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Home My WebLink AboutO-2009-3126 interlocal agreement with Harris County for utilization by the City of La Porte of three motor vehicles leased by Harris County E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 03-09-09 Requested By: Kenith Adcox :x.-^~ Appropriation Source of Funds: Department: PgIice- Account Numbel': Report: Resolution: Ordinance: xxx Amount Budgeted: Copy of Inter Local Agl'eement Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The Police Department has received an award to increase our award from HIDT A in the amount of eleven thousand three hundred forty dollars ($11,340.00) for funding lease vehicles for personnel assigned to this group. Harris County currently has a contract with Enterprise Leasing Company of Houston for the lease vehicles which is utilized by other task force personnel. The City may utilize this contract under an Interlocal Agreement with Harris County. Action Reauired bv Council: We request the Council to approve an Ordinance authorizing mayor to execute an InterJocal Agreement allowing the City to utilize the contract Harris County has obtained for leased vehicles with Enterprise Leasing Company. >#~, Date ORDntAllCB BO. 2009 - .314 AB ORDIBABCB APPROVIBG ARD AU'l'BOllIZntG All DlTBRLOCAL AGUBJlBNT BBTWBBB TKB CITY OP LA PORTB ARD HARRIS COUNTY, POR THB UTILIZATIOB BY THB CITY OP LA PORTB OP TURBB KOTOR VBSICLBS LBASBD BY BARRIS COUNTY, PURSUANT TO GRABT AWARD o:r $11,340.00, XU:ntG VARIOUS l!'DmntGS AND PROVISIOBS RBLATntG TO TBB SUBJBCT, :rDmntG COKPLJ:ABCB WITH TBB OPBlf KBBTDfGS LAW, ARD PROVIDDfG All BPPBCTJ:VB DATB DUOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED I this ~ay of ~4J.JJ-- I 2009. CITY OF LA PORTE By: ~~~ ?A yor ATTEST: ~{f.v4~ Martha A. Gillett City Secretary APPROVED: ~T~ Clark T. Askins Assistant City Attorney 2 March 16, 2009 Commissioners Court Harris County, Texas RE: Interlocal Agreement Members of Commissioners Court: Please approve the attached Order authorizing the County Judge to execute the attached Interlocal Agreement between Harris County and the City of La Porte for leased vehicle services, Job No. 08/0259. ~....-. Sincerely, Vote of the Court: Judge Emmett Comm. Lee Comm. Gareis Comm. Radack Comm. Eversole No Abstain Ji(~ ing Agen~~ ~CH/rjb Attachments Presented to Commissioner's Court cc: Auditor's Office City of La Porte MAl< 2 4 2009 APPROVE L / t:- Recorded Vol_ Page FOR INCLUSION ON COMMISSIONERS COURT AGENDA MARCH 24, 2009 1001 Preston, Suite 670, Houston, TX 77002 Tel 713-755-5036 Fax 713-755-6695 INTERLOCAL AGREEMENT FOR LEASED VEIDCLE SERVICES This Agreement is made on this _ day of , 2009 between the City of La Porte, Texas, and Harris County, Texas, a body corporate and politic under the laws of the State of Texas. WITNESSETH Whereas, Harris County and the City of La Porte are authorized to enter into an agreement to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services pursuant to and under the provisions of Tex. Gov't Code Ann. S791.00l et seq (Vernon 1994 & Supp. 2003), also known as "The Interlocal Cooperation Act"; and Whereas, in reliance on such Act, Harris County and the City of La Porte desire to permit the u:se of leased vehicle services, Now therefore, the parties hereto, mutually agree to the following: 1. - The City of La Porte hereby designates it's Police Department to act under the direction and on behalf of the City of La Porte for leased vehicle services pursuant to Harris County's Agreement with Enterprise Leasing Company of Houston, as primary contractor, which was let in accordance with Chapter 262 of the Texas Local Government Code and all other applicable laws and which agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. II. The City of La Porte, by execution of this Agreement, agrees to directly pay Enterprise Leasing Company of Houston upon receipt of goods and/or completion of work specified for the City of La Porte for leased vehicle services, according to the description contained herein, and after receipt of a proper invoice, therefore an amount based upon the unit pricing detailed in Exhibit "A". The City of La Porte agrees to comply with the terms and conditions of said Purchasing Agreement. Neither Harris County nor the City of La Porte shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other entity. The City of La Porte's payment required by this contract shall be made from current, available revenues, as approved by the City of La Porte's City Council. Furthermore, both parties agree that no payment has been, or will be made to Harris County for any services or functions required to be performed under this Agreement. In obtaining the services of Enterprise Leasing Company of Houston, the City of La Porte has relied solely on its own inspections, investigations, and due diligence regarding the services and the City of La Porte acknowledges that Harris County has made no representations or warranties expressed or implied with respect to the services to be rendered. The