len {10) days after mailing of
the notice. In addUlon. lessor may change the ratos charged by Lossar under this Section 11 (b) for physical darn ago waiver and/or commercial
automobile liability enrol!mMt upon giving Lessee a\ least thirty (30) days prior wrillen notice
12. INDEMNITY: To the extent perrnilted by stale law. Lessee agrees to defend and indemnify Lessor. Sarvicer, any other agent of Lessor and their
respectlve successors and assigns from and against any and on fossos. damages. liabllitlos, suits. claims. Oemands, costs an<J expenses (Including,
wilhoutllmilallon. reasonable attorneys' fees and expenses) which Lessor. Servlcer, any other agent of Lessor or any of !heir respective Sllccessors or
assigns may Incur by reason of Lesse~'s breach or violation of. or falture .to observe or perform, any \ann. provlsJon or covenant of this Agreement. or as
a result of any loss, damage. theft or deslructlon of any Vehicle or related to or arising out of or in connection with the use. operaUon or condition of any
Vehicle. Tho provistons or this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to aftect !he
rights. pnvileges. and immunities of Lessee and the foregoing indemnity provision is nol Jnlended to be a waiver of any sovereign immunity afforded lo
Lessee pursuant to the Jaw.
13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS; Lessee agrees to accornplislt at its expense. all
Inspections or the Vellicles required by any governmen!al authority during the Term. Lessor. Servicer, any other agent of Lessot and any or their
respective successors or assigns will have the right to Inspect any Vehicle at any reason11b!a time(s) during tho Term ar'd for this purpose to en!e( Into or
upon any building or place where any Vehicle Is located. Lessee agrees to comply wilh atf odometer disclosure laws, rules and regulations and to
provide such written and signed disclosure information on such fomls and in sudl manner as directed by Lessor. Providing false inlomta!ion or failure to
complete the odometer disclosure form as required by faw may result in fines and/or Imprisonment. Lessee hereby agrees to promptly deliver to Lessor
such financwt statements and other f1nancial informaiiOn regardrng lessee as Lessor may from lime to time reasonably request
14. DEFAULT; REMEDIES: T!lO following simi! consmute events of defau!l ("Events of Default") by Lessee under this Agroement: {a) if Lessee fails to
pay when due any rent or other amount due under th!s Agreement and any such failure shall remain unremedled for ten (10) days; (b) If Lessee fails to
pertorm. keep or observe any term. provision or covenant contained in Section 11 ofllus Agreement; (c) if Lessee falls to po1form. keep or observe any
other term, provision or covenant contained In this Agreement and any such failum shall remain umemcdied for thirty {:,\0) d~ys after written no\Tce
thereof is given by Lessor, Servlcer or any other agent of Lessor fo Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a
Casualty Occurrence) otherwise rendering any Vohlcte unsuitable for uso (as determined by Lessor): {e) If any present or futuro guaranty in favor of
Lessor of all or any portion of the obligalions of Lessee under this Agreement shall at any time for any re{!lson cease !o be in full force and effect or shall be
declared to be null and void by a court of competent jurisdiction. or if the valldity or enforceabillly of any such guaranty shall be contosted or denied by any
guarantor, or If any guarantor shalt deny thai it, he or she has any further liability or ob!lgalion under any such guaranty or if any guarantor shall fail to comply
with or observe any of tile terms. provisions or cond!Uons contained in any such guaranty; (f) the occurrence of a material adverse change in the financial
condition or bu~lnl;lss of Lesseo or any guarani or; or (g) if Lessee or any guarantor h;; ln default under or fails to comply wllh any other present or future
agreement with or !n favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc .. For purposes of this
Section 14, the term ''guarantor" shill! mean any present or future guarantor of all or any pott1on of the obtlga\Jons of Lessee under !his Agreement.
Upon the occurrence of any Event of Default, lessor, without notice. to Lessee, will have the right to exercise concurrently or separately (and wi\hou! any
otec!ion or remedies being deemed made), the fcllowmg remedies: (a) LGssor may demand and receive immediate possession of any or all of the
Vehicles from Lessee. witholll releasing Lessee from its obllgahons under this Agreeml:lnt; if Lessee falls to surrender possession of the Vehicles lo
Lessor on default (or tennina!ion or expiration of the Term), Lessor, Se1vlcer. any other agont of Lessor and any of Lessor's independent contractors
shall have the right to enter upon any premises where the Vehicles may be tocaled and to remove and repossess the Vehicles: (b) Lessor may enforce
oerformanca by Lessee of its obligations under this Agreement; (C) Lessor may recover damages and expenses sustained by Les-sor, Servlcer. any
>!her agent of Lessor or any of their respective successors or assigns by reason of Lessee's default ind~Jding, to !tie extent pemlil\ed by applicable law.
all costs and expenses, Including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or
any of their respective successors or assigns in attempting or effect!ng enforcement of Lessor's rights under this Agreement (whether or not litigation is
commenced) and/or In connection with bankruptcy or Insolvency proceedings; (d) llpon written notice to Lessee. Lessor may terminate Lessee's rights
lm!mls EF/\·1 ____ Cust __ _ 1'11gc 3
under this Agreement: (e) w1th res poet to each Vehicle. Lessor may recover from Lessee all amatmts owed by Lessee under Sections 3(b) and 3(c) of
!hiS Agreement (and, If Lessor does not recover possessiOn of a Vehicle. (I) the cslirnaled wholesale value of such Vehicle for purposes of Section 3{c)
1hall.be deemed to be $0.00 and (ii) the calculations described in the flr&t lwo sentences of Section 3(c) shall be made without giving effect to clause (ii)
jn each svch sentence); andtor (r) Lessor may exercise any other right or remedy which may be available to lessor under the Uniform Commercial
Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written noHce by Lessor to Lessee. Any tenninal!on
shall not affect Lessee's oblfgaUon to pay all amounts due fot periods prior to the effective date of such termination or Lessee's oblig~tion to pay any
mdemnll!es under this Agreement. All remedies of Lessor under this Agreement or at law or in equl!y are cumu!allve,
16. ASSIGNMENlS: Lessor may from Ume to time assign, pledge or transfer this Agreement and/or any or an of its rights and ob!ig~tions \lnder this
Agreement to any person or entity. lessee agrees, upon notice of any such assignmenl. pledge or transfer of any amounts due or to become due to
Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights
or obligations of Lessor under this Agreement will have all of the rights and obligations thai have been assigned to ft. Lessee's lights and Interest in and
to the Vehicles are and will continue at all times to be S!.Jbjecl and subordinate In all respects to any asslgnmenL pledge or transfer now or hereafter
executed by Lessor wlth or In favor of any such assignee, pledgee or lransreree. provided that lessee shall have \he right of quiet enjoyment of the
Vehicles so tong as no !;:vent of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any
assignee, pledgee or transferee in and to any amounts: payable by the Lessee under any provisions of this Agreement shall be absolule and unconditional
and shall nol be subject to any abatement whatsoever. or to any defense. setoff. counterclaim or recoupment whatsoever. whether by reasM of any damage
to or loss ot destrucUon of any Vehicle or by reason of any deleel In or failure of title of the Lessor or interruption from whatsoever cause in the usa. operation
or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever aris1ng of the Lessor or any of its affiliates to the Lessee
or to arty other person or enlily. or for any other reason.
Without the prior written consent of lessor, Lessee may not assign. sublease. transfer or pledge this Agreement. any Vehicle. or any interest in this
Agreement or in and to any Vehicle. or permit its rights under thls Agreement or any Vehicle to be Sllbjectlo any lien. charge or encumbrance. Lessee's
Interest In thls Agreement ls not assignable and cannot be assigned or transferred by operatlon of law. Lessee wlll not transfer or rel!nquish possossfon
of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior wrilten consent of Lessor.
16. MISCELLANEOUS: This Agreement contains tho entiro understanding of the parties. This Agreement may only be amended or mod1fied by an
!nstn,menl In wntlng executed by both parties. Leasor shall not by any act, delay. om!~&lon or otherwise be deemed to have waived any of !Is righls or
remedies undef this Agreement and no waiver whatsoever shall be valid unless in writlng and signed by Lessor and then only to tho extent therein set
forth. A waiver by Lessor of any right or remedy undor th!s Agreornont on any one occasion shall not bo construed as a bat lo any right or remedy.
w/llclllessor would othe1wise have on any future occasion If any tenn or provision of this: Agreement or any application ol any such term or provision is
invalid or unenforceable. the remainder of this Agreement and any other appllcatmn of such term or provision will not be affected thereby. Giving of all
notices under this Agreement will be sufficient if mailed by certified mail to a party at ils address set forth below or rt1 such other address as such party
may provide in writing from lime to time. Any such noUce mailed to such address will bo effective one {I) day after deposit in the Umtod Statos mail.
duly addressed, with certified mall. postage prepaid. Lessee will promptly notify Lessor of any change in lessee's address. This Agreement may be
executed In multiple counterparts {Including facsimile and pdf counterparts). but 1110 counterpart marked ~ORIGINAL n by Lessor w1ll be the original tease
for purposes of applicable law, AU of the representations, warranties, covenants, agreements a11d obligations of oach Lessee under this Agreem(!n\ (if
more than one) are joint and several.
17, SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lesseo and ils
1e1rs. executors. personal representatives, successors and assigns. and wmtnure to the benefit of Lessor, Servlcer, any other agent of Lessor and their
rospecl1va successors and assigns. This Agreement will be governed by and construed 1n accordance with the substanllve taws of the State of Missouri
{determined without reference lo conflict or law principles).
