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HomeMy WebLinkAbout10 - CC-11 - Vehicle Rental from Enterprise Rent-A-Ca - 12/17/2019STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AG REEM ENT NUMBER 5159905 REGISTRA TJON NUMBER 1 . This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NA ME Department of General Services CONTRACTOR'S NAME EAN Services, LLC 2. The term of this Agreement is: Upon DGS approval through February 28, 2018 with three one-year options to extend 3. The maximum amount of this Agreement is: $0.00 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A -Scope of Work Exhibit B -Budget Detail and Payment Provisions Exhibit C* -General Term s and Conditions (GTC 610) effective 6/9/2010 Exhibit D -Special Terms and Conditions Exhibit E -Insurance Terms and Conditions Exhibit F -Short Term Renta l Cost Table Exhibit G -Lo ng Term Rental Cost Table Attachmenf1 -Short a nd Long Term Technical Proposals Attachment 2 ** -Participating Locations Attachment 3 -Contractor Certification Clauses (CCC-307) 12 Pages 2 Page~ 2 Pages 4 Pages 1 Page 1 Page 26 Pages 4 Pages Items shown with an Asterisk, are hereby inco rporated by re ference and made part of this agreement as If attached hereto. These documents can be viewed at: (*)http://www.dqs.ca.gov/ols/Reso urces/StandardContractl anguage .aspx or ( .. ) http://www.dgs .ca .gov/t ravel lProqrams/RentinqaVehicle.aspx IN WITNESS WHEREOF, this Agreement has been executed by the part ies hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) EAN Se vices, LLC DATE SIGNE D/Do not type) PRINTED California Department of General Services Use Only vy -A-DD-RE-SS---=-"---l....:..--->.~--1-------'~--'-J _,_U_l._C-_. -------ii , ---~-·w r·RoVE o -·~~~ w~ Po.r~ St-.Uvl5 MD 105 ;, · 1 · I ! ... Ai:....:G:.....:,EN:.....CY-"'N"--'A'--'-ME-t-'-~'-='---'...=;.......;---""-~,....CA...a..L-IF_O_R_N=IA-l--'-.a....c._-t->-'--"'--=------11 \ L JA ~ ~ ~-?~~J . Department of General Services r. ornc'Tc1· ~E:...-.A ~ crwic::~ : t OF.PT. OF GENER-~~_; \_. ,,.--... -~..;_.--DATE SIGNED(Do not type) D Exemp t per: 707 3rd Street, West Sacramen to, CA 95605-2811 Attachment 1 EXHIBIT A 1. SCOPE OF WORK Agreement Number 5159905 Page 1 of 12 A. The Department of General Services (DGS}, Office of Fleet and Asset Management (OFAM), Statewide Travel Program (STP) hereinafter referred to as "State" or "DGS/STP" is contracting for services for rental vehicles used by all State employees and Optional Users traveling on official State business. B. The State and EAN Services, LLC (hereinafter referred to as the "Contractor''}, hereby agree that the Contractor will provide the State and Optional Users with statewide and national commercial car rental services in accordance with the terms and conditions of this Agreement. C. The Contractor shall provide direct billing accounts set up and online reservation verification activities in accordance with its Technical Proposals, Attachment 1, attached hereto and incorporated by reference. Activities described in the Technical Proposal shall be provided by the Contractor at no-cost to the State. D. The Contractor agrees that the terms and conditions set forth herein supersede any policies and provisions of any Contractor rental document. Representations by, and obligations of, the Contractor, hereunder are also representations by, and obligations of, Contractor's participation franchisees and subcontractors. 2. AGREEMENT A. The Contractor agrees to provide State employees and Optional Users short term and long term statewide and national commercial car rental (CCR) services for official State business. B. The Contractor must maintain a participating location at the seventeen (17) California airport and high volume off airport locations shown below. Contractor shall provide express service at the fourteen (14) airports listed. 1) Sacramento (SMF) 2) Ontario (ONT) 3) Burbank (BUR) 4) San Diego (SAN) 5) Los Angeles (LAX) 6) Orange County (SNA) 7) Oakland (OAK) 8) Fresno (FAT) 9) San Francisco (SFO) 10) San Jose (SJC) 11) San Luis Obispo (SBP) 12) Long Beach (LGB) 13) Santa Rosa (STS) 14) Monterey (MRY) 15) Downtown Sacramento 16) Elk Grove 17) Redding EXHIBIT A Agreement Number 5159905 Page 2 of 12 C. All Participating Locations, hours of operation and express service availability are identified in Attachment 2 hereby incorporated by reference and made part of this agreement as if attached hereto. Full compliance with the terms of this Agreement is required of the Contractor and all its Participating Locations listed in Attachment 2. Contractor shall provide the Statewide Travel Program, Contract Administrator an updated listing of Participating Locations as part of the Quarterly Review process. D. The rates specified in Exhibit F and Exhibit G are in effect for the current contract term; however, Contractor may request a price increase for contract extensions in accordance with the following procedure: 1) The State may authorize rate increases should the State decide to execute the option to extend the contract. The rate price increase shall in no case exceed the Consumer Price Index (CPI) for the previous calendar year. A written request for the rate increase must be submitted to the DGS/STP Contract Administrator at least ninety (90) days prior to the effective date. The CPI is calculated according to the Consumer Annual Average for California which Contractor will find at the State of California, Department of Finance, Economic Research Section, Sacramento, California, telephone number (916) 322-2263. 3. TERM A. The term of this contract is upon execution of the contract through February 28, 2018. This Agreement cannot be considered binding on either party until contract execution. This contract is considered executed upon approval by DGS, Office of Legal Services. B. Direct billing accounts set up and online reservation verification activities will commence as stated in the Schedule contained in the Contractor's Technical Proposal, Attachment 1. Such activities shall be completed prior to Period of Performance stated in Paragraph C. below. C. The Period of Performance for providing statewide commercial car rental services shall be March 1, 2016 through February 28, 2018. The State reserves the right to extend the contract term for three (3) one-year terms at the Base Rates including CPI adjustment if applicable . .The State shall endeavor to give notice of its intention to extend the contract term at least one hundred and twenty (120) days before expiration of the current term. 4. RESERVATIONS A. Contractor shall fulfill all rental vehicle requests from State employees and Optional users made through the authorized short term, long term or emergency reservation process. B. Short Term Vehicles 1) Contractor shall load CALIFORINA STATE CONTRACT RATES and contract terms for all participating locations listed in Attachment 2 into the Global Distribution System (GOS). The State of California will verify that the online booking tool contains appropriate BASE RA TES at a random number of participating locations EXHIBIT A Agreement Number 5159905 Page 3 of 12 prior to the Period of Performance for providing statewide commercial car rental services. 2) Except during an emergency, reservations can only be made through the online booking tool or through the State's authorized travel agency. 3) Contractor will not charge the State more than the contract rates set forth in Exhibit F. 4) Rates shown in Exhibit F must be available at all California and national locations shown in Attachment 2. C. Long Term Vehicles 1) State employees and Optional Users shall make all long term reservations directly with the Contractor. Contractor shall provide a contact for State and Optional Users to book all long term reservations. However, in the future at the State's option, the Contractor may be required to load long term rates into the GOS. The State shall formally notify the Contractor in writing should long term rates and contract terms require entry into the GOS and be made available at all participating locations listed in Attachment 2. 2) State long term vehicle rentals require advance approval from OFAM. Prior to fulfilling a long-term reservation, Contractor must receive an approval form that has been signed by the OFAM Chief, and/or Assistant Chief or delegate prior to fulfilling long term vehicle reservations. This process will not apply to Optional Users. 3) Contractor will not charge the State more than the contract rates set forth in Exhibit G. 4) Rates shown in Exhibit G must be available at all California and national locations shown in Attachment 2. 5) Contractor shall create direct billing accounts as needed to fulfill a reservation. 0. Emergency Vehicles 1) State employees shall make all emergency reservations directly with the Contractor and as further described in Contractor's Technical Proposal, Attachment 1-Section IV. Emergencies. 2) Contractor must fulfill requests for emergency vehicles within eight (8) hours. 3) When multiple entities are responding to an emergency Contractor shall grant recognized public agencies as ordered in the State of California Governor declared "Proclamation of a State of Emergency" priority consideration when fulfilling emergency vehicle reservations. EXHIBIT A 5. CONTRACT ADMINISTRATION Agreement Number 5159905 Page 4 of 12 All inquiries during the term of this Agreement will be directed to the representatives listed below: DGS/STP Contract Administrator Georgia Kattenhorn 707 3rd Street, MS 600 West Sacramento, CA 95605 PH: (916) 376-3990 FAX: (916) 376-3999 Email: Georgia.Kattenhorn@dgs.ca.gov 6. PERFORMANCE EAN Services, LLC Lisa Holmes 150 N Sunrise Roseville, CA 95661 PH: (916) 787--4500 Email: lisa.m.holmes@ehi.com A. Should the Contractor fail to commence work at the agreed upon time, the DGS, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the difference between its contracted bid price and the actual cost of performing the work by another contractor. B. Contractor will identify the name, business address and portion of work to be completed by each subcontractor who performs work under this contract. C. Contractor shall not turn away State employees utilizing this contract excluding those employees affected by the Contractor's Do Not Rent Policy or who have not complied with the State's mandatory booking process. D. The Contractor's Do Not Rent Policy -In extreme cases, the Contractor has the right to .refuse services to any State employee conducting themselves in a hostile, unprofessional, confrontational or harassing manner. The Contractor will have their rental agent or branch manager record a summary of the occurrence and the State will review and discuss the occurrence with the State employees supervisor and the Contractor. E. Full compliance with the terms of this Agreement is required of the Contractor and all its participating locations listed in Attachment 2. Any material deviation from standard rental car practices, or from the terms of this Agreement, may constitute cause for an individual participating location to be placed in an immediate nonuse status until such time as the State determines that proper remedial measures have been taken. 7. DEFINITIONS A. The following definitions will be used for this Agreement: 1) STATE EMPLOYEE · a State employee is an officer or employee of the Executive Branch of California State Government. EXHIBIT A Agreement Number 5159905 Page 5 of 12 2) OPTIONAL USERS -In addition to the officers and employees of the Executive Branch, the following may, but are not required to, obtain services under these contracts providing they are on authorized State business and/or authorized pursuant to local laws. a) Non-Salaried: Persons who are on official State business and whose travel expenses are paid by the State (this includes volunteers, members of official task forces, consultants and members of some commissions and boards). b) Elected Constitutional Officers: Governor, Lieutenant Governor, State Controller, Attorney General, Secretary of State, Superintendent of Public Instruction, State Treasurer, Insurance Commissioner, members of the Board of Equalization, and members of the staff of the above constitutional officers. c) State Legislative Branch: Members of the State Senate, Members of the State Assembly, and Legislative staff members. d) State Judicial Branch: Justices, officers, and employees of the Supreme Court of California, the Courts of Appeal, the Judicial Council of California and the State BAR of California. e) Executive Protection: Persons providing executive protection to anyone authorized to use these contracted rates. f) Local Agencies: Elected officials and other personnel of local agencies within California, to the extent that the travel is undertaken in accordance with the laws governing those agencies; persons employed by or affiliated with the California League of Cities (CLC), the California State Association of Counties (CSAC), the California State Districts Association (CSDA) or affiliated organizations. Whenever the term "State business" is used in this agreement, it shall be read to include travel undertaken to perform the official business of local agencies, CLC, CSAC, CSDA or the affiliated organizations referred to herein. g) Kindergarten through Grade Twelve (K-12) Public School Districts: Persons on official business for K-12 educational institutions that are supported with public funds and are authorized by action of and operated under the oversight of a publicly constituted Local or State educational agency. h) Employees of the California State University System (CSU), University of California System (UC), and California Community Colleges. B. BASE RATE -The charge for vehicle rental not including transactional taxes, fees and surcharges. C. CITY AND SUBURBAN LOCATIONS -Any location that does not meet the definition of on-airport or off-airport location shall be referred to as a city or suburban location. These locations participating in the State of California program will comply with the provisions of this Agreement. EXHIBIT A Agreement Number 5159905 Page 6 of 12 D. DAILY BASE RATE -The Base Rate charge per day (24 hours) for vehicle rental. E. EMERGENCY -An urgent circumstance officially identified by the Governor of the State of California as a "Proclamation of a State of Emergency" and requiring an immediate response by recognized public agencies as ordered in the Proclamation. F. EXPRESS SERVICE -Completed rental agreement and key may be in vehicle or delivered to renter by an attendant. Driver's license checks can be done at the gate, at the Express Service counter where available, by a roving employee of the Contractor or in any manner consistent with industry/government laws, rules, and regulations. This will not be applicable for long term rentals. G. GLOBAL DISTRIBUTION SYSTEM (GOS) -The automated reservation systems used by the commercial travel industry for booking available vehicles, e.g., Sabre, Galileo/Apollo, Worldspan, Amadeus, etc. H. LONG TERM RENTAL-Transaction where rental period is at least thirty (30) days. State long term rentals require the advance approval by OFAM, Chief and/or Assistant Chief or delegate prior to fulfilling reservation. I. MAX CAP RATE (MCR) DAILY -The maximum daily rate Contractor can charge per vehicle class type rented at any California airport. It is comprised of the Daily Base Rate plus fees as applicable to a specific airport, up to the maximum rate. Sales tax and refueling charges are not included in the Rate. J. MONTHLY BASE RATE -The Base Rate charge per month [thirty (30) continuous days] for vehicle rental. K. NORTHERN, CENTRAL AND SOUTHERN LOCATIONS -The map below defines the regions the State identifies as Northern, Central and Southern California locations. EXHIBIT A Agreement Number 5159905 Page 7 of 12 Regions Identified as Northern, Central and Southern California Locations (By County) Northern -Uodllc De l Norte Yuba Siskiyou Nevada Modoc Sonoma Humboldt Napa Trinity Yolo Shasta P lacer Lassen Ma rin Tehama Solano Pl umas Sacramento Mendocino El Dorado Glenn Contra Costa Butte A lameda Sierra San Francisco lake San Mateo Colusa Santa Cruz Sutter Santa Clara Central - Amador San Joaquin Cal ave ras Alpine Stanislaus Tuolumne Mono Mariposa Merced Madera San Benito Monterey Fresno Inyo Kings Tulare San Luis Obispo Kern Santa Barbara Southern - Ventura Los Angele s San Bernardino Orange Riverside San Diego Imperial EXHIBIT A Agreement Number 5159905 Page 8 of 12 L. OFF-AIRPORT LOCATION -Office located outside the airport terminal property or an area so designated specifically for car rental services for the airport. Shuttle services are provided for these locations. Hours of operation for an off-airport location or office shall be consistent with normal business hours. M. ON-AIRPORT LOCATION -Office located within the airport terminal, or an area within the airport property so designated specifically for car rental services. Vehicles may be located in a satellite location. Hours of operation for an on-airport location or office shall be consistent with airport operating hours. N. OVERAGE CHARGE -Incremental overtime charge Contractor can apply for vehicles returned outside of the rental period. 