Rental Vehicles - State Term Contract - Executed.pdf

Rental Vehicles

Contract No. 78111808-20-1 Between Florida Department of Management Services and Avis Budget Group, Inc.

This Contract is between the State of Florida (State), Department of Management Services (Department), Division of State Purchasing (Division), with offices at 4050 Esplanade Way, Tallahassee, FL 32399-0950, and Avis Budget Group, Inc. (Contractor), collectively referred to herein as the “Parties.”

The Department and Contractor entered into negotiations as outlined in Section 287.057(5), Florida Statutes, for a Rental Vehicles Contract. After negotiations, the Department and the Contractor mutually agreed on acceptable terms and conditions and have decided to enter into this Contract.

Accordingly, the Department and Contractor agree as follows:

1. Contract Term The term of this Contract No. 78111808-20-1, Rental Vehicles, will be for five (5) years with up to five (5) years of renewals. The contract term will begin on September 30, 2020, or the date of the last signature on this Contract, whichever occurs later.

2. Contract As used in this document, the term “Contract” (whether or not capitalized) shall, unless the context requires otherwise, be considered to be a reference to this Contract.

This Contract, together with the following attachments, all incorporated by reference, sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All attachments listed below are incorporated in their entirety into, and form part of, this Contract.

The Contract attachments shall have priority in the order listed below:

a) Contract Exhibit A, Statement of Work

b) Contract Exhibit B, Special Contract Conditions

c) Contract Exhibit C, Contractor’s Submitted Price Sheet

d) Contract Exhibit D, Select Out-of-State City Surcharges

e) Contract Exhibit E, Offered Brands Acknowledgment

3. Amendments No oral modifications to this Contract are permitted. All modifications to this Contract must be in writing and signed by both parties.

Notwithstanding the order of priority listed in Section 2, amendments executed after the Contract is executed may expressly change the provisions of the Contract, in which case the most recent amendment will take precedence over anything else that is part of the Contract.

4. Due to the ongoing state of emergency caused by COVID-19, the minimum operating hours provision of section 21.2 of the Statement of Work is waived for the first six months of the Contract.

DocuSign Envelope ID: 5E1ACB7F-0FC4-4FE3-9941-2A6E53B1B3D5

This Contract is executed upon signature of authorized officers as of the dates signed below:

State of Florida, Department of Management Services

Avis Budget Group, Inc.

By: Jonathan R. Satter Secretary

By: Beth Kinerk Senior Vice President

Date Date

9/8/2020 | 3:05 PM EDT9/8/2020 | 3:41 PM EDT

CONTRACT EXHIBIT A

Contract No. 78111808-20-1

Statement of Work

1 General Requirements

1.1 Contractor shall provide Customers with rental vehicle services for in-state and out-of-state travel.

1.2 Contractor shall provide vehicles to any Renter who possesses a valid driver’s license and proof of employment by a Customer, is at least 18 years of age, and has a form of payment allowed under the rental agreement. Contractor shall not require any additional prequalification either via oral or written inquiry, and Contractor shall not apply a minimum age surcharge to Business Rentals.

1.3 Contractor shall allow the Renter’s Personal Associates and Business Associates to operate the rental vehicle, as an additional driver, for both Business Rentals and Leisure Rentals, at no additional fee.

1.4 Contractor may impose a minimum age requirement exclusively for the rental of Passenger Vans for 12 or more people. The Contractor’s minimum age requirement shall not exceed 21 years of age for Business Rentals or 25 years of age for Leisure Rentals. Contractor shall immediately notify the Department in writing upon the imposition of a minimum age requirement for the rental of Passenger Vans for 12 or more people.

1.5 Contractor shall secure, maintain, and pay for any federal, state, and local licenses required to provide the services described in this Contract.

2 Definitions

2.1 Brand – Contractor’s affiliate, subsidiary, or sister company (a subsidiary that is owned by the same parent company as the Contractor) engaged in the business of renting vehicles.

2.2 Business Associate – A duly licensed driver who is traveling with the Renter for the purpose of conducting State business or performing official duties and is either:

1) a Customer’s employee, or 2) an employee of a State contractor, vendor, or supplier, or 3) a volunteer performing an official State function.

2.3 Business Use or Business Rental – Renter’s use of rental vehicle to conduct work activities authorized by the Customer.

2.4 Class – The category of rental vehicle.

2.5 Clean Vehicle – A rental vehicle in Excellent or Very Good Condition, with a washed exterior and free of dirt, debris, mud, and bug residue; a clean interior free of trash and vacuumed; clear windows with no glare or film; and no residual odors, smoke, or cigarette smell.

2.6 Customer – Any Agency, as defined in section 287.012(1), F.S., or any Eligible User, as defined in Rule 60A-1.001(2), F.A.C., that procures services under the Contract.

2.7 Daily Rental – Rental that is one (1) 24-hour period in length.

2.8 Excellent or Very Good Condition – A vehicle that looks new or has minor cosmetic defects, and that is in excellent mechanical condition, as defined in Kelley Blue Book.

2.9 Leisure Use or Leisure Rental – Renter’s use of vehicle for personal travel.

2.10 Monthly Rental – Rental that is thirty (30) days in length

2.11 Personal Associate – A duly licensed driver traveling in the rental vehicle with the Renter who has one of the following relationships with the Renter: spouse, domestic partner, or the Renter’s children who are above the age of 25 and who reside at the Renter’s primary residence.

