AVIS BUDGET GROUP, INC. - VEHICLE RENTALA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE
PURCHASING SECTION OF OUR WEBPAGE AT:
www.hialeahfl.gov
CITY OF HIALEAH
CONTRACT AWARD
PURCHASING DEPARTMENT
CITY OF HIALEAH CONTRACT: STATE OF FLORIDA CONTRACT # 78111808-20-1, RENTAL VEHICLES
DESCRIPTION: VEHICLE RENTAL
CONTRACT PERIOD: 10/01/2022 - 09/30/2025
SECTION #1 – VENDOR AWARD
Name: AVIS BUDGET GROUP, INC. Name:
Contact: BETH SCHOELLER Contact:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
Name: Name:
Contact: Contact:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CITY COUNCIL APPROVED ON: 11/08/2022, ITEM K AMENDED AMOUNT:
RESOLUTION NO: INSURANCE REQUIREMENTS:
ANNUAL CONTRACT AMOUNT: $75,000.00 PERFORMANCE BOND:
APPLICABLE ORDINANCES:
Notes:
SECTION #3 – REQUESTING DEPARTMENT
CITY OF HIALEAH, DEPARTMENT OF POLICE
Contract Administrator: Chief George Fuente
Phone: 305-687-2553
SECTION #4 – PROCURING AGENCY
CITY OF HIALEAH, DEPARTMENT OF POLICE
Contract Administrator: Chief George Fuente
Phone: 305-687-2553
Prepared by: Marilin Gutierrez
ITEM # _\:( -~·
NOV 0 8 2022
COUNCIL AGENDA ITEM REQUEST FORI\
This form, letter from the department head addressed to the Mayor and City
-
RECEIVED
':ounCJ~OJ.s 0,,~11 ?&2 2
supporting documents are due the Monday of the week prior to the City 1 b u rlfJiA.o/'oFf.~fjj
FFICE
Date of Request : October 28 , 2022
Requesting City Department:
Po lice De partme nt
Requested Council Meeting
Date : November 8, 2022
Action Requested from the ~ Issue a purchase order
City Council :
D Increase a purchase o r der
D Award a bid
D Bid No.
D Rej e ct a bid
D Bid No.
D Spe ci al Ev e nts Perm it
D Street Closure
D Other:
Sc ope of se rvi ce (s) o r Vehi c le Re nta ls
product(s):
V e ndor: Avi s Bud ge t Group
Expe nditure Amount: $r7~j OD O ·L•u
Fundin g Sou rce (i.e., accou nt La w Enforceme nt Trust Fund, State -Re ntal & Leases -Vehicl e
funding th e expenditure): 105.1000.521442
-
-
r Purchase Process: D Competitive Bidding
D An exception to competitive bidding applies:
D Professional services in the nature of consultants,
D
D
D
Accountants, and attorneys
Sole source provider
Emergency based on object facts
Credit facilities
~ Competitive bidding is not required because the City is
utilizing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
~ Title of state, county or other governmental
Agencies contract:
Rental Vehicles 78111808-20-1
~ Piggy-back contract expiration date:
September 30, 2025
D Waive Competitive Bidding
D Reason(s) it is not advantageous to the City to
utilize competitive bidding:
Signatures:
r
Esteban Bovo, Jr.
Mayor
Carl Zogby
Council President
Monica Perez
Council Vice President
October 28, 2022
City of Hialeah
Honorable Mayor Esteban Bovo, Jr.
And Council Members
City of Hialeah
Hialeah, Florida 33010
RE: Undercover Surveillance Vehicles
Dear Mayor and Council Members:
Council Members
Bryan Calvo
Vivian Casals-Munoz
Jacqueline Garcia-Roves
Luis Rodriguez
Jesus Tundidor
Sec. 2-818 of the Charter of Hialeah states whenever advantageous to the city, the city may utilize bids that
have been awarded or under contract by the state, county or other governmental agencies. If the city utilizes
state, county or other governmental agency bids, competitive bidding will not be required.
The Hialeah Police Department investigates high-level narcotic and other protracted complex investigations
that require surveillance of subjects and locations in various settings. The surveillance done on subjects has
been a great tool to prevent crime. The standard police looking vehicles such as the Ford Taurus or Chevrolet
Impalas do not allow for undetected surveillance for these investigations. A variety of vehicles from different
manufacturers will increase the likeness of a successful investigation and enhance officer safety.
I am respectfully requesting to utilize a State of Florida contract 78111808-20-1 titled Rental Vehicles and
issue a purchase order to Avis Budget Group in an amount not to exceed $75 ,000.00 for vehicle rentals .
Funding for this expenditure will be charged to the Law Enforcement Trust Fund, State Rental & Leases -
Vehicles account l 05.1000.521442 after supplemental appropriation into account 105. l 000.521442.
~~
George Fuente
Chief of Police
501 Palm Ave nue, Hi a leah, Florida · 330 10-4 7 19
www.hi a lcahfl .gov
r
AFFIDAVIT
I, George Fuente, Chief of Police , Hialeah Police Department, do hereby certify that the
aforementioned request to expend funds from account #105.1000.521.640 L.E.T.F. State in a
total amount not to exceed $75,000.00 for rental of vehicles.
George Fuente
Chief of Police
:r
Sworn to and subscribed before me this 3/ day of Oe1l/6Er.?. 20 22
(Notary Seal)
Signature of Notary Public, State of Florida
~JiiL
DELILAH M. ALFONSO
Commission# HH 310208
Expires May 20, 2025
Personally Known: ---~--' OR Produced Identification: _____ _
Type of Identification Produced: _________ _
City of Hialeah -Purchasing
iPO # Account # [ssued Date Vendor
2022-159 105.1000 .521442 3114 /202 A VIS BUDGET GROUP, INC
Total #of POs:
LA Suarez Pa ge I of I
Status
Pending
Purchase Orders Report
0/31/2022 12:04 :46PM
Encumbered Balance
42,511.00 6,390.12
Grand Totals: $42 ,511 .00 $6,390.12
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2/23/22 , 2:29 PM Rental Vehicles I State Term Contracts I Slate Contracts and Agreements I State Purchasing I Business Operations I Florida Oep ..
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Department of Management Services
Florida Degartment of Management Services > Business 011erations > State Purchasing > State Contracts and Agreements > State Term Contracts > Rental
Vehicles
< < Return
Rental Vehicles78111808-20-1
Effective Period
Contract Type
Contract Information
Contract Details
09/30/2020 through 09/30/2025
State Term Contract
Cancractor
.~
;:;;;.:-~eference G111de for Rental Vehicles ('I' 3 70 .00 KB)
Non-Participating Locations ( 8 142.71 KB)
Vehicle Disinfectant C!eaning.ErQg.@!!l ( :t:'i 825.47 KB)
Forms
Contract Documents _c_on_t_ra_ct~~~~~~~~~~~~~~~~~~
hJ'.nthia (QIJ!) Metcalfe
Contract Administration · 850-414-6741
• gnthia.metcalfer<ildms.fl.gQY
Commodity Codes 78111808
Addltlonill [nformation
STATE OF FLORIDA RESERVATION PORTAL: httf!s://www.carrental.com/abgPartners/sof/
Description
This state t erm contract provides renta l vehicles for in-state and out-of-state travel; daily, weekly, and monthly rates are provided for 12 car classes, including
various sizes of passenger cars, sport utility vehicles, vans , and pickup trucks, as well as a standard hybrid. Contracted rates include roadsid e assistance,
unlimited m ileage (excluding out-of-state one-way rentals), and liability and collision/loss damage coverage (excluding leisure use rentals). Customers should
refer to the "User Reference Guide for Rental Ve hicles" in the Contract Information section above for reservation, pick-up, and return procedures, as well as
additional information regarding contract requirements and customer eligibility.
Document reader download !Ink
• FAdobe PDF Reader
https://www.dm s.myflorida.com/bu siness_operati o ns/state_purc hasing/state_contract s_a nd _ag reements/sta te_term _contracts/rental_ve hicles 1/2
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2/23122, 2:30 PM Contractor I Rental Vehicles I State Term Contracts I State Contracts and Agreements I State Purchasing I Business Operations I .