0. PARTICIPATING LOCATIONS -Contractor locations that offer vehicles for rent under the terms and conditions of this Agreement. P. SHORT TERM RENTAL -Transaction where rental period is less than thirty (30) days. Q. WEEKLY BASE RA TE -The Base Rate charge per week [seven (7) continuous days] for vehicle rental. R. HYBRID ELECTRIC VEHICLES (HEVs} combine an internal combustion engine with a battery and electric motor. S. PLUG-IN HYBRID ELECTRIC VEHICLES (PEVs} combine both an electric motor that is battery powered and can be plugged in and recharged and a gasoline engine that can be refueled. T. ZERO EMISSION VEHICLES (ZEVs) emit no emissions from the onboard source of power. 8. DESCRIPTION OF SERVICES A. RENTAL OFFICES Contractor will provide rental offices and/or on-airport counters that are staffed, well-lit, clean, properly maintained and clearly defined as the Contractor's area for business. Contractor must provide personnel who are professional and courteous at all times. Repeated failure to fulfill reservations will result in individual locations being placed on a non use status. If the size/class car reserved is not available, the Contractor will substitute an upgraded vehicle at the same price with renter's consent. B. RENTAL AGREEMENT PROCEDURES 1) Contractor shall fulfill all rental vehicle requests from State employees and Optional users made through the authorized short term, long term or emergency reservation process. Persons who are 21 or older are authorized to operate vehicles rented under this Agreement and, if properly licensed, include the renter, and without EXHIBIT A Agreement Number 5159905 Page 9 of 12 additional charge , the renter's fellow employees traveling on official State business. Such additional drivers need not be listed on the rental agreement. 2) The vehicle to be rented will be ready for dispatch with a full tank of gas, to the extent possible. The renter will be furnished a copy of the Contractor's rental agreement and will not be bound by any stipulation therein which is inconsistent with this Agreement. 3) The Contractor shall provide market fuel prices for any vehicle returned with less than the level of fuel it had when the renter picked it up. This rate will not exceed the U.S. and Energy Administration weekly average rate as published at http://www.eia.doe.gov/oog/info/gdu/gasdiesel.asp. In accordance with the California State Constitution , Article 16, section 6, prepayment is not allowed under any circumstance. 4) The Contractor will provide a toll free number for State employees, in the event of an accident and/or a vehicle becomes inoperable and a replacement vehicle is required. The Contractor shall be available to provide instructions for the disposition of the disabled vehicle. 5) At the completion of each rental, the Contractor will provide an itemized receipt of seNices that will conta in all charges for the vehicle. The receipt should also contain the renters name and information provided prior to the rental. Should a credit be issued, the Contractor will provide rece ipt reflecting such correction at the time of vehicle return. C. VEHICLE REQUIREMENT Rental vehicles will be properly licensed , clean and maintained in a safe operating condition, be no more than two (2) years old , and have no more than 40,000 miles on the odometer. Pickup Trucks and 4WD pickup trucks should be at least Y2 ton, full-size , two door regular cab with a 6' bed. Minivans must contain at least seven (7) seatbelts to accommodate a driver and six (6) passengers. The Contractor shall provide vehicles with no advance notice with the exception of American with Disabilities Act vehicles . D. AVAILABLE INVENTORY FOR STATE EMERGENCY VEHICLES Contractor shall maintain a vehicle inventory capable of meeting the State's vehicle rental needs necessary to respond to emergencies. Contractor may be required to relocate inventory from other participating locations to meet such demands. The State shall not be responsible for costs incurred by the Contractor to relo ca te vehicles in order to meet State emergency vehicle demands. E. CLEAN AND FUEL EFFICIENT VEHICLES The Contractor shall provide Hybrid Electric Vehicles (HEVs), Plug-In Hybrid Electric Veh icles (PEVs) and Zero Emission Vehicles (ZEVs) in a compact or intermediate size at the contract rate. A resource for id e ntifying these vehicles can be found on the California Air Resources Board Drive Clean web page http ://www.driveclean .ca .gov/. EXHIBIT A F. MAINTENANCE AND REPAIR Agreement Number 5159905 Page 10 of 12 All maintenance and repair of the rented vehicles in accordance with manufacturer's instructions on maintenance, will be the responsibility of the Contractor. For long term rentals, the Contractor must provide renters with routine vehicle maintenance schedules and specific instructions for obtaining any required maintenance and repair. Any required maintenance and repair must be performed at or within the general vicinity of the rental location. The time spent while waiting for the replacement or for repairs due to any mechanical failure of the vehicle shall be deducted from the total amount of rental time. G. AMERICAN WITH DISABILITIES ACT (ADA) Contractor will comply with the ADA of 1990, as required by Titles 11 and Ill of the ADA (42 U.S.C. 1201 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. H. REVENUE SHARE 1. The Contractor shall submit a Revenue Share check to the DGS/STP Contract Administrator within sixty (60) days of the end of each quarter equal to the percentage of total Base Rates charges as specified in Exhibit F and Exhibit G. 2. The DGS/STP Contract Administrator will rely on reports received from the Contractor to determine total Base Rate charges less refunds. This report will provide details of the Base Rate totals, refunds applied, and other charges to clearly indicate how the Revenue Share was determined. I. REPORTS 1. REPORTING REQUIREMENTS: Reporting required will include short term, long term and monthly reconciliation reports. Contractor will submit data utilizing the sample formats provided or in another format provided by the contractor and approved by the State. Reports must be in Excel format or another format where data can be sorted and manipulated. The data categories identified will be supplied in each report. Additional data categories and reports may be requested by the State in order to capture transaction detail and/or account performance. All reports will capture all transaction detail with a minimum of the following categories: • Agency Name • Driver Name • Check-out location and Check in location and dates (separate columns) • Total Days Rented • Miles Driven or odometer in/out • Car Class (Vehicle Car Type) • Rate Used (Daily, Hourly, Weekly, Monthly) • Fuel Charges • Taxes ,\am 11'·- ~ EXHIBIT A Agreement Number 5159905 Page 11 of 12 • As applicable State and local Government fees and surcharges , and/or airport fees • Total Billed Charges • Make, Model , Year, License Plate#, VIN# (separate columns) • Invoice#, Billing #, Reservation # (separate columns) 2. REPORTS FOR ALL CONTRACT USE / SHORT TERM -The Contractor will provide one electronic report to the DGS/STP by the 25t h day after the preceding month that includes all short term transactions under the contract with , at a minimum , the data categories identified above . The report must separate and total State transactions and Optional User transactions. All Co ntr ac t Use/ Short Term Rental Report l!IIUI IIIII !Illa ... l!IIUI II.Ill l!lll ~ ~ ~ ~ ~ \f:t ~ .. !'!! ~ ~ l!!' l:-~ "·-Clh, 0., la ..... C....Gn -v-. u ... u..1.1 8 l\ )~j =fLlb-JF -, • 1 3 . REPORTS FOR ALL CONTRACT USE / LONG TERM -The Contractor will provide one e lectron ic report to the DGS/STP by the 25t h day after the preceding month that includes all long term transactions under the contract with, at a minimum , the data categories identified above. The report must separate and total State transactions and Optional User transactions . All Contract Use/ Loni?: Term Rental Report 1!111 .hmm 1ml l!t ~ ~ ~ '!e! ~ ~ fl!_ ..... ~ ~ ~ ~ n•~ ~ rlllldl l!f.QI ........ ,,,.. .. ... T-..... ...... v-• 11..t§J I~ \JIBI ~IbrjI; I""' = - 4 . REPORTS FOR MONTHLY RECONCILIATION -The Contractor will email monthly direct billing reports to each State department and Optional User for billing reconciliation. The STP Contract administrator must receive a copy of these reports at time of delivery. These reports use a similar format and contain the same minimum data requirements with additiona l data fields to capture additional rental time , adjustments and car c la ss requested/received . EXHIBIT A Reco ncili ati on Rep ort Agreement Number 5159905 Page 12 of 12 Dq,aJ1JDcat Name: Acco11t Namba: Iavokt Datt: VcadorNa mc: lmla ~_.__ .. .Mlllml 11111 .... .... n. 11111 ... Illa 11111 11111 n. .... a. llllmaa: 11111 IIIIL Qoaa WIii 11M .i. ..... '"'-'Ila Lilla ,. __ .... .. n.... .... ....... ..... . ...._ ........ , .... ........ "'~' r.. ... ·---·-.... ·--~--"-._. --· ,L~ , ..... v-• r~i.. ({_' ~]-1:1~ rh l'~ .,~ 5. The State will work with the Contractor to establish an acceptable reporting and delivery format. 6 . The Contractor will provide additional detailed transaction reports as needed. 7 . File Transfer Protocol (FTP) -If the Contractor supports FTP the Contractor shall set up an FTP account for the DGS and provide a download schedule . Data must be delive red by email. 8 . QUARTERLY REVIEW: a. The Contractor will meet quarterly with DGS/STP to review services , data reports , and project ed reve nue in th e month succeeding the quarter in review . A quarterly meeting schedule will be established once Agreem e nt is executed . b. The Contractor shall provide the DGS/STP Contract Administrator an updated listing of Participating Locations. c . The DGS/STP may periodically review all charges including but not limited to ta xes, State and local Government fees and surcharges, and/or airport fees with the Contractor to substantiate that the State of California is subject to charges listed on rental receipts. J . MARKETING AND PROMOTIONAL ADS All marketing and promotional ads regarding this contract must receive written approval by the DGS/STP Contractor Administrator, prior to distribution. EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS A. RATES Agreement Number 5159905 Page 1 of 2 1. Contractor shall charge the Base Rate plus, as applicable, taxes, State and local Government fees and surcharges, and/or airport fees except as stipulated in Paragraph 5. c) below. 2. Rates will include unlimited mileage provided the car is returned to the renting location or other drop point authorized by the Contractor at the time of pick up. Rates will not be subject to blackout dates or a minimum rental period. If the Contractor provides a vehicle not included in Exhibit F and Exhibit G the terms and conditions of this Agreement will still apply. 3. The Contractor will not charge additional fees for all one-way domestic rentals. 4. There will be no late, no show, energy recouping and/or cancellation fees charged to State employees and Optional Users. 5. Short Term Rates a) The Daily Base Rate, Weekly Base Rate, and Maximum Cap Rate Daily, (as applicable), are set forth in Exhibit F and displayed in the GOS. b) The vehicle must be returned with the same level of fuel it had when the renter picked it up, or the Contractor shall charge market fuel prices for vehicle refueling without requiring pre-payment. ZEV rate includes all charging costs. The renter is not required to return the ZEV at the same level of charge it had when it was picked up. c) Applicable fees vary per airport. The State will not pay any fees for which it is exempted. Specific airport fees must be itemized in renter's receipt. If the Daily Base rate plus applicable airport fees is lower than the MCR, Contractor shall charge the lower amount. If the Daily Rate plus applicable fees is higher than the MCR, Contractor shall charge the MCR. 6. Long Term Rates a) If long term rental procedures outlined in Exhibit A, Section 4. C.2. are followed, the monthly Base Rate shall apply provided the rental period is at least thirty (30) days. After the initial thirty (30) days, the rental vehicle will incur charges based on the daily or weekly rates provided in Exhibit G. b) The vehicle must be returned with the same level of fuel it had when the renter picked it up, or the Contractor shall charge market fuel prices, for vehicle refueling without requiring pre-payment. The renter is not required to return a ZEV at the same level of charge it had when it was picked up. EXHIBIT B 7. Overage Charges Agreement Number 5159905 Page 2 of 2 a) For short term vehicles rented on a daily or weekly basis, if overage charges apply for vehicles returned outside the rental period, the Contractor will charge one-third (1/3) of the Daily Base Rate per hour until the maximum Daily Base Rate is reached. b) For long term vehicles rented on a monthly basis, if overage charges apply for vehicles returned outside the rental period, the Contractor will charge the long term Daily Base Rate per day. B. PAYMENT 1. Payment by a State employee or Optional User must be made through the State's authorized Travel Payment System (TPS). Contractor acceptance of the TPS as the only authorized form of payment is mandatory. 2. CHARGES AND BILLING: The reservation will be made through the authorized short term, long term or emergency reservation process utilizing an account identification number issued by the Contractor for each State or Optional User. The account identification number may contain: billing numbers that identify the traveler, the State or Optional User, the cost center, the Base Rate, and the insurance coverage. Monthly, the Contractor will charge all transactions to the TPS for payment The State department or Optional User will receive a consolidated billing statement from TPS reflecting charges through the end of the billing cycle for that account Detailed billing data shall come directly from the Contractor in accordance with Exhibit A, Section 8.L REPORTS, including Agency Billing Code and Cost Center information. State and Optional Users are responsible for payment to the TPS. 3. Should the TPS change prior to the expiration of this Agreement, the DGS/STP Contract Administrator will notify the Contractor and provide new TPS account numbers. C. BILLING TO INDIVIDUAL DEPARTMENTS THE CONTRACTOR WILL NOT BILL THE DGS/STP FOR VEHICLES RENTED BY EMPLOYEES OF OTHER OFFICES AND DEPARTMENTS. The Contractor must invoice the employee's State department or Optional User direct billing account through the TPS and have an identified process for State departments and Optional Users to dispute incorrect charges. SPECIAL TERMS AND CONDITIONS 1. SEVERABILITY EXHIBIT D Agreement Number 5159905 Page 1 of 2 If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this AgrE:lement. 2. RIGHT TO TERMINATE The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. The agreement can be immediately terminated for cause. The term "for cause" shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State's notification to the Contractor. 3. COMPLIANCE WITH RECALL NOTIFICATIONS When the Contractor receives a recall notice to owners under Section 30118 of the Federal Motor Vehicle Safety Act pursuant to 49 CFR 577.5 from a manufacturer and the Vehicle Identification Number (VIN) allowing Contractor to identify vehicles subject to the recall, Contractor shall ground all such vehicles as soon as practicable. Pursuant to this policy such vehicles will not be made available for rental under the State of California contract until a remedy specified by the manufacturer has been completed. 4. POTENTIAL SUBCONTRACTORS Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. EXHIBIT D 5. RESOLUTION OF CONTRACT DISPUTES Agreement Number 5159905 Page 2 of 2 A In the event of a dispute, Contractor will attempt resolution with the DGS/STP Contract Administrator with a written explanation of the situation. If no resolution is found, Contractor shall file a "Notice of Dispute" with the DGS, Office of Fleet and Asset Management Office Chief within ten (10) days of the failed resolution at the following addresses: Department of General Services Office of Fleet and Asset Management 1700 National Drive Sacramento, CA 95834 Attention: Office Chief B. Within ten (10) days, the Office Chief shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Office Chief shall be final. · 6. EMPLOYMENT OF UNDOCUMENTED WORKERS By signing this Agreement, the Contractor swears or affirms that it has not, in the preceding five years, been convicted of violating a State or Federal law relative to the employment of undocumented workers. 7. SPECIFIC STATUTORY REFERENCE Any reference to certain statutes in this Agreement shall not relieve the Contractor from the responsibility of complying with all other statutes applicable to the service, work, or rental to be furnished thereunder. 8. DISABLED VETERANS BUSINESS ENTERPRISE (DVBE) PARTICIPATION (WITHOUT GOALS) The State has established no goals for DVBE participation for this Agreement. However, the Contractor shall be fully informed respecting the California Public Contract Code Section 10115 et seq., which is incorporated by reference. Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available. EXHIBIT E INSURANCE TERMS AND CONDITIONS 1. GENERAL PROVISIONS APPL YING TO ALL POLICIES Agreement Number 5159905 Page 1 of 4 A. Coverage Term -Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must comply with the original contract terms. B. Policy Cancellation or Termination & Notice of Non-Renewal -Contractor is responsible to notify the State within thirty (30) business days of any cancellation, non-renewal or material change that affects required insurance coverage. New certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract. C. Premiums, Assessments and Deductibles -Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program. D. Primary Clause -Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State. E. Insurance Carrier Required Rating -All insurance companies must carry an AM Best rating of at least "A-" with a financial category rating of no lower than VII. If the Contractor is self. insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. F. Endorsements -Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. G. Inadequate Insurance -Inadequate or lack of insurance does not negate the contractor's obligations under the contract. H. Use of Subcontractors · In the case of Contractor's utilization of subcontractors to complete the contracted scope of work, c:ontractor shall include all subcontractors as insured's under Contractor's insurance or supply evidence of subcontractor's insurance to The State equal to policies, coverages, and limits required of Contractor. 2. THIRD PARTY LIABILITY INSURANCE A. THIRD PARTY LIABILITY INSURANCE COVERAGE AND INDEMNIFICATION: Notwithstanding the provisions of any Contractor rental vehicle agreement executed by the State employee, the Contractor will maintain in force, at its sole cost, insurance coverage which will indemnify, defend and otherwise protect the State of California and State employees against liability for personal injury, death, and property damage arising from the EXHIBIT E Agreement Number 5159905 Page 2 of4 use of the vehicle, EXCEPT when the loss or damage is caused by one or more of the following: 1) Operation of the vehicle by a driver who contributed to the accident while (and has been adjudged by the courts to have been) under the influence of alcohol (in excess of the legal limits) or any illegal non-prescription drug. 2) Operation or use of the vehicle for any intentionally illegal purposes. 3. CONTRACT INSURANCE REQUIREMENTS Contractor shall display evidence of the following on an Acord certificate of insurance evidencing the following coverages: A. Third Party Liability Insurance -Contractor shall provide a certificate of insurance in the amount of $300,000 per occurrence for bodily injury and property damage combined. The Certificate of insurance must include the following provisions in their entirety: 1) The limit of such liability shall be $300,000 per occurrence for bodily injury and property damage combined. The conditions, restrictions and exclusions of the applicable insurance for any rental shall not be less favorable to the State of California and State employees than the coverage afforded under standard automobile liability policies. When more favorable insurance terms are required under applicable state or foreign country law, such terms will apply to the rental. Standard coverage will include mandatory no- fault benefits where required by law. The Contractor warrants that, to the extent permitted by law, the liability and property damage coverage provided are primary in all respects to other sources of compensation, including claims statutes or insurance available to the State of California, renter, or additional authorized driver. Proof of such insurance shall be provided to the State of California. Failure to maintain this required insurance will be grounds for termination of this agreement by the State. 2) ONLY COMMERCIAL INSURANCE WILL SATISFY THESE PROVISIONS REGARDING AUTOMOBILE LIABILITY. NO SELF INSURANCE WILL BE ACCEPTED. 3) The State of California, its officers, agents, employees and servants are included as additional insureds, but only so far as the operations under this contract are concerned. 4) The Certificate Holder shall be: The State of California Department of General Services Statewide Travel Program 707 3rd Street, MS 600 West Sacramento, CA 95605 B. Commercial General Liability -Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, EXHIBIT E Agreement Number 5159905 Page 3 of 4 products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor's limit of liability. 1) The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract. C. Workers Compensation and Employers Liability -Contractor shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Contract In addition, employer's liability limits of $1,000,000 are required. By signing this contract, Contractor acknowledges compliance with these regulations. 1) A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to certificate. 4. LOSS OF OR DAMAGE TO VEHICLE A. Notwithstanding the provisions of any Contractor vehicle rental agreement the Contractor hereby assumes and shall bear the entire risk of loss of, or damage to, the rented vehicles (including costs of towing, administrative costs, loss of use, and replacement), from any and every cause whatsoever, obtaining the vehicle through fraud or misrepresentation, including without limitation, casualty, collision, fire, upset, malicious mischief, vandalism, falling objects, overhead damage, glass disappearance, except where the loss or damage is caused by one or more of the following: 1) Willful or wanton misconduct on the part of a driver. Willful or wanton misconduct is conduct which is committed with an intentional or reckless disregard for the safety of others or with an intentional disregard of a duty necessary to the safety of another's property. 2) Operation of the vehicle by a driver who contributed to the vehicle damage while such person was (and has been adjudged by the courts to have been) under the influence of alcohol (in excess of the legal limits) or any illegal non-prescription drug. 3) Use of the vehicle for any intentionally illegal purpose. 4) Use or permitting the vehicle to carry unauthorized passengers. 5) Operation of the vehicle in a test race or contest. 6) Operation of the vehicle by a person other than an authorized driver. 7) Operation of the vehicle outside the continental United States except where such use is specifically authorized by the rental agreement. Operation across international boundaries unless specifically authorized at the time of rental. (State of California policy requires that the appropriate State agency approve the out-of-country travel, that the Contractor is notified regarding the trip and that the DGS, Office of Risk and Insurance Management (ORIM) approved insurance is obtained for the trip.) EXHIBIT E Agreement Number 5159905 Page 4 of 4 8) Operation of any vehicle that was not properly designed for that intended use. 9) Excessive vehicle wear and tear, due to off-road operation, that may include: aa) Tire punctures or missing chunks of tread. bb) Impact Damage (body panels or undercarriage) defined as follows: i) Scratches larger than 2" or multiple scratches per panel penetrating the paint. ii) Dents larger than 2" or multiple dents per panel. iii) Impact to undercarriage that will require repair in order to maintain the drivability of the vehicle. iv) Rips in upholstery, missing or broken interior components. cc) Soot, smoke or stain damage requiring professional cleaning. 5. DAMAGE LIABILITY State and Optional User employees will not be subject to any fee for loss or collision damage waiver, and in the event of an accident, will not be responsible for loss or damage to the vehicle except as stated in this Agreement. 6. BILLING FOR DAMAGES When loss or damage is due to an exception stated in Paragraph 4. LOSS OF OR DAMAGE TO VEHICLE above, the Contractor will submit its bills directly to the State employee's department or Optional User agency. If the State department or Optional User agency denies liability on the basis that the employee was not operating the vehicle within the scope of employment at the time of the loss, the. Contractor may handle the matter directly with the employee. Claims for damage to a vehicle will not include amounts for loss of use. EXHIBIT F SHORT TERM RENTAL COST TABLE (BASE RATES) Agreement Number 5159905 Page 1 of 1 Complete the table below: Enter the Daily, Weekly and Maximum Cap Rate Daily rate for each VCT in U.S. dollars and cents up to two (2) decimal digits. If offering more than minimum Revenue Share percentage, enter a percentage on Additional Revenue Share line. VEHICLE CLASS TYPE: MAXIMUM DAILY WEEKLY CAP RATE DAILY Compact $33.00 $132.00 $50.00 Mid-Size/Intermediate $33.00 $132.00 $50.00 Full-Size $35.00 $140.00 $53.00 . Mini Van $56.00 $224.00 $78.00 Four Wheel Drive (4WD)/Sport Utility Vehicle $56.00 $224.00 $78.00 Pick Up Truck $70.00 $280.00 $94.00 Hybrid Electric Vehicle $42.00 $168.00 $62.00 Plug-In Hybrid Electric Vehicle/ Zero Emission Vehicle $42.00 $168.00 $62.00 REVENUE SHARE Percent of all Base Rate Charges per Quarter Minimum Requirement: 3% Additional Revenue Share above 3%: 7% (i.e. 0.70%) Total Revenue Share: 10% (i.e. 3. 70%) Note: The State of New York is exempt from the Base Rate listed above. Such rates are subject to open market rates quoted at time of actual car rental. EXHIBITG Agreement Number 5159905 Page 1 of 1 LONG TERM RENTAL COST TABLE (BASE RATES) Complete the table below: Enter the Daily, Weekly and Monthly rate for each VCT in U.S. dollars and cents up to two (2) decimal digits. If offering more than minimum Revenue Share percentage, enter a percentage on Additional Revenue Share line. VEHICLE CLASS TYPE (VCT): DAILY WEEKLY MONTHLY Compact $18.34 $128.38 $550.00 Mid-Size/lntermed iate $18.34 $128.38 $550.00 Full-Size $20.00 $140.00 $600.00 Mini Van $31.67 $221.69 $950.00 Four Wheel Drive (4WD)/Sport Utility Vehicle $26.34 $184.38 $790.00 Pick Up Truck $26.34 $184.38 $790.00 Hybrid Electric Vehicle $24.17 $169.19 $725.00 Plug-In Hybrid Electric Vehicle/ Zero Emission Vehicle $24.17 $169.19 $725.00 REVENUE SHARE Percent of all Base Rate Charges per Quarter Minimum Requirement: 3% Additional Revenue Share above 3%: 7% (i.e. 0.70%) Total Revenue Share: 10% (i.e. 3.70%) Note: The State of New York is exempt from the Base Rate listed above. Such rates are subject to open market rates quoted at time of actual car rental. Technical Proposal September 28 , 2015 Agreement No. 51 5 9905 Attachment 1 Page 1 of 13 Technical Proposal -Short Term National Car Rental and Enterprise Rent-A -Car ::$ National ~nterprise • Table of Contents Section I: Rese rvations ................................................................................................................................. 2 S ection II : Payment and Billing ..................................................................................................................... 5 Section Ill : Planning ...................................................................................................................................... 7 Se c tion IV: Emergen cies ............................................................................................................................. 1 O Se ction V: O rganization .............................................................................................................................. 12 Appe ndi x A .................................................................................................................................................. 13 Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 2 of 13 Section I: Reservations 1. Explain how and when short term State Contract Rates for all participating locations will be loaded into Sabre. Enterprise and National operate seamlessly with all travel agency Global Distribution System (GDS) direct-link products. Once awarded the Short Term Contract, rate plans would be created and submitted to our corporate office to be loaded into our system. Upon being loaded, rates would be available within 24 hours. Therefore, rates would be available at all participating locations on the Go Live date. 2. Explain how and when short term vehicle inventory for all participating locations will be loaded Into Sabre. Due to Enterprise and National's large number of corporate rental partners that book through the various GDS systems, our locations are already loaded into these systems. All participating locations would be available to State of California renters for booking on the Go Live date. In addition, our vehicle inventory for each location is automatically updated within our systems and is available through all GDS systems in real time. Our operations and headquarters staff analyze vehicle requirements hourly for each location to ensure we maintain inventory at all times. We also move and share vehicles between cities and locations, which allows us to shift resources to meet demand. 3. Describe your approach to quality control and internal testing to ensure the State can verify on line reservations for participating locations. All Enterprise and National locations in North America will participate in this Contract (excluding locations in New York as specified by the RFP). This will alleviate the State from needing to verify if the Contract is available to users at a specified location. Our locations with a high volume of State rentals will run daily reports to ensure that they have vehicles in place to meet the State's demands. Our yield management teams will constantly monitor the flow of State reservations to make sure we meet demand for vehicles. The State has priority in our reservation system and we will shut down other lines of business in order to guarantee that we have the needed vehicles for the State. When the State makes a reservation we will guarantee to have the vehicle at that location. Additionally, we send a weekly report to Concur with any openings, closures or modifications that are made in our rental branch locations, which ensures the system is always up to date. Once invoices are closed, they are audited to insure accuracy before being released into our billing system. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 3 of 13 4. Describe your process to identify, control and report short-term rental reservation activity that may Indicate renters' attempts to bypass long term rental reservation procedures, e.g. multiple short term reservations totaling more than 30 days. Explain in detail how technology and/or procedures would address potential scenarios. Please provide a sample report identifying circumstances where short term rentals became long term rentals. In order to help identify potential Long Term Rentals that are utilizing the Short Term Contract, we designed a report that can be used as a tool by each department to review rentals. This report will be run quarterly for the State's direct bill account numbers and would summarize the number of invoices and rental days by renter names. This report highlights renters whose rentals for the quarter exceed an agreed upon number of days. For example, if the State wants to identify renters who have had a vehicle for more than 60 days in a 90- day period, we will supply that data. The number of days would need to be a set number to be used by all direct bill accounts. Once identified, the account manager will work with the direct bill account and the STP to direct them to the long term program. See the sample report below: Quarterly Report by Renter Direct Bill Account#: ABC1234 Time Period: January -March 2015 Brown Fitch Connor Jones Allen Smith John 6 75 5 72 4 65 Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 4 of 13 5. Describe the quality of customer service you will provide for CalTravelStore agent-assisted reservations or STP requests. Enterprise and National will provide a local, dedicated account manager to be the point of contact for both CalTravelStore and the STP. Your account manager will assist with the day-to-day needs of the mutual customers. The account manager would be the State's single point of contact, which eliminates the need for CalTravelStore agents or the STP team to contact multiple locations with questions. There are also several ways agents may obtain assistance: National: 1-800-328-4300 -Travel Agency Reservation Help 1-800-328-2233 -GDS Booking Format Help tagents@nationalcar.com Enterprise: 1-800-424-1282 -Travel Agent Help Desk travelagenthelp@erac.com In addition to having a dedicated staff member to manage the Short Term Contract, our brands monitor the quality of our customer service to ensure we are providing the best possible experience for our customers. Our Service Quality index (SQi) for each of our brands and teams is what we use to measure customer satisfaction. Enterprise and National employees and teams are determined to maintain high SQi scores by providing top-notch, personalized customer service to retain the absolute loyalty that comes with complete satisfaction. We also use our customer satisfaction data to monitor changing industry trends, needed global enhancements, and local service issues to continually improve and distinguish our service from the competition. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 5 of 13 Section II: Payment and Billing 1. Describe the process to create direct billing accounts for California State and Optional Users. Include how new accounts will be created and existing accounts will be managed. The Direct Bill Profile must be completed for each direct bill number. Direct bill accounts normally default to a monthly bill cycle. Your account manager will discuss the options available to you and will determine the billing cycle that works best for the State's renters and optional users. As the current Short Term Contractor, Enterprise Holdings has experienced team members and processes in place to expedite the creation and maintenance of all direct bill accounts for State and optional users. New accounts will be created and CalTravelStore and the STP will be provided with the department-specific direct bill Numbers. This will minimize any chance of fraud on each account. 2. Explain your approach to link direct billing accounts to TPS account numbers, currently provided by American Express, and ensure direct billing accounts will be the only means of payment accepted for State employees and Optional Users at all participating locations. Include how user account linkage to TPS account numbers will be created, deleted, and modified. Our direct bill accounts will be linked to the TPS account numbers behind the scenes. All State and Optional User accounts will be assigned a unique account number that will only be provided to the STP and CalTravelstore. The State renter or Optional User must have a reservation made using the direct bill account number prior to a rental taking place. All account creations, deletions and modifications can be requested through the Account Manager and will be submitted to our corporate office for completion. When a traveler enrolls in the Emerald Club, we will create a profile unique to that traveler that stores, among other items, his/her name, address, driver's license data, and payment method. This will ensure that the correct TPS account number and billing reference is applied to that traveler's rentals. 3. Describe your process for State Departments and Optional Users to dispute incorrect charges. Our local rental branch staffs are empowered to make adjustments at the time of vehicle return. Travelers are encouraged to review their charges prior to leaving the facility. Should a traveler find a discrepancy after leaving the location, he or she should contact their travel coordinator, who will contact the dedicated Enterprise and National staff supporting your account. We will take the appropriate steps to resolve the discrepancy. 4. Describe the process to ensure accurate billing. Our reservation system incorporates an automated rate quote program to ensure that the appropriate contractual rates and provisions will be applied. This is driven by an Account Number, which ensures 100 percent compliance with the State's contract. Whenever a reservation is placed using this account number, the rates and terms of the State's agreement are recognized as primary and are automatically extended to the renter. In addition, procedures at our rental counters, such as verifying State IDs, would be followed by each rental branch to ensure the proper direct bill accounts are being used. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 6 of 13 5. Describe options in your billing delivery system, your reporting capabilities, and provide examples of standard billing reports. Each State direct bill account and Optional User will receive a monthly report summarizing all activity for the previous billing cycle. This report is designed to provide information to support reconciliation of travel and payment to the State's Travel Payment System (TPS). These monthly bills include the following information for each invoice: • Agency Name • Agency Direct Bill Number • Invoice Number • Reservation Number • Driver Name • Check-Out Location • Check-Out Date • Check-In Location • Check-Out Date • Total Days Rented • Miles Out • Miles In • Total Miles Driven • Car Class • Average Time and Miles (Rate) • Fuel Charges • Taxes/Fees • Total Billed Charges • Vehicle Information: 0 Make 0 Model 0 Year 0 License Plate 0 VIN These reports can be emailed to multiple points of contacts if required, in addition to the STP. Please see Appendix A for sample report Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 7 of 13 Section Ill: Planning 1. Provide an outline that includes timelines for implementation, key milestone dates, deliverables, and an organizational chart. As a result of our long-standing relationship with the State of California, the implementation process will be a seamless and smooth transition for the State and its travelers. Our current Contract will continue through December 31 , 2015 and the new Short Term Contract would go into effect January 1, 2016 . Once the Short Term Contract is awarded, we would begin the process of getting all of the accounts updated and/or created and loaded with new rate plans . All aspects of the new Short Term Contract wou ld be available to all accounts as of the Go Live date, January 151, 2016. All stages of the implementation and management processes will be handled directly by the Account Manager, with support from loca l management and administrative staff. Your dedicated Account Manager will continue to conduct regular meetings with the State of California to review the success of your rental program . Training supplies will be delivered as needed or as requested by each direct bill account. Organizational Chart Brad Carr Jon Armstrong Susie Irwin Randy Gregg Ca lTra ve lS tore and STP Tl = I Lisa Holm es I -...1 Local Renta l Branches Group Management Teams 1 State of CA Business Rental Team : Julie Lindberg Kristin Loaiza Proposed Time Table for Implementation October 2015: -Notice of intent to award November 2015*: December 2015*: -Work with STP to identify new account -Create new account and billing numbers and deliver to CalTravelStore and STP -Start training as needed with Travel Agency, Rental Branches, State DepartmenUAgencies , and Optional Users -Design and submit new rate plans for Short Term Contract to corporate office to be loaded by December 1 s1, 2015 for random location rate verification -Continue training as needed with Travel Agency, Rental Branches , State DepartmenUAgencies, and Optional Users * Dates may vary depending on a ctual Contract a ward date Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 8 of 13 2. Identify key Individuals who will be responsible for implementation, their roles and responsibilities. There will be several key individuals involved in the implementation and management of the Short Term Contract. The primary individual will be the Account Manager, Lisa Holmes, who will be responsible for the overall administration of the account. Her team of Business Rental Account Representatives will assist with various aspects of the implementation, from travel agency support to support for State agencies, direct bill accounts, and Optional Users. Lisa Holmes started as the State of California Account Manager with Enterprise Rent-A-Car in the year 2000. When Lisa began her role as Account Manager, Enterprise had only a handful of accounts set up with. the State and billing was being done via the DGS Blue Card. As the billing system evolved, Lisa worked closely with the State to make sure that Enterprise's billing system developed to match the State's needs. In 2008, with the merger of Enterprise and National, Lisa's role grew as she became the main point of contact for both companies. During her time in this role, Lisa has worked hand in hand with the Department of General Services to manage an ever-evolving program to meet the State of California's car rental needs. While managing these accounts, Lisa has had a role in: • Account Set Up, Implementation, and Training • Travel Agency Assistance and Training • Working with American Express at the initial set up phases of the CRBTA program • Identifying cost savings and implementing changes to departmental costs • Implementation of a customized online booking tool to reduce the cost of booking reservations that did not involve hotel or airfare • Creation of special rates for Caltrans and Board of Equalizations long term vehicles to reduce the cost of special needs vehicles prior to a Long Term rate program • Training car rental branches throughout California on the State of California account • Creation and implementation of a Counter By Pass program for the State of California Traveler • Working with Optional Users to reduce costs for Cities, Counties, Schools and Universities under the previous State of California contract • Working with Calfire during the emergency fire season to support their travel agencies and renters o Available to the Fire Teams and Renters 7 days a week between 6 a.m. and 10 p.m. via phone and email o Coordinating reservations for teams at branches all over California o Coordinating the delivery of large batches of vehicles to fire camps when drivers were unable to pick up vehicles by drivers and vehicle carriers o Providing onsite support for camps when necessary Lisa's history with the State of California makes her a valuable source of knowledge and experience, and an excellent Account Manager. She would continue in this role bringing with her a team of individuals prepared to handle the large volume and requirements of the State of California Contract. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 9 of 13 3. Describe your communication and training process that will be used to ensure a smooth implementation and/or transition. Our initial communication with State employees will begin during the re-implementation of your rental program. The education of travelers and those connected to the State account is an important component of the re-implementation process. To aid in communicating your selection of Enterprise and National, we will provide documents for posting on internal websites or in emails that will outline services and benefits available to your employees. If necessary, travel seminars can be conducted where travelers view a presentation on Enterprise and National and ask questions directly to our representatives. 4. Specify all training to be provided including training for your staff, Statewide Travel Program Staff, State Travel Agency and travelers. Since the State of California is currently one of our largest accounts in the region, our staff is familiar with the State Contract and how to handle State business. Upon award of the new Short Term Contract, our employees will be updated on any changes that they need to be aware of. We will release a companywide announcement about the new Short Term Contract and its procedures. In addition, training documents can be posted on our intranet for all employees to access. The Statewide Travel Program (STP) staff and CalTravelStore are familiar with Enterprise and National under the current contract as well. Travel Agency guides can be produced for any new Travel Program Staff within STP or CalTravelStore. The education of State of California travelers is an important part of the implementation process, and we will provide documents for the State's intranet, and email templates that outline services and benefits. Because of our long-standing partnership with the State of California, all of this should reinforce our current processes and ensure your travelers are well educated on our services and benefits. 5. Identify the types of training documentation that will be provided (i.e. new account guide, user manuals). Enterprise and National will provide new account guides, user manuals, travel agency format sheets, and welcome emails with the direct bill account updates. As needs arise, training sessions and/or meetings with direct bill accounts and Optional Users can be arranged. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 10 of 13 Section IV: Emergencies 1. Describe the process to reserve and expeditiously fulfill vehicle rental requests during emergencies. During times of emergency, Enterprise and National will have a dedicated account manager available between the hours of 6 a.m. and 1 O p.m., seven days a week, to assist with the acquisition of vehicles by emergency teams. This manager will have access to the vehicles needed to quickly fulfill vehicle rental requests. These vehicles can be reserved through the CalTravelStore or directly with the Enterprise account manager. In addition to management of local emergencies, in times of national emergencies and local crises, Enterprise can also launch our Mobile Emergency Response Vehicle, known as MERV, to any location with the contiguous United States. This dispatch can be made within as little as 36 hours. MERV is designed to be a temporary solution (two to three weeks) until a temporary building is acquired within which normal operations can resume or the closest local branch is reopened. Features include: • Fully functioning branch • Onboard diesel generator • Counter with two computers, three employee desks with computers, time delay safe, phone system, and a copier/fax/printer • Air system for heating and cooling • Retractable awning 2. Explain how you will manage and move inventory to meet emergency needs including communicating with other contractors or suppliers to increase vehicle inventory. Enterprise and National share more than 900,000 vehicles that constitute the combined rental fleet in the United States. One of the biggest advantages in consolidating to a shared fleet system is the ability to maximize fleet utilization by moving and sharing vehicles within and between groups, as dictated by demand. Our fleet management process requires our various operations and headquarters staff to analyze vehicle availability for each location on an hourly basis. Fleet analysts as well as our rental locations closely monitor rental and reservation activity to determine appropriate levels of fleet inventory, based on supply and demand. These processes allow us to ensure availability for our customers, even in the event of an emergency. In addition to monitoring the fleet, our representatives behind the rental counter are empowered to make adjustments to ensure customer satisfaction. In the unlikely event that we cannot provide a car in the class requested, which was confirmed through an advance reservation, it is our policy to provide the customer with a vehicle from the car class higher than the one reserved at the original rate. As an example of our capabilities, during the 2008 and 2015 severe fire seasons in Northern California, Enterprise and National provided more than 1,000 vehicles to support the fire suppression activities. We used car haulers and local drivers to move vehicles between Northern California, Arizona and Nevada. We also had the account manager working directly with the State to coordinate vehicles to make sure OES, CALFIRE, CDCR and the other responding departments were getting the support they needed. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 11 of 13 3. Describe the process that will be used to notify the STP of low-inventory and the approach to mitigate potential service interruptions. In the rare event that we are running low on inventory, we will communicate with CalTravelStore and the STP via email and phone to advise our partners of the situation. We will develop a plan together to remedy the situation and mitigate any service interruptions to our customers. With our large network of rental branch locations and shared fleet, we are able to get vehicles moved to the locations in need quickly. 4. Describe the communication chain and business processes you would invoke to coordinate with the long term Contractor to increase available inventory to meet emergency vehicle demands. If awarded only the Short Term Contract, Enterprise and National would put into place processes to assist the Long Term Contractor in the case that they suffer a shortage of vehicles and cannot fulfill a direct bill account's needs. Our account manager would work directly with the designated individual for the Long Term Contract to facilitate reservations and the acquisition of vehicles for any individuals who they cannot place in vehicles. If awarded the Short Term and Long Term Contract, Enterprise and National will have seamless access to vehicles to fulfill needs for both long-and short-term rentals. Our vehicle availability processes are the same for both types of rentals and our fleet can easily be moved to the area where vehicles are needed. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 120113 Section V: Organization 1. Provide a brief history of your company including: start of operations, wholly owned subsidiaries, the level these entities are integrated Into your system of record, number of employees, gross sales, number of corporate/government accounts, and total number of commercial car vehicles available In California and nationwide. With more than 90,000 employees, 1. 7 million vehicles, and annual global revenue of $19.4 billion (including affiliate Enterprise Fleet Management), Enterprise Holdings is the largest car rental service provider in the world. Headquartered in St. Louis, Missouri, our company is an independently-owned, private corporation operating the National Car Rental and Enterprise Rent-A-Car brands, along with several other operational divisions all dedicated to providing our customers with an easy and efficient total transportation network. Enterprise Rent-A-Car is known for operating the largest fleet of passenger vehicles in the world and our extensive network of locations worldwide. We are the first choice for business travelers who need to rent near their homes or offices while providing their companies savings. To accommodate home-city rentals, Enterprise has branch offices located within 15 miles of 90 percent of the U.S. population. National Car Rental has long been favored by frequent renters at airports for speed and vehicle choice. We introduced the car rental industry's first comprehensive frequent-renter program, Emerald Club, in 1987. Today, Emerald Club continues to expedite the car rental process for time-sensitive corporate travelers by offering counter bypass and automatic e-receipts, as well as car choice -which enables customers to quickly choose their own vehicles without any paperwork and simply drive away. Collectively, the Enterprise family of companies operates a network of 8,000 car rental locations in neighborhoods and at airports worldwide and is the most comprehensive service provider in the industry, unparalleled in size, strength, and stability. With these two brands, Enterprise Holdings gives businesses the service, value, and convenience they expect from the brands they have come to know and trust - and the most comprehensive business rental solution in the marketplace. Enterprise and National currently serve approximately 600,000 corporate accounts, with a retention rate of 95 percent. We have contracts in place with many government agencies and municipalities, including at the state, local and national level. Licensees Only 6.5 percent of National's U.S. revenue transacts through licensee locations. All North American Enterprise locations are corporately owned. National Car Rental licensees have a long history of cooperation with their parent company and allow us to offer premium rental services in large and small markets throughout the United States. Our licensees are so well-integrated into our rental network that they are indistinguishable from our corporate locations. Every licensee manager and staff member receives in-depth training and participates in our comprehensive Quality Improvement Process, including our unique Quality Service Program that monitors customer satisfaction. Through a sophisticated computer network, both our corporate and licensee locations are linked to our electronic reservation and rental system, automating contract compliance. Vehicles Enterprise Holdings, together with affiliate Enterprise Fleet Management, is the largest private purchaser of vehicles in North America. Enterprise and National share the U.S. fleet of more than 931,900 vehicles. In California, the total number of vehicles is approximately 148,000. ,lccot111Nw,:D,p1rtmut.\ .I=! N,,w: llJABCD um,.c, 0.1,: oiw:m \'end«Nun,:H:~S,mmLLC -IIml! Dlil! 1Mb: Milli! Iilt hk1 2h hlll Enlll &!!II Rlllll Kul!u i R,1, R,1, R,t, R,1, lr ~.N .. Tu 1r .. 1 Fm ',ft In"' ""-·· l~:i. l~t•I• 1~.--IM I IR .. I lYN8H mm Slll.il 110.ll Sl37.9l 84 211 ELK GROl'EBLlll El.KGROl'E CA MlH,JOHN ABCDll'G 395198245 lYK3 FL 114-0.49 114-0.49 S1U4 SI5 I.7J 47ll A~'Blilt~BL\ll l~CR,IMENTO CA BROWN,JOE .\BCOEl1i 39i7ll907 2YKDY9 Slli.72 Sll7.7l 110.50 S138.1l 780 WPINEOillAl'E fmiO C.l. 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Describe your approach to ensure long term rates will be uniformly applied at all Participating Locations. Enterprise and National operate seamlessly with all travel agency Global Distribution System (GDS) direct-link products. Once awarded the Long Term Contract, rate plans would be created and submitted to our corporate office to be loaded into our system, Upon being loaded, rates would be available within 24 hours. Therefore, rates would be available at all participating locations on the Go Live date. 2. Explain how long tenm State Contract Rates and vehicle inventory for all participating locations will be made available to STP and users. Due to Enterprise and National's large number of corporate rental partners that book through the various GDS systems, our locations are already loaded into these systems. All participating locations would be available to State of California renters for booking on the Go Live date. In addition, our vehicle inventory for each location is automatically updated within our systems and is available through all GDS systems in real time. Our operations and headquarters staff analyze vehicle requirements hourly for each location to ensure we maintain inventory at all times. We also move and share vehicles between cities and locations, which allows us to shift resources to meet demand. 3. Describe your approach to quality control to ensure the State can verify that long term reservations are accurate All Enterprise and National locations in North America will participate in this Contract (excluding locations in New York as specified by the RFP). This will alleviate the State from needing to verify if the Contract is available to users at a specified location. Our locations with a high volume of State rentals will run daily reports to ensure that they have vehicles in place to meet the State's demands. Our yield management teams will constantly monitor the flow of State reseivations to make sure we meet demand for vehicles. The State has priority in our reseivation system and we will shut down other lines of business in order to guarantee that we have the needed vehicles for the State. When the State makes a reseivation we will guarantee to have the vehicle at that location. Additionally, we send a weekly report to Concur with any openings, closures or modifications that are made in our rental branch locations, which ensures the system is always up to date. Once invoices are closed, they are audited to insure accuracy before being released into our billing system. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 3 of 13 4. Describe your process for making long term reservations, including your approach to ensure required preapprovals are obtained prior to fulfilling reservations. Enterprise and the STP will collaborate to create a form for use by all State direct bill accounts to request a Long Term Rental. Upon request by a State Direct Bill Account, the STP will email the blank form for completion. Once the Long Term Rental has been approved at a department level, it will be forwarded back to the STP, which will make the final approval and forward the request to the Enterprise Holdings Account Manager. At this point, the Account Manager will coordinate with the State Direct Bill Account contact to facilitate the pickup of the requested vehicle. A sample of such a form may look as follows: Request Information Department/Agency: Contact Name: Contact Phone Number: Contact Email: Reason Long Term Rental is being requested: Department Approval Rental Approved By: Date Approved: Rental Information Driver1s First and Last Name: Driver's Phone Number: Driver's Email Address: Start Date of Rental: Estimated Length: Vehicle Type Required: STP Approval Rental Approved By: Date Approved: State of CA Request for Long Term Rental Once all fields have been completed please email to Enterprise holdings at #####@ehi.com * *Please Note: #####@ehi.com -an ema;/ account will be set upfOr requests that can be monitored my multiple members team managing the Long Term Contract Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 4 of 13 5. Describe the quality of customer service you will provide for making long term reservations. Enterprise and National will provide a local, dedicated account manager to be the point of contact for both CalTravelStore and the STP. Your account manager will assist with the day-to-day needs of the mutual customers. The account manager would be the State's single point of contact, which eliminates the need for CalTravelStore agents or the STP team to contact multiple locations with questions. There are also several ways agents may obtain assistance: National: 1-800-328-4300 -Travel Agency Reservation Help 1-800-328-2233 -GDS Booking Format Help tagents@nationalcar.com Enterprise: 1-800-424-1282 -Travel Agent Help Desk travelagenthelp@erac.com In addition to having a dedicated staff member to manage the Long Term Contract, our brands monitor the quality of our customer service to ensure we are providing the best possible experience for our customers. Our Service Quality index (SQi) for each of our brands and teams is what we use to measure customer satisfaction. Enterprise and National employees and teams are determined to maintain high SQi scores by providing top-notch, personalized customer service to retain the absolute loyalty that comes with complete satisfaction. We also use our customer satisfaction data to monitor changing industry trends, needed global enhancements, and local service issues to continually improve and distinguish our service from the competition. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 5 of 13 Section II: Payment and Billing 1. Describe the process to create direct billing accounts for California State and Optional Users. Include how new accounts will be created and existing accounts will be managed. The Direct Bill Profile must be completed for each direct bill number. Direct bill accounts normally default to a monthly bill cycle. Your account manager will discuss the options available to you and will determine the billing cycle that works best for the State's renters and optional users. As the current Long Term Contractor, Enterprise Holdings has experienced team members and processes in place to expedite the creation and maintenance of all direct bill accounts for State and optional users. New accounts will be created and CalTravelStore and the STP will be provided with the department-specific direct bill Numbers. This will minimize any chance of fraud on each account. 2. Explain your approach to link direct billing accounts to TPS account numbers, currently provided by American Express, and ensure direct billing accounts will be the only means of payment accepted for State employees and Optional Users at all participating locations. Include how user account linkage to TPS account numbers will be created, deleted, and modified Our direct bill accounts will be linked to the TPS account numbers behind the scenes. All State and Optional User accounts will be assigned a unique account number that will only be provided to the STP and CalTravelstore. The State renter or Optional User must have a reservation made using the direct bill account number prior to a rental taking place. All account creations, deletions and modifications can be requested through the Account Manager and will be submitted to our corporate office for completion. When a traveler enrolls in the Emerald Club, we will create a profile unique to that traveler that stores, among other items, his/her name, address, driver's license data, and payment method. This will ensure that the correct TPS account number and billing reference is applied to that traveler's rentals. 3. Describe your process for State Departments and Optional Users to dispute incorrect charges. Our local rental branch staffs are empowered to make adjustments at the time of vehicle return. Travelers are encouraged to review their charges prior to leaving the facility. Should a traveler find a discrepancy after leaving the location, he or she should contact their travel coordinator, who will contact the dedicated Enterprise and National staff supporting your account. We will take the appropriate steps to resolve the discrepancy. 4. Describe the process to ensure accurate billing. Our reservation system incorporates an automated rate quote program to ensure that the appropriate contractual rates and provisions will be applied. This is driven by an Account Number, which ensures 100 percent compliance with the State's contract. Whenever a reservation is placed using this account number, the rates and terms of the State's agreement are recognized as primary and are automatically extended to the renter. In addition, procedures at our rental counters, such as verifying State IDs, would be followed by each rental branch to ensure the proper direct bill accounts are being used. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 6 of 13 5. Describe options In your billing delivery system, your reporting capabilities, and provide examples of standard billing reports. Each State direct bill account and Optional User will receive a monthly report summarizing all activity for the previous billing cycle. This report is designed to provide information to support reconciliation of travel and payment to the State's Travel Payment System (TPS). These monthly bills include the following information for each invoice: • Agency Name • Agency Direct Bill Number • Invoice Number • Reservation Number • Driver Name • Check-Out Location • Check-Out Date • Check-In Location • Check-Out Date • Total Days Rented • Miles Out • Miles In • Total Miles Driven • Car Class • Average Time and Miles (Rate) • Fuel Charges • Taxes/Fees • Total Billed Charges • Vehicle Information: 0 Make 0 Model 0 Year 0 License Plate 0 VIN These reports can be emailed to multiple points of contacts if required, in addition to the STP. Please see Appendix A for a sample report. Technical Proposal September 28 , 2015 Agreement No. 5159905 Attachment 1 Page 7 of 13 Section Ill : Planning 1. Provide an outline that includes timelines for implementation, key milestone dates, deliverables, and an organizational chart As a result of our long-standing relationship with the State of California, the implementation process will be a seamless and smooth transition for the State and its travelers. Our current Contract will continue through December 31, 2015 and the new Long Term Contract would go into effect January 15 \ 2016 . Once the Long Term Contract is awarded , we would begin the process of getting all of the accounts updated and/or created and loaded with new rate plans. All aspects of the new Long Term Contract would be available to all accounts as of the Go Live date, January 1 s , 2016. All stages of the implementation and management processes will be handled directly by the Account Manager, with support from local management and administrative staff. Your dedicated Account Manager will continue to conduct regular meetings with the State of California to review the success of your rental program. Training supplies will be delivered as needed or as requested by each direct bill account. Organiza tional Chart Brad Carr Jon Armstrong Susie Irwin Randy Gregg CalTravelStore and STP ll I Lisa Holmes 1---+ I Local Rental Branches Group Management Team s 1 State of CA Business Rental Team : Julie Lindberg Kristin Loaiza Proposed Time Table for Implementation October 2015 : -Notice of intent to award November 2015*: December 2015*: -Work with STP to identify new account -Create new account and billing numbers and deliver to CalTravelStore and STP -Start training as needed with Travel Agency , Rental Branches, State Department/Agencies, and Optional Users -Design and submit new rate plans for Long Term Contract to corporate office to be loaded by De cember 1 si, 2015 for random location rate verification -Continue training as needed w ith Travel Agency, Rental Branches, State Department/Agen c ies , and Optional Users * Dates may vary d ep ending on a ctual Co ntra ct award d ate Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 8 of 13 2. Identify key individuals who will be responsible for implementation, their roles and responsibilities. There will be several key individuals involved in the implementation and management of the Long Term Contract. The primary individual will be the Account Manager, Lisa Holmes, who will be responsible for the overall administration of the account. Her team of Business Rental Account Representatives will assist with various aspects of the implementation, from travel agency support to support for State agencies, direct bill accounts, and Optional Users. Lisa Holmes started as the State of California Account Manager with Enterprise Rent-A-Car in the year 2000. When Lisa began her role as Account Manager, Enterprise had only a handful of accounts set up with the State and billing was being done via the DGS Blue Card. As the billing system evolved, Lisa worked closely with the State to make sure that Enterprise's billing system developed to match the State's needs. In 2008, with the merger of Enterprise and National, Lisa's role grew as she became the main point of contact for both companies. During her time in this role, Lisa has worked hand in hand with the Department of General Services to manage an ever-evolving program to meet the State of California's car rental needs. While managing these accounts, Lisa has had a role in: • Account Set Up, Implementation, and Training • Travel Agency Assistance and Training • Working with American Express at the initial set up phases of the CRBTA program • Identifying cost savings and implementing changes to departmental costs • Implementation of a customized online booking tool to reduce the cost of booking reservations that did not involve hotel or airfare • Creation of special rates for Caltrans and Board of Equalizations long term vehicles to reduce the cost of special needs vehicles prior to a Long Term rate program • Training car rental branches throughout California on the State of California account • Creation and implementation of a Counter By Pass program for the State of California Traveler • Working with Optional Users to reduce costs for Cities, Counties, Schools and Universities under the previous State of California contract • Working with Calfire during the emergency fire season to support their travel agencies and renters a Available to the Fire Teams and Renters 7 days a week between 6 a.m. and 1 o p.m. via phone and email a Coordinating reservations for teams at branches all over California o Coordinating the delivery of large batches of vehicles to fire camps when drivers were unable to pick up vehicles by drivers and vehicle carriers a Providing onsite support for camps when necessary Lisa's history with the State of California makes her a valuable source of knowledge and experience, and an excellent Account Manager. She would continue in this role bringing with her a team of individuals prepared to handle the large volume and requirements of the State of California Contract. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 9 of 13 3. Describe your communication and training process that will be used to ensure a smooth Implementation and/or transition. Our initial communication with State employees will begin during the re-implementation of your rental program. The education of travelers and those connected to the State account is an important component of the re-implementation process. To aid in communicating your selection of Enterprise and National, we will provide documents for posting on internal websites or in emails that will outline services and benefits available to your employees. If necessary, travel seminars can be conducted where travelers view a presentation on Enterprise and National and ask questions directly to our representatives. 4. Specify all training to be provided including training for your staff, Statewide Travel Program Staff, State Travel Agency and travelers. Since the State of California is currently one of our largest accounts in the region, our staff is familiar with the State Contract and how to handle State business. Upon award of the new Long Term Contract, our employees will be updated on any changes that they need to be aware of. We will release a companywide announcement about the new Long Term Contract and its procedures. In addition, training documents can be posted on our intranet for all employees to access. The Statewide Travel Program (STP) staff and CalTravelStore are familiar with Enterprise and National under the current contract as well. Travel Agency guides can be produced for any new Travel Program Staff within STP or CalTravelStore. The education of State of California travelers is an important part of the implementation process, and we will provide documents for the State's intranet, and email templates that outline services and benefits. Because of our long-standing partnership with the State of California, all of this should reinforce our current processes and ensure your travelers are well educated on our services and benefits. 5. Identify the types of training documentation that will be provided (i.e. new account guide, user manuals). Enterprise and National will provide new account guides, user manuals, travel agency format sheets, and welcome emails with the direct bill account updates. As needs arise, training sessions and/or meetings with direct bill accounts and Optional Users can be arranged. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 10 of 13 Section IV: Emergencies 1. Describe the process to reserve and expeditiously fulfill vehicle rental requests during emergencies. During times of emergency, Enterprise and National will have a dedicated account manager available between the hours of 6 a.m. and 10 p.m., seven days a week, to assist with the acquisition of vehicles by emergency teams. This manager will have access to the vehicles needed to quickly fulfill vehicle rental requests. These vehicles can be reserved through the CalTravelStore or directly with the Enterprise account manager. In addition to management of local emergencies, in times of national emergencies and local crises, Enterprise can also launch our Mobile Emergency Response Vehicle, known as MERV, to any location with the contiguous United States. This dispatch can be made within as little as 36 hours. MERV is designed to be a temporary solution (two to three weeks) until a temporary building is acquired within which normal operations can resume or the closest local branch is reopened. Features include: • Fully functioning branch • Onboard diesel generator • Counter with two computers, three employee desks with computers, time delay safe, phone system, and a copier/fax/printer • Air system for heating and cooling • Retractable awning 2. Explain how you will manage and move inventory to meet emergency needs including communicating with other contractors or suppliers to increase vehicle inventory. Enterprise and National share more than 900,000 vehicles that constitute the combined rental fleet in the United States. One of the biggest advantages in consolidating to a shared fleet system is the ability to maximize fleet utilization by moving and sharing vehicles within and between groups, as dictated by demand. Our fleet management process requires our various operations and headquarters staff to analyze vehicle availability for each location on an hourly basis. Fleet analysts as well as our rental locations closely monitor rental and reservation activity to determine appropriate levels of fleet inventory, based on supply and demand. These processes allow us to ensure availability for our customers, even in the event of an emergency. In addition to monitoring the fleet, our representatives behind the rental counter are empowered to make adjustments to ensure customer satisfaction. In the unlikely event that we cannot provide a car in the class requested, which was confirmed through an advance reservation, it is our policy to provide the customer with a vehicle from the car class higher than the one reserved at the original rate. As an example of our capabilities, during the 2008 and 2015 severe fire seasons in Northern California, Enterprise and National provided more than 1,000 vehicles to support the fire suppression activities. We used car haulers and local drivers to move vehicles between Northern California, Arizona and Nevada. We also had the account manager working directly with the State to coordinate vehicles to make sure OES, CALFIRE, CDCR and the other responding departments were getting the support they needed. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 11 of13 3. Describe the process that will be used to notify the STP of low-inventory and the approach to mitigate potential service Interruptions. In the rare event that we are running low on inventory, we will communicate with CalTravelStore and the STP via email and phone to advise our partners of the situation. We will develop a plan together to remedy the situation and mitigate any service interruptions to our customers. With our large network of rental branch locations and shared fleet, we are able to get vehicles moved to the locations in need quickly. 4. Describe the communication chain and business processes you would Invoke to coordinate with the short term Contractor to Increase available inventory to meet emergency vehicle demands. If awarded only the Long Term Contract, Enterprise and National would put into place processes to assist the Short Term Contractor in the case that they suffer a shortage of vehicles and cannot fulfill a direct bill account's needs. Our account manager would work directly with the designated individual for the Short Term Contract to facilitate reservations and the acquisition of vehicles for any individuals who they cannot place in vehicles. If awarded the Short Term and Long Term Contract, Enterprise and National will have seamless access to vehicles to fulfill needs for both long-and short-term rentals. Our vehicle availability processes are the same for both types of rentals and our fleet can easily be moved to the area where vehicles are needed. Technical Proposal September 28, 2015 Agreement No. 5159905 Attachment 1 Page 12of13 Section V: Organization 1. Provide a brief history of your company including: start of operations, wholly owned subsidiaries, the level these entitles are integrated into your system of record, number of employees, gross sales, number of corporate/government accounts, and total number of commercial car vehicles available in California and nationwide With more than 90,000 employees, 1.7 million vehicles, and annual global revenue of $19.4 billion (including affiliate Enterprise Fleet Management), Enterprise Holdings is the largest car rental service provider in the world. Headquartered in St. Louis, Missouri, our company is an independently-owned, private corporation operating the National Car Rental and Enterprise Rent-A-Car brands, along with several other operational divisions all dedicated to providing our customers with an easy and efficient total transportation network. Enterprise Rent-A-Car is known for operating the largest fleet of passenger vehicles in the world and our extensive network of locations worldwide. We are the first choice for business travelers who need to rent near their homes or offices while providing their companies savings. To accommodate home-city rentals, Enterprise has branch offices located within 15 miles of 90 percent of the U.S. population. National Car Rental has long been favored by frequent renters at airports for speed and vehicle choice. We introduced the car rental industry's first comprehensive frequent-renter program, Emerald Club, in 1987. Today, Emerald Club continues to expedite the car rental process for time-sensitive corporate travelers by offering counter bypass and automatic a-receipts, as well as car choice -which enables customers to quickly choose their own vehicles without any paperwork and simply drive away. Collectively, the Enterprise family of companies operates a network of 8,000 car rental locations in neighborhoods and at airports worldwide and is the most comprehensive service provider in the industry, unparalleled in size, strength, and stability. With these two brands, Enterprise Holdings gives businesses the service, value, and convenience they expect from the brands they have come to know and trust - and the most comprehensive business rental solution in the marketplace. Enterprise and National currently serve approximately 600,000 corporate accounts, with a retention rate of 95 percent. We have contracts in place with many government agencies and municipalities, including at the state, local and national level. Licensees Only 6.5 percent of National's U.S. revenue transacts through licensee locations. All North American Enterprise locations are corporately owned. National Car Rental licensees have a long history of cooperation with their parent company and allow us to offer premium rental services in large and small markets throughout the United States. Our licensees are so well-integrated into our rental network that they are indistinguishable from our corporate locations. Every licensee manager and staff member receives in-depth training and participates in our comprehensive Quality Improvement Process, including our unique Quality Service Program that monitors customer satisfaction. Through a sophisticated computer network, both our corporate and licensee locations are linked to our electronic reservation and rental system, automating contract compliance. Vehicles Enterprise Holdings, together with affiliate Enterprise Fleet Management, is the largest private purchaser of vehicles in North America. Enterprise and National share the U.S. fleet of more than 931,900 vehicles. In California, the total number of vehicles is approximately 148,000. .lt<o:r.l N11111 : D1p1rtm1DI A .lt<o:r.l ~-: 113.