2.12 Renter – A Customer’s authorized representative or employee who is authorized to rent vehicles for travel.

2.13 Weekly Rental – Rental that is seven (7) days in length.

3 Rental Agreement Contractor shall prepare a rental agreement for each Renter who rents a vehicle under this Contract. Any additional terms and conditions contained in Contractor’s rental agreement that conflict with this Contract are invalid.

4 Contracted Vehicle Classes

4.1 Primary Vehicle Classes - The Classes of vehicles listed below are the most desired by the State. The Contractor shall have the following Classes of vehicles available for rent under this Contract:

State Class ACRISS Code Category Type Transmission Fuel/Air

Conditioning

Compact CCAR Compact 2/4 Door Auto Unspecified Drive

Unspecified Fuel/Power With Air

Intermediate ICAR Intermediate 2/4 Door Auto Unspecified Drive

Unspecified Fuel/Power With Air

Full-size FCAR Full-size 2/4 Door Auto Unspecified Drive

Unspecified Fuel/Power With Air

Minivan MVAR Mini Passenger Van

Auto Unspecified Drive

Unspecified Fuel/Power With Air

12 Passenger Van FVAR Standard Passenger Van

Auto Unspecified Drive

Unspecified Fuel/Power With Air

State Class ACRISS Code Category Type Transmission Fuel/Air

Conditioning

Standard SUV SFAR Standard SUV Auto Unspecified Drive

Unspecified Fuel/Power With Air

4.2 Additional Vehicle Classes – The Contractor shall also have the following

Classes of vehicles available for rent under this Contract:

State Class ACRISS Code Category Type Transmission Fuel/Air

Conditioning

Economy ECAR Economy 2/4 Door Auto Unspecified Drive

Unspecified Fuel/Power With Air

Intermediate SUV IFAR Intermediate SUV Auto Unspecified Drive

Unspecified Fuel/Power With Air

Large SUV FFAR Full-size SUV Auto Unspecified Drive

Unspecified Fuel/Power With Air

Standard Pickup SPAR Standard Pickup Auto Unspecified Drive

Unspecified Fuel/Power With Air

Large Pickup PPAR Premium Pickup Auto Unspecified Drive

Unspecified Fuel/Power With Air

Standard Hybrid XCAH or XCAI Standard 2/4 Door

Auto Unspecified Drive

Hybrid Air or Hybrid Plug In Air

5 Vehicle Availability Contractor shall maintain a sufficient number of vehicles on hand to meet the needs of Renters with reservations in the Contracted Vehicle Classes.

If a reserved vehicle is not available at the time of pickup by the Renter, Contractor shall provide an authorized upgrade, as described in Section 6, Authorized Upgrades, and shall note on the invoice that a higher-Class vehicle was substituted at the same or a lower price.

6 Authorized Upgrades Contractor may offer a vehicle upgrade at no increase in cost to the Renter. When a reserved vehicle is unavailable or when a vehicle replacement is warranted, the Contractor may offer, with the approval of the Renter, a higher-Class vehicle (within the ACRISS series) at no additional cost to or Renter. Minivans, trucks, and SUVs are permissible upgrades for any of the CAR series with the approval of the Renter.

7 Vehicle Requirements

7.1 Contractor shall provide Renters with rental vehicles with fewer than 35,000 miles, unless authorized in writing in advance by the Department to offer vehicles with higher mileage. Contractor certifies that odometer and original miles are accurate.

In the event that Contractor has no vehicles with fewer than 35,000 miles available for rental, Contractor may offer the Renter a rental vehicle with more than 35,000 miles. If the Renter does not accept the rental vehicle, no vehicle will be deemed available and Contractor will be subject to the provisions of Section 35 herein.

7.2 All vehicles supplied to Renters must have the following minimum standard equipment: automatic transmission, power steering, power brakes, power locks, power windows, air conditioning, AM/FM radio, air bags, cruise control, and all-season radial tires. In the event that Contractor has no vehicles with cruise control available for rental, Contractor may offer the Renter a rental vehicle without cruise control. If the Renter does not accept the rental vehicle, no vehicle will be deemed available and Contractor will be subject to the provisions of Section 35 herein.

7.3 Contractor shall equip and maintain all rental vehicles to meet all federal, state, and local vehicle safety standards, codes, and ordinances.

7.4 At the time of vehicle pickup, Contractor shall deliver to the Renter a Clean Vehicle that has been properly serviced. Contractor shall ensure that the vehicle is in good and working order and that the vehicle is not displaying warning lights or symbols, the vehicle has the proper fluid and coolant levels, the tires have been inspected for tread wear and inflation level, the breaks are not squealing, and wiper blades are functional. All vehicles should be in Excellent or Very Good Condition with no body damage or mechanical problems.

7.5 In inclement winter weather, upon request, vehicle must be equipped with snow tires or chains as appropriate and furnished with an ice scraper. Contractor may charge the additional fee, if any, identified in the rental agreement for the rental of tire chains. On request from Renter, Contractor shall provide instruction to the Renter on the proper installation of tire chains. Renters are not responsible for chain damage to the vehicle.

