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Home My WebLink About10-0720 Enterprise • )o-o-Ta0 CAR RENTAL PREFERRED RATE AGREEMENT This Car Rental Preferred Rate Agreement (this "Agreement") is hereby made and entered into this 20th day of July 2010, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), and Enterprise Leasing Company of Chicago, LLC, a Delaware limited liability company (hereinafter referred to as "Enterprise"). WHEREAS, the City has determined it to be in its best interests to rent vehicles for police purposes; and WHEREAS, Enterprise has agreed to provide vehicles to the City on a rental basis under the terms and conditions provided for herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The above recitals are hereby incorporated into and made a part of this Agreement, as if fully recited herein. 2. Enterprise shall rent vehicles to the City from time to time upon the City's request pursuant to the following rate schedule: Vehicle Class Daily Weekly Monthly Intermediate $24.00 $120.00 $481.00 Standard $27.00 $135.00 $491.00 Full Size $30.00 $145.00 $504.00 Mini-Van $41.00 $229.00 $775.00 Medium SUV $41.00 $229.00 $775.00 3. The aforementioned rental rates do not include applicable taxes, surcharges, refueling, one-way, drop-off or, except as set forth below, any optional products or services such as damage waiver ("DW"), liability protection, personal accident insurance and personal effects coverage ("Driver Protection Products"). 4. City shall pay Enterprise on demand all fines, penalties, fees and costs for legal violations, parking, tolls, towing and storage including, without limitations, any tollway, parking and/or traffic violations incurred by the City. 5. Damage to, loss or theft of Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. City and ADD(s) must immediately deliver to the office where Vehicle was rented every process, pleading, or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, City and ADD(s) shall cooperate fully with Enterprise and its representatives. 6. In addition to the aforementioned rates, the City shall pay to Enterprise an additional twenty cents ($.20) per mile for each mile in excess of 2,500 miles per month, per vehicle. 7. This Agreement shall terminate December 31, 2011; provided, however that either party hereto may terminate this Agreement at any time for any reason upon thirty (30) days written notice to the other party, without liability other than for per diem rental charges, as provided for herein. 8. Employees of the City shall use the customer number assigned by Enterprise to the City; namely, 15A9730, for rentals for business use when making a reservation for rentals. 9. Enterprise shall charge the base rental charges provided hereinabove, during the period of not less than June 31, 2011. Beginning July 1, 2011, through the remainder of this Agreement, the aforementioned base rental charges provided above shall increase by three percent (3%). For purposes of rate calculation, a day of rental is deemed to be any twenty-four (24)-hour period or a portion thereof. 10. Except as otherwise required by law, the City shall maintain the confidentiality of the pricing offered to the City and all other terms under this Agreement. 11. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral, written or implied, between the parties hereto regarding the subject matter hereof 12. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes for the enforcement of any rights arising out of or in connection with this Agreement shall be either Kane or Cook County, depending upon the county in which the relevant incident occurs. 13. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 14. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this Agreement shall remain in full force and effect. 15. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Enterprise shall comply with all applicable federal, state, city and other requirements of law, -2- • including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Enterprise hereby certifies, represents and warrants to the City that all of Enterprise's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. Enterprise shall also secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of Enterprise to determine Enterprise's compliance with the provisions of this section, limited to prevailing wages, minimum wage, workplace safety, and legal status of employees. 16. The City hereby consents to an assignment by Enterprise to any of Enterprise's affiliated companies or a corporate successor upon conversion, merger or consolidation. 17. Signature on File. As part of any rental transaction in which Enterprise delivers possession of a rental vehicle to an Employee or agent of City other than the Employee intended as renter, the transaction will be subject to the following terms and procedures supplemental to those provided in the Rental Contract: (a) City's name will appear as "renter" on the Rental Contract; (b) the notation "Signature on File" will substitute for the signature or initials of the Employee intended as renter in each applicable part of the Rental Contract; (c) City will be responsible for designating the Employee intended as renter as authorized to accept possession of the rental vehicle, and for procuring a written receipt from such Employee confirming delivery of possession of the rental vehicle; (d) City will not allow use of the rental vehicle by any Employee under the age of 25 or as provided by law, or use by any Employee other than for business use, or use by any Employee not possessing a valid driver's license issued by the state in which the Employee resides; (e) City will be responsible for ensuring compliance with California Vehicle Code Sections 14604-14609 and any other state's comparable law by assuming Enterprise's responsibility to compare the signature of the Employee to whom the vehicle is to be rented to the signature of such Employee on his or her driver's license; (f) if the rental vehicle is a passenger van with seating for over 10 occupants, City will be responsible for distributing to all Employee drivers copies of the Large Van Addendum to the Rental Contract; and (g) City agrees to defend and indemnify Enterprise against all claims, liabilities, costs and expenses (including reasonable attorneys' fees) arising from the use of any rental vehicle or breach of any Rental Contract term by any Employee in connection with a "signature-on-file" rental transaction, including any claim based on an allegation of negligent entrustment attributable to the incompetence of such Employee to operate the rental vehicle,or other allegation of negligence. -3- • " IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY OF ELGIN or // By: 411 Al Sean Stegall, City Manager ENTERPRISE LEASING COMPANY OF CHICAGO, LLC By: _ - Michaa-Cruicksharik; Regional Vice President f:\legal dept\agreement\enterprise car rental agreement.docx -4- - —