18. NON·PEl\TJON: Each party hereto hereby covenants and agrees that. prior to the date which is one year and one day after payment In full of aU
indebtedness of Lessor. It shall not institute against. or join any o!her person In Instituting against. Lessor any bankruptcy. reorganization. arrangement.
insolvency or liquidation proceedings or other similar proceeding under the taws of the Vnl1ed States or any slate of the Vnlted Stales. The provisions of
this Sectlon 18 shall survive termination of this Master Equity Lease Agreemenl
19. NON~APPROPRIAliON: Les:>ee's funding of th!s Agreement shaH boon a Fiscal Ye~r basis and Is subject to annual appropriations, Lessor
acknowledges that Lessee Is a municipal corporation, ls precluded by the County or State Constitution and olher laws from entering Into obligations that
financially bind future governing bodles. and that. therefore, nolhing in thls Agreement shall constitute an obligation of futuro legislatlve bodies or the
County or State to appropriate funds for purposes of !his Agreement. Accordingly, tho par11es agree !hal tho lease terms within this Agreement or any
Schedules relating hereto artl contingent upon appropriation of funds, The parties further agree that should the County or State fa1llo appropriate such
funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In oddilion. Lessor reserves the right to be
paid for any reasonable damages. These reasonable damages will be llmiWI to rho losses incurred by the Loss or for having to sell the veh1cles on tile
open used car market prior to the and of the scheduled term (as determined in Section 3nnd Section 14 of this Agreement)
IN WITNESS WHEREOF. Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and yoar first above written.
LESSEE City of Temple Cily
By:
Tille:
Address. 9701 Las Tunas Drive
Temple City, CA 91780
Dote Signed: ·-----·--
lmtwls EI'M ____ Cusl
LESSOR:
By.
By:
Title:
Enterprise FM TnJst
Enterprise Fleet Management, Inc .. its attorney m fact
Dan Simonellf
RSM
Address: 17210 S. Main St. Ste.103
Gardena. CA 90248
Date Signed
Pnge..J
SELF -INSURANCE ADDENDUM TO MASTER EQUITY LEASE AGREEMENT
(Physical D<lmagc and Liabilily)
·n,ts Addendum is mad.;-10 the Master Equny Ll.'nsc AgrecmcnJ dn\('d 1hc twcnty-fo\lrth duy of Murch, 2015,llS amended
(the "Agreement"), by and belwecn Enterpnse FM Trust, a Dclaw·.:~rc statutory tn1st t"Lcssor"}. nnd the lessee whose mm1c is set forth on the
stgnuurrc hnc below ("l.cssc~on
This Addendum IS attached 10 and lllitdc a part of the Agreement (mcludmg cad1 Sd11:Juk to the Agreement) All
capllaiiZCd terms used and not oJhcrwJsc dcfim•J herem shall have t!w rcsp~'Cttve mc;.mmg.s a~cnlwd w them m tlw Agrc~·nwnl
Notwtthstnnding the pmv1sions of Scciion I! of the t\grc~rnl.'nt Lessee shall be pcrmittcJ tu assume and sclf-tns\trc the
nsks set fonh m Sccnon ! I of the Agreement 11nU shall not t1c rcquircll\o purchase or rnamtnin nny imunmce pohcy of<my kind wnh rcspo;ct to
any Vehicle, provided howcwr, thut if uny f~·dcml, state, !ocul or other law, sl~tule. rule, rcgulntion or ordmuncc tl'qwrcs Lessee to maintmn any
amount of insurance wi!h respcc\1\J uny Vclm;lc, Lcs~ec shall purchatsc and mmnliWI :;uch atnOUJll of Insurance in the form ofnn insurance policy
which complies in all rc~pccts, uthcr than the mmnmt ofinsurmwc required, wrth Sccti~tn J I ofLhe Agreement
Notwithstanding the foregoing, if (1) Lessor, at nny time m its ~,;.oml failhjudgm("nt, is not snlrslicd with the condrtion,
prospects or pcrfommn~cs, financial or {l\hcrwi~e. of Ussce or (2) nny def.1tdt or event of ddhult occurs under the Agreement, tlmn Lessor may,
at 1L~ option, revokt: this Addendum und tcrmmatc \.c:;sec's rrghl to sclf·rn.~urc by providing Lessee with ut lens\ thirty (30} doys prior mitten
noticl.' thcn:t•f Upon the tcrmmatirm uf Less~~c·s rrght to sdf-rns1ne, L<.:~s~·e sh;rll comply m nil re~pccts \vrth Section I J of th~· Agreement
Exc\'P! ns amended hcrcby, nllthc tenns and prov1sions of the Agreement shnll rcmarn 111 full for'e nnd >:-ffcct ln the event
of any conOKt bctmco:n this t\ddendum and tho,; Agr~·cme-nt 1,)f any of the Sch('dulcs. ttw to:rms and PfO\'f~ions. of this 1\dd("ndum will govcm and
control
LESSEE Ctt) ofTempte Cny
--~----~-~---
Date Signed ~-------~ __ _
lnmals· EF~·l ___ Cus! __ _ Pag._, 1
LESSOR Enterpnse FM Tmst
Uy Entcrpns~· Fkct MBnagcment, Inc . rts nttorne~ m fact
-~--------
B~·:
Titk.
Dale Signed
O;m Simonetti
RSM
MAINTENANCE MANAGEMENT AND fLEET RENTAL AGREEMENT
This Agreement is entered Into as of the twenty·fourlh day of March, 2015, by and between Enterprise Fleet Management. Inc .. a Missouri
corporation, doing business as "Enterprise Fleet Managamenr ("EFM"), and Ci!y of Temple City {the "Com pony").
WITNESSETII:
I. ENTERPHISE CAHDS: Upon request from the Compuny. EFM \\'ill provide a drivl.'r inl(~rmation puckct outlining its vchlclc
mninh.'nancc program (the "Progrtmf') and n card ("Card") tbr cuch Compnny vehicle included in the Company's request. All
drh•crs of vehicles subje-ct to this i\grccrncnt must be a rcprC$Cill:Hi\'!: uf the Comp<'~ny. ils :-~ubsidiMics or affiliates. t\11 Cards
issued by EF~I upon request of the Compnn} shall bt:-subject to the te-rms of this Agreement and the rcspom>ibilh) of the
Company. All Can.b shall bear nn expiration Jntc.
Cards issued to the Company shall be wwd by the Company in nccordam:c \Yith this Agreement ;md limited solely to purchases of
certain products and scrvkes lbr Company n:hich:s. which arc included in the Program. The Program is subject to all othcr EFM
instructions, rules and regulations which may be revised n·om time 1.0 time by EFM. Cards ~IHtllrcmain the property ofEFM nnd
rcturncU to EFM upon cxpira\il)n or cuncel!ution.
2. VEHICLE REPAIRS ANI) SERVICE: EF~·l will provide purchase order control by phone or in writing authNiting charges
fOr n:pairs nnd SCI'Vicc o\·r.·r $75, o1· SlH.:h othl.?r nmount as rnny be established by EF\1 from time to lime under the Progrom. All
charges for rcpuirs anJ s~rviccs will bl' in\tlkcd to EF:\1. Invokes will be reviewed by EF~,I !i"Jr acctmlC). proper applkation of
potential manul~ll:turer'!i w<uTantics, applil:atiun nfputcntiul distount~ and unnecessary, unauthoritt.:d repairs.
Notwithstanding the nbovc. in the event the rcpnirs and service arc the rcsull of damage fi'om an accident or other non-
mnintenuncc related cause (including glass claims), these matters will be rciCrred to the Company's Fleet Manugl..'r. If the
Comp<my prefCrs thut EHvl handle the dam<Jgc-repair. the Compuny agn~es lo nssign the w:lmini~tration of' the mn\lcr to EFM.
EF~'' will udrniniswr such claims in its discretion. The ICes f(u· this service will be up tn $125.00 per claim ;.md the Company
ngrccs to reimburse J()r repairs as oulli ned in this agrccmcnl. I r thl' Company dcsir<.·s the ussiswncc of EFM in recovering damage
amounts from at fault third parties, a Vchklc Hh;k i\·lanagcmcnl t\grccment must he on file for the Cumpan) .
.3. BILLING AND PAY1\·IENT: All audited invoices paid by EFivl on bchalfnfthc Company H-ill be consolidated 3nd submitted
to the Com pan)' on <1 single monthly im okc fi.1r th(.' entire Company nect covered under this Agrcl"nH . .'nt. The Company is liable
for, and will pDy f:F~·I within ten (10) days alkr receipt ofun imuicc ur :-;tntcmenl for, all pureha:-cs invoiced to the Company by
EFM, which were puiU by EFM for or on bchnlr o I' the Company. EFM will be entitled to retain for its own n<.:c~Hmt, anJ tr~·at as
being paid by EFI\.1 !Or ptwposes or this Agreement, any discounts it receives Ji·om <I supplier with respect to such purchases
which nrc based on the overall volume of business EFtvl provides to such supplier and not sole-ly the C'ompan(s business. EFM
will exercise due care to prevent mldiliorwl charges fhlln being incum:J once the Compuny 1m~ notillcd EFM uf ils desire to
cam:cl any outstanding Card under this Agreement. The Company will usc its best effOrts tn ~Jbtaln nnd return any such cnncclled
Caru.
4. RENTAL VEHICLES: The Card will au.thori7.C the Company's rcprcs\.·ntati\'e to arr;Jngc-for rental vehicles \\'ith a suhsidiary or
Enterprise Rcnt·t\·CJr Company for a maximum of two (2) dnys without prior authorization. Extensions beyond two (2) days
must be grnntcJ b) an l·:Fr-..1 representative. The Company nssumc-s all responsibility liJr <Ill n:ntal agreements arranged by EHvl
with a subsidinry of FnllTprisc Rc-nH\·Car C0mpan~ through an EFl'v1 reprc;;;entative or through the usc of the Card. All t.lrivers
must be at le-ast 21 yenrs of age, hold u \tllld driver's liccmc. be an t•mplo~ Cl' of the Compan~ or authorized by the Compnn~
lhrough established reser\"atlon proccdurrs and met.:! other applicable requirements oJ' tht.: applict1blc suhsidiar~ of hllerprisc
Rcnt-A~Cnr Company.