7.6 If available, Contractor shall provide hand controls for the disabled when requested by the Renter.

7.7 All vehicles rented under this Contract shall be non-smoking.

8 State-Approved Vehicle Class Unless otherwise specifically requested by the Renter, the State-approved vehicle Class shall be “Compact” unless upgraded by Contractor at no additional cost.

9 Contractor Brands Services provided through Contractor’s multiple Brand(s), if any, shall be provided at the same Contract rates and shall comply with all terms and conditions set forth in the Contract. Contractor is fully responsible for the compliance and performance of its Brands.

10 Reservation Requirements

10.1 Contractor shall maintain a State-dedicated online reservation system where

Customers and Renters can access the rates under this Contract. The reservation system shall maintain an uptime of 99.5% for Renters to make reservations and access available information. Contractor shall make available the Contract rates on all major Global Distribution Systems (GDS). Contractor shall maintain a toll-free, 24-hour per day reservation phone number through which Contractor’s personnel will have access to the Contract rates. Contractor shall also accept reservations at rental locations via walk-in and local telephone number.

Contractor’s personnel at all Contractor rental locations must have access to the rates and terms and conditions contained in this Contract.

10.2 Upon acceptance of the reservation, Contractor shall issue a confirmation number and provide written confirmation via email to the Renter.

10.3 Contractor shall not charge additional fees for reservations made less than 24 hours prior to pick up.

10.4 Contractor shall provide the reserved vehicle Class or a higher Class, if accepted by the Renter, at no additional charge for all Customer reservations.

10.5 If the Renter is not present at the estimated vehicle pickup time, Contractor shall hold the reservation for three (3) hours after the Renter's estimated time of arrival prior to release.

10.6 Whenever possible, the Renter will advise Contractor of any change of travel plans necessitating rental vehicle cancellation or delayed pickup. However, in no situation will the State, the Department, Customer, or Renter be liable for payment of "no shows."

11 Vehicle Pickup

11.1 Contractor will verify that the Renter is an employee or authorized representative of a Customer by requesting employee identification, badge, or written authorization on letterhead of the Customer, in physical or electronic form, at or before the time of vehicle pickup. The Renter’s provision of identification constitutes prima facie evidence of the Renter’s eligibility to utilize this Contract.

Contractor shall perform all processing necessary to rent the vehicle (drive off the lot) within thirty (30) minutes after the arrival of the Renter at the rental pickup location, except as provided in Section 22.3.

Contractor may request the Renter to sign Contractor’s standard rental agreement to document the delivery of the vehicle. Contractor shall provide to Renter a completed copy of the standard rental agreement showing:

a. The Class of vehicle rented and the itemized charges and total projected charges to be billed for the rental.

b. Date, time, and location for the vehicle’s return. The Contractor shall include a description of the charges that may be applied for late returns of vehicles.

c. Odometer reading upon pickup.

d. Fuel level upon pickup, expected fuel level upon return, and the rate that will be charged for fuel if returned with insufficient fuel level.

e. Telephone numbers to be used in case of problems (breakdown, accident, etc.) or questions.

11.2 At all rental locations, Contractor shall furnish vehicles containing a full tank of gas.

11.3 If Renter agrees to drive a vehicle with less than a full tank of gas, the rental agreement must be clearly marked indicating the level of fuel in the vehicle at the beginning of the rental period. If the Renter returns the vehicle with more fuel than provided by Contractor at the beginning of the rental period, Contractor is required to credit the rental receipt/invoice with the difference.

12 Alternate Pickup and Drop-Off Personnel For Business Rentals, Contractor shall allow designated personnel who are employed by the Customer to pick up and return a rental vehicle for use by a Renter who has provided written authorization on agency or government letterhead at the time of pickup for the designated personnel to pick up and return a rental vehicle on behalf of the Renter. The designated personnel picking up and returning the vehicle must provide a valid driver’s license and employee badge or employee identification. For Leisure Rentals, the Renter must be present to pick up the vehicle.

Personal Associates may return the Leisure Rental to a rental location, subject to the requirements of Section 16.

13 Maintenance and Operating Expenses The only maintenance and operating expense for which the Customer or Renter may be billed is gasoline or another fuel type (e.g., diesel, compressed natural gas, etc.) required to operate the vehicle. All other maintenance and operating expenses are the responsibility of Contractor.

Contractor shall only supply vehicles that have been maintained in accordance with manufacturer's requirements, industry standards, and all applicable laws.

14 Mechanical and Safety Issues If, in the Renter’s judgment, a vehicle in the Renter’s possession becomes substantially impaired or unsafe to operate, Contractor shall immediately replace the vehicle upon notification by the Renter, at no additional charge. Contractor shall deliver the replacement vehicle to the Renter’s location or provide transportation, at no additional cost, to the Renter and any passengers, to the Contractor’s nearest rental location for a replacement vehicle within two (2) hours of being notified by the Renter. Notification is defined as first contact with a Contractor’s employee or designated roadside assistance service provider. Contractor shall be responsible for all repairs and towing of the impaired vehicle.