City of La Porte agrees, at its sole cost and expense, to independently administer the Purchasing Agreement and to pay Enterprise Leasing Company of Houston directly, paying for such goods and services from current revenues, in accordance with the terms and conditions of the Purchasing Agreement. . County reserves the right to terminate the Interlocal Agreement prior to its expiration date under the terms and conditions of the Purchasing Agreement. III. This agreement shall take effect upon execution by the signatories and shall serve as each governmental body's commitment pertaining to the City of La Porte's purchase of the goods and services referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. IV. This Agreement shall be in effect from and after the ~ day of 1J(gAf .1L 2009, the date of execution by the City of La Porte. IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year specified in Article IV. - City of La Porte HARRIS COUNTY W E ~/C'.;-- Ed Emmett, Harris County Judge A ITEST: APPROVED AS TO FORM: VINCE RYAN, County Attorney ~ Yi~/f:. Portia Poindexter, Assistant County Attorney THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the _ day of ttAR 2 4 2009 , 2009 with the following members present, to-wit: Ed Emmett El Franco Lee Sylvia Garcia Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No.2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 the following members absent, to-wit: ~ ./ quorum, when among other business, the following was transacted: , constituting a ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE, TEXAS - Commissioner introduced an order and made a motion that the same De adopted. Commissioner seconded the motion for adoption ofthe order. The motion, carrying with it the adoption ofthe order, \ prevailed by the following vote: Vote of the Court Yes No Abstain Judge Emmett ,J:Y' 0 0 Comm. Lee ~ 0 0 Comm. Garcia JJ...-" 0 0 Comm. Radack ~. 0 0 Comm. Eversole ~ 0 0 The County Judge thereupon announced that the motion had duIy and lawfully carried and that the order had been duIy and law-fully adopted. The order thus adopted follows: IT IS ORDERED THAT County Judge Ed Emmett be, and he is hereby, authorized to execute an InterIocaI Agreement between Harris County and the City of La Porte to permit the City of La Porte to utilize services of leased vehicles and directly pay Enterprise Leasing Company of Houston for the leased vehicles under Purchasing Job No. 08/0259, said InterIocal Agreement being incorporated herein as though fully set forth herein word for word. Presented to Commissioner's Court - MAR 2 4 2009 APPROVE Recorded VoL_......... Page EXHmIT "A" TERM CONTRACT FOR LEASED VEmCLES AND RELATED ITEMS FOR HARRIS COUNTY - -- ,- -J ('LIlt. e__ JACK R. MCCOWN, C.P.M. IlARRIs COUNTY PuRCHASING AGENT , July 14, 2008 Commissioners Court Harris County, Texas RE: Job No. 08/0259, Term Contract for Leased Vehicles and Related Items for Harris County Members of Commissioners Court: On June 9, 2008, three (3) bids were received for the above referenced job and referred to the Office of the Purchasing Agent for tabulation and review. On July 8, 2008, Commissioners Court referred the award recommendation, which was to Enterprise Leasing Company, to the County Attorney's Office for reconsideration due to tax and toll road payment issues. In that the re-evaluation of the bids confirmed that the apparent low bidder, Enterprise, bad satisfIed all Harris Call1lty property tax indebtedness after the bid opening due date, and, in that award to Enterprise would save Harris County $171,639.00, or 15%, compared to the next low bid meeting specifIcations, the Office of the Purchasing Agent recommends that the Court grant a waiver of technicality and award the contract to Enterprise Leasing Company of Houston, the low bidder, in the amount of $973,160.00. The annual term contract shall begin on September 1, 2008. However, in that the County Attorney's Office has indicated that Enterprise may be indebted to Harris County for past due tolls, penalties, attorney's fees, etc., in an amount of up to $2 million, Commissioners Court may wish to consider awarding referenced job to the next low bidder, Capps Rent-a-Car, at $1,144,799, which is not currently indebted to Harris County. ~Wrb Attachment: Spreadsheet . sioner's Court y . JUL 2 2 2008 ;APPROVE e::. / /L. ~rded VoL-' Page ::::) R"=-~M_ltvD4-r;OV 0;= FOR INCLUSION ON COMMISSIONERS COURT AGENDA JULY 22, 2008 p L1 fU-.J..,. ~~.&.7r _ II- 1v1.H~.J) "'-0 u..t,c R..P~; S"~ (]I). 1001 P1u:sToN, SUITE 670, HOUSTON, TExAs 77002, TEL (718) 755-5036. FAX (713) 755-6695 "6tJ cc: All bidders wlo attachment Harris County Sheriff s Office '- -r-"'" ..... HARRIS COUNTY BID COVER SHEET Job No. 08/0259 Date Due: June 9. 