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Department of Management Services
Elorjda DeQartment of Management Services ,. Business 0Qerations ,. State Purchasing ,. State Contracts and Ag~ ,. State Term Contracts ,. Rental
Vehicles ,. Contractor
Rental Vehicles78111808-20-1
Contractor
Contractor List
Florida Rec cled Utilizes
Name CBE Code Climate Friendly Pro~ucts Authorized Coverage Area
Preferred Products Resellers
~g~Q._!.o.£.JA • Non-MinorityjNo No jNo I statewide
https ://www.dms.myllorid a.co m/bu sin ess_ope rationsi s tate_purch asi ng/state_contracts_and_agreement s/state_term _co ntracts/ren tal_ve hi cles/contractor 1/2
I
Rental Vehicles (78111808-20-1)
Vendor's Name: _____ A_v_ls_B_u_dg""e_t_G_ro_u-'-p"-, _ln_c. ___ _
State Contracted Classes: In-State Rental Pricing
--------------------~ --
'' "
Unlimited Milea11e
State Class ACRISSCode Proposed Vehlcle(s) Deily Rate Additional Hours Reta Weekly Rate Monthly Rate Meke/Mildel
Compact CCAR KIA Soul sis.co $1j :33 $15().QQ $525,QO
Intermediate ICAR Toyota Corolla s2.7.o.o $9.0Q $162.Q.0 $567,.Qo
Fullsize FCAR Chevrolet Malibu s29.oo $9.67 sp4.qo $609.QQ
Miniviln MVAR Dodge Caravan $34.75 $11.58 Sioa:so $7i9.'75
12 Passenger Van SVAR Ford Transit 12 ss3:00 $P.67 su0.oo $1,}13.00
Standard SUV SFAR Ford Edge m.oo. $11.00 $1911,QO $693:Q0
Economy ECAR Ford Fiesta $i5.0Q $B .33 $~Q.oo $5~.QO
Intermediate SUV !FAR Jeep Compass $_30.0_0 $).°!):O(l. $1~0.!JO $630,QO
Large SUV FFAR Ch evrol et Tahoe $90.0o s3o.oo S54o.cto $1,890.00
Sta nd a rd Pickup SPAR Nissan Frontier sso:oo $}6.67 $300..oo $1,QSO.QQ
Large Pickup PPAR RAM Rebel $SO.po $}6.67 ,$~00.00 s1:osii,(io
Standard Hybrid SCAH Toyota Prlus $30.00 $10.00 $i06.cio ss3o:oo
Note: The Vendor's pricing will apply throughout the Contract's Initia l term and any renewal term(s). Please see Section l of the Contract, Section 3 of the Special
Contract Conditions, and Section 41 of the Statement of Work .
Pagel of 3
2/23/22, 2 :32 PM
Detail by Entity Name
Foreign Profit Corporation
AVIS BUDGET GROUP, INC.
Elling Information
Document Number
FEl/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
F98000001605
06-0918165
03/20/1998
DE
ACTIVE
REINSTATEMENT
01/08/2007
(-\ Princir:ial Address
_,J
6 SYLVAN WAY
PARSIPPANY, NJ 07054
Changed: 04/17/2017
Mailing Address
6 SYLVAN WAY
PARSIPPANY, NJ 07054
Chan ged: 01/08/2007
Re gis t ered A gent N am e & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301
Name Changed: 0 3/04/200 3
Address Changed : 03/04/2003
Officer/D i r ector Detail
Name & Address
Titl e SVP, Secretary
SERA , J EAN MARI E
6 SY LVAN WAY
PAR SIPPANY, NJ 070 54
Detail by Entity Name
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2123/22, 2:32 PM
Title Director
KROMINGA, LYNN
6 SYLVAN WAY
PARSIPPANY, NJ 07054
Title Director
LURIE, GLENN
6 SYLVAN WAY
PARSIPPANY, NJ 07054
Title Director
Choi, Brian
6SYLVANWAY
PARSIPPANY, NJ 07054
Tille Director
Hees, Bernardo
6SYLVAN WAY
PARSIPPANY, NJ 07054
Title Director
Pahwa, Jagdeep
6SYLVANWAY
PARSIPPANY, NJ 07054
Title Director
SPARKS, CARL
6SYLVAN WAY
PARSIPPANY, NJ 07054
Title Director
Sarma. Karthik
6SYLVAN WAY
PARSIPPANY, NJ 07054
Title President
Ferraro, Joseph Anthony
6SYLVAN WAY
PARSIPPANY, NJ 07054
Title Exea.itive Vice President
Martins. lzilda P.
Detail by Enlity Name
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&direction Type=lnitial&searchNameOrder-AVISBUD... 213
2/23/22 . 2:32 PM
6 SYLVAN WAY
PARSIPPANY, NJ 07054
ntle CFO
Choi, Brian
6 SYLVAN WAY
PARSIPPANY, NJ 07054
Annual ReP-orts
Report Year
2019
2020
2021
Document lmag tl
Filed Date
04/22/2019
06/12/2020
04/22/2021
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Detail by Entity Name
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105 LETF -State Fund
Account !Percent
105.1000.521442 0 %
RENTALS & LEASES -VEHICLES
0.00
0 .00
Fiscal Year: 2023 Trial Balance -
E:x: ended E ncumbelled !Balance Last!Date '
0 .00 0.00 0.00 ( ------------------------------------------------------------------------------------------------
Total for (2) Operating Expen ses
Total expenses 1000 (Fund 105)
PO -Police
';Uotal Ex;penses for Fund !lOS
105
LETF -State Fund
Fund Totals
$0.00
Revenue/Expenses Balance:
10 5 LETF -State F un d
T r i a l Ba la n ce -
0.00 0.00
0.00 0.00
0.00 0.00 E xpenses
$0.00 $0.00 $0.00
Expens es Pr in te d : 11 /1 /20 22 Page: 2
RESOLUTION NO. ---
RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH,
FLORIDA, APPROVING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $75,000
FROM THE LAW ENFORCEMENT TRUST FUND-STATE FOR THE RENTAL OF
UNDERCOVER SURVEILLANCE VEHICES BY THE HIALEAH POLICE DEPARTMENT
FROM AVIS BUDGET GROUP , INC., AND PIGGY-BACKING FROM STATE CONTRACT
78111808-20-1 AS IT IS ADVANTAGEOUS TO THE CITY, AND ISSUING A PURCHASE
ORDER FOR SAID EXPENDUTIRE, PROVIDING FOR AN EFFECTIVE DA TE.
WHEREAS, the Hialeah Police Department investigates high-level narcotic and other
protracted and complex investigations that require the police department personnel to be in the
field , in addition to , conducting surveillance of subjects and locations in various settings; and
WHEREAS, the standard police looking vehicles such as the Ford Taurus or Chevrolet
Impala do not allow for undetected surveillance for certain investigations; and
WHEREAS, unmarked motor vehicles are a necessary means of transportation for law
enforcement officers in the Special Investigations Section/ High Intensity Drug Trafficking Task
Force and other special task forces of the Hialeah Police Department when performing duties in
official capacity; and
WHEREAS, having the ability to rent a variety of vehicles will increase the likelihood of
successful investigations without detection as well as enhance the safety of Hialeah Police
Department personnel; and
WHEREAS, Section 2-818 of the Charter of Hialeah provides that whenever
advantageous to the city, the City may utilize bids that have been awarded or under contract by
the state , county or other governmental agencies. If the City utili zes state, county or other
governmental agency bids , competitive bidding will not be require d; and
WHEREAS, Avis Budget Group , Inc. (hereinafter referred to as Avis) is an active
corporation in good standing in the State of Florida and has a state contract registered with the
Florida Department of Management Services (Rental Vehicles 78111808-20-1) through
September 30, 2025 for rental of a variety of vehicles, see "Exhibit 1" attached hereto; and
WHEREAS, funding for this project will be from account #105 .1000.5 2 1.442 Law
Enforcement Trust Fund-State Rental & Leases -Vehicles; and
WHEREAS, Section 932.7055 , Fla. Stat. (2018), the Florida Contraband and Forfeiture
Act, authorizes the expenditure of Law Enforcement Trust Funds for this purpose and the funds
are available in the Law Enforcement Trust Fund-State acco unt for the Police Department ; and
RESOLUTION NO. __ _
Page 2
WHEREAS, the Chief of Police of the City of Hialeah Police Department has
recommended adoption of this resolution and determined that the proposed expenditure complies
with the Florida Contraband Forfeiture Act, and all applicable rules, regulations and guidelines
governing the expenditure of Law Enforcement Trust Fund-State; and
WHEREAS, the City finds the expenditure is in the public interest
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT:
Section 1: The foregoing facts and recitations contained m the preamble to this
resolution are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2: The City of Hialeah, Florida hereby approves to issue a purchase order by
an amount not to exceed $75 ,000 from the Law Enforcement Trust Fund-State for the rental of
undercover surveillance vehicles by the Hialeah Police Department from A vis Budget Group, Inc.,
and piggy-backing from state contract 78111808-20-1, and providing for an effective date.