15 Breakdowns, Unsafe Conditions, and Emergency Assistance In the event of a vehicle breakdown, a situation in which the Renter believes the vehicle is unsafe (as described in Section 14, above), or other vehicle emergency, the Contractor shall act to resolve the situation immediately, but in all cases Contractor shall resolve the situation within two

(2) hours. Notification is defined as first contact with a Contractor’s employee or designated roadside assistance service provider. In all cases, the Contractor’s primary consideration is the safety and security of the renter and passengers. Contractor shall provide a 24-hour toll-free roadside assistance number to Renter at the time of vehicle pickup. Personnel operating the roadside assistance number shall be familiar with and have access to the terms and conditions of the Contract.

Breakdowns are situations where the vehicle either no longer operates as intended or does not operate at all. Examples of breakdowns include but are not limited to: brake failure; failure to accelerate; vehicle shaking; difficulty steering the vehicle; overheating; engine smoking; bald or flat tires; locking keys in the car; and running out of gas. Contractor shall be responsible for all costs associated with roadside assistance, however Renter will be responsible for the cost of gas replacement and key replacement when Renter error caused the emergency.

In the event of a breakdown the Contractor shall remedy the situation within two (2) hours of being notified by the Renter (ex. fix the flat tire, jump start the vehicle, refill the vehicle with gas, unlock the vehicle) or replace the vehicle, as described in Section 14 of this document. Replacement vehicles shall be the same or greater Class and shall be provided at no additional charge.

Emergencies include but are not limited to situations that have resulted in or may imminently result in harm to the operator, passengers, or property. Examples of an emergency are collisions and instances when the vehicle is not able to be safely operated. In these situations, immediate assistance is required.

The Contractor shall presume that a Renter’s notification regarding breakdowns, unsafe conditions, and emergency assistance is valid.

Contractor must track the status of the event until resolved to the Renter’s satisfaction.

16 Vehicle Return

16.1 Vehicles should be returned on the date and at the rental location specified on the rental agreement provided at pickup. If the Renter returns the vehicle 59 minutes late or less, no overtime rates shall be assessed. If the Renter returns the vehicle more than 59 minutes late, a one-hour late fee may be assessed. If the accumulated additional hours rate exceeds the value of the Daily Rental rate, Contractor shall bill for the Daily Rental rate.

16.2 The vehicles should be returned with a full tank of gas (as long as the vehicle was full at pickup).

16.3 Refueling Charge.

a. Rates for all Classes of vehicles provided under the Contract are dry rates and do not include fuel. Gasoline and other forms of fuel (e.g., diesel) will be charged to the Renter when the vehicle is returned with less than a full tank of fuel according to the vehicle fuel gauge. Prior to returning the vehicle, Renters must refill the vehicle or pay the refueling charge.

b. If a rental vehicle is returned with less fuel than a full tank of gas and a refueling charge is applied, the refueling charge will be calculated by multiplying the per-gallon rate by the number of gallons needed to fill the tank to the fuel level at the time of pickup. The refueling charge and the per-gallon rate shall be separately itemized on the rental invoice.

c. The per-gallon rate shall be the Florida Midgrade (Conventional Areas) rate as posted on the first Monday of every month in the U.S. Energy Information Administration’s (EIA) Weekly Retail Gasoline and Diesel Prices Index. This per-gallon rate shall apply for all U.S. rentals. The EIA index can be accessed at:

https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_nus_w.htm.

d. Fuel price shall be adjusted monthly, effective on the first Wednesday after the first Monday of every month. The adjusted monthly fuel price shall be the most recent “Weekly” fuel price published by the EIA and shall apply until the first Wednesday of the following month. It is the responsibility of Contractor to update the fuel price as specified. It is the responsibility of the Renter to review all charges.

16.4 Contractor shall provide Renters with a receipt/invoice upon return of the vehicle.

Receipt/Invoice details are specified in Section 26, Receipts/Invoices.

17 One-Way Rentals Contractor shall not charge any drop fee or any mileage charge for one-way rentals that occur within the State. For any out-of-state, one-way rentals of 700 miles or less, Contractor shall not charge any drop fee or mileage charge. For any out-of-state, one-way rentals greater than 700 miles, Contractor shall not charge any drop fee but may assess a mileage charge, for miles driven after the first 700 miles (no mileage charge shall be assessed for the first 700 miles driven), at the rate specified in Attachment C, Price Sheet. The mileage charge for the one-way rental will be the product of that rate and the actual miles driven during the rental period.

18 Emergency Management Service Rentals

18.1 In the event the Governor of the State declares a State of Emergency through an

Executive Order, Contractor shall, within 48 hours of the declared emergency, increase its fleet to ensure the vehicles listed in Section 18.5 are available for use in the impacted area(s). Contractor shall give reservations for vehicles required to support the declared emergency priority treatment over all other commercial (non-contract) reservations and rentals. Customer reservations for vehicles in response to a declared emergency shall receive equal or greater priority than other government emergency response reservations. Contractor shall provide discounted Emergency Management Service rental rates to Florida Division of Emergency Management (FDEM) Authorized Personnel (personnel deployed or designated by the FDEM).

18.2 Only FDEM Authorized Personnel are eligible to rent vehicles at Emergency Management Service rental rates. FDEM Authorized Personnel will be identified by a current State Emergency Response Team identification badge.

18.3 Emergency Management Services rental rates will be discounted from the in-state Contracted Class rates for the vehicle Class requested by FDEM Authorized https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_nus_w.htm

Personnel and shall include the same insurance coverage and benefits afforded to Renters under this Contract.

