HomeMy WebLinkAboutPR 22339: AWARDING A CONTRACT TO PREMIER TRUCK SALES & RENTAL, INC. TO SUPPLY TWO RENTAL GARBAGE TRUCKS City of on mbar Texas www.Po rtArth u rTx.gov INTEROFFICE MEMORANDUM Date: January 12, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Flozelle Roberts, EIT, MEng, MBA, Director of Public Works RE: P.R. No. 22339—Awarding a Contract to Premier Truck Sale & Rental, Inc. to Supply Two Rental Garbage Trucks Introduction: Staff recommends that the City Council adopt Proposed Resolution No.22339,which authorizes the City Manager to execute a contract with Premier Truck Sales & Rental, Inc. of Cleveland, Ohio, in the not to exceed amount of$50,000.00 to supply two rental garbage trucks. Background: The City has experienced an increase in the repairs to its garbage trucks. This increase has resulted in increased down time and delays in the pickup of citizens' garbage. Rental of two garbage trucks will aid in the upkeep of garbage routes,and will temporarily allow for the repair of City-owned garbage trucks. Budget Impact: Funding is available in ARPA account number 169-07-015-5401-00-40-000, project number ARP010-GRE-RNT. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Recommendation: It is recommended that the City Council approve P.R. 22339 authorizing the City Manager to execute a contract with Premier Truck Sales &Rental, Inc. of Cleveland, Ohio, in the not to exceed amount of$50,000.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R.No.22339 01/11/2022 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PREMIER TRUCK SALES & RENTAL, INC. OF CLEVELAND, OHIO,FOR THE RENTAL OF TWO GARBAGE TRUCKS FOR ONE MONTH WITH THE OPTION TO EXTEND THE RENTAL, IN AN AMOUNT NOT TO EXCEED$50,000.00; FUNDING IS AVAILABLE IN ARPA ACCOUNT NO. 169-07-015-5401-00-40-000, PROJECT NO. ARP010- GRE-RNT. WHEREAS, the City of Port Arthur's residential garbage trucks have experienced an increase in repairs; and, WHEREAS,this increase has resulted in increased truck down time and delays in the pickup of garbage; and, WHEREAS, the City Council of the City of Port Arthur, at its January 11, 2022, regular meeting, confirmed the emergency nature and its desire to rent two garbage trucks to aid in the upkeep of garbage routes and sanitary conditions; and, WHEREAS,Premier Truck Sales&Rental,Inc.of Cleveland.Ohio,can provide two rental trucks for $31,000.00 for one month with the option to extend as indicated in Exhibit A; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute,on behalf of the City,a contract between the City of Port Arthur and Premier Truck Sales& P. R.No.22339 01/11/2022 FCR Page 2 of 3 Rental, Inc. of Cleveland, Ohio, for the rental of two garbage trucks in an amount not to exceed $50,000.00; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of ,2022 AD, at a regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote:AYES:Mayor: Councilmembers: NOES: Thurman "Bill" Bartie. Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: See me rriv ) Valecia R. Tizeno, Esq., City Attorney P. R.No.22339 01/11/2022 FCR Page 3 of 3 APPROVED FOR ADMINISTRATION: Ron Burton, City Manager Flozelle Roberts, EIT, MEng, MBA, Director of Public Works , IliAit-1 Clifton illiams, CPPB, Purchasing Manager Kandy Danie(Interim Director of Finance P. R. 22339 Exhibit A DocuSign Envelope ID:24AD1783-768D-405D-B973-67C08602686F ffCajg:Ete Rental Agreement Track Sales 5 Rental, Inc. Contract No.: RC14588 7700 Wad Street Starting Date: 1/19/2022 Cleveland,Ohio 44125 800.825.1255 Customer ID: PTARTH www.premiertrucksales.com Phone No.: 409.983.8160 P.O. Number: NEED Bill City of Port Arthur Ship City of Port Arthur To: Clifton Williams To: 103 HENRY 0 MILLS BLVD PO BOX 1089 PORT ARTHUR,TX 77640-2434 PORT ARTHUR.TX 77641-1089 United States United States A COPY OF THIS AGREEMENT MUST BE IN VEHICLE AT ALL TIMES Eqp. No/Description Estimated Rental Period Quantity Weekly Rate 4 Week Rate L5220 2022 MACK LR64R SL Rental Period: 01/19/22- 03/16/22 1 0.00 9,100.00 1 M2LR2GC8NM005182 Related Charges No. Description