Section 3:
signed by the Mayor.
This resolution shall become effective when passed by the City Council and
PASSED AND ADOPTED this __ day of ________ , 2022.
Carl Zogby
Council President
Attest: Approved on this __ day of _____________ ,20 22.
Mayor Esteban Bovo , Jr.
avis-b ud get gro up und ercover surv eill ance vehicl es reso luti on\reso l avi s letf.docx
DocuSign Envelope ID : 5E1ACB7F-OFC4-4FE3-9941-2A6E53B 18305
Department of
MANAGEMENT
SERVICES
We serve !hose who serve Florida
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.
EXHIBIT
I I
DocuSig n Envelope ID: 5E 1ACB7F-OFC4-4FE3-9941-2A6E53B1 B305
This Contract is executed upon signature of authorized officers as of the dates signed below:
State of Florida,
DecPo~r;\mE£.pt of Management Services
[2::BCIBAOD34CA ...
By: Jonathan R. Satter
Secretary
9/8/2020 I 3:41 PM EDT
Date
Avis Budget Group, Inc.
By: Beth Kinerk
Senior Vice President
9/8/2020 I 3:05 PM EDT
Date
2
DocuSign Envelope ID: 5E 1ACB7F-OFC4-4FE3-9941-2A6E53 B1 B3 D5
CONTRACT EXHIBIT A
Contract No. 78111808-20-1
Rental Vehicles
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 licens ed driver who is traveling with th e Re nte r for
th e purpos e of conducting Sta te busin es s or pe rforming official duti es and is e it he r :
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 re nta l ve hicle to cond uct
work activities authori zed by the Cu stom e r.
2 .4 Class -T he category of re ntal v ehicl e .
2.5 Clean Vehicle -A rental vehicle in Excellent or Very Good Condition , with a
washed exterior and free of dirt, debris , mud , a nd bug residu e ; a clean interior fre e
of trash and vacuumed ; cl ea r windows with no glare or film; a nd no residual odo rs,
s moke , or cig arette sm ell.
DocuSign Envelope ID : 5E1ACB7F-OFC4-4FE3-9941-2A6E53B1 B3D5
CONTRACT EXHIBIT A
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 t hat
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 A CRISS Category Type Transmission Fuel/Air
Code Conditioning
Auto Unspecified Unspecified
Compact CC.AiR Compact 2/4 Door Fuel/Power Drive With Air
Auto Unspecified Unspecified
Intermediate ICAR Intermediate 2/4 Door Fuel/Power Drive With Air
Auto Unspecified Unspecified
Full-size FCAR Full-size 2/4 Door Fuel/Power Drive With Air
Passenger Auto Unspec ified Unspecified
Minivan MVAR Mini Fuel/Power Van Drive With Air
Passenger Auto Unspecified Unspecified
12 Passenger Van FVAR Standard Fuel/Power Van Drive With Air
2
DocuSign Envelope ID: 5E 1ACB7F-OFC4-4FE3-9941-2A6E53B18305
Ii
CONTRACT EXHIBIT A
State Class A CRISS Category Type Transmission Fuel/Air
Code Conditioning
Auto Unspecified Unspecified
Standard SUV SFAR Standard SUV Fuel/Power Drive 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 A CRISS Category Type Transmission Fuel/Air
Code Conditioning
Auto Unspecified Unspecified
Economy EGAR E.€OlilOmy 2/l:i Door Drive Fuel/Power With
Air
Auto Unspecified Unspecified
Intermediate SUV IFAR Intermediate SUV Drive Fuel/Power With
Air
Auto Unspecified Unspecified
large SUV FFAR Full-size SUV Drive Fuel/Power With
Air
Auto Unspecified Unspecified
Standard Pickup SPAR Standard Pickup Drive Fuel/Power With
Air
Auto Unspecified Unspecified
Large Pickup PPAR Premium Pickup Drive Fuel/Power With
Air
Standard Hybrid XCAH Standard 2/4 Door Auto Unspecified Hybrid Air or
or XCAI Drive 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 ACRI SS 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 wi t h
higher mileage. Contractor certifies that odometer and origina l miles are accurate .
In the event that Contractor has no vehicles with fewer than 35,000 miles available
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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 m inimum standard
equipment: automatic transmission, power steering, power brakes, power locks ,
power windows, air conditioning, AM/FM rad io, air bags , cruise control, and all-
season radial tires. In the event that Contractor has no vehicles with cruise con t rol
ava ilable for rental, Contractor may offer the Renter a rental ve hi cle without cru ise
control. If the Renter does not accept the rental vehicle, no veh icle will be deemed
available and Cont ractor will be subject to the provisions of Secti on 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 Veh icle
that has been properly serviced . Contractor shall ensure that the vehicle is in good
and working order and that the vehicle is not d isplaying 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 br eaks are not squeal ing , and wiper blades
are functional. All vehicl e s 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 scrape r. Contractor may
charge the additional fee , if a ny, identified in t he rental agreement for the rental of
tire chains . On request from Renter, Contractor shall provide instruction to t he
Renter on the proper in sta ll ation of tire cha ins. Rente rs a re not responsibl e 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 ve hi cles 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 sha ll be
"Compact" unless upgraded by Contractor at no a dditional co st.
9 Contractor Brands
Services provid ed t hrough Contracto r's multiple B ra nd(s ), if a ny , sha ll be provided at th e sa me
Contract rates and shall comply with a ll term s and conditions set forth in the Contract. Contracto r
is fully responsible for the compliance and performance of its Brands .
10 Reservation Requirements
10.1 Contractor s hall ma intai n a State-d edi ca t ed onlin e rese rv ati on sy st e m wh ere
C ust o mers an d Re nters can access th e ra tes und er thi s Contract. T he rese rvation
s yst em shall mainta in a n uptim e of 99.5% for Renters to make reservations and
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access available information. Contractor shall make available the Contract rates
on all major Global Distribution Systems (GOS). 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 te lephone 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 th e 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 docume nt the delivery of the vehicle. Contractor shall provide to Renter a
completed copy of the standard rental agreement showing:
a. The Class of vehicl e ren ted and the itemi zed 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 c harges that may be applied for late ret urns of v ehicles.
c. Odom eter reading upon pickup.
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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 receipUinvoice 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
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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 o r 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 s ituations , 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 t he
accumulated a dditional hours rate exceeds t he valu e of the Daily Rental ra te ,
C o ntractor sh a ll bill for th e Daily Re ntal 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 Charg e .
a . Rates for a ll Cl a s ses of vehicles provid e d unde r th e Contract a re dry rate s a nd
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 returni ng the vehicle , Ren ters must re fi ll t he
vehicle or pay the refueling c harge.
b . If a renta l v e hicle is returned with less fuel tha n a f ull t a nk of g a s a nd a refu e ling
c ha rg e is appli ed , th e refu e ling ch a rge will b e ca lc ul a t e d by m ultiplying th e per-
gallon rate by the number of gallons needed to fill the tank to the fuel level at the
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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/peUpet pri gnd deus 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 receipUinvoice upon return of the vehicle.