18.4 When a vehicle is requested to be reserved for a State of Emergency and the rental location does not have the requested vehicle Class, Contractor will locate that type of vehicle and will reserve the vehicle at another rental location of Contractor if requested by FDEM Authorized Personnel.

18.5 Contractor shall provide the Emergency Management Service rental rates specified on Attachment C, Price Sheet, for the following vehicle Classes:

• Standard SUV (SFAR)

• Intermediate SUV (IFAR)

• Large SUV (FFAR)

• Compact Car (CCAR)

• Full-size (FCAR)

• Standard Pickup Truck (SPAR)

• Large Pickup Truck (PPAR)

• Minivan (MVAR)

19 Alternate Vehicles Contractor shall not provide vehicle classifications other than the Class reserved by the Renter without the Renter’s approval. All alternate vehicle classifications offered to Renters must meet or exceed the requirements of this Contract.

20 Leisure Use of Contract Contractor will extend Business Rental rates to Customers for Leisure Use of all vehicles that Contractor is authorized to rent under the Contract, unless otherwise provided herein. Contractor will verify that the Renter is an employee or authorized representative of a Customer by asking for employee identification, badge, or written authorization on letterhead of the Customer at or before the time of vehicle pickup.

20.1 Contractor will not provide liability and collision/loss damage insurance coverage for Leisure Rentals. Renters are responsible for purchasing or having in effect such coverage for Leisure Rentals.

20.2 Contractor will provide all other services, amenities, and features included in the Business Rental rates for primary vehicle Classes and additional vehicle Classes accepted by the Department, including unlimited mileage and roadside assistance.

20.3 Contractor will provide a separate account number for Leisure Rentals at no charge to Renters. Contractor will link the separate account number to the State’s business account, allowing Contractor’s reporting system to document all rental activity under the Contract.

20.4 Contractor will provide Leisure Rentals through all Brands available under the Contract.

20.5 Contractor will implement billing procedures which permit seamless transition of rentals from Business Use to Leisure Use.

21 Requirements for Contractor Rental Locations

21.1 Contractor shall have enough rental locations throughout Florida to provide safe, reliable, and convenient options for Renters.

21.2 All rental locations must, at a minimum, be open for business from 9:00 AM to 5:00 PM local time Monday through Friday excluding State holidays, as defined in section 110.117, F.S. Upon express written approval from the Department, Contractor may be permitted to operate specific rental locations with alternative business hours.

21.3 Contractor’s rental locations will be in a permanent commercial structure, well-lit, clean, properly maintained, and clearly identified as the vehicle rental company with whom the reservation was made.

21.4 Contractor shall ensure that Contract prices and terms and conditions are available at all rental locations and that there is 100 percent adherence to the Contract rates.

21.5 After-Hours Return at non-Airport Locations.

The Contractor shall provide for after-hours returns (drop-off) in all major metropolitan areas (Miami, Ft Lauderdale, Tampa, Orlando, Jacksonville, Tallahassee, and Pensacola) or institute a procedure that allows Renters to return vehicles during hours when rental locations are closed for business. At a minimum, Contractor shall provide a means for the Renter to securely return the vehicle key and document the time at which the vehicle was returned to the rental location.

22 Airport Locations

22.1 Contractor shall provide rental vehicle services at all Florida commercial airports and at all “Large” commercial airports in the United States, as listed in the Federal Aviation Administration’s CY2018 report (see the FAA report link provided below).

To meet this requirement for “Large” commercial airports, airport rental locations may be on-site, terminal locations at the airport, or off-site locations within two (2) miles of the airport.

https://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passen ger/media/preliminary-cy18-commercial-service-enplanements.pdf

22.2 At airport rental locations with counters, Contractor personnel shall be available during terminal hours of operation and at least one (1) hour after the last flight of the day has arrived.

22.3 Where permitted by the regulations of the applicable airport authority, Contractor must have a shuttle bus that runs, at a minimum, every fifteen (15) minutes to and from the airport and Contractor’s airport rental location. Contractor’s shuttle service pickup shall be accomplished within 15 minutes of the Renter’s notification to Contractor. Contractor shall fully process vehicle pickup within fifteen (15) minutes of the Renter’s arrival at the rental location. Upon return of the rental vehicle to airport rental locations located off airport grounds, Contractor must transport the Renter to the airport terminal within thirty (30) minutes of vehicle return.

DocuSign Envelope ID: 5E1ACB7F-0FC4-4FE3-9941-2A6E53B1B3D5 https://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passenger/media/preliminary-cy18-commercial-service-enplanements.pdf https://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passenger/media/preliminary-cy18-commercial-service-enplanements.pdf

22.4 For airport rental locations located off airport grounds, Contractor shall provide a courtesy phone, clearly identifiable sign at the airport terminal indicating the telephone number to call for the Contractor’s shuttle, or have a clearly identified location at which the shuttle may be boarded for transportation to the rental vehicle’s location.

22.5 All airport rental locations must remain open at least one (1) hour after the last flight of the day has arrived at the airport served by that rental location.

23 Mandatory Tallahassee Locations

23.1 Downtown Tallahassee Rental Location

Contractor shall establish and operate a downtown Tallahassee rental location within two-miles driving distance of the Florida State Capitol Building. The downtown Tallahassee rental location shall be operational by the Contract start date and continue for the duration of the Contract.