2008 DUE NO LATER THAN 2:00 P.M. LOCAL TIME IN HOUSTON, TEXAS Bids received later than the date and time above will not be considered. BID FOR: Term Contract for Leased Vehicles and Related Items for Harris County (For one year beginning approximately September 1, 2008.) OFFERORS NOTE!! Carefully read all instructions, requirements and specifications. Fill out aU forms properly and completely. Submit your bid with aU appropriate supplements and/or samples. Please return bid in an appropriately sized envelope or box. PACKAGE MUST SHOW THE JOB NUMBER, DESCRIPTION AND BE MARKED "SEALED BID". Designated bids may be submitted electronically. M ~ For additional information, contact: Damon Harris at (713) 755-5384 ~ You must sign below in INK; failure to sign WILL disqualify the offer. All prices must be typewritten or written in ,-,k. RETURN BID TO: HARRIS COUNTY PURCHASING AGENT 1001 PRESTON AVENUE, SUITE 670 HOUSTON, TEXAS 77002 RECEIVED JUN 0 9 Z006 . .,Rd. to Pur. ~ ~ Total Amount of Bid: $ I .~ Company Name: Enterprise Leasing Company of Houston ~ ~ Company Address: 10401 Centrepark Drive. $973.160.00 City, State, Zip Code: Houston. TX 77043 Taxpayer Identification Number (f.I.N.): 74-1744231 Telephone No.: 713-465-7800 ext 203 FAX No.: 800-346-0750 e-mail: ~arv.d.headrick@erac.com 1,. 7 -- 08 - (). I (.-cJ< ..-,\ / t::'?.. 4- v ) >.) r} ~ 01...J (' . .? 'J IY. I , ....( -? . ~u, I .' ( '-- ..-' Do you carry Health Insurance on your employees? L.. Y es _ No If yes, what is the percentage of employees insured? 100% Signature: ACCEPTED BY: - -::Wrjb ,iise<J 05107 Date: / ~. 3 Page 1 of ~ '-" ~_..__.. TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion -f the pa<:kage is missing, notify the Purchasing Department immediately. It is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. ~x~ I. Cover Sheet Your company name, address, the total amount of the bid/proposal, and your signature (IN INK) should appear on this page. J_ 2. _X_ 3. _x_ 4. ._X.,," 5. _X_ 6. ~ N _X_ 7. ~ N L t,I i C' ~ 0) .- vised 03104 Table of Contents . This page is the Table of Contents. General Requirements You should be familiar with all of the General Requirements. Special Requirements/Instructions This section provides information you must know in order to make an offer properly. Specifications This section contains the detailed description of the product/service sought by the County. PricinglDelivery Information This form is used to solicit exact pricing of goods/services and delivery costs. Attachments _X_ a. - g. -J. -_.~_. Residence CertificationlI'ax Fonn Be sure to complete this form and return with packet b. Bid Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. All public work contracts over $25,000 require a Payment Bond and over $100,000 'must also have a Performance Bond, in a form approved by the County. Please read carefully and fill out completely. c. Bid Check Return Authorization Fonn This form applies only to certain bids/proposals. Please read carefully and fill out completely. d. Vehicle Delivery Instructions Included only when purchasing vehicles. e. Minimum Insurance Requirements Included when applicable (does not supersede "Hold Harmless" section of General Requirements). f. Worker's Compensation Insura.nce Coverage Rule 110.110 This requirement is applicable for a building or construction contract. F'mancial Statement When this information is required, you must use this form. h. Reference Sheet When this information is required, you must use this sheet i. HlPAA Requirements Other From time to time other attachments may be included. Page 2 of Jt I) GRNRRAL RROVTRRMRNTS FOR Bm~ READ THIS ENTIRE DOCUMENT CAREFULL Y. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM. General Requirements apply to all advertised bids; however, these may be superseded, whole or in part, by the SPECIAL REQUIREMENTSIINSTRUCfIONS OR OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your bid package is complete. ACCESS TO RECORDS In special circumstances, vendor may be required to allow duly authorized representatives of Harris County, the Harris County Hospital District or the state and federal government access to contracts, books, documents, and records necessary to verify the nature and extent of the cost of services provided by vendor. ADDENDA When specifications are revised, the Harris County Purchasing Department will issue an addendum addressing the nature of the change. Offerors must sign and include it in the returned bid package. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Harris County Commissioners Court. ~, N 0'1 N I ,- AWARD Harris County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity. to make awards to more than one offeror, to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not awarded a contract. the offeror may appear before the Commissioners Court, Hospital District Board of Managers, the Juvenile Board or other applicable governing body and present evidence concerning his responsibility after officially notifying the Office of the Purchasing Agent of his intent to appear. I.; I 0' ~ ~ BID FORM COMPLETION Fill out and return to the Harris County Purchasing Department ONE (I) complete bid form in an appropriately sized envelope or box. PACKAGE MUST SHOW THE JOB NUMBER, DESCRIPTION AND BE MARKED "SEALED BID." An authorized