ReceipUlnvoice 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 fo r vehicles required to
support the declared emerg ency priority trea tment ove r all other comm erci al (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 Ma nagement Service rental rates to Florida Division of
Emergency Managem ent (FDEM) Authori ze d Personnel (personnel deployed o r
des ignated by th e FD EM).
18.2 Only FDEM Authorized Personnel are eligible to rent vehicles at Emergency
Management Service rental rates . FDEM Authorized Perso nnel will be identifi ed
by a current State Emerg e ncy Response Tea m id entification badge.
18.3 Emerg e ncy Managem ent Services re ntal rates will be di scounted from th e in -state
Contra cted Cl ass ra tes for th e vehi cle Cl ass requ ested by FD EM Authori ze d
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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) •
19 Alternate Vehicles
Full-size (FCAR)
Standard Pickup Truck (SPAR)
Large Pickup Truck (PPAR)
Minivan (MVAR)
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 unl imited mileage a nd roadside assista nce.
20.3 Contractor will provide a separate account number for Leisure Rentals at no
charge to Renters. Contractor will link the separate account n umber to the State's
business account, allowing Contractor's reporting system to document all rental
activity under the Contract.
20.4 Contractor will provid e Lei sure Re ntals through all Brands ava il a bl e und e r t he
Contract.
20.5 Contractor will implement billing procedu res which pe rmit se amless trans ition of
rentals from Business Use to Leisure Use .
21 Requirements for Contractor Rental Locations
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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 veh icles 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/planninq capacity/pas se ng er allcarqo stats/passen
qer/media/preliminarv-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 th e regulations of th e app licable 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 Ren ter's notification to
Contractor. Contractor shall fully process vehi cle pickup within fifteen (15) minutes
of th e Renter's arrival at the rental lo ca tion. Upon retu rn of the re nta l vehi c le to
airport rental lo cations lo ca t ed off a irport grounds, Contractor must transport t he
Renter to the airport terminal within thirty (30) minutes of vehicle return .
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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 mee t 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
st arting from th e tim e 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 .
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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 the ir
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 ra t e
(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 prov ides
id entification or docum e ntation , in physical or electroni c form , ide ntifying th e m se lf
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 th at are billed directly to th e
Customer by use of a purch asing ca rd (P -Card), purch ase order, or by a pre-a pproved 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 s ha ll e nsure th at all receipts a nd invoi ces are compl ete, legibl e , a nd , at a min imum
contain the following data:
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• 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
Bodily injury
Property Damage
Comprehensive
Collision
$100 ,000 per individual
$300 ,000 per accident
$100 ,000
Non-Deductible
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 res erves the right to incre ase this minimum li ability coverag e . 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 t raveling for busin ess
purposes, even though the Business Associ ate or Personal Associate may not be an employee
of th e Customer. Any Busin ess Associate or Person al Associ ate granted such permission shall
be e ntitled to re ce ive a ll in s urance and other benefits of th e renta l agree ment to th e sa me exten t
as if the Business Associate or Personal Associate had signed the rental agreement.
Customers that utili ze the Contract do not have the authority to deny any of the above insuranc e
coverage, except when renting vehicl es fo r le isure.
NOTE -Certificate s of Insura nce s hall be provid ed , a nd th e certifi cate ho ld e r's na me (s) upo n th e
ce rtifi cat es shall be:
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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 cert ificates 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 th is
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 ca rry 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 th e vehicle on other than paved , graded or maintain ed roads or driveways ,
except wh en Contractor has agreed to thi s in writing beforehand (Note: SUV's and pick-
up trucks will be allowed, without Contractor's prior written agreement , to operate off
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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 Custome r
survey will additionally assist the Department in verifying that Contractor is providing Renters with
satisfactory customer service.
Re nters "overa ll experi ence" shall be rated as sa ti sfactory on at least ninety (90) percent of
Customer s urveys . For purposes of this section , satisfacto ry "overall expe ri e nce" s hall be
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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 w ill 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 w ithi n 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 w ith the provisions of the Contract.
Contractor shall meet the performance levels specified in the following table :
I! Deliverable Performance Metric Measurement Consequences
i for Noni'
Perforimanee
1 Vehicles for Renters All reserved vehicles 1) No vehicle 1) No Vehicle
will be available will be available in prov ided to Renter : provided to
pursuant to the accordance with As reported by Renter: $75 per
reservation Section 5 and 6 of this Renter occurrence
Statem ent of Work 2) Downgrade Downgrade (SOW). vehicl e provid ed to veh icl e provided
Renter : According to to Renter: $50
rental data per occurrence
2 Upon vehicl e All Rent ers will receive No more than three $50 for each
pickup , Renter will a Clean Vehicle at (3) Renter occurrence aft er
be provided with a pickup in accord ance comp laints received the third
Clean Vehicl e with Section 7.4 and by the Department's occurrence, per
7.7 of the SOW. Contract Manager or quarter
listed in the
Departm ent's
Customer survey
3 Up on vehi cle All Re nters will rec eiv e No more th an three $50 for each
pickup, Renter will a mechanically sound (3) Ren ter occurrenc e after
be provided with a vehicle at pickup in complaints rec eived the third
mechanically sound accord ance with by the Dep artment 's occurrence, per
vehicle Section 7 .1, 7.3, 7.4, Contract Manage r or quarter.
and 7.5 of the SOW. li sted in the
Department's
Customer Survey
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CONTRACT EXHIBIT A
Deliverable Performance Metric Measurement Consequences
'I for Non-
Perrfor:mance
4 Contractor will Renters responding to Renter's responding Customer
provide excellent the Department's to the Department's satisfaction
customer service Customer survey Customer survey ca lculated
provide an overall submit an overall quarterly:
experience score in experience score of 89-85%: $1 ,000 accordance with 6 or greater at least
Section 34 of the 90% of the time 84-80%: $1,500
SOW. when responding to Less than 80%: the Department's $2 ,000 Customer survey
5 Contractor will Contractor will provide Zero (0) complaints $200 per
provide Renter with assistance in received by the occurrence
assistance within accordance with Department's
two (2) hours of Sections 14 and 15 of Contract Manager or
reporting the SOW. listed in the
breakdowns , unsafe Department's
conditions, and Customer survey
emergency
assistance support
6 Invoices will be 98% of Contractor's No more than two $500 per quarter
correct and accurate invoices will be (2) percent of
at the time of correct, accurate , and Contractor's
submission in compliance with invoices are
Section 26 of the inaccu rate
sow.
7 Contractor's reports 100% of Contractor's Ze ro (0) reports are $300 per quarter
w ill be fully and reports will be subm itted late o r
timely submitted to submitted to the incomplete.
the Department Department in
accordance with
Section 40 of the
sow.
36 Purchasing Card
The State has implemented a P-Card program using the Visa platform . The Contractor ma y
receive payments via the state 's P-Card in the same manner as any othe r V isa purchases . P-
CardNisa acceptance for purchase is a mand atory requ irement for th e Con t ract but is not the
exclusive method of paym e nt. If th e State ch a ng es its P-C a rd pl atform during th e term of Contrac t ,
th e Contracto r sha ll make a ny necessa ry chang es to accommod ate t he State's new P-Card
platform within thirty (30) days of notification of such change .