23.2 Eastern Tallahassee Rental Location

Contractor shall establish and operate an eastern Tallahassee rental location using the intersection of North Monroe Street and East Tennessee Street to separate the quadrants within the city within six months of Contract execution.

23.3 Capital Circle Office Center Rental Location

Contractor shall establish and operate a rental location within two miles driving distance of the Capital Circle Office Center. The location shall not be south of Tram Road or north of Apalachee Parkway. This rental location shall be operational within six months of Contract execution.

23.4 Additional Tallahassee Rental Location(s)

In addition to the Tallahassee airport rental location and the downtown and eastern Tallahassee rental locations, Contractor shall establish and operate adequate rental locations to service the Tallahassee area to meet the needs of the Contract.

24 Contract Rental Rates

24.1 Contractor shall not charge Customer or Renter in excess of the Contract rates for rental vehicles specified on Attachment C, Price Sheet. Contract rates shall apply to in-state and out-of-state rentals. Contract rates shall be based on a 24-hour day starting from the time the vehicle is picked up by the Renter.

24.2 Contractor shall provide Daily, Weekly, and Monthly Rentals at the rates specified on Attachment C, Price Sheet.

24.3 Contractor shall ensure that Contract rates and terms and conditions are available at all Contractor rental locations.

24.4 Contract rates include all charges for reservations, shuttle service, collision/loss damage waiver insurance, and unlimited mileage.

24.5 Contract rates must include all fees, charges, and costs for vehicle licensing, use, and operation. If Contractor itemizes a Vehicle Licensing Fee (VLF) as a separate charge on the invoice, Contractor shall list the vehicle rental rate as the negotiated Contract rate minus the VLF fee.

24.6 Contract rates are exclusive of local and State sales and federal excise taxes, airport concession fees, city surcharges, and city differential fees applicable in certain cities.

24.7 Contract rates do not include refueling charges, legislative or mandated taxes, bond issues imposed by government bodies, or any optional charges that the Customer or Renter may purchase with the rental. Contractor shall itemize those charges as separate line items on the rental agreement and add the charges to the base rate.

24.8 Where the Customer or Renter is not exempt from sales taxes on sales within their state, Contractor shall add the sales taxes on the billing invoice as a separate entry.

24.9 Rental receipts/invoices must clearly detail all surcharges, local taxes, concession fees, fuel charges, and other charges that are not included in the Contract rate.

24.10 Contract rates shall be applied beginning with the Daily Rental rates. In any instance when applying the Daily Rental rate (inclusive of any additional hours rates) results in a higher total cost than if the Weekly Rental rate were applied, the Contractor shall apply the Weekly Rental rate. In any instance when applying the Weekly rental rate results in a higher total cost than if the Monthly Rental rate (inclusive of any additional hours rates), then the Contractor shall apply the Monthly Rental rate.

24.11 Contractor must honor Contract rates, whether the reservation was made by the online reservation system, telephonically or walk-up, when the Renter provides identification or documentation, in physical or electronic form, identifying them self as a Renter under the contract. The Renter’s provision of identification constitutes prima facie evidence of the Renter’s eligibility to utilize this Contract

25 Taxes In accordance with section 212.08(6), F.S., only in-state rentals that are billed directly to the Customer by use of a purchasing card (P-Card), purchase order, or by a pre-approved Method of Payment are tax exempt. Tax exemption will not apply to rentals when Renters use personal funds for payment, including cash, checks, or credit cards, even if the Renter is subsequently reimbursed by the Customer. Out-of-state rentals may have tax charges.

26 Receipts/Invoices Contractor shall ensure that all receipts and invoices are complete, legible, and, at a minimum contain the following data:

• Renter’s Name

• Billing Address

• Vehicle Reserved

• Vehicle Rented/Driven

• Date and time vehicle was checked out

• Date and time vehicle was checked in

• Beginning odometer reading

• Ending odometer reading

• Miles driven

• Vehicle rental rate per day

• Vehicle rental rate per hour (if applicable)

• Excess mile charge (if applicable)

• Applicable fees including mandated, non-mandated, and city premium surcharges

• Refueling: Number of gallons and price per gallon

Contractor’s standard receipt/invoice may be used, provided the required data is included. If the Renter has satisfied all obligations, the receipt/invoice must show a zero-balance due.

27 Minimum Insurance Requirements for Business Use of the Rental Vehicles Contractor shall ensure that all base vehicle rental rates include the following insurance coverage as minimum liability on a primary coverage basis:

Bodily injury $100,000 per individual Bodily injury $300,000 per accident Property Damage $100,000 Comprehensive Non-Deductible Collision Non-Deductible

If Contractor chooses to offer combined single limit liability coverage, Contractor shall include in the base vehicle rental rates combined single limit liability coverage (bodily injury and property damage) of $500,000 per occurrence.

The State reserves the right to increase this minimum liability coverage. Base vehicle rental rates must include liability insurance in compliance with the following requirement:

Insurance Overriding Agreement – The State shall have the right to allow Business Associates and Personal Associates of the Renter to drive the rented vehicle while traveling for business purposes, even though the Business Associate or Personal Associate may not be an employee of the Customer. Any Business Associate or Personal Associate granted such permission shall be entitled to receive all insurance and other benefits of the rental agreement to the same extent as if the Business Associate or Personal Associate had signed the rental agreement.