representative of the offeror should sign the Bid Cover Sheet. The contract will be binding only when signed by Harris County, funds are certified by the County Auditor and or the Hospital District, as applicable, and a Purchase Order issued. BID RETURNS Offerors must return all completed bids to the Harris County Purchasing Department reception desk at 1001 Preston Avenue, Suite 670, Houston, Texas before 2:00 P.M. LOCAL TIME IN HOUSTON, TEXAS on the date specified. Late bids will not be accepted. Electronic bids requiring documentation, samples, etc. which cannot be uploaded must be received in the Purchasing by the due date and time. Signatures requiring confirmation will be confirmed by the Purchasing Office. BONDS If this bid requires submission of bid guarantee and performance bond, there will be a separate page explaining those requirements. Bids submitted without the required bid bond or cashier's checks are not acceptable. Revised 05107 _.-~-_. Page 3 of 16 IS- \J3 N Oi N .t- \ c., I 0' .; 0) CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies by execution of this Contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, "Debannent and Suspension." The Contractor further agrees to include this certification in all contracts between itself and any subcontractors in connection with the services performed under this Contract. Contractor also certifies that contractor will notify Harris County in writing immediately jf contractor is not in compliance with Executive Order 12549 during the tenn of this contract. Contractor agrees to refun<I Harris County for any payments made to the contractor while ineligible. COLOR SELECTION Detennination of colors of materials is a right reserved by the using department unless otherwise specified in the bid. Unspecified colors shall be quoted as standard colors, NOT colors which require up charges or special handling. Unspecified fabrics or vinyls should be construed as medium grade. If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept the items and demand correct shipment without penalty, subject to other legal remedies. CONTRACI' OBLIGATION Harris County Commissioners Court must award the contract and the County Judge or other person authorized by the Hanis County Commissioners Court must sign the contract before it becomes binding on Harris County or the offerors. Department heads are NOT authorized to sign agreements for Harris County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Harris County and the offeror. Any price escalations are limited to those stated by the offeror in the original bid. DIGITAL FORMAT If offeror obtained the bid specifications in digital fonnat in order to prepare a response, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, offeror makes any changes whatsoever to the County's published bid specifications, the County's bid specifications as published shall control. Furthennore, if an alteration of any kind to the County's published bid specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Harris County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code ~ 15.0 I, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services. E-MAIL ADDRESSES CONSENT Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to Harris County, the Harris County Flood Control District, the Harris County Hospital District including its HMO, the Harris County Appraisal District, or any agency of Harris County. This consent is intended to comply with the requirements of the Texas Public Information Act, Tex. Gov't Code Ann. ~522.137, as amended, and shall survive tennination of this agreement. This consent shall apply to e-mail addresses provided by Vendor, its employees, officers, and agents acting on Vendor's behalf and shall apply to any e-mail address provided in any fonn for any reason whether related to this bid/proposal or otherwise. Revised 05/07 __._.--y-_u..___.._ _ __ ___.__ Page 4 of J,8' If fIw N 0' N L- o r ~ .~ ~ .- EVALUATION Evaluation shall be used as a determinant as to which bid items or services are the most efficient and/or most economical for the County. It shall be based on all factors which have a bearing on price and performance of the items in the user environment. All bids are subject to tabulation by the Harris County Purchasing Department and recommendation to the appropriate governing body. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. Pricing is NOT the only criteria Cor making a recomme~dation. The Harris County Purchasing Department reserves the right to contact any offeror, at any time, to clarify, verify or request information with regard to any bid. FISCAL FUNDING A multi-year lease or lease/purchase arrangement (if requested by the Special RequirementslInstructions), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the offeror from the using department without penalty of any kind or form to Harris County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the offeror. GOVERNING FORMS In the event of any conflict between the terms and provIsions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Harris County's interpretation shall govern. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, ~262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Harris County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. GRANT FUNDING Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant funding and the vendor/provider understands that the County has not set aside any County funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate any further services under the contract and the contract shall be null and void. HIPAA COMPLIANCE Offeror agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, and the Texas Medical Records Privacy Act, Texas Health and Safety Code Chapter 181. as amended, collectively referred to as "HIPAA", to the extent that the Offeror uses, discloses or has access to protected health information as defined by HIPAA. Offeror may be required to enter a Business Associate Agreement pursuant to HlPAA. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Harris County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including. as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work perfonned under terms of this bid. Certification of such coverage must be provided to the County upon request. Revised 05107 Page 5 of ~ II' ----....--......-- ----r---.-.-- --- .---.- .... -.- INSPECTIONS & TESTING Harris County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate. INVOICES AND PAYMENTS Offerors shall submit an original invoice on each purchase order or purchase release after each ddivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the offeror for correction. Under term contracts, when multiple deliveries and/or services are required, the offeror may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Harris County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. MAINTENANCE Maintenance required for equipment bid should be available in Harris County by a manufacturer-authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Harris County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly. I>> N 0' N .1- ~ I 0' I1\l =. MATERIAL SAFETY DATA SHEETS Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", an offeror must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the offeror to furnish this documentation will be cause to reject any bid applying thereto. NAME BRANDS Specifications may reference name brands and model numbers. It is not the intent of Harris County to restrict these bids in such cases, but to establish a desired quality level of metchandise or to meet a pre-established standard due to like existing items. Offerors may offer items of equal stature and the burden of proof of such stature rests with offerors. Harris County shall act as sole judge in determining equality and acceptability of products offered. NEW MILLENIUM COMPLIANCE All products and/or services furnished as part of this contract must be compliant for the present year and forward. This applies to all computers including hardware and software as well as all other commodities with date sensitive embedded chips. POTENTIAL CONFLICTS OF INTEREST An outside consultant or contractor is prohibited from submitting a bid for services on a Harris County project of which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint venturer or was in any other manner associated by ownership to any party that was a designer or other previous contributor. If such a consultant or contractor submits a prohibited bid, that bid shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Harris County. Potential bidders are advised that they may have disclosure requirements pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts valued in excess of $250 given to any County Official or the County Official's family member, or employment of any County Official or the County Official's family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Harris County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Revised 05/07 --- Page60f ~ __._.~.H C' N " N i ,...- tJ ~ ri .~ PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. PURCHASE ORDER AND DELIVERY The successful offeror shall not deliver products or provide services without a Harris County Purchase Order, signed by an authorized agent of the Harris County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the offeror in the proper place on the PricinglDelivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all pr.ovisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Hams County without prejudice to other remedies provided by law. Where delivery times are critical, Harris County reserves the right to award accordingly. RECYCLED MATERIALS Harris County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Harris County will be the sole judge in determining product preference application. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best conunercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. SUPPLEMENTAL MATERIALS Offerors are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets. specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the offeror wishes to include as a condition of the bid, must also be in the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid. Revised 05tCJ7 -- Page 7 of vt: I{ TAXES Harris County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Harris County claims exemption from all sales and/or use taxes under Texas Tax Code ~ 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Harris County Purchasing Agent. TERM CONTRACTS If the contract is intended to cover a specific time period. the term will be given in the specifications 'under SCOPE. TERMINATION Harris County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Harris County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Harris County's satisfaction and/or to meet all other obligations and requirements. Harris County may terminate the contract without cause upon thirty (30) days written notice. Termination for Health and Safety Violations. Harris County has the option to terminate this contract immediately without prior notice if offeror fails to perform any of its obligations in this contract if the failure (a) created a potential threat to health or safety or (b) violated a law, ordinance, or regulation designed to protect health or safety. c ~, C' N L TITLE TRANSFER Title and Risk of Loss of goods shall not pass to Harris County until Harris County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using department for instructions. The place of delivery shall be shown under the "Special RequirementslInstructions" section of this bid package and/or on the Purchase Order as a "Deliver To:" address. .1,,1 ~ " ~ WAIVER OF SUBROGATION Offeror and offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against Harris County as an indirect party to any suit arising out of personal or property damages resulting from offeror's performance under this agreement. WARRANTIES Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the bid. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Harris County may return the product for correction or replacement at the offeror's expense. If offeror fails to make the appropriate correction within a reasonable time, Harris County may correct at the offeror's expense. Revised 05107 Page 8 of ~ VENDORS OWING TAXES Pursuant to TX Local Government Code 262.0276, Harris County Commissioners Court has adopted a policy which requires that vendors' taxes be current as of the date bids/proposals are due. Bidders with delinquent county taxes on the due date will not be eligible for award. Whether or not a vendor's taxes are delinquent will. be determined by an independent review of the Tax Office records. Vendors who believe a delinquency is reflected in error must contact the Tax Office to correct any errors or discrepancies prior to submitting their bid in order to ensure that their bid will be considered. Tax records are available online at the Tax Office website-www.hctax.net.Prior to submitting a bid, vendors are encouraged to visit the Tax Office website, set up a portfolio of their accounts and make their own initial determination of the status of their tax accounts. Furthermore. if, during the performance of this contract, a vendor's taxes become delinquent. Harris County reserves the right to provide notice to the Auditor or Treasurer pursuant to Texas Local Government Code ~154.045. This policy is effective for all bids due on or after May 1,2004. ~ m ~ N I .- t.f 1 I 0'\ .p\ 0) .- Revised 05107 Page 9 of ~ ,S N ~, 3. C' N 1- ~ 4. I D'i " ~ SPECIAL REOUlREMENTSIINSTRUCTIONS The following requirements and instructions supersede General Requirements where applicable. 1. Application Should this contract apply to other governmental entities, references to "Harris County" and the "Harris County Commissioners Court" may apply to one or more of the following: --"Harris County Flood Control District" governed by "Harris County Commissioners Court" --"Harris County Hospital District" governed by its "Board of Managers" --"Harris County Community Supervision and Corrections Department" governed by its Standing Committee for Probation Matters" --"Greater Harris County 9-1-1 Emergency Network" governed by its "Board of Managers" 2. Bid Requirements Each bidder should submit as a bid this entire ITB, completed where necessary, for example, the ITB cover sheet, the Price Sheets, Residence Certification, etc. Use the envelope provided with the ITB, or a comparable one, clearly indicating on the outside the Job Number, Job Description, and marked "SEALED BID". Harris County shall not be responsible for any effort or cost expended in the preparation of a response to this ITB. All protests should be coordinated through the Purchasing Office prior to award recommendation to Commissioners Court. Delivery If delivery is required, all items must be packaged so as to be protected from damage during shipping and handling. Any item(s) damaged in shipping must be replaced in kind, or repaired, by the contractor, at the discretion of, and at no