37 Business Review Meetings
In order to mainta in th e pa rtnership betwee n the Dep artm e nt and Contractor , the De partme nt may
require a bu sin ess revi ew meeting each qu arter . Th e Depa rtm ent may requi re specifi c atte nd ees
asso cia t ed wi th Con t ractor's se rvi ces provid ed und er thi s Contract, either in perso n o r by
conference call. The bu siness review me eting ma y in clude , but is not limited to , the following :
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• 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 offinancial consequences or in Contractor being found in default and may result
in termination of the Contract. Initiation and submission of the mon t hly 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 number; this is a unique identifier for each re ntal
Reservation Contractor's unique identifier for re servations; not use d by the Department's
Number Division of State Purchasing
Account Number
Account Name Used to identify agencies/universities vs. OEU and Business vs. Leisure Rentals
Reservation Date Blank when a reservation is not made in advance (i.e. walk-ins)
Rese rvation Tim e Bl ank wh en a res ervation i s not mad e in advance (i.e. w alk-ins )
Bu siness or Leisure Ind icates whethe r r ese rv ation w as a Business Rental or Lei sure Re nta l
Rental Date
Rental Time
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Location Name -Rental Pickup Location Name (e .g., TALLAHASSEE EAST)
Pickup
City -Pickup Rental Pickup Location City
State -Pickup Rental Pickup Location State
Return Date
Location Name -Return location name (e .g ., TALLAHASSEE EAST)
Return
City -Return Return location city
State -Return Return location state
Months Rented Number of whole months rented (30-day periods)
Weeks Rented Number of whole weeks rented (7-day periods)
Days Rented Number of whole days rented (24-hour periods)
Hours Rented Number of hours rented
Miles Out Vehicle mileage when the Renter picks up the car
Miles In Vehicle mileage when the Renter returns the car
Retail Rate for this Retail rate for a rental similar to this rental
Rental
Time/Mileage Amount charged for time rented plus mileage, if applicable
Amount
Total Charge Total amount charged including all taxes and fees, if applicable
Amount
Miles/Day Calculated field; total miles divided by charge days
Total Tax Amount State and local tax amount
Surcharge Amount Combination of other fees not captured in a separate field such as vehicle
license recovery fees (VLF) (if not already included in the r ental rate) and
airport concession fees
FSO Amount Amount charged for fuel service option, if applicable
GPS Amount Amount charged for GPS (navigation equipment) rental, if applicable
Other Charges Amount charged for charges not otherwise included on this list
Description of
Other Charges
Gallons Number of gallons needed to r es tore tank to lev el at pi ckup , if appli ca bl e
Fuel Rate Cost of fuel per gallon, if applicable
Toll Pass Service Amount charged for tolls accrued by Renter and equipment rental (if not
Charge charge-by-plate)
Vehicle Charged ACRISS Code for th e vehicle type for which the Rente r wa s charged (e .g.,
CCAR =Compact Ca r)
Vehicl e Re se rved ACRISS Cod e for th e v e hicl e type th at the Renter r eserv ed
Vehicle Driven ACRISS Code for the vehicle type that the Renter drove
Make Make of the vehicle that the Renter drove (e.g ., CHEV=Chevrolet)
Model Model of the vehicle that the Renter drove (e.g., TRAV =Trav erse)
Yea r Yea r of the vehicl e that the Rent er drove (e.g., 2017)
Vehicl e Id e ntifie r Ve ndor's uniqu e id e ntifie r or Ve hi cle Id e ntification Numbe r (VIN) for the
spec ifi c vehicl e th at the Renter drove
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MOP Method of Payment (e.g., VISA, CASH, PERSONAL CHECK); does not identify
personal vs. business credit card
Renter First Name
Renter Last Name
One Way Rental Indicates "No" if the vehicle was not returned to the pickup location
Airport Rental Indicates "Yes" if the vehicle was rented from one of Contractor's airport
locations
Booking Source How the reservation was made (e.g., BRANCH, WEB), or WALKUP if no
reservation
Adjustment Indicates "Adjustment" if changes are made to a rental agreement after it is
Indicator closed in Contractor's system; these records are not counted as separate rental
agreements, but data is compared to the information originally provided by
Contractor for the same rental agreement to determine what changes were
made (e.g., tax and surcharge refunds, mileage corrections, etc.)
Amount Adjusted Amount added or deducted (e.g., tax and surcharge refunds, mileage
corrections, etc.)
*The Department reserves the right to add required elements and request ad-hoc
reports, as needed.
40 .2 MFMP Transaction Fee Report
Contractor is required to submit monthly Transaction Fee Reports in the Vendor
Information Portal (VIP) .. These reports are due fifteen (15) calendar days after the end
of the reporting period . For information on how to submit Transaction Fee Reports online ,
please reference the detailed fee reporting instructions and vendor training presentations
available online at the Transaction Fee and Reporting section and Training for Vendors
subsections under Vendors on the MFMP website . For additional resources to learn more
about the MFMP Transaction Fee Report, please refer to either the Department's online
training or the Department's MFMP TV YouTube channel to watch the Transaction Fee
Reporting for State Contracted Vendors video. Assistance with Transaction Fee Reporting
is also available from the MFMP Customer Service Desk by email at
feeprocessing@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776)
from 8:00 AM to 6 :00 PM Eastern Time.
40.3 On-line Reservation System Uptime Report
Contractor shall submit a quarterly report to the Department electronically, providing
evidence of reservation system uptime through the use of a 3rd party . System uptime shall
meet the requirements of Section 10 .1.
41 Rate Adjustments
41.1 General Provisions
41.1.1 Prices established in the Contract shall remain fixed for the first two (2)
years of the Contract. Thereafter, Contractor may request a price
increase. However, Contractor shall not request, a nd the Department will
not appro ve, more th an on e (1) request for a price increase for each
subsequent year.
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41.1.2 Requests for price increases must be supported by a change in the
Producer Price Index (PPI) for Standard Passenger Car Rental, Series ID
5321115321112. This information is published by the U.S . Department of
Labor, Bureau of Labor Statistics (BLS), and is available at
http://www.bls.gov/data/.
41.1.3 The change in PPI for the first price adjustment after the start date of the
initial or renewal term shall be determined using the PPI for the month in
which the initial Contract or renewal was executed and the latest available
non-preliminary PPI at the time of the price adjustment request; a
preliminary PPI is indicated on the BLS website with a "(P)" notation. The
change in PPI for second and subsequent price adjustments shall be
determined using the latest PPI that was used to support the previous price
adjustment and the latest available non-preliminary PPI at the time of the
request.
41.1.4 When requesting a price increase, Contractor shall submit a written
justification to the Department's Contract Manager detailing the reason(s)
for the request; an increase in the PPI is insufficient justification for a price
increase by itself. Price increases shall not exceed the percent change in
PPI or three (3) percent, whichever is less. The percent change in PPI
shall be calculated using the following formula: (B -A) I A= Z
Where:
A = earliest PPI (PPI at time of initial Contract or renewal execution
or previous price adjustment)
B = latest PPI (latest available non-preliminary PPI at time of price
adjustment request)
Z = percent change in PPI
41.1 .5 The Department reserves the exclusive right to approve or deny a
requested increase and to determine the amount of the increase. The
Department's determination regarding price increases is final, binding on
all parties, and not subject to appeal.
41.1.6 No Contract price increases will be considered if Contractor has
outstanding, overdue reports or documentation, including, but not limited
to, a monthly sales report pursuant to Section 40.1, above, or an MFMP
Transaction Fee Report pursuant to Section 40 .2 , above, or with
outstanding fees or monies due under this Contract.
41.1. 7 The Department reserves the right to request price decreases at any time
during the term of the Contract if it is found to be in the best interest of the
State.
41.1.8 Contractor may offer price decreases at any time during the Contract
period.
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CONTRACT EXHIBIT A
41.2 Initial Term of the Contract
41.2 .1 Contract price increases may not exceed more than three (3) percent per
year, and the aggregate amount of all requested increases may not exceed
nine (9) percent during the initial term of the Contract.
41.2.2 If Contractor intends for its adjusted pricing to apply to the rental rates during
any renewal period, Contractor shall advise the Department of its intention
at the time it submits the requested price increase.
41.3 Renewal Years of the Contract
For years in which a Contract renewal is exercised, Contract price increases may
not exceed more than three (3) percent per year, and the aggregate amount of
requested increases for all renewal years of the Contract may not exceed ten (10)
percent of the initial term of the Contract.
42 Car Share Program
Upon the Department's request, the Contractor shall advise the Department of the status and size
of its car share program. Upon Contract amendment, the Contractor shall offer a car share
program at an agreed upon price not to exceed Contract's highest vehicle rental price. The ca r
share program shall be subject to the same terms and cond itions of the Contract.