Customers that utilize the Contract do not have the authority to deny any of the above insurance coverage, except when renting vehicles for leisure.

NOTE – Certificates of Insurance shall be provided, and the certificate holder’s name(s) upon the certificates shall be:

Customers of the State of Florida C/O: Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950

Certificates of Insurance shall be in effect upon the effective date of the Contract through the termination of the Contract. It is Contractor’s responsibility to provide certificates prior to their expiration to the Department’s Contract Manager. All insurance policies shall be through insurers authorized to write policies in Florida or through a self-insurance program that is acceptable to the State.

28 Collision/Loss Damage Waiver Fee For all Business Rentals, Contractor shall include the collision/loss damage waiver fee in the base rate for each Class of vehicle. Business Use Renters shall not be charged any additional fees to insure the rental vehicle. On behalf of itself and its franchisees, Contractor specifically waives any right to submit any claim or maintain any suit against the State, the Department, or Customer for any physical damage, loss, vandalism, fire, theft, or any other costs such as downtime, loss of revenue, administrative expenses and other expenses, of a rental vehicle provided under this Contract, provided the rental vehicle was not used by the Renter in any manner prohibited by the Contract.

Contractor shall inform the Renter whether or not the loss damage waiver is included when the Renter is using the vehicle for Leisure Use.

Notwithstanding the above, the Renter shall not smoke in Contractor’s vehicles, and Contractor may reasonably charge the Renter for any smoking damages caused by the Renter or other passengers in the vehicle while in the Renter’s possession.

29 Liability for Rental Vehicle Contractor shall hold the State, the Department, Customer, and, for Business Use, Renters, Business Associates and Personal Associates harmless from claims for physical damage, loss, vandalism, fire, or theft of the rental vehicle, provided rental vehicle was not used by a Renter, Business Associate, or Personal Associate for any of the following activities:

a. Driving under the influence of alcohol or any prohibited drugs;

b. Operating the vehicle for an illegal purpose;

c. Using the vehicles to push or tow another vehicle, unless the vehicle is equipped for towing and Contractor has agreed to this in writing beforehand;

d. Using the vehicle to carry passengers or property for hire;

e. Driving the vehicle in a race or contest;

f. Permitting operation of the vehicle by an unlicensed driver;

g. Driving the vehicle outside of the United States, except where such use is specifically authorized by the Contract; and

h. Driving the vehicle on other than paved, graded or maintained roads or driveways, except when Contractor has agreed to this in writing beforehand (Note: SUV’s and pick-up trucks will be allowed, without Contractor’s prior written agreement, to operate off paved, graded or maintained roads, and driveways or roads open for use by high-clearance vehicles (Maintenance Level 2 definition for roads in National Forests).

30 Vehicle Accidents Renters must notify Contractor of all accidents involving any rental vehicle in the Renter’s possession and must provide information concerning the accident, as requested by Contractor.

Renters must reasonably cooperate with Contractor in the investigation of accident claims and demands and in the recovery of damages from liable third persons.

31 Contact and Information Contractor shall provide a management-level contract administrator (Contract Administrator) for the State who will work with the Department’s Contract Manager to manage the State account, which includes handling questions and resolving issues. The Contract Administrator will be responsible for addressing broad Contract issues and requests made by the Department or a Customer. The Contract Administrator must have the authority and ability to address and correct any issues related to the implementation and operation of the Contract. Contractor shall notify the Department’s Contract Manager of any changes in assignment of the Contract Administrator, in writing via email, within two (2) business days of the new assignment.

32 Personnel Training and Resources Contractor shall ensure that all counter personnel at all rental locations in Florida are trained on the terms and conditions and the rental rate structure of the Contract. Contractor shall provide counter personnel with written or electronic materials that provide guidance and instructions for renting vehicles to Customers in accordance with the terms and conditions of the Contract. All out-of-state counter personnel must have contact information for Contractor’s Contract Administrator or other Contractor staff educated on the terms and conditions of the Contract to seek guidance when providing rental services to Customers.

33 Telematics Reporting When requested by the Department, Contractor shall provide any telematics data that is collected while Renters are operating rental vehicles under the Contract, unless the release of collected data is prohibited by applicable law. Telematics data shall be provided to the Department in the format agreed upon between Contractor and the Department and shall include the specific data sought at the time of the request. The Department reserves the right to require Contractor to provide telematics reporting on a recurring basis (monthly, quarterly or annually) during the term of the Contract.

34 Customer Survey The Department will provide Customers with a voluntary Customer survey. The Customer survey will assist the Department in verifying Contractor’s compliance with the Contract. The Customer survey will additionally assist the Department in verifying that Contractor is providing Renters with satisfactory customer service.

Renters “overall experience” shall be rated as satisfactory on at least ninety (90) percent of Customer surveys. For purposes of this section, satisfactory “overall experience” shall be measured on a ten-point scale. A satisfactory “overall experience” is any score greater than five (5).