additional charge to, Harris County. Payment Harris County will pay original invoices that clearly itemize the goods and/or services provided as to quantity, part number, description, price, applicable discount (if any), labor charges showing time differential, if applicable and if previously agreed to, and delivery, installation, and set-up costs, if applicable and if previously agreed to. Only charges as stated on the PricelDelivery Information Sheet(s) submitted as a part of the bid will be considered. Invoices must indicate Harris County or Harris County Hospital District, as applicable. the address to which the product(s) and/or service(s) were delivered, and the applicable purchase order number. Invoices will be matched to delivery tickets prior to payment, therefore, all delivery tickets should have an accurate description of the product(s) and/or service(s). 5. Usage Reports Harris County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this ITB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Harris County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased. Revised 12198 Page 10 of L8' If --- -----.-..,---..-...------- .-_... ~, m ~ N ,- t;I I C'l " ~ SPECIFICATIONS Term Contract for Leased Vehicles and Related Items for Harris County SCOPE The intention of this Harris County Invitation To Bid (ITB) is to solicit bids for a term -contract for leased vehicles and related items, in the quantities estimated, for one year beginning approximately September 1, 2008. The primary user of this contract will be the Harris County Sheriff s Office, however, from time to time, other Harris County agencies may request to utilize this contract. For information regarding the bid process, contact Damon Harris at (713) 755-5384, or, for technical information concerning the products and/or services described in this ITB, contact Chris Gore of the (HCSO) at (281) 290-2144. DESCRIYfION The contractor shall furnish and deliver, as required, vehicles of various makes and models for use for up to one (1) year in monthly increments, each with a maximum 20,000 miles, that meet, or, approximately meet, the following specifications (unless otherwise noted): . model year: 2008 or newer · engine: six cylinder only (Items 1, 2 & 3-b of the PricinglDelivery Information sheet) · engine: V8 only (Item 3-a & c of the PricinglDelivery Information sheet) · engine: six cylinder or V8 (Item 3-d of the PricinglDelivery Information sheet) . transmission: automatic · steering: power . brakes: anti-lock · air conditioning: Original Equipment Manufacturer (OEM) · wheel covers: full · glass: all windows to be tinted (front, rear and sides) to current legal limit · inspection sticker: Texas · license plates: Texas Only licensed drivers shall use the vehicles described in this ITB and only for lawful purposes in conjunction with the Harris County Sheriffs Office business as a normal transportation device not subject to extraordinary risk. Harris County is self insured for vehicle liability and property damage claims in accordance with Vernon's Civil Statute Article 6701h Safety Responsibility Law, Article VI, Section 33. Any liability arising from operation of motorized equipment will be considered under the Texas Tort Claims Act, Texas Civil Practice and Remedies Code, Title 5, Chapter 101. Harris County shall return the vehicles to the lessor upon expiration of the contract in the same condition as when received, normal wear and tear expected. Damage other than normal wear and tear such as glass breakage, bent metal or body parts may be submitted to Harris County for reimbursement. Lease pricing provided in PricinglDelivery Information section of this ITB must be all-inclusive and no separate charges for maintenance, change of title, registration, license, official fees and any other ",,- .--.,.--., .-..-.--- --~----_._._. .---_. ---~._.. Page II Of~( costs shall be billed to Harris County. The lessor must fully maintain the vehicles, including oil changes, tune- ups, tires or any other task normally associated with a full maintenance contract. No security deposit shall be required. While in the possession of Harris County, Harris County will provide gasoline and normal and reasonable general exterior and interior care with regard to vehicles. Should vehicle(s) become unserviceable, a substitute usable vehicle(s) shall be provided at no additional charge in excess of the charges for the unserviceable vehicle during the time when unserviceable vehicle(s) is in repair. Harris-County reserves the right to exchange any vehicle on an "as needed" basis due to the special requirements of the officers assigned to these vehicles. From time to time, other governmental agencies not directly associated with Harris County may utilize this contract as determined and approved, on a case by case basis, by Harris County and the awarded contractor. Related Items: Bidder may offer for sale additional items related to the scope of goods and/or services described above and/or listed in the PricinglDelivery Information section of this ITB by identifying other items and/or brands not identified by Harris County in this ITB. Though the "related items" offered may be considered during the award recommendation, and/ or may be a part of a subsequent contract, if any, with Harris County, the affect of the related items cannot be extended and totaled in determining the lowest bidder since an estimated usage is unknown. Purchases by Harris County of related items should not exceed 20% of the total annual purchases under the contract. 