43 Electric Vehicles
Upon the Department's request, the Contractor shall advise the Department of the status and size
of its electric vehicle fleet. Upon Contract amendment, the Contractor shall offer electric vehicles
for rent at an agreed upon price not to exceed 110% of the rental price of a non-electric vehicle
in a comparabl e Cl ass . Electric Vehicles shall be subject to the sam e term s an d conditions of t he
Contract.
44 E-Verify
The following language supersedes section 13.2 of the Special Contract Conditions.
The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of
Homeland Security's (DHS) E-Verify system for a ll newly hired employ ee s. By executing this
Contract, the Contractor certifies that it is registered with , and uses, the E-Verify system for all
newly hired employees . The Contractor must obtain an affidavit from its sub contractors in
accordance with paragraph (2)(b) of sectio n 448 .095 , F.S ., an d main tain a cop y of such affi davit
for the duration of the Contract. In ord er to impleme nt this provision , th e Ven dor sh all provid e a
copy of its DHS Me mo randum of Und erstanding (MOU) to the Contract Manag er within fi ve
d ays of Contract ex ecution .
This section serves as notice to the Contractor regarding the requirements of section 448.095 ,
F .S ., specifically sub-paragraph (2)(c)1 , and th e Department's obligation to terminate the
Contract if it has a good fa ith belief that th e Contractor has knowingly viol ated section 448.09 (1 ),
F.S . If te rmin ated for s uch reason , th e Co nt ractor will not be eligibl e for award of a publi c
con t ra ct fo r at least o ne yea r after th e date of such t ermin ation. Th e Depa rt me nt rese rv es t he
right to ord e r th e imm edi ate te rmin a tion of any co ntract be twe e n t he Con t racto r a nd a
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CONTRACT EXHIBIT A
subcontractor performing work on its behalf should the Department develop a good faith belief
that the subcontractor has knowingly violated section 448 .095(1 ), F .S .
45 Limitation of Liability
The following language supersedes Section 7.6, Limitation of Liability, of the Special Contract
Conditions .
Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the
Department nor the Customer shall be liable for special, indirect, punitive, or consequential
damages, including lost data or records (unless the Contract or purchase order requires the
Contractor to back-up data or records), even if the Department or Customer has been advised
that such damages are possible. Neither the Department nor the Customer shall be liable for
lost profits, lost revenue, or lost institutional operating savings . Upon notice to the Contractor,
the Department or Customer may, in addition to other remedies available to them at law or
equity and upon notice to the Contractor, retain such monies from amounts due Contractor as
may be necessary to satisfy any claim for damages, penalties, costs, and the like reasonably
asserted by or against them. The State may set off any liability or other obligation of the
Contractor or its affiliates to the State against any payments due the Contractor under any
contract with the State.
46 Data Security
The following language supersedes Section 9 , Data Security, of the Special Contract
Conditions.
The Contractor will maintain the security of State of Florida data including, but not limited to ,
maintaining a secure area around any displayed visible data and ensuring data is stored and
secured when not in use. The Contractor and subcontractors will not perform any of the services
from outside of the United States, and the Contractor will not allow any State of Florida data to
be sent by any medium, transmitted, or accessed outside the United States due to Contractor's
action or inaction. In the event of a security breach involving State of Florida data, the
Contractor shall give notice to the Customer and the Department within one business day.
"Security breach" for purposes of this section will refer to a confirmed event that compromises
the confidentiality, integrity, or availability of data. Once a data breach has been contained, th e
Contractor must provide the Department with a post-incident report documenting all
containment, eradication, and recovery measures taken. The Department reserves the right in
its sole discretion to enlist a third party to audit Contractor's findings and produce an
independent report, and the Contractor will fully cooperate with the third party. The Contractor
reserves the right to as sert that certain information contained within the findings are Trade
Secret pursu ant to Section 8 of th e Specia l Contract Conditions. Furthermore, pursu ant to s.
282.318, F.S., findings relating to a security incident are confidential and exempt from s.
119.70(1 ), F.S. ands. 24(a), Art. I of Florida 's Constitution . The Contractor w ill also comply w ith
all HIPAA requirements and any other state and federal rules and regulations regarding security
of information . Notwithstanding the foregoing, Contractor may securely transmit information
outside of th e United States to facilitate international reservations a nd payment pro cessing.
Contractor shall ma intain an attes tation of compliance from a third party that any paym e nt
processing that occurs outside of the United States is, at a minimum, Level I Merchant Payment
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CONTRACT EXHIBIT A
Card Industry (PCI) compliant. The Contractor shall provide upon request documentation
regarding the Contractor's attestation of compliance, including all supporting and related
materials.
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Rental Vehicles
Contract No. 78111808-20-1
Contract Exhibit B
SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
SECTION 1. DEFINITION ........................................................................................................................... 2
SECTION 2. CONTRACT TERM AND TERMINATION ................................................................................. 2
SECTION 3 . PAYMENT AND FEES ............................................................................................................. 3
SECTION 4. CONTRACT MANAGEMENT .................................................................................................. 4
SECTION 5. COMPLIANCE WITH LAWS .................................................................................................... 6
SECTION 6 . MISCELLANEOUS .................................................................................................................. 7
SECTION 7. LIABILITY AND INSURANCE .................................................................................................. 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL
PROPERTY .............................................................................................................................................. 10
SECTION 9 . DATA SECURITY .................................................................................................................. 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS .......................................................... 13
SECTION 11. CONTRACT MONITORING ................................................................................................. 14
SECTION 12 . CONTRACT AUDITS ........................................................................................................... 15
SECTION 13. BACKGROUND SCREENING AND SECURITY ...................................................................... 16
SECTION 14. WARRANTY OF CONTRACTOR 'S ABILITYTO PERFORM .................................................... 17
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
SP approved version 7-1 -2019 1
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SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F .A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2 .3 Suspension of Work and Termination .
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the
performance of the Contract or purchase order. Suspension of work will not entitle the
Contractor to any additional compensation. The Contractor will not resume performance
of the Contract or purchase order until so authorized by the Department.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in th e
best interest of the State of Florida. If the Contract is terminated before perform a nce is
completed , the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same pe rcentage of the Contract price as the amount of wo rk satisfactorily
performed . All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2 .3.3 Termin ation for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may:
(a) immediately te rminate the Contra ct;
(b) notify the Contractor of the noncompliance or d efa ult, require correction , a nd s pe ci fy
the d ate by which t he correction mu st be compl ete d befo re th e Contract is te rmin ated ; or
(c) ta ke oth e r action dee med appro pria te by th e Departm e nt.
SP approved vers i o n 7-1-201 9 2
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SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents .
3.2 Price Decreases .
The following price decrease terms will apply to the Contract:
3 .2 .1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery
of large single orders;
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this
Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing
offered under comparable contracts. Comparable contracts are those that are similar in
size, scope, and terms. In compliance with section 216.0113, F.S ., Contractor must
annually submit an affidavit from the Contractor's authorized representative attesting that
the Contract complies with this clause .
3 .2.3 Sales Promotions. In addition to decreasing prices for the balance of t he Contract
term due to a change in market conditions , the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then-authorized prices.
3 .3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and
the Contractor's Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract and, if applicable , the Contractor must provide commodities or
contractual services pursuant to purchase orders . Purchase orders issued pursuant to
the Contract must be received by the Contractor no late r than the close of business on
the last day of the Contract's term. The Contractor is required to accept timely purchase
orders specifying delivery schedules that extend beyond the Contract term even when
such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms
and conditions of the Contract shall survive the termination or expiration of the Contract
and apply to the Contractor's perform ance. Th e du ra tion of purch ase orde rs for recurring
deliverables sha ll not excee d th e expiration of th e Contract by more th an twelve month s.
Any purchase order terms and conditions conflicting with these Special Contract
Conditions shall not become a part of the Contract.
3.5 Travel.
T ravel exp e ns es a re not reimburs abl e unl ess s pecifi ca lly a uthori ze d by the Cu stom er in
writing a nd ma y be rei mburse d only in accord a nce wi t h section 11 2 .061, F .S .
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3.6 Annual Appropriation .
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida's performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer or Department unless authorized by
Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter.