5. NO WARRANTY: EFM MAKES NO REPRESENTATION OR \Vi\RR,\NTY OF ANY KIND, EXPRESS OR I~II'L.IED,
WITH RESPECT TO PRODUCTS. REPAIRS OR SERVICES PROVIDED 1'01( UNDER TillS AGREEMENT ll Y THIRD
PARTIES. INCLIJDINO, WITI!OLIT LIMITATION, ;\NY REI'HESENTATION OR WARRANTY 1\S TO
MERCHANTABILITY. COMPLIANCE WITH SI'ECIFICc\TIONS. OPERATION. CONDITION. SUITABILITY,
PERFOR/vf1\NCE. Ql.J,\LITY OR FITNLSS FOR USE. Any defect in the pcrfOrnwnc-c of an) product. repair or scn·ice will not
rc!iC\'L' the Compan) /'rom its oblig;Jtions under this AgrecnH:nt. induJing without limitatilm the payment to EF~·I or monthly
invoices.
6. CANCELLATION: EitlH~r party m<l)' ccmccl an) Card under this Agrc~.·mcnt or this t\grc-cmcnt in its entirety at nny time by
giving written notice to the other party. Tht: cancdl<~lion or any C'zll'd or termination of this 1\grecmcnt \viii nol a!Tccl any rights
or obligations under this Agrcemr-nt, whieh shall have previously accrued or shall thcrcttlict· arise with t·cspcct to an)' occurrence
prior to such cancellation or tcrmintllion. t\ Curd shull be immcdintely rclurncd to EFM upon cancellation lO: Entcrpris~,.• Fleet
lml!illS rfl\t l'ugc l
Management, 600 Corporate Park Drive. St. Louis. MO 63105. Atlcntion: Enterprise Card Dcpanment Notice to EF~vl regarding
the cancellation of an}' Curd shall specify the Card nlmlbcr and identifY the Company's representative. In the case of a terminated
representative, such notice shall include a brief description of the efforts made to reclaim the Card,
7. NOTICES: All notices or cancellation or termination under this Agreement shall be mailed postage prepnid by registered or
certified mail, or se-rlt by express overnight delivery service. to the other party at i!s address set forth on the signature pugc of this
Agreement or at such other address as such party may provide in writing from tlmc to time. Any such notice sent by muil will be
effective three (3) days aflcr deposit in the United Stutes mail. duly addressed, \ViLh registered or certi-fied mrdl postage prcpuid.
Any such notice sent by cxp1·css overnight delivery service will be effective one (I) day atlcr deposit with such delivery s-ervice.
duly addressed, with delivery ICes prepaid. The Company will promptly no til)' EFM or any change in the Company's address.
8, FEES: EFM will charge the Company for the :-;ervicc 110dcr this Agreement SS.OO per month per Card, plus a one time scH1p ICc
of$0.00.
9. l\-HSCELLANEOUS: This Agreement may be-amended only by an agrl'crncnt in writing signed by EFl'vl and the Comp~my.
This Agreement is governed by the substantive laws of the State of Missvuri (determined without reference to conflict or law
principles).
IN WITNESS WHEREOF, EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and
year first above written.
Company: City ofTemplc City
By:
Title:
i\ddl'ess: 970 I Las Tunas Drive
Temple City, CA 91780
Date Signed: _________ ~, __ _
EFM:
lly:
Title:
Enterprise Fleet Management, lnc.
Dan Simonetti
RSM
Address: 17210 S. Main St. Stc.JOJ
Gardena. CA 90248
Pag~ 2
MAINTENANCE A<JREEMENT
This Maintenance Agreement (this "Agreement'} is made and entered into this twenty-fourth day ot March, 2015, by Enterprise Fleet Management,
Inc .. a Missouri corporation ("EFM"). and City of Temple CJty ("lessee").
WITNESSETH
1. LEASE. Reference ls hereby made to that certain Master Equity Lease Agreement dated as of the twenty-fourth day of March, 2015. by and
between Enterprise FM Trust. a Delaware statutory trust. as lessor ("lessor"), and Lessee. as lessee (as the same may from lime to lime be amended,
modified, extended, renewed, supplemented or restated, the 'Lease"). All capitalized terms lJsed and not othe1wise defirwd In this Agreement shall have
the respective meanings ascribed to them In the Lease.
2. COVERED VEHICLES. This Agreement shall only apply to !hose vehicles le<~sed by Lessor to Lessee pursuant to the Lease to the e;.:tent Section 4
of the Schedule for such vehicle includes a charge for maintenance {the "Covered Vehicle{s)').
3. TERM AND TERMINATION, The tem1 of this Agreement (''Term") for each Covered Vehicle shall begin on the Delivery Date of such Covered
Vehicle and shall continue until the last day of the ''Term" (as defined in the Lease) for such Covered Vehicle unless earlier terminated as set forth
below. Each of EFM and Lessee shall each have the right to lermlnate this Agreement effective as of the last day of any calendar month witll respect to
any or all of the Covered Vehicles upon not less than sixty (60) days prior written notice to the other party. The termination of this Agreement with
respect to any or all of tim Covered Vehicles shall not affect any rlghls or obligalions under this Agreement which shall have previously accrued or shall
!hereafter arise With respect to any occurrence prior to termination. and such rights and obligations shaH conUnue to be governed by the terms of this
Agreement.
4. VEHICLE REPAIRS AND SERVICE. EFM agrees that, during the Term for the applicable Covered Vehicle and subject to the tenns and conditions
of this Agreemenl, it will pay for, or reimburse Lessee for Its payment of, all costs and-expenses incurred In connection with the maintenance or repair of
a Covered Vehicle. This Agreement does not cover, and Lessee will remain responsible for and pay for, (a) fuel, (b) oil and other fluids between
changes, (c) lire repair and replacement, (d) washing, {e) repair of damag·e due to lack of maintenance by Lessee between scheduled services
(including, without limitation, failure. to maintain ttuid levels). {f) maintenance or repair of any alteralions to a Covered Vehicle or of any after-market
components (this Agreement covers maintenance and repair only of the Covered Vehicles themselves and any factory-installed components and does
not cover maintenance or repair of chassis alterations, add-on bodies (Including, without limitation, step vans) or other equipment (including, without
limitation, lift gates and PTO controls} which is installed or modified by a dealer. body shop, upfitler or anyone else other than the manufacturer of the
Covered Vehicle, (g) any service and/or damage resulting from, related to or arising out of an accident. a collision, theft, fire, freezing, vandalism, riot,
explosion, other Acts of God. an object striking the Covered Vehicle, Improper use of the Covered Vehicle (including, without limitation. driving over
curbs, overloading, racing or other competition) or Lessee's failure to maintain the Covered Vehicle as required by the Lease, {h) roadside assh;;tance or
towing for vehicle maintenance purposes, (I) mobile services, (j) the cost of loaner or rental vehicles or {K) If the Covered Vet1lcle is a truck, (i) manual
.ransmission clutch adjustment or replncement, (ii) braKe adjustment or replacement or (Ill) front axle alignment. Whenever it Is necessary to have a
Covered Vehicle serviced, Lessee agrees to have the necessary work pertormed by an authorized dealer of SlJCh Covered Vel1icle or by a service facility
acceptable to EFM. In every case, if the cost of such service will exceed $50.00. Lessee must notify EFM and obtain EFM's authorization for such
service and EFM's instructions as to where such service shall be made and the extent of service to be obtained. Lessee agrees to furnish an invoice for
all service to a Covered Vehicle, accompanied by a copy of the shop or service order {odometer mileage must be shown on each shop or service order).
EFM will not be obligated to ·pay for any unauthorized charges or those exceeding $50.00 for one service on any Covered Vehicle unless Lessee has
complied with the above tenns and conditions. EFM will not havo any responsibility to pay for any services in excess of the services recommended by
the manufacturer, unless other.v!se agreed to by EFM. Notwithstanding any other provision or this Agre-ement to the contrary, (a) all serviCe perfonned
within one hundred twenty (120) days priOr to the last day of the scheduled 'Term" {as defined In \tie Lease) for the app!lcable Covered Vehicle must be
authorized by (!.nd have the prior consent l:lrid approval of EFM and any service not so authorized will be the responsibility of and be paid for by Lessee
and (b) EFM is not required to provide or pay for any service to any Covered Vehicle afte-r 100,000 miles.
5. ENTERPRISE CARDS: EFM rnay, at its option, provide Lessee with an authorization card (the "EFM Card'') for use in authorizing the payment of
charges inClJrred in connection with the maintenance of the Covered Vehicles. Lessee agrees to be l!abte to EFM for, and upon receipt of a monthly or
other statement from EFM, Lessee agrees to promptly pay to EFM. all charges made by or for the account of Lessee with the EFM Card (other than any
charges which are the responsibility of EFM under the terms of this Agreement). EFM reserves lhe right to change the terms and conditions for the use
of the EFM Card at any tlrne. The EFM Card remains the property of EFM and EFM may revoke Lessee's right to possess or use the EFM Card at any
Ume. Vpon the termination of this Agreement or lJpoo the demand of EFM, Lessee must return the EFM Card to EFM. The EFM Card Is non·
transferable.
