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HomeMy WebLinkAboutExhibitANNIE PEREZ, CHO Chief Procurement Officer DANIEL J. ALF, ONSO City Manager • • ! 1' 1 • •111 SERVICES BETWEEN MIAMI-DADE COUNTY • ,. The City of Miami (City) is accessing the above mentioned contract to procure Vehicle Rental Services. That certain Contract No. 8809-0/19 titled "Vehicle Rental Services" made and entered effective as of February 17, 2015 is attached hereto and is incorporated by reference herein. This supplement to the Contract between Miami -Dade County and Royal Rent-A-Car Systems of Florida, Inc. ("Royal") includes City of Miami legal requirements. The term of this Agreement is as stated in Section 2.2 of the Miami -Dade County/Royal Contract. The effective date of access by the City of Miami is a) Audit And Inspection Rights: The Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the City Code are deemed as being incorporated by reference herein and additionally apply to this Agreement. b) Notices: TO THE CITY: Daniel J. Alfonso City Manager 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Procurement Director City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 TO ROYAL: Royal Rent-A-Car Systems of Florida, Inc. 3650 NW South River Drive Miami, FL 33142 Attn.: Ismael P. Perera c) Laws and Ordinances Royal shall be responsible to follow and observe all applicable laws, rules, regulations and ordinances of the City, County, State, Federal governments or other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. d) Equal Employment Opportunity: In the performance of this Agreement, Royal shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry, disability, or national origin. e) Mediation: This parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non—binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. f) Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, city programs or policies, or regulations, upon thirty (30) days written notice. g) Force Maieure: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition Page 2 causing such delay and shall cooperate with the other party to overcome any delay that has resulted. h) No Conflict of Interest: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Royal hereby certifies to the City that no individual member of Royal, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Royal hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. i) No Third -Party Beneficiary: No persons other than the Royal and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. j) Truth -in -Negotiation Certification, Representation and Warranty: Royal hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Royal under this Agreement are and will continue to be accurate, complete, and current. Royal understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. k) Counterparts: This Agreement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. ROYAL RENT -A -CAR SYSTEMS OF FLORIDA, INC: Ismael P. Perera, President A Page 3 CITY OF MIAMI, a municipal corporation: XW Daniel J. Alfonso, City Manager ATTEST: Corporate Secretary/Notary Public Corporate Seal/Notary Seal Page 4 ATTEST: Todd Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney (Iff of fflfalm�* ANNIE PEREZ, CPPD DANIEL J. ALFONSO Chief ftcuremen.tOfCrcer City Manager '�� ixrsro ®rasa r�° SERVICES BETWEEN MIAMI-DADE COUNTY AND • s LEASING COMPANY OF FLORIDA, LLC The City of Miami (City) is accessing the above mentioned contract to procure Vehicle Rental Services. That certain Contract No. 8809-0/19 titled "Vehicle Rental Services" made and entered effective as of February 17, 2015 is attached hereto and is incorporated by reference herein. This supplement to the Contract between Miami -Dade County and Enterprise Leasing Company Of Florida, LLC ("Enterprise') Includes City of Miami legal requirements. The term of this Agreement is as stated in Section 2.2 of the Miami -Dade County/Enterprise Contract. The effective date of access by the City of Miami is a) Audit And Inspection Rights: The Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the City Code are deemed as being incorporated by reference herein and additionally apply to this Agreement. b) Notices: TO THE CITY: Daniel J. Alfonso City Manager 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Procurement Director City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 TO ENTERPRISE: Enterprise Rent A Car Systems of Florida, Inc. 5105 Johnson Road Coconut Creek, FL 33073 Attn.: Erik L. Vega c) Laws and Ordinances Enterprise shall be responsible to follow and observe all applicable laws, rules, regulations and ordinances of the City, County, State, Federal governments or other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. d) Egual Employment Opportunity: In the performance of this Agreement, Enterprise shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry, disability, or national origin. e) Mediation: This parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non—binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. f) Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, city programs or policies, or regulations, upon thirty (30) days written notice. g) Force Majeure: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition Page 2 causing such delay and shall cooperate with the other party to overcome any delay that has resulted. h) No Conflict of Interest: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Enterprise hereby certifies to the City that no individual member of Enterprise, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Enterprise hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. i) No Third -Party Beneficiary: No persons other than the Enterprise and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. j) Truth -in -Negotiation Certification, Representation and Warranty: Enterprise hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Enterprise under this Agreement are and will continue to be accurate, complete, and current. Enterprise understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. -All -such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. k) Counterparts: This Agreement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. ENTERPRISE LEASING COMPANY OF FLORIDA, LLC: .90 DATE: Page 3 CITY OF MIAMI, a municipal corporation: XW Daniel J. Alfonso, City Manager ATTEST: Corporate Secretary/Notary Public Corporate Seal/Notary Seal Page 4 ATTEST: Todd Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney