HomeMy WebLinkAboutEnterprise Fleet Management - Maintenance Management and Fleet Rental Agreement DocuSign Envelope ID:14FD41F2-FC2A-4572-A34A-620088711130
enterprise •
FLEET MANAGEMENT
2O -0415
MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT
This Agreement is entered into as of the 30th day of January,2020, by and between Enterprise Fleet Management, Inc., a Missouri corporation, doing business as
"Enterprise Fleet Management"("EFM"),and Mason County (the"Company").
WITNESSETH:
1. ENTERPRISE CARDS: Upon request from the Company,EFM will provide a driver information packet outlining its vehicle maintenance program(the"Program")
and a card("Card")for each Company vehicle included in the Company's request. All drivers of vehicles subject to this Agreement must be a representative of the
Company,its subsidiaries or affiliates. All Cards issued by EFM upon request of the Company shall be subject to the terms of this Agreement and the responsibility
of the Company. All Cards shall bear an expiration date.
Cards issued to the Company shall be used by the Company in accordance with this Agreement and limited solely to purchases of certain products and services for
Company vehicles,which are included in the Program. The Program is subject to all other EFM instructions,rules and regulations which may be revised from time
to time by EFM. Cards shall remain the property of EFM and returned to EFM upon expiration or cancellation.
2. VEHICLE REPAIRS AND SERVICE: EFM will provide purchase order control by phone or in writing authorizing charges for repairs and service over$75,or such
other amount as may be established by EFM from time to time under the Program. All charges for repairs and services will be invoiced to EFM. Invoices will be
reviewed by EFM for accuracy,proper application of potential manufacturer's warranties,application of potential discounts and unnecessary,unauthorized repairs.
Notwithstanding the above,in the event the repairs and service are the result of damage from an accident or other non-maintenance related cause(including glass
claims),these matters will be referred to the Company's Fleet Manager. If the Company prefers that EFM handle the damage repair,the Company agrees to assign
the administration of the matter to EFM. EFM will administer such claims in its discretion. The fees for this service will be up to$125.00 per claim and the Company
agrees to reimburse for repairs as outlined in this agreement. If the Company desires the assistance of EFM in recovering damage amounts from at fault third parties,
a Vehicle Risk Management Agreement must be on file for the Company.
3. BILLING AND PAYMENT: All audited invoices paid by EFM on behalf of the Company will be consolidated and submitted to the Company on a single monthly
invoice for the entire Company fleet covered under this Agreement. The Company is liable for,and will pay EFM within ten(10)days after receipt of an invoice or
statement for,all purchases invoiced to the Company by EFM,which were paid by EFM for or on behalf of the Company. EFM will be entitled to retain for its own
account,and treat as being paid by EFM for purposes of this Agreement,any discounts it receives from a supplier with respect to such purchases which are based
on the overall volume of business EFM provides to such supplier and not solely the Company's business. EFM will exercise due care to prevent additional charges
from being incurred once the Company has notified EFM of its desire to cancel any outstanding Card under this Agreement. The Company will use its best efforts to
obtain and return any such cancelled Card.
4. RENTAL VEHICLES: The Card will authorize the Company's representative to arrange for rental vehicles with a subsidiary of Enterprise Rent-A-Car Company
for a maximum of two(2)days without prior authorization. Extensions beyond two(2)days must be granted by an EFM representative. The Company assumes all
responsibility for all rental agreements arranged by EFM with a subsidiary of Enterprise Rent-A-Car Company through an EFM representative or through the use of
the Card. All drivers must be at least 21 years of age,hold a valid driver's license,be an employee of the Company or authorized by the Company through established
reservation procedures and meet other applicable requirements of the applicable subsidiary of Enterprise Rent-A-Car Company.
5. NO WARRANTY: EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,WITH RESPECT TO PRODUCTS, REPAIRS OR
SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD PARTIES, INCLUDING,WITHOUT LIMITATION,ANY REPRESENTATION OR WARRANTY AS TO
MERCHANTABILITY,COMPLIANCE WITH SPECIFICATIONS,OPERATION,CONDITION,SUITABILITY,PERFORMANCE,QUALITY OR FITNESS FOR USE. Any defect
in the performance of any product,repair or service will not relieve the Company from its obligations under this Agreement,including without limitation the payment
to EFM of monthly invoices.
6. CANCELLATION: Either party may cancel any Card under this Agreement or this Agreement in its entirety at any time by giving written notice to the other party.
The cancellation of any Card or termination of this Agreement will not affect any rights or obligations under this Agreement,which shall have previously accrued or
shall thereafter arise with respect to any occurrence prior to such cancellation or termination. A Card shall be immediately returned to EFM upon cancellation to:
Enterprise Fleet Management,600 Corporate Park Drive,St.Louis,MO 63105,Attention:Enterprise Card Department. Notice to EFM regarding the cancellation of any
Card shall specify the Card number and identify the Company's representative. In the case of a terminated representative,such notice shall include a brief description
of the efforts made to reclaim the Card.
7. NOTICES: All notices of cancellation or termination under this Agreement shall be mailed postage prepaid by registered or certified mail, or sent by express
overnight delivery service,to the other party at its address set forth on the signature page of this Agreement or at such other address as such party may provide
in writing from time to time. Any such notice sent by mail will be effective three(3)days after deposit in the United States mail,duly addressed,with registered or
certified mail postage prepaid. Any such notice sent by express overnight delivery service will be effective one(1)day after deposit with such delivery service,duly
addressed,with delivery fees prepaid. The Company will promptly notify EFM of any change in the Company's address.
Initials: EFM Customer St'
DocuSign Envelope ID:14FD41F2-FC2A-4572-A34A-620088711130
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8. FEES: EFM will charge the Company for the service under this Agreement$ per month per Card,plus a one time set-up fee of$0
9. MISCELLANEOUS: This Agreement may be amended only by an agreement in writing signed by EFM and the Company. This Agreement is governed by the
substantive laws of the State of Missouri(determined without reference to conflict of law principles).
IN WITNESS WHEREOF,EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and year first above written.
Company: Mason County EFM: Enterprise Fleet Management,Inc.
Signature: S'Iu1rrat4.'I'Irost- Signature: 1-,
By:
Sharon Trask By: Fiona Watson
commissioner Finance Director
Title: Title:
Address: 411 N 5th St. Address: 500 Naches SW Ave
Shelton, WA 98584 Renton, WA 98057
Date Signed: January 30, 2020 Date Signed: January 30, 2020
Initials: EFM Customer
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