4 .2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager in a manner identified by the Department.
4.3 Department's Contract Manager.
The Department's Contract Manager, who is primarily responsible for the Department's
oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
Department's Contract Manager Name
Department's Name
Department's Physical Address
Department's Telephone#
Department's Email Address
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If the Department changes the Contract Manager, the Department will notify the
Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor's Contract Manager.
The Contractor's Contract Manager, who is primarily responsible for the Contractor's
oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor's Contract Manager Name
Contractor's Name
Contractor's Physical Address
Contractor's Telephone#
Contractor's Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the
Department. Such a change does not require an amendment to the Contract.
4.5 Diversity.
4.5.1 Office of Supplier Diversity .
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F .S., the following
statement applies :
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF , OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIFI ED NONPRO FIT AG ENCY AR E CONC ERN ED .
Additional information about RESPECT and the commodities or contractual services it
offers is available at https://www.respectoffiorida .org.
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4.7 PRIDE.
Subject to the agency determination provided for in sections 287 .042(1) and 946.515,
F .S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at https ://www.pride-enterorises .org .
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business .
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race , religion, sex,
creed, national origin , handicap , marital status , or veteran 's status. The provisions of
subparagraphs 287 .058(1 )(a)-(c), and (g), F .S ., are hereby incorporated by reference .
5.2 Dispute Resolution , Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive . Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution . The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue
privileges and rights it may have under any other statute , rule, or case law, including, but
not limited to , those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department.
5.3 Department of State Registration.
Consistent with Title XXXVI, F .S ., the Contractor and any subcontractors t hat assert
status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity ,
or of a certificate of a uthoriza tion if a foreign business en tity.
5.4 Suspended, Convicted , a nd Di scrimin atory V e ndor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendo r
List may not perform work as a contractor, supplier, subcontractor, or consultant under
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the Contract. The Contractor must notify the Department if it or any of its suppliers,
subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies -Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its
duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such
records for the longer of five years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of
State, at the Department of State's Records Management website. The Contractor
agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for
investigations of the Contractor's compliance with the terms of this or any other
agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited
to : salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to
provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS.
6 .1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties , or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unl e ss such responsibility is expressly waived by th e
Department. The Department may assign the Contract with prior written notice to the
Contractor.
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6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the State of Florida and are not
entitled to State of Florida benefits. The Department and Customer will not be bound by
any acts or conduct of the Contractor or its employees, agents, representatives, or
subcontractors. The Contractor agrees to include this provision in all its subcontracts
under the Contract.
6.4 Inspection and Acceptance of Commodities .
6.4.1 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier's bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of
lading and damage inspection report.
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from the
premises within ten (10) calendar days after notification of rejection, and the risk of loss
will remain with the Contractor. Commodities not removed by the Contractor within ten
(10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected
commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract.
Each obligation is deemed material , and a breach of any such obligation (including a
breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability .
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
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be construed and enforced as if the Contract did not contain the provision held invalid .
6.1 O Cooperative Purchasing .
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are
independent of the Contract between the Department and the Contractor, and the
Department is not a party to these transactions. Agencies seeking to make purchases
under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers' Compensation Insurance.
The Contractor shall maintain workers' compensation insurance as required under the
Florida Workers' Compensation Law or the workers' compensation law of another
jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers' compensation insurance for all of the latter's employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers' Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide , adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected .
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal and advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from performance of the Contract or completed operations , whether by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance
must include the State of Florida as an additional insured for the entire length of the
resulting contract. The Contractor is responsible for determining the minimum limits of
liability necessary to provide reasonable financial protections to the Contractor and the
State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured .
7.4 Performance Bond .
Unless oth e rwise prohibited by law, the Departm ent may require the Contractor to
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify , defend, and
hold th e Customer and the State of Florida, its officers, emp loyees, a nd age nts harmless
from all fines , claims, assessments, suits , judgments, or damages, including
consequential, special , indirect, and punitive damages, including court costs and
attorney's fees, arising from or relating to violation or infringement of a trademark,
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copyright, patent, trade secret, or e-vtual property right or out of any acts , actions,
breaches, neglect, or omissions of the Contractor, its employees , agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor's
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Customer. The Contract does not constitute a waiver of
sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties . Without limiting this indemnification, the Customer may provide
the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
take over and settle or defend any such action at Contractor's sole expense, and (3)
assistance in defending the action at Contractor's sole expense .
7.6 Limitation of Liability.
Unless otherwise specifically enumerated in the Contract or in the purchase order,
neither the Department nor the Customer shall be liable for special, indirect, punitive, or
consequential damages, including lost data or records (unless the Contract or purchase
order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department
nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The Department or Customer may , in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY.
8 .1 Public Records.
8.1.1 Termination of Contract.
The Department may terminate the Contract for refusal by the Contractor to comply with
this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract.
8.1 .2 Statutory Notice.
Pursuant to section 119.0701 (2)(a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011 (2), F.S., the following
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701 (2)(b), F .S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011 (2), F.S., the Contractor
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shall:
(a) Keep and maintain public records required by the public agency to perform
the service .
(b) Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of
the Contract term and following the completion of the Contract if the Contractor does
not transfer the records to the public agency .
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the Contract , the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Contract, the Contractor shall meet all applicable requirements for
retaining public records . All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records , in a format
that is compatible with the information technology systems of the public agency.
8 .2 Protection of Trade Secrets or Otherwise Confidential Information .
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information.
If the Contractor considers any portion of materials to be trade secret under section
688 .002 or 812 .081, F .S ., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
responsible for responding to and resolving all claims for access to Contract-related
materials it has designated trade secret or otherwise confidential.
8.2 .2 Public Records Requests .
If the Department receives a public records request fo r materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the
Contractor will be responsible for taking the appropriate legal action in response to the
request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will
provide the materials to the requester.
8.2.3 Indemnification Related to Confidentiality of Materials.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney's fees arising from or rel ating to its des ign ation of
materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files , papers, and documents that
were made in relation to this Contract. The Contractor must ret a in a ll documents related
to the Contract for fiv e (5) yea rs aft er expiration of the Contract or, if long er, th e period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State's Records Management website.
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8.4 Intellectual Property.
8.4.1 Ownership.
Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection
with the Contract.
8.4.2 Patentable Inventions or Discoveries.
Any inventions or discoveries developed in the course, or as a result, of services in
connection with the Contract that are patentable pursuant to 35 U.S .C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a
determination on whether patent protection will be sought. The State of Florida will be
the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
8.4.3 Copyrightable Works.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed through performance of the Contract are owned solely by the State
of Florida .
SECTION 9. DATA SECURITY.
The Contractor will maintain the security of State of Florida data including, but not limited
to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor's action or inaction . In the event of a security breach
involving State of Florida data, the Contractor shall give notice to the Customer and the
Department within one business day. "Security breach" for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of
data . Once a data breach has been contained, the Contractor must provide the
Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to
enlist a third party to audit Contractor's findings and produce an independent report, and
the Contractor will fully cooperate with the third party. The Contractor will also comply
with all HIPAA requirements and any other state and federal rules and regulations
regarding security of information.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10 .1 Gratuities .
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer's or employee's decision, opinion, recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone anything of value for the benefit of, or at th e direction or req ues t of, any State of
Florida officer or employee.
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10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S ., Contract funds are not to be used
for the purpose of lobbying the Legislature, the judicial branch, or the Department.
Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from
lobbying the executive or legislative branch concerning the scope of services,
performance, term, or compensation regarding the Contract after the Contract is
executed and during the Contract term .
10 .3 Communications .
10.3.1 Contractor Communication or Disclosure.
The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or
otherwise disclose or permit to be disclosed any of the data or other information
obtained or furnished in compliance with the Contract, without first notifying the
Customer's Contract Manager and securing the Customer's prior written consent.
10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its
employees for the Contractor's promotions, press releases, publicity releases,
marketing, corporate communications , or other similar communications , wi t hout first
notifying the Customer's Contract Manager and securing the Customer's prior written
consent.
SECTION 11. CONTRACT MONITORING .