6. PAYMENT TERMS. The amollnt of the monthly maintenance fee wil! be listed on the applicable Schedule and will be due and payable In advance on
the first day of each month. Jf the first day of the Term for a Covered Vehicle Is other than the first day of a calendar month, Lessee will pay EFM. on the
first day of the Term for such Covered Vehicle, a pro-rated maintenance fee for the number of days that the Delivery Date precedes the first monthly
maintenance fee payment date. Any monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within
twenty (20) days after Its due date will accrue interost, payable upon demand of EFM. from the date due until paid in full at a rate per annum equal to the
lesser of (i) Eighteen Percent (18%) per annum or (ii) tho highest rate -allowed by applicable Jaw. The monthly maintenance lee set forth on each
applicable Schedule allows U1e number of miles per month as set forth in such Schedule. Lessee agrees to pay EFM a! the end of the applicable Term
(whether by reas.on of termination of this Agreement or otherwise) an overmHeage maintenance fee for any miles in excess of this average amount per
month at the rate set forth In the applicable Schedule. EFM may, at !Is option, permit l.essor, as an agent for EFM, to bill and collect amounts due to
EFM under this Agreement from Lessee on behalf of EFM.
7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but ralher EFM
arranges for maintenance and/or repair services on the Covered Vehicles to be performed by third parties. EFM MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND. EXPRESS OR IMPLIED. WITH RESPECT TO ANY PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER
THIS AGREEMENT BY THIRD PARTIES, INCLUDING. WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY,
PERFORMANCE OR QUALITY. ANY DEFECT IN THE PERFORMANCE OF ANY PBODUCT, REPAIR OR SERVICE WILL NOT RELIEVE LESSEE
OF ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER
CHARGES DUE UNDER THIS AGREEMENT.
lniltals; EFM Cust~~-Page 1
8. LESSOR NOT A PARTY. Lessor Is not a party to. and shall havo no rights. obligations or duties under or in respect of. th1s Agreement
'· NOTICES. Any not1ce or other communication under this Agreemen\ shall be in writing and delivered in person or sent by facsimile, recognized
.Jverntght cowier or registered or certified mail. return receipt requested and postago prepaid, to the applicable party at its addre~;;s or f<u;;simi!e number
set forth on the signature page of this Agreement, or at such other address or facs1mde number as any party hereto may designute as 1!s address or
facsimile number for communlcahons under this Agreement by no\ico so given_ Such notices shall be deemed effect1ve on the day on which delivered or
sent if delivered in person or sent by facsimile, on the first {1sl) busmoss day after the day on which sent 1f sent by rocogniwd overnight courier or on
the third (3rd) business day after tho day on which mailed. if sent by reg!slored or certified maiL
10. MISCELLANEOUS. This Agreement embodies the enllre Agreement between the parties relating to the subject matter hereof. This Agreement may be
amended only by an -agreement In writing signed by EFM and lessee. Any provision ol this Agreement which is prOhibited or unenforceable in any
jurisdiction shall, as to llUch jurisdiction. be ineffective only to the extent of such proh1l>ition or unenforceabilily without invalidating U1e remaining provisions of
thiS Agreement or affecting the va!idlly or enforceability of such provlsions ln any other junsdlc!ion_ This Agreement shall bo binding upon and inure to the
benefit of the parties hereto and their respectlve successors and assigns, except lha! lessee may not assign. transfer or delegate any of its rights or
obllgaHons under this Agreement without the prior written consent of EFM This Agreement shall be governed by and construed In occordance with the
substantive laws of the State of Missouri (without reference to conflict of law principles)
IN WITNESS WHEREOF. EFM and Lessee have executed this Maintenance Agreement as of the day and year first above written
LESSEE: City of Temple City
By
Title
Address: 9701 Las Tunas Drive
Temple Clly, CA 91780
AttonHon:
Facslrnile No.:
Date Signed:
Cus!_·~--·
EFM: Enterprise Fleet Management, tnc
By Dan Simone!U
TiHe RSM
Address: 17210 S. Main St Ste.103
Gardena, CA 90248
Attention:
Facsimile No.:
Date Signed
Pnge 2
::l~li~il~. •r•lt1 :h'd::l~~ IIIA'•'<:Htl~~~~~:t~4· • . • • ~ ,,:.1:.11111.,.•"~1•1-!J
1) The undersigned applicanVbuyer ('Applicant'} represents th.al the information given 111. th1s app!ICB\Ion IS complete and accurate and authorizes Card Issuer to
check with credit reportmg agencies. credit references and other sources di~c!osed to conf1rm Information grven, 2) Applicant requests a bus1ness Charge
account if approved ror credit, and one or more business charge e<1rds from the card 1ssuer. wh1ch 1s Wright Express F1nanc1al Serv1ces Corporation ('Card
Issue(); 3) Applicant agrees to the terms and condihons set forth in the BUs1ness Charge Account Agreement provided with this applicahon and/or prov 1ded w1th
tile busmess charge card(s}. Use of any card issued pursuant to thts application conftrms Apphcanrs agreement to satd terms and conditions. 4)1f this Account
tS for a partnership or a propnetorshtp, a partner or princtpal must stgn this application and the undersigned's personal credn Will be used in rnakmg a credtt
deCISIOn and they hereby authOnze Card Issuer to obta1n a consumer report In the event that \Ius apphcalion is dented based upon informahon contained in a
consumer credl! report of the understgned, they <tuthonze the C<trd Issuer to report the reason for the denial to the Applicant Direct \nquines of businesses
where llle undersigned matntalns accounts may also be milde, 5) Applicant agrees thatmtne event the account is not patd as agreed. Card Issuer may repor1
the undersigned's !Jabilt\y lor und the status of 1110 account to credtl bureaus and others who may lawfully recetve such tnformatton 6) By prov1dmg the phone
numbers below, you authonze us to contact you at any of these numbers regarding liltS npp!JC.at10n or ;;~ny account opened as a result of this apphca!ioi"\ If you
have any questions regard1119 \h1s application, please call 1·888·3 13·9992
Full legal Company Name of ApphcanVBuyer
City of Temple City
rPnOn-.-,--------.--.--------..c--;;-----~---i
I Fax#
/6!6-285-2171 626-285-8192
Wnte company nama as you wtsh 1\to appear on cards ltmtl of 20 characters mcludmg spaces Unless speclfted no company name w1ll appear on cards
DDDDDDDDDDDDDDDDDDDD
DBA or AKA I Subs1d1ary of
~-----~~~~~~~~---~-~~~~~~~~~~~~~~~~~~~~
Headquarters Name. Phystcat Address and Phone tl (Do not mc!udc PO Box) SIC Coda or Type of Business
Applicant's Taxpayer 10 II (TIN. FEIN or SSN)
-,--c-~-------~---cc---------·~--~~----,-=--.--~----1
-
Btl!tng Contact _j Billing Address I Ctty J State J :~~~"
f.--------------
1
_9::_7c..:Oc..:1c..:L:.:a:.:sc..:T:.:u:.:na::_s:_D::.:.:rivc..:e:_ _______ L...:Teimple City _____ ! CA_[_!J1_780
Pnnclp<t1[s)!Aulhonzed Offtcer[s) Tlt!e(s) -
'
I '" BvS>oess Smce (yyyy) I Yea> of lncocpo<af>on (yyY\') -----------r,;sc;,yea;-SI;;t;.;;;;;;--
Choose Card Type(s) . ~·--------~T~v~ Monthly Fuel Expend1tvres Nurnbcr of Vehicles -~
DAti Fuel Only OAH Unrest~'"::"::d:__-:D:-s::o::m~e:_o::'_:•::'::cl:_' _t_:l $:__ __________ .. ·-· ___ _j_ ___ ·--·-·-~-------------j
Complete this Section Accurately, Select One: 0 Corporation 0 Partnership D Proprietorship OPCorPA 0 LLC
Is this account for a comp;my that has been Incorporated less than three years, a partnership, a proprietorship, a professional corporation
or association, or a limited liability company? D No DYes (If YES, complete and attaeh the Personal Guaranty on page 2,)
1 Dcsrgnii\e the person au!henzed to receive all charge cards, reports. and other such informal,on we provtde !Tom time to llme and to take acttons Wl\h mspect to
your account and <tCCOuflt access This is also the person destgnated by your company to provtde all !lee\ vehtcJC:. driver and other information we may request
By Stgmng below, you also (1) des•gnate representat,ves from your card program.sponsor ("'Sponsor .. ) to have access to your account informahon tn order to
facJh\ale customer servtce and account malnlen<Jnce requests on your beoholf, and [11) author1ze the Card Issuer Ia accept account maintenance reQuests and
other mslrucuons from Sponsor on your behalf
------~------------_A~u-t-ho __ "'cecdcC-o_"~'-"_'~Nc•~"_'·-~----~--,-----·--,I_T_'"_'__ ~----·-------JPh~ne t1 fa:t t1
f-'-''_'_'"_'9_A_d_d_•_•'_'~'-''~"-''_''_'_'"_'_'_'o_m_"'_"_'"_9_'_d_d_"_'_'~' ______ ~_" __________ ·:_ ----~~-----~--~.--~~~-_-_~ -_ -_:l:s:t•:·~·~::z~,-·~·~,~~~~~~-
Ema11 address
0 Check here tf busmess 15 exempt from motor fuels tax (sates representative wtll provlde t:"~rth~'::'~d~e~la:'=''~) ------------------
INFORMATION SHARING DISCLOSURE: Enterprise FteQ\ t·tlanagement. Card Issuer or tiS Affiliates may. \o the extent allowed by law, share 1nformat1on
disclosed by or generated as a resull of this application to each other, and to merchants accepting the-card In addt!Jon, 1nfo1mation regarding your transactwns
may be provided to ac.ceptmg merchants or their sef'<ice prov1c1ers lo factlita\e dtscounl9 or other promotional campatgns ol•nterest to you
Program Costs: $40.00 one·tlme account setup fee, plus $2.00 per card, per month.