Quantity Unit Price FRL Rental Delivery Charge 1 3,200.00 Comments 4 week minimum rental. * $5000/TRUCK OR$2500/TRAILER DEPOSIT REQUIRED. * UNLESS OTHERWISE PUBLISHED, PICKUP FREIGHT CHARGES ARE SAME AS DELIVERY CHARGES. *CUSTOMER HAS READ BOTH SIDES OF THIS AGREEMENT AND AGREES TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE. *ALL ACCIDENTS MUST BE REPORTED IMMEDIATELY AND ARE THE CUSTOMER'S RESPONSIBILITY.CUSTOMER IS RESPONSIBLE FOR ALL DAMAGE TO THE EQP WHILE IN THE CUSTOMER'S POSSESSION,INCLUDING TIRES. *CUSTOMER IS RESPONSIBLE FOR ALL TOLLS,TRAFFIC VIOLATIONS AND MUST TURN IN ALL SUMMONS UPON CHECK-IN. *EQUIPMENT MUST BE RETURNED CLEAN.MINIMUM CHARGE OF$150 WILL BE ASSESSED IF EQP IS RETURNED DIRTY. *EXTRA CHARGES APPLY FOR OVER 50 HOURS/5 DAYS PER WEEK. *FOR RENTAL OVER 30 DAYS,USDOT NUMBER AND CUSTOMER NAME MUST BE DISPLAYED ON THE UNIT. *CUSTOMER AGREES TO PAY FOR ALL FUEL USED. FUEL RECEIPTS/GALLONS OF FUEL USED&MILEAGE MUST BE REPORTED MONTHLY. *DO NOT USE ANY HAND HELD DEVICES WHILE DRIVING. *TO TERMINATE RENTAL PLEASE EMAIL MILES&HOURS TO RentaIPPremierTruckSales.com *CUSTOMER AGREES ALL OUTSTANDING BALANCES ARE DUE UPON THE RETURN OF THE VEHICLE. PAYMENT MUST ACCOMPANY THE VEHICLE RETURN. IF CUSTOMER FAILS TO PAY,CUSTOMER AUTHORIZES PREMIER TO CHARGE BALANCE DUE TO CUSTOMER'S CREDIT CARD. *25%OF RENTAL BILL MAY BE APPLIED TO PURCHASE UNIT. *THE PRICING ON THIS CONTRACT IS VALID FOR 1 YEAR FROM CONTRACT START DATE. *PLEASE KEEP TRACK OF FUEL USAGE AND MILES PER STATE*FUEL RECEIPTS/GALLONS OF FUEL USED&MILEAGE MUST BE REPORTED MONTHLY* CUSTOMER'S SIGNATURE OR AUTHORIZED REPRESENTATIVE ACCEPTS ALL TERMS&CONDITIONS X Ronald Burtons SIGNATURE PRINTED NAME DATE DocuSign Envelope ID:24AD1783-768D-4O5D-B973-67CO86O2686F Premier Truck Sales&Rental,Inc.("Premier")hereby rents to the"Customer"identified on the front page 9. Indemnity: of this Agreement the"Vehide'described thereon upon the terms and conditions set forth on the front page and below.This Agreement will not be effective or binding on the parties until it has been signed in Ohio by a representative of Premier. 1. Drivers:The Vehicle may only be driven,towed or transported by Customer and persons whose names appear on the front page.All drivers will be under Customer's supervision and control and must be at least 21 years of age,qualified and properly licensed,with no more than 2 minor traffic violations in the last 36 months,and no major traffic violations in the last 48 months.Drivers are prohibited from using handheld devices while operating the Vehicle. Gneterner: 2. Prohibited Use:The Vehicle must not be used:(a)for the transportation of persons for compensation; 10. No Agency:Customer and its drivers are not agents,servants,or employees of Premier for any (b)in any race,test,or competitive event;(c)outside the United States without first obtaining Premiers reason or for any purpose.During the term of this Agreement and for so long as Customer is in written permission;(d)in violation of any federal,state,or local law;(e)while intoxicated or under the possession of the Vehicle,Customer will be responsible for the Vehicle to the public and any regulatory influence of alcohol or a drug of abuse;(f)to push or tow any vehicle except a trailer properly attached to body having jurisdiction. the 5th wheel,or a single axle 2 wheel lightweight trailer if the Vehicle is equipped with a towing hitch 11. Maintenance and Repairs:Customer must perform and pay for all normal,periodic and other basic installed for or by Premier(and not a bumper clamp on hitch);(g)if further use of the Vehicle would cause service,adjustments and lubrication of the Vehicle in accordance with the Preventative Maintenance damage(e.g.:warning light on,flat tire,steam rising from engine);(h)to carry in the cabin of the Vehicle Guidelines below.If the Vehicle fails to operate properly or needs repair,Customer must immediately firearms,or other deadly weapons;(i)to transport explosive materials;(j)to transport a total vehide and notify Premier and cease using the