35 Required Service Levels and Financial Consequences Financial consequences will be assessed for failure to timely perform or submit a report as required by the Contract. Financial consequences will be assessed on a daily or per occurrence basis for each individual failure until the performance or submittal is accomplished to the satisfaction of the Department and will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each and every month and quarter thereafter.

The Department may collect financial consequences by reducing payments to Contractor or require Contractor to pay via check or money order in US Dollars and made out to the Department within thirty (30) calendar days after the required report submission date. The Department reserves the right to withhold payment, require Contractor to pay financial consequences via check or money order in US Dollars within thirty (30) calendar days after the required report submission date, or implement other appropriate remedies, such as Contract termination or non-renewal, when Contractor has failed to perform/comply with the provisions of the Contract.

Contractor shall meet the performance levels specified in the following table:

Deliverable Performance Metric Measurement Consequences for Non-

Performance

1 Vehicles for Renters will be available pursuant to the reservation

All reserved vehicles will be available in accordance with Section 5 and 6 of this Statement of Work

(SOW).

1) No vehicle provided to Renter:

As reported by Renter

2) Downgrade vehicle provided to Renter: According to rental data

1) No Vehicle provided to Renter: $75 per occurrence

Downgrade vehicle provided to Renter: $50 per occurrence

2 Upon vehicle pickup, Renter will be provided with a Clean Vehicle

All Renters will receive a Clean Vehicle at pickup in accordance with Section 7.4 and

7.7 of the SOW.

No more than three

(3) Renter complaints received by the Department’s Contract Manager or listed in the Department’s Customer survey

$50 for each occurrence after the third occurrence, per quarter

3 Upon vehicle pickup, Renter will be provided with a mechanically sound vehicle

All Renters will receive a mechanically sound vehicle at pickup in accordance with Section 7.1, 7.3, 7.4, and 7.5 of the SOW.

No more than three

(3) Renter complaints received by the Department’s Contract Manager or listed in the Department’s Customer Survey

$50 for each occurrence after the third occurrence, per quarter.

Deliverable Performance Metric Measurement Consequences for Non-

Performance

4 Contractor will provide excellent customer service

Renters responding to the Department’s Customer survey provide an overall experience score in accordance with Section 34 of the

SOW.

Renter’s responding to the Department’s Customer survey submit an overall experience score of 6 or greater at least 90% of the time when responding to the Department’s Customer survey

Customer satisfaction calculated quarterly:

89-85%: $1,000

84-80%: $1,500

Less than 80%:

$2,000

5 Contractor will provide Renter with assistance within two (2) hours of reporting breakdowns, unsafe conditions, and emergency assistance support

Contractor will provide assistance in accordance with Sections 14 and 15 of the SOW.

Zero (0) complaints received by the Department’s Contract Manager or listed in the Department’s Customer survey

$200 per occurrence

6 Invoices will be correct and accurate at the time of submission

98% of Contractor’s invoices will be correct, accurate, and in compliance with Section 26 of the

SOW.

No more than two

(2) percent of Contractor’s invoices are inaccurate

$500 per quarter

7 Contractor’s reports will be fully and timely submitted to the Department

100% of Contractor’s reports will be submitted to the Department in accordance with Section 40 of the

SOW.

Zero (0) reports are submitted late or incomplete.

$300 per quarter

36 Purchasing Card The State has implemented a P-Card program using the Visa platform. The Contractor may receive payments via the state’s P-Card in the same manner as any other Visa purchases. P- Card/Visa acceptance for purchase is a mandatory requirement for the Contract but is not the exclusive method of payment. If the State changes its P-Card platform during the term of Contract, the Contractor shall make any necessary changes to accommodate the State’s new P-Card platform within thirty (30) days of notification of such change.

37 Business Review Meetings In order to maintain the partnership between the Department and Contractor, the Department may require a business review meeting each quarter. The Department may require specific attendees associated with Contractor’s services provided under this Contract, either in person or by conference call. The business review meeting may include, but is not limited to, the following:

• Successful completion of deliverables;

• Review of Contractor’s performance;

• Review of minimum required reports;

• Addressing any elevated Customer issues; and

• Review of continuous improvement ideas that may help lower total costs and/or improve business efficiencies.

38 Delays and Complaints

Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the Contract, via the complaint to vendor process outlined in the PUR 7017, Complaint to Vendor, contemplated for this Contract, may result in default proceedings and cancellation of the Contract.

39 Insurance, Loss Deductible

The Customer shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor. Upon request, Contractor shall furnish the Customer an insurance certificate proving appropriate coverage is in full force and effect.

40 Contract Reporting and Documentation

40.1 Monthly Sales Report

Contractor shall submit a monthly sales report electronically, in a format acceptable to the Department, to the Department’s Contract Manager within ten (10) calendar days after the close of each month. The Department reserves the right to require Contractor to provide additional reports, lists, or other documentation regarding sales, pricing, fees, or other information, with thirty (30) days’ written notice. Failure to timely provide the monthly report, or other reports or documentation requested by the Department, may result in the imposition of financial consequences or in Contractor being found in default and may result in termination of the Contract. Initiation and submission of the monthly report are the responsibility of Contractor without prompting or notification by the Department. Sales will be reviewed on a monthly basis.

At a minimum, the monthly sales report shall contain the following elements:

Element Description Contractor/Brand Identifies the vehicle rental company associated with the rental Ticket Rental agreement…