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times , upon request , to
be advised as to the status of work being don e by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
11.2 .1 Proposal of Corrective Action Plan .
In addition to th e processes set forth in the Contract (e.g., service leve l agreements), if
the Departme nt or Customer determines th at th ere is a perform a nce deficie ncy th at
requires correction by the Contractor, then the Department or Customer will notify the
Contractor. The correction must be made within a time-frame specified by t he
Department or Customer. The Contractor must provide the Department o r Customer with
a corrective action pl an describing how th e Contractor will addres s a ll pe rformance
deficien c ies id e ntified by the Depa rtm ent or Custom er.
11.2.2 Reta in age for Un acce pta bl e Corrective Action Pl an or Pl a n Fa ilu re .
If the corrective action plan is unacceptable to the Department or Customer, or
implementation of the plan fails to remedy the performance deficiencies , the Department
or Customer will retain ten percent ( 10 %) of the total invoice amount. Th e retainage w ill
b e withh eld until th e Contractor re solv es th e perform ance defici e nci es . If t he
pe rform ance deficienc ies a re resolved , the Contractor ma y invoi ce the Depa rtm e nt o r
Custom er fo r th e retain ed a mou nt. If t he Con tractor fa il s to reso lve th e perform ance
defici en cies , the retai ned amount will be fo rfei te d to co mpensate t he Department or
Customer for the perform ance deficien cies.
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11.3 Performance Delay.
11.3.1 Notification.
The Contractor will promptly notify the Department or Customer upon becoming aware
of any circumstances that may reasonably be expected to jeopardize the timely and
successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the
Contractor is taking or will take to do so, and the projected actual completion (or
delivery) time. If the Contractor believes a delay in performance by the Department or
the Customer has caused or will cause the Contractor to be unable to perform its
obligations on time, the Contractor will promptly so notify the Department and use
commercially reasonable efforts to perform its obligations on time notwithstanding the
Department's delay.
11 .3 .2 Liquidated Damages.
The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain .
Accordingly, the liquidated damages provisions stated in the Contract documents will
apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike , violent civil unrest, or other similar cause wholly
beyond the Contractor's reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the
Contractor's sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or in efficiency, a rising becau se of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part , due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sol e discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers , in which case the
Dep artment may (1) accept allo ca t ed performance or deliverie s from the Contractor,
provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation,
or (2) purchase from other sources (without recourse to and by the Contractor for the
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related costs and expenses) to replace all or part of the commodity or contractual
services that are the subject of the delay, which purchases may be deducted from the
Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor's and subcontractors' data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor's fees and claims for payment under the Contract, the Contractor's
agreements or contracts with subcontractors, partners, or agents of the Contractor,
pertaining to the Contract, may be inspected by the Department upon fifteen (15)
calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release
statements from its subcontractors, partners, or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor's contracts relating to this Contract. The Inspector General, in accordance
with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor
General also have authority to perform audits and inspections.
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor's general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
the State of Florida's Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department or Customer may require the Contractor to conduct background
checks of its employees, agents, representatives, and subcontractors as directed by the
Department or Customer. The cost of the background checks will be borne by the
Contractor. The Department or Customer may require the Contractor to exclude the
Contractor's employees, agents, representatives, or subcontractors based on the
background check results. In addition, the Contractor must ensure that all persons have
a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within
twenty-four (24) hours of all details concerning any reported arrest. Upon the request of
the Department or Customer, the Contractor will re-screen any of its employees,
agents, representatives, and subcontractors during the term of the Contract.
13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired during the term of the
Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utili ze the E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term. In order to implement this provision, the Contractor must provide a
copy of its OHS Memorandum of Understanding (MOU) to the Contract Manager within
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five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-
Verify System , it will do so within five (5) calendar days of notice of Contract award and
provide the Contract Manager a copy of its MOU within five (5) calendar days of
Contract execution . The link to E-Verify is https ://www .uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within
five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify
case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court's determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows :
(a) Computer related crimes;
(b) Information technology crimes ;
(c) Fraudulent practices;
(d) False pretenses ;
(e) Frauds;
(f) Credit card crimes ;
(g) Forgery ;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
U) Misuse of medical or personnel records ; and
(k) Felony theft.
13.4 Confidentia lity.
The Contractor must maintain confidentiality of all confidential data , fi les , and records
related to the commodities or contractual services provided pursuant to the Contract and
must comply with all state and federal laws, including , but not limited to sections
381.004, 384 .29 , 392 .65, and 456 .057 , F.S . The Contractor's confidentiality procedures
must be consistent with the most recent version of the Department securit y policies,
protocols, and procedures . Th e Contractor mu st also comply with any applicable
profession al sta nd ards with respe ct to confidenti ality of information .
SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM.
The Contractor wa rrants that, to the best of its knowledge , there is no pend ing or
threatened action , proceeding , or investigation , or any other leg al or fin an cial condition ,
that would in any w ay prohibit, restra in , or dim ini sh th e Contractor's abi lity to sati sfy its
Contract oblig ation s . T he Contra ctor w arrants th at nei th er it nor a ny affil ia te is c urrently
on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List ,
or on any similar list maintained by any other state or the federal governme nt. The
Contractor shall immediately notify the Department in writing if its abili ty to perform is
compromised in any manner during th e te rm of th e Cont ract.
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Contract Exhibit E
Offered Brands Acknowledgement
Contractor's Name: Avis Budget Group
Offered Brands
• Avis Budget Group will offer the following Brands for inclusion on the State of
Florida's Contract for Rental Vehicles:
1) Avis
2) Budget
• By signing below, Collbactor C9'88S to complywilh Sectim 9 cl Conlract Exhi>it A.
Statement d Worlc, which requires that 5efVices provided through Contractor's multiple
Brands shal be provided at the same Contract rates and shal comply with al terms and
conditions set forth In the Contract. Contractor is fully respons1bie for the compliance end
performance cl its Brands.
Company's Authorized Rep BMntatlve
Printed Name:
Beth Schoeller
Date:
Position Title :
National Accomt Manager,
Government
-II
Esteban Bovo, Jr.
Mayor
Carl Zogby
Council President
Monica Perez
Council Vice President
October 28, 2022
City of Hialeah
Honorable Mayor Esteban Bova, Jr.
And Council Members
City of Hialeah
Hialeah, Florida 33010
RE: Undercover Surveillance Vehicles
Dear Mayor and Council Members :
Council Members
Bryan Calvo
Vivian Casals-Mufi.oz
Jacqueline Garcia-Roves
Luis Rodriguez
Jesus Tundidor
Sec. 2-818 of the Charter of Hialeah states whenever advantageous to the city, the city may utilize bids that
have been awarded or under contract by the state, county or other governmental agencies. If the city utilizes
state, county or other governmental agency bids, competitive bidding will not be required.
The Hialeah Police Department investigates high-level narcotic and other protracted complex investigations
that require surveillance of subjects and locations in various settings. The surveillance done on subjects has
been a great tool to prevent crime. The standard police looking vehicles such as the Ford Taurus or Chevrolet
Impalas do not allow for undetected surveillance for these investigations. A variety of vehicles from different
manufacturers will increase the likeness of a successful investigation and enhance officer safety.
I am respectfully requesting to utilize a State of Florida contract 7 8111808-20-1 titled Rental Vehicles and
issue a purchase order to Avis Budget Group in an amount not to exceed $75,000 .00 for vehicle rentals.
Funding for this expenditure will be charged to the Law Enforcement Trust Fund, State Rental & Leases -
Vehicles account l 05 .1000.521442 after supplemental appropriation into account 105.1000.52 1442 .
Respectfully,
George Fuente
Chief of Police
APPROV ED I DISAPPROVED:
APPROVED I DISAPPROV ED:
Luis Suarez, Purchasing M anage r
~~~~~~~~~~~~~~~~~~~
Ruth Rubi, Exec utive Director of Finance Management
Es te ban Bova, Jr., Mayor
50 I Palm A ve nue, Hia leah. Flo r ida · 330 I 0-4 7 19
w'vw .hial ea hO .gov