\BCll lnroie,D1!1:0&lll/10l! 1·eni.r S11111 : L~~ S1nim LLC mm llndl: R!ilr ll'.wh Md fiat aw 2im hW l\uW Kul!I &llll KultC1 ~ v.,. R,t• R,1 . R,io lr\,NJ Tu 1, .. 1 r ... 11-10., lna;,.w-, lr1 ... 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'"··· 14:04 6 4JJ il6 JOl IC.l.ll )O(Q9YC 16 CHEV 17:48 l 8652 9184 ill IRAR XXJ!iOR Ii JF.EP 7:33 4 109 411 318 JC.l.ll XXIIFJM 16 HYUN 17:59 7 4917 5786 799 !CAR XXDFPi Ii 0000 S:01 J 8483 9201 Jll !CAR XXID!6 Ii h1'\IN l.kim 11.J.I Pl,,, m CRZI. llY\1'127 12l4i6 C011P 1mvns lll4i6 FL\N llY\V ll9 l4l678 DART ll)Wll6 456789 VELO mwm mm S1a1e of Cafifomla Bid 5159905 RFP 5159905 Page 1 of 4 AITACHMENT3 CONTRACTOR CERTIFICATION CLAUSES CCC-307 CERT/FICA TION I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number EA-N 5-e.rv,· (,c4 , Lt.. c. 7.G.-118,4B S- By(Auth~ Sig~ -Printed Name and Title of Person Signing kP f. 6-o <AP'ifl-, A ~ s 7. f-< c..re.+tt, y ----- Date Executed Executed in the County of e:r/u J -Z.o' r St. l,.,O V 1:S J i11> CONTRACTOR CERT IFICATION CLAUSES 1. STATEMENT OF COMPLIANCE : Contractor has. unless exempted, complied with the nondiscrimination program requirements . (Gov. Code §12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities .) 2. DRUG-FREE WORKPLACE REQUIREMENTS : Contracto r will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions : a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred : the Contractor has made false certification, or violated the 8/28/2 015 9 41 AM p.35 l ,' Slate of California ATTACHMENT 3 RFP 5159905 Page2 of4 certification by falling to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractorcertlfies thatn.o more than one ( 1) final unappealable finding of contempt of court by a Federal court has been Issued.against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the N<!tional Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO REQUIREMENT: Contractor hereby certifies that contractorwlll comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good falth effort to provide a minimum number of hours Of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices In the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of fut1Jre contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within• the meaning of Public Contract Code (PCC) section 10286 and 10286.1, and is eligible to contract with the State.of California. 6. SWEATFREE CODE OF CONDUCT: a, All Coritractors contracting for the pr9curemenl or launde.ring of apparel, garments or corresponding accessories, or the procurementof equipment, materi.ils, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been·1aundered or produced.in whole or In part by sweatshop labor, forced labor, convictlabor, indentured labor under penal sanction, abusive forms of child. labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convictlabor, indentured labor under penal sanction, abusive forms of child labor or .exploitation Of children in sweatshop labor .. The contractor further declares under penalty of perjury that they adhere to the swealfree Code of Conduct as set forth on the California Department of Industrial Relations website located at hltps://www.dlr.ca.gov/sweatfreecode.htm, and PCC section, 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises If reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 812812015 9:41 AM p.36 State of Callfomla ATTACHMENT 3 Bid 5159905 RFP 5159905 Page 3 of 4 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with PCC section, 10295.3. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CQNFLICT OF INTEREST: Contractor needs lo be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification, Current State Employees (Pub. Contract Code §10410): 1 ). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compens,;11ion or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a. condition of regular state employment. 2). No officer or employee shall contract on his or her.own behalf as an Independent contractor with any state agency to provide goods or services. Former State Employees (Pub. ContractCode §10411): 1 ). For the two-year period from the date he or. she left state employment, no former state officer or employee may enter into a.contra.ct In which he or she engaged. in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency In a policy-making position in the same general subject .area as the proposed contract within the 12-month period prior to his or her leaving .state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement vold. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting ofthe board or commission, paymenHor preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be Insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such pmvisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 8128/2015 9•41 AM Stal• of CaJWomla Bid 51$9905 ATTACHMENT3 RFP 5159905 Page4 of4 4. CONTRACTOR NAME CHANGE: An amendment Is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORA TE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor Is currently qualified to do business in California in order to ensure that all obligatlons due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging In any transaction for the purpose of financ:ial or pecuniarY gain or profit,. Although lhere are some statutorY exceptions to taxaUon, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outslde ofCalifornia)must be ingood standing in order to be qualified to do business In California. Agencies Will detennlne whether a corporation is In .good standing by calling. the Office of the SecrE1tary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTIONVIOLATION: Under the State laws, the Contractor shall not be: (1) In violation of any order or resolutionnotsubJect to review promulgated by the StateAir ResouroesBoard oran air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirement$ or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating· to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. 8126/2015 9:41 AM p. JS S TATE \!IF CALIFC'JRNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6/03) []I CHEC K HERE IF ADDITIONAL PA GES ARE A TT AC HED Page s AGREEMENT NUMBER AMENDMENT NUMBER 5159905 1 REGISTRATION NUMBER 1. This Agreement 1s entered into between the State Agency and Contractor named below: STATE AGENCY'S NAME Department of General Services CONTRACTOR'S NAME EAN Services LLC. 2. The term of this Agreement is January 27 , 2016 through February 28, 2019 With two , one-year options to extend 3. The ma ximum amount of this $.00 Agreement after this amendment is: 4. The parties mutually agree to this amendment as follows . All actions noted below are by this reference made a part of the Agreement and incorporated herein : This amendment replaces the following in their entirety: Exhibit A -Scope of Work Exhibit F -Short Term Rental Cost Table Exhibit G -Long Term Rental Cost Table 12 Pages 1 Pages 1 Pages Exhibit F and G rates go into effect March 1, 2018 . All other contract terms and conditions remain unchanged . IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR 'S NAME (If other than an individual, state whether a corporation, partnership, etc.) EAN Services LLC. u. oa ~~ PC-'\_k... pr-, D\-. ~ I kA..o lQ~\015 STATE OF CALIFORNIA AGENCY NAME ADDRESS 707 3rd Street, 2nd Floor West Sacramento , CA 95605-2811 DATE S IGNED (Do not type) CALIFORNIA Department of General Services Use Only -. ··---=------~._......... ., APPROVED D Exempt per: EXHIBIT A 1. SCOPE OF WORK Agreement Number 5159905 Page 1 of 12 A. The Department of General Services (DGS), Office of Fleet and Asset Management (OFAM), Statewide Travel Program (STP) hereinafter referred to as "State" or "DGS/STP" is contracting for services for rental vehicles used by all State employees and Optional Users traveling on official State business. B. The State and EAN Services, LLC (hereinafter referred to as the "Contractor"), hereby agree that the Contractor will provide the State and Optional Users with statewide and national commercial car rental services in accordance with the terms and conditions of this Agreement. C. The Contractor shall provide direct billing accounts set up and online reservation verification activities in accordance with its Technical Proposals, Attachment 1, attached hereto and incorporated by reference. Activities described in the Technical Proposal shall be provided by the Contractor at no-cost to the State. D. The Contractor agrees that the terms and conditions set forth herein supersede any policies and provisions of any Contractor rental document. Representations by, and obligations of, the Contractor, hereunder are also representations by, and obligations of, Contractor's participation franchisees and subcontractors. 2. AGREEMENT A. The Contractor agrees to provide State employees and Optional Users short term and long term statewide and national commercial car rental (CCR) services for official State business. B. The Contractor must maintain a participating location at the seventeen (17) California airport and high volume off airport locations shown below. Contractor shall provide express service at the fourteen (14) airports listed. 1) Sacramento (SM F) 2) Ontario (ONT) 3) Burbank (BUR) 4) San Diego (SAN) 5) Los Angeles (LAX) 6) Orange County (SNA) 7) Oakland (OAK) 8) Fresno (FAT) 9) San Francisco (SFO) 10) San Jose (SJC) 11) San Luis Obispo (SBP) 12) Long Beach (LGB) 13) Santa Rosa (STS) 14) Monterey (MRY) 15) Downtown Sacramento 16) Elk Grove 17) Redding EXHIBIT A Agreement Number 5159905 Page 2 of 12 C. All Participating Locations, hours of operation and express service availability are identified in Attachment 2 hereby incorporated by reference and made part of this agreement as if attached hereto. Full compliance with the terms of this Agreement is required of the Contractor and all its Participating Locations listed in Attachment 2. Contractor shall provide the Statewide Travel Program, Contract Administrator an updated listing of Participating Locations as part of the Quarterly Review process. D. The rates specified in Exhibit F and Exhibit G are in effect for the current contract term; however, Contractor may request a price increase for contract extensions in accordance with the following procedure: 1) The State may authorize rate increases should the State decide to execute the option to extend the contract. The rate price increase shall in no case exceed the Consumer Price Index (CPI) for the previous calendar year. A written request for the rate increase must be submitted to the DGS/STP Contract Administrator at least ninety (90) days prior to the effective date. The CPI is calculated according to the Consumer Annual Average for California which Contractor will find at the State of California, Department of Finance, Economic Research Section, Sacramento, California, telephone number (916) 322-2263. 3. TERM A. The term of this contract is upon execution of the contract through ~etlrµai:y, 2e;2Cl19. This Agreement cannot be considered binding on either party until contract execution. This contract is considered executed upon approval by DGS, Office of Legal Services. B. Direct billing accounts set up and online reservation verification activities will commence as stated in the Schedule contained in the Contractor's Technical Proposal, Attachment 1. Such activities shall be completed prior to Period of Performance stated in Paragraph C. below. C. The Period of Performance for providing statewide commercial car rental services shall be March 1, 2016 through lj,ebnjary 28, ·201!:l. The State reserves the right to extend the contract term for two (2) orie"y\:lar,;Jeirh'ls at the Base Rates including CPI adjustment if applicable. The State shall endeavor to give notice of its intention to extend the contract term at least one hundred and twenty ( 120) days before expiration of the current term. 4. RESERVATIONS A. Contractor shall fulfill all rental vehicle requests from State employees and Optional users made through the authorized short term, long term or emergency reservation process. B. Short Term Vehicles 1) Contractor shall load CALIFORINA STATE CONTRACT RATES and contract terms for all participating locations listed in Attachment 2 into the Global Distribution System (GOS). The State of California will verify that the online booking tool EXHIBIT A Agreement Number 5159905 Page 3 of 12 contains appropriate BASE RATES at a random number of participating locations prior to the Period of Performance for providing statewide commercial car rental services. 2) Except during an emergency, reservations can only be made through the online booking tool or through the State's authorized travel agency. 3) Contractor will not charge the State more than the contract rates set forth in Exhibit F. 4) Rates shown in Exhibit F must be available at all California and national locations shown in Attachment 2. C. Long Term Vehicles 1) State employees and Optional Users shall make all long term reservations directly with the Contractor. Contractor shall provide a contact for State and Optional Users to book all long term reservations. However, in the future at the State's option, the Contractor may be required to load long term rates into the GOS. The State shall formally notify the Contractor in writing should long term rates and contract terms require entry into the GOS and be made available at all participating locations listed in Attachment 2. 2) State long term vehicle rentals require advance approval from OFAM. Prior to fulfilling a long-term reservation, Contractor must receive an approval form that has been signed by the OFAM Chief, and/or Assistant Chief or delegate prior to fulfilling long term vehicle reservations. This process will not apply to Optional Users. 3) Contractor will not charge the State more than the contract rates set forth in Exhibit G. 4) Rates shown in Exhibit G must be available at all California and national locations shown in Attachment 2. 5) Contractor shall create direct billing accounts as needed to fulfill a reservation. 0. Emergency Vehicles 1) State employees shall make all emergency reservations directly with the Contractor and as further described in Contractor's Technical Proposal, Attachment 1-Section IV. Emergencies. 2) Contractor must fulfill requests for emergency vehicles within eight (8) hours. 3) When multiple entities are responding to an emergency Contractor shall grant recognized public agencies as ordered in the State of California Governor declared "Proclamation of a State of Emergency" priority consideration when fulfilling emergency vehicle reservations. EXHIBIT A 5. CONTRACT ADMINISTRATION Agreement Number 5159905 Page 4 of 12 All inquiries during the term of this Agreement will be directed to the representatives listed below: DGS/STP Contract Administrator Georgia Kattenhorn 707 3rd Street, MS 600 West Sacramento, CA 95605 PH: (916) 376-3990 FAX: (916) 376-3999 Email: Georgia.Kattenhorn@dgs.ca.gov 6. PERFORMANCE EAN Services, LLC Lisa Holmes 150 N Sunrise Roseville, CA 95661 PH: (916) 787-4500 Email: lisa.m.holmes@ehi.com A. Should the Contractor fail to commence work at the agreed upon time, the DGS, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the difference between its contracted bid price and the actual cost of performing the work by another contractor. B. Contractor will identify the name, business address and portion of work to be completed by each subcontractor who performs work under this contract. C. Contractor shall not turn away State employees utilizing this contract excluding those employees affected by the Contractor's Do Not Rent Policy or who have not complied with the State's mandatory booking process. D. The Contractor's Do Not Rent Policy-In extreme cases, the Contractor has the right to refuse services to any State employee conducting themselves in a hostile, unprofessional, confrontational or harassing manner. The Contractor will have their rental agent or branch manager record a summary of the occurrence and the State will review and discuss the occurrence with the State employees supervisor and the Contractor. E. Full compliance with the terms of this Agreement is required of the Contractor and all its participating locations listed in Attachment 2. Any material deviation from standard rental car practices, or from the terms of this Agreement, may constitute cause for an individual participating location to be placed in an immediate nonuse status until such time as the State determines that proper remedial measures have been taken. 