Vehide.Customer must not make or permit any repairs to the Vehide payload weight in excess of the gross vehicle weight as specified on the Vehicle;(k)to drive in or through without Premier's written consent.Customer must pay for any such repairs and will not permit any lien to a structure where there is insufficient clearance,whether of height or width; (I)if cargo is improperly be placed upon the Vehicle.Customer must not make any alterations,additions,or improvements to the loaded and/or secured;or(m)if lug nuts are not torqued to 450-5001bs.Passengers may not be carried in Vehicle without the prior written consent of Premier.All alterations,additions and improvements made to or on the Vehicle or a trader attached thereto.The Vehicle may not be used to transport hazardous the Vehicle will belong to and become the property of Premier upon the termination of this Agreement. materials unless Customer is properly licensed.Customer must clean the Vehicle to remove all Premier is not obligated to,but may,inspect the inside and outside of the Vehicle at any time,and hazardous materials therein prior to return to Premier. Customer will make the Vehicle available for inspection and will provide Premier with access to its 3.Term:The rental of the Vehicle pursuant to this Agreement will commence on the Start Date as premises for purposes of making such inspection.Customer acknowledges that Premier has no control reflected on the first page and will continue until(i)the Customer returns the Vehicle to Premiers facility over the operation,use,maintenance and/or repair of the Vehicle.Upon return of the Vehicle,if Premier or such other location as is designated by Premier(the"Designated Location"),(ii)such date as Premier determines that monthly maintenance was not performed,there will be an additional minimum charge of notifies Customer the rental is terminated,(iii)if Premier agrees to pick up the Vehicle,such date as at least$500. Customer notifies Premier in writing(including by email)that the rental is being terminated,which General Truck Preventative Maintenance Guidelines:Replace filters,top off fluids or grease notification must specify the miles and hours of use as of the time of notification and must be components according the following schedules:Fuel filter(s):250 Hours(firs)or 10,000 Miles(Mi)IFuel contemporaneous with the termination,or(iv)the day before the second annual anniversary of the Start water separator.250 Hrs or 10,000 MijEngine oil&filter(s):500 Hrs or 20,000 MilAir filters:500 Hrs or Date.The date on which the rental of the Vehicle is terminated is referred to herein as the"Termination 20,000 MilCabin air filter.500 Hrs or 20,000 MilCoolant filter(if applicable):1,000 Hrs or 40,000 MilPower Date." steering fluid&filter.1,000 Hrs or 40,000 MitHydraulic filter:Every 1,000 hrsIManual transmission 4. Return of Vehicle:The Vehicle is the property of Premier and,unless Premier agrees to deliver and fluid:Every 12 months of senviceiDrive axle fluid:Every 12 months of services Automatic transmission pick up the Vehicle for the charge indicated on the front page,it must on the Termination Date be fluid&filters:4,000 HrsIGrease complete unit(If equipped w/auto greaser keep tank filled w/#2 returned,together with all associated tires,tools,accessories and equipment,to the Designated Location. grease)on a weekly basis(Only steering shafts and drive lines are required to manually grease). Failure to return the Vehicle to the place and on the date specified will terminate Customer's right to use General Trailer Preventative Maintenance Guidelines:Grease all lubrication points Weekly(Reeving the Vehicle.If the Vehicle is not returned to Premier at the place specified,Customer must pay all cylinder winch pulleys are required to be greased manually)IN equipped wlauto grease system,keep expenses incurred by Premier to move the Vehide to that location.If not provided sooner,Customer must reservoir filled w/#2 chassis greaseiCheck wheel hubs for proper fluid levels&inspect for visible report to Premier