1 ~, /Tl N I ,.....~ l- I !r1 -f1 ~ Page 12 of J.6 If' -...- -'-'--'~'''-'' ,- - PRICINGIDELIVERY INFORMATION I. Pricine:: Bidder must complete open boxes to right of double vertical lines. Quantities are estimated, Harris County. may require more or less. In case of discrepancy between unit and extended pricing, unit pricing governs. Pricing must be all-inclusive. Bidder: Item Description UM Qty Mfr & Model $/UM Ext$ Harris County Vehicles Lease Compact-Size Vehicles - 6 cyl. Automobiles, Pontiac Grand 6 or equal Trucks, Crew Cab, Toyota Tacoma, Chevy Colorado or equal Lease Intermediate-Size Vehicles - 6 c I. Automobiles, Ford Taurus, Pontiac 96 637.00 61,152.00 Grand Prix or equal mo. Sports Utility, Ford Explorer, mo. 60 638.00 38,280.00 Chevrolet Trailblazer or equal Lease Full-Size Vehicles ~ ~:.~~:~, f~..-~; Sport Utility, Chevrolet Tahoe or equal Chevrolet Tahoe or if a. - V8 mo. 12 equal - V8 787.00 9444.00 Mini Vans, Ford Freestar, Chevrolet Ford Freestar, b. Uplander or equal - 6 cyl. mo. 24 Chevrolet Uplander 639.00 15,336.00 or e ual - 6 c I. Ford E-350 Club Vans, Ford E-350 Club Wagon, mo. 12 Wagon, Chevrolet 989.00 11,868.00 Chevrolet Express or equal - V8 Express or equal - V8 Automobiles, Pontiac G8, Buick Buick Lucerne, Lucerne, Chev Impala or equal - 6 cyl. mo. 12 Chev Impala or 652.00 7,824.00 orV8 equal - 6 cyl. or V8 Ext Cab or Crew Trucks, Ext Cab or Crew Cab, Ford F- Cab, Ford F-150. 150, Chevrolet Silverado, Dodge Ram, mo. 1,240 Chevrolet Silverado, 542.00 672,080.00 Toyota Tundra or equal Dodge Ram, Toyota Tundra or e ual Box Trucks with Liftgate, 12'-16', 16ft box truck, Isuzi Hino, International, Freightliner or day 21 63.00 1323.00 e ual or Mitsibushi Box Trucks with Liftgate, 24'-26', 24', Hino, Hino, International, Freightliner or day 21 International, 73.00 1533.00 e ual Freightliner TOTAL $973,160.00 Page 13 of" 15 -....___r_----..-....-.. "-- '..-",..-- " IJ3 N rJ'l N f ,- ~ I Q'1 fi ; II. Related Items: Identify a specific document and pricing reference, for example, ABC, Inc. 10/1196 Fall Catalog list price column, or XYZ Co. 1/1/96 Jobber Price Sheet wholesale price column, etc., and a multiplier thereto, for example, 75% to indicate a 25% discount, or 110% to indicate a 10% premium. The purchases by Harris County of these related items should not exceed 20% of the total annual purchases under the contract. 1. Document and pricing reference: N/ A Multiplier: 2. Document and pricing reference: N/ A Multiplier: III. Payment Discount: Indicate the payment discount(s) available depending on when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. N/A IV. Renewal: Harris County may request to renew the original contract, as amended from time to time, at the same terms, conditions, and pricing. Each renewal will be in one (1) year increments, not to exceed four (4) years. Page 14 of i< ._. ~---,r--'---_. ~~_n" -__'_..._ Attachmenta. Job No. 0810259 RESIDENCE CERTIFICATIONffAX FORM Pursuant to Texas Government Code ~2252.001 et seq., as amended, Harris County requests Residence Certification. ~2252.00 I et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of ~2252.001 are stated below: (3) "Nonresident bidder" refers to a person who is not a resident (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. t8J I certify that Entemrise Leasing Company of Houston (DBA EnteflJrise Rent -A-Car) is a Resident Bidder of Texas as defined in [Company Name) Government Code ~2252.00 I. D I certify that is a Nonresident Bidder as defined in [Company Name) Government Code ~2252.00t and our principal place of business is [City and State] f'oe M 0'1 N .1- Taxpayer Identification Number (T. I. N.): 74-1744231 Company Name submitting BidIProposal: Entelprise Leasing Company of Houston "- o I ~ 'I'l ~ Mailing Address: 10401 Centrepark Drive. Houston. TX 77073 If you are an individual, list the names and addresses of any partnership of which you are a general partner: PROPERTY: List all taxable property owned by you or above partnerships in Harris County. Harris County Tax Acct. No. * Property address or location** See Attached spreadsheet * This is the property account identification number assigned by the Harris County Appraisal District. ** For real property, specify the property address or legal description. For business personal property, specify the address where the property is located. For example, office equipment will nonnally be at your office, but inventory may be stored at a warehouse or other location. Revised 11106 Page 15 of tf(