Instructions: Complete and sign application. To speed processing, fax your application to us at
Any person
autllonzed
S1gnature
X
AUTHORIZED SIGNATURE REQUIRED
on behalf of a business attests that the Applicant is a valid business enhly. that. tf applicable. !he execution of this app!icatton has been duly
actton of Applicant's body, and thai the understgned ts authoflzed to make lhts applicatiOn on Appllcanl's oeflalf
Dale Print Name Tttle
fnltia!s Plas\1c Type
ENTX
coupon Code: Account Numb.er
0463
..Jf bank complies wl!h federo! Jaw which requtres aU financtal nJSitluttons to obtain, venty and record Information that tdenlifJes each company or pe1~on wt1o opens an
account Whatlhts means for Appllcant. when Applicant opens an account. Card Issuer WJII ask for Applicant's name. address. date of birth, and ~ther mforrna11on that will
allow card Issuer to ldenhfy Applicant. Card Issuer may also ask to see App!lcant's driver's hcense or other ldent1fytng documents for Applicant's busmess
63APPDSM{2111l
ENTERPRISE FLEET MANAGEMENT/WRIGHT EXPRESS ACCOUNT APPLICATION -
c:•ntd
Complete the Personal Guaranty below only If this account Is for a:
Company that has been Incorporated less than three years,
Partnership,
Proprietorship,
Professional corporation or association, or
Limited liability company.
PERSONAL GUARANTY {SEE ABOVE)
In consideration or Card Issuer financing purchases under the Business Charge Account Agreement (as the same may hereafter be modified, exlended or
amended, "the Agreemenl''}, the undersigned guarantor ("Guarantor<) hereby agrees to unconditionally personally guarantee payment and performance l1nder
any account Qstabllshad pursuant to this application, of any obllgollon of Applicant to Card Issuer or any assignee of Card Issuer, in the everlt the above
Appl!canl falls to do so. This is a guaranty of payment and not merely of collection. Guaranfor agrees to pay, upon demand, any amount owed by Applicant to
Card Issuer and due undet the Agreement, Card Issuer shaH not be required to lnHiata any action against. nor exhaust any remedies with ruspect to Applicant
or any other guarantor prior to making demand upon Guarantor. Guarantor hereby waives any notices regarding Applicant's account or this guaranty and
r;~grees that this guaranty shall be applicable untirfhe Agreement has terminated and all amounts due have been paid !n full. Guarantor agrees thalln the
event the account is not paid as agreed, Card IsSuer may report Guarantor's liabllity for and the status of the account to credit bureaus and others who may
lawfully receive such informa\!on Guarantor hereby agrees that Card ISSl!er may extend the tune lor payment and release any other security for the
agreemenl Wllhout affecting many way the obligations of Guarantor GuaraNor waives any and all suretyship defenses Personal cred1t of Guarantor Will be
used in making a credit decis1on and Guarantor hereby authonzes Card Issuer to obtain a consumer credit report of Guarantor Direct inqumes of busmesses
where the undersigned mamtains accounts may also be made In the evontlh1s application is denied based upon information in a consumer creditmport of
Guarantor, Guara~jgr a\i!honzes the Car9 Issuer to report the reason lor the denial to Applicant
Guarantor's Signature I Pnot Nome Dale of B1rth Social Socuoty No
X
Guarantor's Residential Address-street, city, slate, z1p (Do not include PO Box) Phone II Date (mrnddyy)
• • • l. Opportunity U I Sales Code ~4-Dlgit Branch Code I Enterprise lni!!ats Plastic Type Coupon Codo Account Number
ENTX 0463
G3 APP DSM (2111)
-----------------------------------
TELEMATICS SERVICES AGREEMENT
As of this 27~ day of February, 2014, (the "Effective Date") the parties below have agreed to the
following Telematics SeNices Agreement (the "Agreement"), to be effective upon the execution the tater of
the Effective Date of this Agreement and the following agreement(s) between the parties.
[select any or all that apply]
([8'1) Master Equity Lease Agreement (with schedules). dated February 27. 2014.
Master Walkaway Lease Agreement (with schedules), dated '20
WHEREAS, Enterprise Fleet Management. Inc. ("EFM") now offers in-vehicle telematics products
and seNices (the "Tetematics Bundle(s)") and EFM is willing to make the Tetematics Bundle available for
purchase. installation and use by Customer, as defined below, consistent with the terms of this Agreement:
and
WHEREAS, the undersigned (the "Customer") desires to purchase, have installed and use the
Tetematics Bundle as consistent with the terms of this Agreement: and
NOW THEREFORE, in consideration for the mutual promises contained herein, and for such other
good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties
agree to the following.
1. Telematics Bundle, Notice, Ownership, Access and Release. The Te!ematics Bundles
shall require the Vehlcle(s), as defined below, to be equipped with a global posilioning system (GPS) device
and other tetematics systems which may include hardware material and imbedded software to provide the
Telematic Bundles seNice to Customer and EFM. The Vehicle shall also be equipped with an Event Data
Recorder (EDR) or similar technology installed for the purpose of recording, compiling, synthesizing,
reading, interpreting and transmitling data about the condition and operation of the Vehicle(s) to Customer
and EFM. The Telemalics Bundles will record certain driving activities or actions, locations traveled and
mileage driven as well as other Vehicle mechanical and operational data. By !heir signatures below. each
party acknowledges that such systems utilize cellular telephone and/or radio signals to transmit data and
communication and. therefore, privacy cannot be guaranteed and is specifically disclaimed as a condition of
this Agreement and as a condition to receiving the Telematics Bundle from EFM. EFM shall use, and have
access to store and use, all Vehicle information generated as a result of the use of Telematics Bundles.
Customer acknowledges that such data and information may be recorded and that EFM shall be entitled to
access and use !he same at its sole discretion. EFM shall be considered the owner of all such information
and Customer hereby assigns any and all right and interest in the same to EFM in further considerntion for
this Agreement. Customer releases EFM, operator of the telemalics system. software provider. wireless
carrier(s) and other suppliers of components and/or services and their respective employees, officers,
directors and agents from any damage (Including incidental and/or consequential damages) to persons
(including without limitation Customer) or property caused by failure of the lelematics system to operate
property. Third party seNice provtders are not agents of employees of EFM and EFM shall have no liability
or responsibility with respect to the acts or omissions of those parties.
2. Vehicles. This Agreement shall only apply to those vehicles (i) leased to Customer by an affiliate of
EFM in which EFM is seNicer under such tease or (ii) owned by Customer, provided that Customer has a
valid Master Walkaway or Equity Lease Agreement (with schedules) in force with an affiliate of EFM.
3, Installation and Warranty. Customer shall pay EFM $99 for the initial installation of the
Tetematics Bundles in each Vehicle. EFM and Customer shall agree on an acceptable time and location for
inslallation of the Telematics Bundles. Failure by Customer to appear at the agreed upon installation lime
and location (with a 1 hour grace period) shall result In additional installation charges imposed by EFM and
payable by Customer prior to installation. The Telemalics Bundles shalt be activated upon installation.
Replacement installation costs to Customer for any item not being replaced due to standard equipment
warranty shall be $99. Under no circumstances shall Customer modify, install or deinstall the Telemallcs
Bundles in any Vehicle without the prior written consent of EFM. The hardware and associated equipment
installed on the Vehicle to support the Telemalics Bundles shall carry a one (1) year limited warranty from
date of installation. Warranty terms and conditions shall be those as provided by the hardware and
equipment manufacturer(s) at the lime of installation.
l
4. Training. EFM and the third party service provider shall provide Customer and its
employees with training and support materials on the functionality and use of the Telematics Bundles. At all
times. Customer shall utilize commercially reasonable efforts to care. adhere to the training and care
materials provided by EFM and its third party service providers for the Telematics Bundles and Customer
shall not lake any action which would contribute to the destruction, loss or modification of the Telematics
Bundles or the information and data generated and transmitted by the Telematics Bundles.
5. Wireless Service Provider; Termination. Customer shall execute a Wireless Service
Agreement wrth a telecommunications carrier identified by EFM as a condition to purchase and installation
of the Telematics Bundles. The Wireless Services Agreement shall provide for an ongoing, regular monthly
charge, payable by Customer, for the use of the wireless services and software associated with the
Telematics Bundles by Customer. EFM shall not be a party to such Wireless Services Agreement but
termination of lhe same (for any reason) shall terminate this Agreement, unless othenwise agreed in writing
by EFM. Termination of the agreement(s), as described above. will1 respect to the Vehicles and termination
of this Agreement may terminate Customer's Wireless Services Agreement Early termination of the
Wireless Services Agreement may require Customer to pay an early termination fee or other charges.
Customer agrees to provide EFM with prompt and complete notice of any termination of its Wireless Service
Agreement and any other modifications to the same. This Agreement is terminable. upon written notice by
EFM to Customer, upon expiration or termination of all leases between Customer and an affiliate of EFM.
6. NO WARRANTIES. Customer acknowledges that EFM does not provide the software or hardware
for the telematics services on the Vehicles but rather EFM arranges for provision of the same by third
parties. EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO ANY PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS
AGREEMENT BY THIRD PARTIES. INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR
WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE
WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE OR QUALITY. ANY
DEFECT IN THE PERFORMANCE OF ANY PRODUCT. REPAIR OR SERVICE WILL NOT RELIEVE
Cl!STOMER OF ITS OBLIGATIONS lJNDER THIS AGREEMENT. INCLUDING THE PAYMENT TO EFM
OF ANY CHARGES DUE l!NDER THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE
PARTIES AND THEIR AFFILIATES.