upon return of the Vehicle the miles and hours of use thereof by State and must provide leaks:Weeklyllf equipped w/grease hubs:Remove hubcaps to check grease condition every six receipts for all fuel purchased for the Vehicle.Premier may replace any Vehicle being rented hereunder monthslCheck condition of cables and lubricate weeklylReplace cable it There are six randomly with a comparable vehicle which Customer will continue to rent upon the terms and conditions specified in distributed broken wires throughout the rope,or three broken wires in one strand,or if any other damage this Agreement On the Termination Date,Customer hereby authorizes Premier to enter onto Customer's is presentiLubricate cable monthly and/or immediately afterwards if the cable has been cleaned via soap premises to take possession of the Vehide. or pressure washerjlf equipped w/cable winches,check gear boxes for proper fluid levels and inspect 5.Amounts Due Premier.Customer must pay Premier.(a)All time and mileage charges as computed for visible leaks monthly. on the front page with mileage determined by reading the Vehide odometer or hubometer,(b)The cost of 12. Accidents:Customer must immediately report any accident to Premier and deliver to Premier every repairing or replacing any odometer or hubometer if any seal thereon is broken;(c)A mileage charge process,pleading,notice,or paper of any kind received by Customer or any driver of the Vehicle relating equivalent to the overage charge developed from Premier's experience if any odometer or hubometer to any claim,suit or proceeding connected with any accident or event involving the Vehicle.Customer does not work or if the seal thereon is broken;(d)A refueling charge if the Vehicle is returned with less must cooperate fully with Premier and its insurer in investigating and defending the same. fuel than when rented(as indicated on the front page,the rent does not include fuel);(e)All sales,use, 13. Credit Charges:If Customer directs Premier to bill charges hereunder to any other person,such excise or other taxes charged on the rent paid hereunder;(f)All fines,penalties,forfeitures,courts costs person will be jointly and severally liable for all such charges.CUSTOMER EXPRESSLY AUTHORIZES and out of pocket expenses incurred by Premier with respect to Customer's use of the Vehicle including PREMIER TO PROCESS A CREDIT CARD VOUCHER FOR CHARGES MADE HEREUNDER,IF parking,traffic or other violations assessed against Premier,the Vehide,or Customer,unless due to PREMIER IS NOT PAID WHEN DUE. Premier's fault;(g)Premier's costs and expenses including reasonable attomey's fees(unless prohibited 14. Loss&Damage Provisions:Customer will take reasonable steps to prevent theft of the Vehicle, by law),incurred in collecting any payments due hereunder or in repossessing the Vehicle;(h)A late fee induding removing the keys and locking the Vehicle,or the tractor to which it is attached,when it is not at the rate of 12%per annum on any delinquent payments hereunder;(i)For use exceeding 5 days or 50 being used.Customer must return the Vehicle in the same condition in which received,except for hours in any week,$35 per hour for Front Loaders,and$30 per hour for all other Vehicles;(j)The cost of ordinary wear and tear.Customer must compensate Premier for any loss of,or damage to,the Vehicle cleaning the Vehide upon return'rf it is dirty in an amount is not less than$150;and(k)For unauthorized limited to the full value thereof at the time it is lost or damaged,less its salvage value,plus an removal of decals,$250 for rolloff,hooklift,and tractor Vehicles,and$750 for FEL,AFL,RL,and ASL administrative fee and Premier's related expenses,including loss of use,appraisal fees,recovery costs Vehicles.Premier will invoice Customer every 28 days in advance for its usage during that period,and and reasonable attorneys'fees.If the Vehicle is damaged in a manner for which Customer is responsible, 25%of the rent paid will be applied to a purchase of the Vehicle on the Termination Date.Invoices must the