7. Indemnification. Customer agrees to defend. indemnify and hold EFM and its affiliates harmless
from and against any and all losses. damages, liabilities, suits, claims, demands, costs and expenses
(lncludlng, without limitation, reasonable attorneys' fees and expenses) which EFM and its affiliates may
incur by reason of Customer's breach or violation of, or failure to observe or perform, any term, provision or
covenant of this Agreement or its Wireless Services Agreement, or as a resull of any loss, damage, theft or
destruction of any hardware or software or related to or arising out of or in connection with the use,
operation or condition of any of 111e Telemalics Bundle(s). The provisions of this Section 7 shall survive any
expiration or termination of this Agreement.
8. Miscellaneous. All terms and conditions of the agreement(s) othenwise referenced herein shall
continue in full force and effect and are hereby ratified and confirmed by the parties. The parties agree that
this Agreement is the full and complete agreement between lhe parties with respect to the Telemalics
Bundle described herein and shall only be modified upon written agreement of both parties hereto. Any
provision of this Agreement which is prohibited or unenforceable In any jurisdiction shall, as to such jurisdiction.
be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining
provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction,
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns. except that Customer may not assign, transfer or delegate any of its rights or
obligations under this Agreement without the prior written consent of EFM, whicl1 shall be it EFM's sole
discretion. This Agreement shall be governed by and construed in accordance with the substantive laws of
the State of Missouri (without reference to conflict of law principles).
REMAINDER OF PAGE INTENTIONALLY BLANK
SIGNATURE PAGE TO FOLLOW
2
IN WITNESS, the parties have executed this Agreement, as of the dates respectively provided
below.
"ENTERPRISE FLEET MANAGEMENT, INC." "CUSTOMER"
City of Temple City
By: Dan Simonelli By:
Its: Regional Sales Manager Its:
Date: Date:
3
Fl ee t
1 100 2005 Honda Accord COO-Com munity Prese rvation
2 101 1998 Ford F-150 COO-Maintenance
3 102 2004 Chevy Silverado 2500 COO-Maintenance
4 103 1993 Ford F-250 COO-Mainte nance
5 104 2002 Ford F-150 P&R-Tree Crew
6 108 1999 Ford E-350 P&R-Recreation
7 109 1991 GMC Dump Truck P&R-Tree Crew
8 110 2004 Ford F·150 COO-Maintenanc e
9 116 2009 Ford Escape CDD ·Piannlng
I to 118 1998 Ford F-250 COO-Maintenance
l u 119 2002 Ford F-150 P&R-Main tenance
112 t 22 2003 Honda Civic P&R-Recreation
113 123 2008 Ford E·350XLT P&R-Recreation
114 Ne w P&R·Recreatlon
I t s 124 2009 Ford Escape CDD·Publlc Safety
I t s 125 2009 Ford Escape P&R-Recreation
I n t26 2009 Fo rd Esca pe COD-Community Preservation
I ts 129 2011 Toyota Prius P&R-Park Patrol
1 19 130 2011 Toyota Prius Man age ment Services
12o 13 t 2011 Toyota Prius COD·Building
121 132 20 t4 Chevrolet Silverado P&R·Maintenance
lli2illi
New Fleet Proposal
YEAR, MilKE & MODEL
2016 Nissan Frontier SV Ki ng cab
2016 Ford F25 0 XL Supercab 8ft. Utility Body
2016 Ford F250 XL Superca b 8f t. Utility Body
2016 Ford F250 XL Supercab 8 ft. Utilit y Body
2015 Ford F150 XL Supercab Long Bed
2016 Ford Transit T250 Ca tgo Van
F650 DUMP
2016 Ford F250 XL Supercab 8ft. Utility Body
2015 Ford C-Max Hybrid
2016 Ford F350 XLT Reg Cab DRW
2016 Ford F250 XL Supercab Long Bed
20t 5 Toyota Highlander Hybrid
20t 5 Ford Tra nsit t 50 8 Passenger
2015 Fo rd Transit 150 8 Passenger
20 15 Toyot a Highlander Hybrid
2015 Toyota Highlander Hybrid
20t6 Nissan Frontier 5V King Cab
2015 Toyota Highlander Hybrid
20t5 Ford C-Max Hybrid
2015 Ford C-Max Hybr id
2015 Ford F150 XL Supercab Long Be d
ESTIMATED OPEN-ENDED (EQUITY) LEASE RATES
60-MONTH TERM 5,000 ANNUA L MILEAGE
AVG. MONTHLY LEASE FULL
EQUITY
PAYMENT ' MAINTENANCE
FROM inck.ldes tax PROGRAM ' RESALE
$1,350 $369.93 $26.22
$1,350 $400.25 $28.00
$1,350 $400.25 $28.00
$1,350 $400.25 $28.00
$1,350 $392.09 $26.79
$1,350 $440.63 $28.00
$1,350 TBD TBO
$1,350 $400.25 $28.00
AQMD $20,000 $52 .75 $28.00
$1,350 $459.18 $36.34
$1,350 $4 09.97 $28.00
AQMD $20 ,000 $2 57 .35 $2B.78
$t,350 $443.83 $26.17
$t ,350 $443.83 $26.17
AQMD $20,000 $257.35 $28.78
AQMD $20,000 $257.35 $28.78
$1,350 $369.93 $26.22
AQMD $20,000 $257.35 $28.78
AQMD $20,000 $52.75 $28.00
A QMD $20,000 $52.75 $28.00
$1,350 $392.09 $26.79
TOTAL $158,9 00 $6,5t0.13 $561.82
AME(Bilod)
Tool Box, Traile r hitch, Light Bar
Utility Body, l adder rack, light Bar, lift Gate, Trailer
hitch
Utility Body, Ladder rack, Light Bar, Lift Gate, Traile r
hitch
Utility Body, Ladder rack, Light Bar, Lift Gate, Trailer
hi tch
Tr ailer Hit ch, Tool Box, Light Bar, Lift Gate, Arrow
Board
NA
Oumpbed, Light Bar
Utilit y Body, Light Bar, Lift Gate, Trailer hitch
NA
Dump bed, Light bar, Trailer Hitch
Light Bar, Lift Ga t e, Tra iler hi tch, Tool Box, Ladder
Rack
NA
TOW HITCH
NA
Light Bar
NA
Tool Box, Trailer hitc h, Light Bar
Light Bar
NA
Light Bar
Trailer Hitch, Tool Box, Li ght Bar, Lilt Gat e
Open-ended lease structur e has no mile age restrictions, no abno rmal wea r ilnd tear, and no early term ination penalties. Service Charge of $400 per unit is due at lease termination (or II CUed out of the proceeds on the sale of vehicle)
1. Monthly l ease Payment Includes Depreciati on an d lease Charge (I nterest). Tax is includ ed at 9%
2. Optional Full Maintenance Ptogram is a fixed and guaranteed monthly cost, which includes all preventative, un scheduled, and uncomm on repairs (oil changes, engines, transmissions, alternators, etc.) and 24·hou r Roadside Assistance. Exclud es breaks and tires.
3. Total M onthly Payment includes M on thly l ease Paym ent Including Tax and Full Maintenance Prog ram.
4 . Est imated Market Value is a projection of value at term based on th e mileage patterns. This value is ba sed on estimate s from Enterpri se's 1\ema rketing Dept and third party Automo tive leasing Guide (Al G).
5. Reduced Book Va lu e is the amount that is left on the books at lease term . lease options at term : 1} replilce existing vehicle with new vehicle, 2) pay RBV plus tax and own th e vehicle, and 3) extend t he p11yments for 11nother year or two.
6. Estimated Equity is Estimated Market Va lue minus Reduced Book Val ue. Equity can be used as the Down Payment on new vehicles, or as a chec k back to the City.
7 · Effective Monthly lease Cost calculates the estimated equity at term back into the payme nt divided by the term to show the true operating cost or each vehicle.
LESSEE: CITY OF TEMPLE (cust ll 465572)
BY: TITLE: DATE:
l essee herby authorizes this vehicle order, agrees to lease th e vehicl e on th e terms set forth herin and In th e Master Equity lease Agreement an d agrees that lessor shall have the right to co llect damages In th e event lessee fails or reruses to accept delivery of the
ordered veh icle. lessee cer tifies t hat more than SO'Yo of the use of the vehicle Is to be In trad e or busines s of the l essee.
Enterprise FM Tr ust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust wil l be th e lessor of such vehicl es under th e Master Open -End (Equity) l ease Agreement and sha ll have all righ ts and obligations of the l essor under the Master Open·End
(equity) l ease Agreement with respe ct to such veh icles.
Enterprise Fleet Confi dential 5/6/2015
TOTAL ESTIMATED REDUCED BOOK ESTIMATED EFFECTIVE
MONTHLY MARKET VALUE VALUE AT TERM EQUITY AT MONTHLY
PAYMENT ' ATTERM ' • TERM ' LEASECOST 1
$396.15 $11,786.00 $4,428.39 $7,357.61 $273.52
$428.25 $17,000.00 $4,791.40 $12,208.60 $224.77
$428.25 $17,000.00 $4,791.40 $12,208.60 $224.77
$428.25 $17,000.00 $4,791.40 $12,208 .60 $2 24.77
$418.88 $14,140.00 $4,692.60 $9,447.40 $261.42
$468.63 $13,389.00 $5,278.67 $8,110.33 $333.46
TBD TBD TBD TBD
$428.25 $17,000.00 $4,791.40 $12,208.60 $224 .77
$80.75 $10,661.00 $2,152.20 $8,508.80 ($61 .06)
$495.52 $18,000.00 $5,502.80 $12,497.20 $287.23
$437.97 $16,040.00 $4,908.60 $11,131.40 $252.45
$286.13 $22,549.00 $t9,902.20 $2,646.80 $242.02
$470.00 $t3,595.00 $5,317.46 $8,277.54 $332.04
$470.00 $13,595.00 $5,317.46 $8,277.54 $332.04
$286.13 $22,549.00 $1 9,902.20 $2,646.80 $242.02
$286.t3 $22,549.00 $t 9,902.20 $2,646.80 $242.02
$396.15 $11,786.00 $4,4 2B.39 $7,357.6t $273.52
$286.13 $22,549.00 $19,902.20 $2,646.80 $242,02
$80.75 $t0,66t.OO $2,152.20 $8,508.80 (S6t .06)
$80.75 $t0,661.00 $2,t 52.20 $8,508.80 ($6 t .06)
$4 t 8.88 $t4,140.00 $4,692.60 $9,447 .40 $261.42
$7,071.95 $316,650.00 $149,797.9 7 $166,852.03 $4,29 t .08
Page 1
Charles T. Ramsey
Board Member. President
Antonio Medrano
Board Member. Clerk
Madeline Kronenberg
Board Member
Elaine R. Merriweather
Board Member
Tony Thunnond
Board Member
Dr. Bruce Harter·
Superintendent of Schools
Bill Fay
Associate Superintendent
Operations
Sheri Gamba
Associate Superintendent
Business Services
Wendell Greer
Associate Superintendent
K~lZ Schools
Nia Rashidchi
Assistant Superintendent
Educational Services
Ann Relnhagen
Assistant Superintendent
Human Resources
Steve Collins
SELPA Director
ATTACHMENT C
WEST CONTRA COSTA
UNIFIED SCHOOL DISTRICT
1108 Bissell Avenue
Richmond, CA 94801-3135
(510) 231-1190
Contract Documents
For
Request for Proposal
RFP #1112-03
VEHICLE FLEET
MANAGEMENT SERVICES
MARCH2012
TABLE. OF CONTENTS
Notice Requesting Proposal ................................................................................ 2
2.0 Purpose of this RFP : ..................................................................................... 3
3. 0 Scope of Services .................................................................................. : ....... 3
3.1 Vehicle Leasing ................ : ........................................................................ 3
3.2 Fleet Vehicle Management ........................................................................ 5
3.2.1 Preventive Maintenance (PM) .................................................................... 5
3.2 .2 Maintenance and Repair ............................................................................ 6
3.2.3 Customer Service ........................................ : .............................................. 6
3.2.4 Project Organization and Management ...................................................... 7
3.4 Insurance & Accident Services .................................................................... 7
4.0 Responding to this RFP .............................................................................. 8
4.1 Form of Submittal ........................................................................................ 8
4.2 Part 1: Service Provider Information ............................................................ 9
4.3 Part 2: Technical Proposal.. ................................................................................................ 9 ..
4.4 Part 3: Price Proposal ......................................................................................... 9
4.5 Part 4: Copy of Proposed Lease Agreement.. ................................................ 10
5.0 Selection Process ...................................................................................... : ...... 10
6.0 Project Management ........................................................................................... 10
7.0 Evaluation of Proposals ................................................................................... 10
8.0 Additional Requirements .................................................................................. 11
General Conditions ............................................................................................ 11
Exhibit A ............ : ............................................................................................... 16
Exhibit B ............................................... : ............................................................ 17 ···~
Exhibit C ............................................................................................................ 18
Signature Sheet... .............................................................................................. 19
Proposer Conflict of Interest Statement.. ........................................................... 20
. Non-Collusion Affidavit of Proposer ................................................................... 21
1
WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
1108 Bissell Avenue, Richmond, CA 94801-3135
I NOTICE REQUESTING PROPOSALS I
Notice is hereby given that sealed proposals for RFP #1112-03 will be received at the office of the
Director of General Services, West Contra Costa Unified School District, 1108 Bissell Avenue Room 130,
Richmond, California 94801-3135, up to the hour of 4:30p.m. on Friday April13, 2012 with a
non-public opening.
General Information
West Contra Costa Unified School District Is seeking proposals for the following services:
RFP #1112-03
Vehicle Fleet Management Services
Proposals shall be delivered to the Purchasing Office, West Contra Costa Unified School District
Administration Building, 1108 Bissell Avenue, Room 130, Richmond, CA 94801-3135. Proposals will be
received until Friday April 13, 2012 at 4:30 p.m. with a non-public opening. Proposals received
after the appointed lime and date will be returned unopened to the sender.
The District reserves the right to reject any and all proposals or portions thereof, or to waive any
informality in the RFP process. No proposal or any portion thereof may be withdrawn for a period of
ninety (90) calendar days after due date.
The successful Bidder may be required to comply with Education Code Section 45125.1. The
successful Bidder and all sub-consultants must identify employees who may come in contact with pupils,
and request a Department of Justice (DOJ) fingerprint check of these employees, receive the DOJ report
and certify to the West Contra Costa Unified School District that no such employees have been convicted
of a felony as defined in Section 45122.1 before allowing any pupil contact with employees.
Proposal documents may be obtained at the Purchasing Department, West Contra Costa Unified School
District, 1108 Bissell Avenue, Richmond, California 94801-3135. Telephone (51 0) 231-1190. Only
complete sets will be issued.
By order of the School Board of the West Contra Costa Unified School District of Contra Costa County,
California.
2
Dr. Bruce Harter
Superintendent of Schools
2.0 PURPOSE OF THIS RFP
The West Contra Costa Unified School District (WCCUSD) is seeking proposals from qualified
companies to provide fleet vehicle services. These services will include vehicle leasing and
fleet vehicle management. WCCUSD intends to award one or multiple contracts. The service
provider will be asked to bid 36, 48, and 60 month term lease. (The term of the contract will be
for one year with four option years.) Bidders will submit pricing for the first ordering period and
the following year's adjustment factor in response to this RFP. This RFP establishes a general
scope and terms of services that should form the basis of each bidder's proposal, and the
district will tentatively select a successful bidder on the basis of the submitted proposals.
However, the District hereby notifies all prospective bidders that it reserves the right to enter
into discussions with the tentative awardee to negotiate appropriate tailoring of the selected
proposals and create a finalized set of terms and conditions for the contract. The District is
taking this approach because the nature of the requirements and the varied details concerning
how it might be satisfied by different contractors may necessitate additional clarification. This
RFP is the means for prospective Contractors to submit their proposals to the WCCUSD for the
services necessary to provide a complete fleet vehicle service program as described in this
document.
RFP TIM ELINE
RFP Available March 30, 2012
RFI (Request for Information) Deadline Apri110, 2012
RFP Due Apri113, 2012 .
RFP Evaluation April 161h -2?'h 2012
Board Approval May 9, 2012
3.0 SCOPE OF SERVICES
The scope of services the WCCUSD is seeking under this section includes the following:
• Vehicle Leasing Services
• Fleet Vehicle Maintenance and Management Services
• Insurance/Accident Management
Services listed below will be considered minimum and must be identified and addressed in
your proposal:
3.1 Vehicle Leasing:
The number of vehicles to be considered as part of the leasing portion of this RFP will be a
minimum of 15 vehicles with an estimated fleet of 40-60 vehicles over the 5 year period.
3.1.1 Vehicle lease terms shall be for a base period of 36, 48 and or 60 months from the award date
for the first year and include 4 additional ordering periods. The vendor will be asked to provide
pricing for a 36, 48, 60 month leases at 15k miles a year and bid a yearly adjustment factor.
3
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
3.1.9
3.1.10
3.1.11
3.1 .. 12
3.1.13
3.1.14
See Exhibit A price sheet. The WCCUSD reserves the right to order other types of vehicle
through this contract other than what has been quoted. These vehicles will be irrevocably
quoted.
Leases are open ended with no mileage restrictions.
Vehicles must be depreciated at 1.5% per month with a 10% Reduced Book Value for this
RFP.
List all other applicable charges.
The WCCUSD inay extend the term of this Agreement by written notice to the Service Provider ·
within 90 days prior to the expiration of the current agreement.
30 days prior to the expiration or termination of orders against this contract the Vendor must
supply End of Term Balance and Estimated Resale Value of the vehicles at the end of the 36,
48, or 60 month term.
30 days prior to the expiration or termination of orders against this contract, the Service
Provider will contact WCCUSD to determine whether the vehicles should be returned to the
same place where delivery was accomplished or to a destination mutually agreeable to both
parties.
30 days prior to the expiration or termination of the orders against this contract, the Service
Provider will provide WCCUSD with the estimated current market value of the orders
considered for termination.
The Service Provider will provide a written inspection report dated by both WCCUSD and the
Service Provider within 5 days after the termination or expiration of the contract period for that
vehicle.
Within thirty 30 days after receipt of the vehicles, the Service Provider shall present WCCUSD
with at least two of the highest bids for the vehicles.
Funds received by the Service provider for disposing of the leased vehicle shall be used to
reconcile the remaining reduced book value and any other fees remaining on the vehicle(s).
Any and all adjustments will be made to WCCUSD. Any deficits below this amount will be the
responsibility ofWCCUSD.
WCCUSD may choose to extend the lease term of the vehicle by an additional period of tirne
found mutually agreeable to each party 30 days prior to the expiration of termination of the
order. The Service Provider will provide adjustments, if any, to the lease payments along
with new reduced book values at the end of the extension period.
Pricing will be for the duration of the contract period and for the length of any lease entered
into during the contract period. It shall include all costs associated with the preparation of all
paperwork necessary to procure and the actual procurement of all vehicle titles, licenses,
and any other miscellaneous fees.