Vehicle may be repaired by Premier at Premier's then prevailing hourly rate for labor posted at the be paid within 30 days except Customer must pay any outstanding rent or other amounts due hereunder location where the Vehicle is being repaired,or by a Premier independent contractor at the hourly rate for upon return of the Vehicle.Customer waives any offset against any rent or other payments due the labor charged for such repairs,as the case may be.Customer must pay Premiers standard price hereunder.Customer must pay the full amount of any rental or other amount due hereunder regardless of charged for all parts needed to complete such repairs. any daims which may be asserted by it against Premier.Customer must NOT detach or tamper with any 15. Breach:If Customer breaches this Agreement,Premier may terminate the rental of the Vehicle Vehicle odometer or hubometer, hereunder as of a Termination Date specified in a notice provided by Premier to Customer,which notice 6.Vehicle Insurance:Until it is returned to the Designated Location,Customer must maintain property may provide that the breach may be cured prior to the Termination Date.No breach of this Agreement insurance on the Vehicle naming Premier as loss payee and covering loss or damage occasioned by fire, may be waived except in writing and a waiver of a breach does not constitute a waiver of any future theft,had,explosion,flood,accident,collision,act of God or any other risk.Customer must also maintain breach. auto liability insurance with a limit of not less than$1,000,000 and name Premier as an additional insured. 16.Vehicle Sale:The Vehide is held by Premier for sale and Premier may terminate the rental of the Prior to the Start Date,Customer must deliver to Premier a certificate of insurance evidencing compliance Vehicle with not less than seven days'notice if Premier locates a buyer therefor. with the foregoing.If the Vehicle becomes involved in an accident and must be repaired or replaced, 17. Miscellaneous:This Agreement is governed by the laws of the State of Ohio and the exclusive Customer must continue to pay rent for the Vehide until it is repaired or replaced and returned to Premier jurisdiction for claims and disputes under this Agreement will be the State courts located in Cuyahoga available for use.Customer waives on behalf of its insurers any right of subrogation its insurers may have County,Ohio.The term'induding'where used in this Agreement means"induding without limitation.' against Premier. Customer's obligations under this Agreement continue until possession of the Vehicle has been returned 7. Subordination:Customer acknowledges that Premier may grant a security interest in the Vehicle to a to Premier. secured party('SP")and all of Customer's rights in and to the Vehicle shall be subject and subordinate to 18.Assignment and Succession:Customer may not assign or sublease its interest in this Agreement all interests and rights of SP therein,whether now existing or arising hereafter,if applicable. without the prior written consent of Premier.This Agreement will be binding upon and inure to the benefit 8. Warranties and Remedies:PREMIER IS NOT THE MANUFACTURER OF THE VEHICLE.THE of the heirs,successors and permitted assigns of the parties hereto. VEHICLE IS BEING RENTED AS IS AND PREMIER MAKES NO WARRANTIES WITH RESPECT TO 19. Entire Agreement;Modifications:This Agreement constitutes the entire agreement of the parties THE VEHICLE EXCEPT THAT IT IS IN RUNNING CONDITION.PREMIER DISCLAIMS THE IMPLIED hereto and no modification hereof shall be binding unless in writing. WARRANTIES OF USE FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY.IF THE VEHICLE BREAKS DOWN DURING THE RENTAL PERIOD FOR REASONS OTHER THAN ABUSE OR NEGLECT BY CUSTOMER,PREMIER WILL,AS CUSTOMER'S SOLE REMEDY,REPAIR THE VEHICLE,REPLACE THE VEHICLE,OR RETURN ALL UNEARNED RENTAL FEES,AT PREMIER'S OPTION.IN NO EVENT WILL PREMIER BE LIABLE TO CUSTOMER FOR SPECIAL, Customer Signature I Premier Signature Date CONSEQUENTIAL,INDIRECT,INCIDENTAL,OR PUNITIVE DAMAGES.