Leased vehicles shall be those of the current model year as determined by the date on which
4
the vehicles are formally requested.
3.1.15 Vehicle warranty will be bumper to bumper for a minimum of 3 years or 36,000 miles.
3.1.16 All pre-delivery vehicle servicing will be performed in accordance with accepted new car
delivery preparation standards.
3.1.17 Where applicable, each vehicle shall be equipped with all legal devices required for highway
operation and meet all Department of Transportation, State of California, CALOSHA, and
Federal standards and requirements.
3.1.18 All vehicles must meet California Emissions Standards.
3.1.19 The Service Provider shall submit a monthly invoice for payment due for all vehicles and
services from the past month. For vehicles in WCCUSD's possession for the entire month,
the Service Provider shall invoice at the full monthly amount shown in the contract. For
vehicles in WCCUSD's possession for a partial month, the contractor shall invoice at a pro rata
share of the monthly amounts based on the number of days the vehicle was in WCCUSD's
possession. A month shall be interpreted as thirty days for the purposes of this computation.
Rental payments do not begin to accrue until WCCUSD accepts delivery of the vehicle, and will
be payable only for days the vehicle is in WCCUSD's possession, and shall cease upon return
of the vehicle to the service provider.
· 3.2 Fleet Vehicle Management:
The service provider will be asked to provide:
A. Driver support to coordinate repairs and minimize vehicle downtime
B. Cost and quality controls for vehicle repairs
C. Fleet management support and recommendations
D. Quarterly metrics for costs and service
E. Project Organization and Management
F. Driver Safety Program
3.2.1 Preventive Maintenance (PM)
The Service Provider will provide a preventive maintenance schedule with notification and
documentation and a process for repair discovery during PM Service. The Service Provider
must have a process of preventive maintenance in place that documents the service from
initiation through closure.
3.2.1.1 All factory recommended preventative maintenance services as pre-scheduled and
prescribed by the original equipment manufacturer to be performed at industry standard
interval.
5
3.2.1.2 All incidental and parts required for the preventative maintenance (fluids, belts hoses,
ignition and emission components, etc.).
3.2.2 Maintenance and Repair
The Service provider will provide the following included services:
3.2.2.1 The vendor will need a network of maintenance and repair facilities at or around Richmond,
CA.
3.2.2.2 Vehicle maintenance procedures for services are included in the firm's maintenance program.
3.2.2.3 Processes for tracking services and reporting of any maintenance markups.
3.2.2.4 A process for documenting the vehicle repair service from initiation to closure.
3.2.2.5 A quality assurance program for all services.
3.2.2.6 Strategies for minimizing repair times and driver downtime.
3.2.2. 7 A process for monitoring the repair process (time, labor rates, parts used, quality of repair and
driver satisfaction). ·
3.2.2.8 A support process in the event that a vehicle requires repair service but is under a
manufacturer or repair facility warranty.
The following maintenance and repair related information/reports for the WCCUSD:
3.3.2.1.1 Monthly Reports, Summary cost reports (body repairs, mechanical repairs, glass, car rentals,
. etc.), Custom Reports as Requested, and Information Processing.
3.3.2.1.2 Quarterly Metrics, WCCUSD trends (average cost of repairs, average number of days for
repairs, etc.), WCCUSD performance vs. other accounts, Vendor performance vs. Industry
(average cost of repairs, average number of days for repairs, etc.), WCCUSD opportunities.
3.3.2.1.3 A warranty monitoring and management warranty claim service, including a process to
. secure extended warranty (out of warranty) non-warranty items.
3.2.3 Customer Service that includes the following:
3.2.3.1 A local contact person available Monday -Friday ?am -5pm
3.2.3.2 Quarterly, semi-annual or annual fleet reviews for clients.
3.2.3.3 Emergency roadside assistance 24x7
6
3.2.4 Project Organization and Management
3.2.4.1 The Service provider shall establish and maintain an appropriate organizational structure to
enable the management of the program. Documentation supporting the service provider's
ability to service the contract (including but not limited to office location, service provider
network, leasing location) should be included with the
3.4 INSURANCE AND ACCIDENT SERVICES: Services should include:
3.4.1 Insurance-The WCCUSD shall be responsible to provide commercial automobile liability
insurance, or an equivalent self-insurance program, covering its liability arising out of the
operation of each vehicle with limits of liability of $2,000,000 on any one accident or loss.
3.4.2 Collision and Comprehensive Damage and Repairs: As required under the provisions of
Section 3.2.2.4 of this Agreement the vendor shall be responsible for repairs of all damage to
any vehicl.e. The vendor may charge back to the WCCUSD the first $1000.00 on any loss or
damage. The vendor is also responsible for all administrative details for all accident
reports/repairs, subrogation and insurance processes including:
*Towing arrangements
* Car/van rental arrangements
*Appraisals and photographs
*Salvage
* Claims recovery assistance
* Coordination of subrogation and loss recovery
*Third party physical damage claims
* Reporting associated with accident, repair, subrogation claims, recoveries and legal
proceedings involving physical damage to the vehicles, and
* Accident activity reports
3.4.3 As part of accident administration, the vendor will be required to receive telephonic reports of
· all accidents involving property damage. The associated costs for providing this accident
administrative service must be identified in Exhibit A. The WCCUSD will require that the vendor
cooperate with the investigation and administration of any claims or lawsuits arising from the
operation of a vehicle.
3.4.4 Minimally, the selected vendor will be required to provide the following information:
• Monthly listing of all accidents that have been reported with an indication of cost to
repair a damaged vehicle.
7
" Q u a r t e r l y s u b r o g a t i o n a c t i v i t y r e p o r t s h o w i n g t h e c u r r e n t s t a t u s o f e a c h f i l e .
" M o n t h l y r e p o r t s h o w i n g d a m a g e s r e c o v e r e d f o r t h e r e p o r t i n g p e r i o d a n d t h e c o s t o f
r e p a i r s f o r e a c h v e h i c l e . F u n d s r e c o v e r e d s h o u l d a c c o m p a n y t h i s r e p o r t .
" S e m i - a n n u a l r e p o r t t o i n c l u d e t o t a l c o s t o f r e p a i r s a n d t o t a l o f r e c o v e r e d d a m a g e s .
3 . 4 . 5 A L T E R N A T E S E C T I O N 3 . 4 . 1 I n t h e a l t e r n a t e s e c t i o n t h e v e n d o r s h o u l d i n c l u d e i n i t s
p r o p o s a l i n E x h i b i t A t h e c o s t o f p r o v i d i n g c o m m e r c i a l a u t o m o b i l e l i a b i l i t y i n s u r a n c e f o r c l a i m s
o r l a w s u i t s b r o u g h t a g a i n s t t h e W C C U S D , a r i s i n g o u t o f t h e o p e r a t i o n o f e a c h v e h i c l e w i t h
l i m i t s o f l i a b i l i t y o f $ 2 , 0 0 0 , 0 0 0 a n y o n e a c c i d e n t o r l o s s ( l e g a l d e f e n s e c o s t s a r e t o b e i n a d d i t i o n
t o t h e l i m i t s o f l i a b i l i t y ) , a s w e l l a s t h e c o s t o f a c c i d e n t i n v e s t i g a t i o n a n d c l a i m a d m i n i s t r a t i o n
s e r v i c e s a s f o l l o w s :
" A s p a r t o f t h e a c c i d e n t a d m i n i s t r a t i o n , t h e v e n d o r w i l l b e r e q u i r e d t o r e c e i v e t e l e p h o n i c
r e p o r t s o f a l l a c c i d e n t s i n v o l v i n g p r o p e r t y d a m a g e .
" P r o v i d e t h e W C C U S D w i t h m o n t h l y t o s s r e p o r t s l i s t i n g a n y r e p o r t e d c l a i m o r l a w s u i t
w i t h a r e s e r v e f o r e x p e c t e d l i a b i l i t y a n d d e f e n s e c o s t s .
" C o o p e r a t e w i t h t h e W C C U S D .
" A d m i n i s t r a t i o n a n d d e f e n s e o f a n y c l a i m s o r l a w s u i t s a r i s i n g f r o m t h e o p e r a t i o n o f a
v e h i c l e .
4 . 0 R E S P O N D I N G T O T H I S R F P
4 . 1 F o r m o f S u b m i t t a l
I n o r d e r f o r a P r o p o s a l t o b e c o n s i d e r e d r e s p o n s i v e a n d a c c e p t a b l e f o r e v a l u a t i o n b y t h e
W C C U S D , t h e P r o p o s a l m u s t c o n t a i n t h e f o l l o w i n g i n f o r m a t i o n a n d b e s u b m i t t e d a c c o r d i n g t o
t h e f o l l o w i n g g u i d e l i n e s :
4 . 1 . 1 P r o p o s a l s h a l l c o n s i s t o f , a n d b e o r g a n i z e d i n t o t h e f o l l o w i n g f o u r ( 4 ) p a r t s , p r e p a r e d a n d
s u b m i t t e d a s d e s c r i b e d i n m o r e d e t a i l b e l o w :
1 . S e r v i c e P r o v i d e r I n f o r m a t i o n
2 . T e c h n i c a l P r o p o s a l
3 . C o s t P r o p o s a l
4 . C o p y o f P r o p o s e d L e a s e A g r e e m e n t
4 . 1 . 2 P l e a s e m a r k t h e v i s i b l e o u t s i d e s u r f a c e ( i . e . t h e o u t s i d e s u r f a c e o f o v e r n i g h t c o u r i e r p a c k a g e
o r o t h e r c o n t a i n e r ) o f t h e m a t e r i a l s y o u s u b m i t t o t h e W C C U S D w i t h t h e w o r d s "