7. DEFINITIONS A. The following definitions will be used for this Agreement: 1) STATE EMPLOYEE -a State employee is an officer or employee of the Executive Branch of California State Government. EXHIBIT A Agreement Number 5159905 Page 5 of 12 2) OPTIONAL USERS -In addition to the officers and employees of the Executive Branch, the following may, b.ut are not required to, obtain services under these contracts providing they are on authorized State business and/or authorized pursuant to local laws. a) Non-Salaried: Persons who are on official State business and whose travel expenses are paid by the State (this includes volunteers, members of official task forces, consultants and members of some commissions and boards). b) Elected Constitutional Officers: Governor, Lieutenant Governor, State Controller, Attorney General, Secretary of State, Superintendent of Public Instruction, State Treasurer, Insurance Commissioner, members of the Board of Equalization, and members of the staff of the above constitutional officers. c) State Legislative Branch: Members of the State Senate, Members of the State Assembly, and Legislative staff members. d) State Judicial Branch: Justices, officers, and employees of the Supreme Court of California, the Courts of Appeal, the Judicial Council of California and the State BAR of California. e) Executive Protection: Persons providing executive protection to anyone authorized to use these contracted rates. f) Local Agencies: Elected officials and other personnel of local agencies within California, to the extent that the travel is undertaken in accordance with the laws governing those agencies; persons employed by or affiliated with the California League of Cities (CLC), the California State Association of Counties (CSAC), the California State Districts Association (CSDA) or affiliated organizations. Whenever the term "State business" is used in this agreement, it shall be read to include travel undertaken to perform the official business of local agencies, CLC, CSAC, CSDA or the affiliated organizations referred to herein. g) Kindergarten through Grade Twelve (K-12) Public School Districts: Persons on official business for K-12 educational institutions that are supported with public funds and are authorized by action of and operated under the oversight of a publicly constituted Local or State educational agency. h) Employees of the California State University System (CSU), University of California System (UC), and California Community Colleges. B. BASE RA TE -The charge for vehicle rental not including transactional taxes, fees and surcharges. C. CITY AND SUBURBAN LOCATIONS -Any location that does not meet the definition of on-airport or off-airport location shall be referred to as a city or suburban location. These locations participating in the State of California program will comply with the provisions of this Agreement. EXHIBIT A Agreement Number 5159905 Page 6 of 12 D. DAILY BASE RATE -The Base Rate charge per day (24 hours) for vehicle rental. E. EMERGENCY -An urgent circumstance officially identified by the Governor of the State of California as a "Proclamation of a State of Emergency" and requiring an immediate response by recognized public agencies as ordered in the Proclamation. F. EXPRESS SERVICE -Completed rental agreement and key may be in vehicle or delivered to renter by an attendant. Driver's license checks can be done at the gate, at the Express Service counter where available, by a roving employee of the Contractor or in any manner consistent with industry/government laws, rules, and regulations. This will not be applicable for long term rentals. G. GLOBAL DISTRIBUTION SYSTEM (GOS) -The automated reservation systems used by the commercial travel industry for booking available vehicles, e.g., Sabre, Galileo/Apollo, Worldspan, Amadeus, etc. H. LONG TERM RENTAL -Transaction where rental period is at least thirty (30) days. State long term rentals require the advance approval by OFAM, Chief and/or Assistant Chief or delegate prior to fulfilling reservation. I. MAX CAP RATE (MGR) DAILY -The maximum daily rate Contractor can charge per vehicle class type rented at any California airport. It is comprised of the Daily Base Rate plus fees as applicable to a specific airport, up to the maximum rate. Sales tax and refueling charges are not included in the Rate. J. MONTHLY BASE RATE -The Base Rate charge per month [thirty (30) continuous days] for vehicle rental. K. NORTHERN, CENTRAL AND SOUTHERN LOCATIONS-The map below defines the regions the State identifies as Northern, Central and Southern California locations. EXHIBIT A Agreement Number 5159905 Page 7 of 12 Regions Identified as Northern, Central and Southern California Locations (By County) Northern liBl Del Norte Siskiyou Modoc Humboldt Trinity Shasta Lassen Tehama Plumas Mendocino Glenn Butte Sierra ~ake Colusa Sutter Yuba Nevada Sonoma Napa Yolo Placer Marin Solano Sacramento El Dorado Contra Costa Alameda San Francisco San Mateo Santa Cruz Santa Clara Central - Amador San Joaquin Calaveras Alpine Stanislaus Tuolumne Mono Mariposa Merced Madera San Benito Monterey Fresno Inyo Kings Tulare San Luis Obispo Kern Santa Barbara Southern - Ventura Los Angeles San Bernardino Orange Riverside San Diego Imperial EXHIBIT A Agreement Number 5159905 Page 8 of 12 L. OFF-AIRPORT LOCATION -Office located outside the airport terminal property or an area so designated specifically for car rental services for the airport. Shuttle services are provided for these locations. Hours of operation for an off-airport location or office shall be consistent with normal business hours. M. ON-AIRPORT LOCATION -Office located within the airport terminal, or an area within the airport property so designated specifically for car rental services. Vehicles may be located in a satellite location. Hours of operation for an on-airport location or office shall be consistent with airport operating hours. N. OVERAGE CHARGE -Incremental overtime charge Contractor can apply for vehicles returned outside of the rental period. 0. PARTICIPATING LOCATIONS-Contractor locations that offer vehicles for rent under the terms and conditions of this Agreement. P. SHORT TERM RENTAL -Transaction where rental period is less than thirty (30) days. Q. WEEKLY BASE RATE -The Base Rate charge per week [seven (7) continuous days] for vehicle rental. R. HYBRID ELECTRIC VEHICLES (HEVs) combine an internal combustion engine with a battery and electric motor. S. PLUG-IN HYBRID ELECTRIC VEHICLES (PEVs) combine both an electric motor that is battery powered and can be plugged in and recharged and a gasoline engine that can be refueled. T. ZERO EMISSION VEHICLES (ZEVs) emit no emissions from the onboard source of power. 8. DESCRIPTION OF SERVICES A. RENTAL OFFICES Contractor will provide rental offices and/or on-airport counters that are staffed, well-lit, clean, properly maintained and clearly defined as the Contractor's area for business. Contractor must provide personnel who are professional and courteous at all times. Repeated failure to fulfill reservations will result in individual locations being placed on a non use status. If the size/class car reserved is not available, the Contractor will substitute an upgraded vehicle at the same price with renter's consent. B. RENTAL AGREEMENT PROCEDURES 1) Contractor shall fulfill all rental vehicle requests from State employees and Optional users made through the authorized short term, long term or emergency reservation process. Persons who are 21 or older are authorized to operate vehicles rented under this Agreement and, if properly licensed, include the renter, and without EXHIBIT A Agreement Number 5159905 Page 9 of 12 additional charge, the renter's fellow employees traveling on official State business. Such additional drivers need not be listed on the rental agreement. 2) The vehicle to be rented will be ready for dispatch with a full tank of gas, to the extent possible. The renter will be furnished a copy of the Contractor's rental agreement and will not be bound by any stipulation therein which is inconsistent with this Agreement. 3) The Contractor shall provide market fuel prices for any vehicle returned with less than the level of fuel it had when the renter picked it up. This rate will not exceed the U.S. and Energy Administration weekly average rate as published at http://www.eia.doe.gov/oog/info/gdu/gasdiesel.asp. In accordance with the California State Constitution, Article 16, section 6, prepayment is not allowed under any circumstance. 4) The Contractor will provide a toll free number for State employees, in the event of an accident and/or a vehicle becomes inoperable and a replacement vehicle is required. The Contractor shall be available to provide instructions for the disposition of the disabled vehicle. 5) At the completion of each rental, the Contractor will provide an itemized receipt of services that will contain all charges for the vehicle. The receipt should also contain the renters name and information provided prior to the rental. Should a credit be issued, the Contractor will provide receipt reflecting such correction at the time of vehicle return. C. VEHICLE REQUIREMENT Rental vehicles will be properly licensed, clean and maintained in a safe operating condition, be no more than two (2) years old, and have no more than 40,000 miles on the odometer. Pickup Trucks and 4WD pickup trucks should be at least Y:, ton, full-size, two door regular cab with a 6' bed. Minivans must contain at least seven (7) seatbelts to accommodate a driver and six (6) passengers. The Contractor shall provide vehicles with no advance notice with the exception of American with Disabilities Act vehicles. D. AVAILABLE INVENTORY FOR STATE EMERGENCY VEHICLES Contractor shall maintain a vehicle inventory capable of meeting the State's vehicle rental needs necessary to respond to emergencies. Contractor may be required to relocate inventory from other participating locations to meet such demands. The State shall not be responsible for costs incurred by the Contractor to relocate vehicles in order to meet State emergency vehicle demands. E. CLEAN AND FUEL EFFICIENT VEHICLES The Contractor shall provide Hybrid Electric Vehicles (HEVs), Plug-In Hybrid Electric Vehicles (PEVs) and Zero Emission Vehicles (ZEVs) in a compact or intermediate size at the contract rate. A resource for identifying these vehicles can be found on the California Air Resources Board Drive Clean web page http://www.driveclean.ca.gov/. EXHIBIT A F. MAINTENANCE AND REPAIR Agreement Number 5159905 Page 10 of 12 All maintenance and repair of the rented vehicles in accordance with manufacturer's instructions on maintenance, will be the responsibility of the Contractor. For long term rentals, the Contractor must provide renters with routine vehicle maintenance schedules and specific instructions for obtaining any required maintenance and repair. Any required maintenance and repair must be performed at or within the general vicinity of the rental location. The time spent while wailing for the replacement or for repairs due to any mechanical failure of the vehicle shall be deducted from the total amount of rental time. G. AMERICAN WITH DISABILITIES ACT (ADA} Contractor will comply with the ADA of 1990, as required by Titles II and Ill of the ADA (42 U.S.C. 1201 el seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant lo the ADA. H. REVENUE SHARE 1. The Contractor shall. submit a Revenue Share check to the DGS/STP Contract Administrator within sixty (60) days of the end of each quarter equal to the percentage of total Base Rates charges as specified in Exhibit F and Exhibit G. 2. The DGS/STP Contract Administrator will rely on reports received from the Contractor to determine total Base Rate charges less refunds. This report will provide details of the Base Rate totals, refunds applied, and other charges to clearly indicate how the Revenue Share was determined. I. REPORTS 1. REPORTING REQUIREMENTS: Reporting required will include short term, long term and monthly reconciliation reports. Contractor will submit data utilizing the sample formals provided or in another formal provided by the contractor and approved by the Stale. Reports must be in Excel format or another format where data can be sorted and manipulated. The data categories identified will be supplied in each report. Additional data categories and reports may be requested by the State in order to capture transaction detail and/or account performance. All reports will capture all transaction detail with a minimum of the following categories: • Agency Name • Driver Name • Check-out location and Check in location and dates (separate columns) • Total Days Rented • Miles Driven or odometer in/out • Car Class (Vehicle Car Type) • Rate Used (Daily, Hourly, Weekly, Monthly) • Fuel Charges • Taxes EXHIBIT A Agreement Number 5159905 Page 11 of 12 • As applicable State and local Government fees and surcharges, and/or airport fees • Total Billed Charges • Make, Model, Year, License Plate#, VIN# (separate columns) • Invoice #, Billing #, Reservation# (separate columns) 2. REPORTS FOR ALL CONTRACT USE / SHORT TERM The Contractor will provide one electronic report to the DGS/STP by the 25th day after the preceding month that includes all short term transactions under the contract with, at a minimum, the data categories identified above. The report must separate and total State transactions and Optional User transactions. 3. REPORTS FOR ALL CONTRACT USE / LONG TERM -The Contractor will provide one electronic report to the DGS/STP by the 25th day after the preceding month that includes all long term transactions under the contract with, at a minimum, the data categories identified above. The report must separate and total State transactions and Optional User transactions. 4. REPORTS FOR MONTHLY RECONCILIATION -The Contractor will email monthly direct billing reports to each State department and Optional User for billing reconciliation. The STP Contract administrator must receive a copy of these reports at lime of delivery. These reports use a similar format and contain the same minimum data requirements with additional data fields to capture additional rental time, adjustments and car class requested/received. EXHIBIT A Agreement Number 5159905 Page 12 of 12 5. The Slate will work with the Contractor to establish an acceptable reporting and delivery format. 6. The Contractor will provide additional detailed transaction reports as needed. 7. File Transfer Protocol (FTP) -If the Contractor supports FTP the Contractor shall set up an FTP account for the DGS and provide a download schedule. Data must be delivered by email. 8. QUARTERLY REVIEW: a. The Contractor will meet quarterly with DGS/STP to review services, data reports, and projected revenue in the month succeeding the quarter in review. A quarterly meeting schedule will be established once Agreement is executed. b. The Contractor shall provide the DGS/STP Contract Administrator an updated listing of Participating Locations. c. The DGS/STP may periodically review all charges including but not limited to taxes, State and local Government fees and surcharges, and/or airport fees with the Contractor to substantiate that the State of California is subject to charges listed on rental receipts. J. MARKETING AND PROMOTIONAL ADS All marketing and promotional ads regarding this contract must receive written approval by the DGS/STP Contractor Administrator, prior to distribution. Agreement Number 5159905 Page 1 of 1 EXHIBIT F SHORT TERM RENTAL COST TABLE (BASE RATES) Complete the table below: Enter the Daily, Weekly and Maximum Cap Rate Daily rate for each VCT in U.S. dollars and cents up to two (2) decimal digits. If offering more than minimum Revenue Share percentage, enter a percentage on Additional Revenue Share line. VEH1CLE •. CL;($S TYP:E: ,. \ ·. r· ''',r i , I, •< . ' .. ; _--,._ • . MAXIMUM ·;. ;, \ .. ·.· ... '·•r•.i< /.·•·•··• I, . DAILY I> WEEKLY . .. CAP RATE ,, . . .. . ,, :r:/_:·;_,' ')>---/_;.:' . DAILY .. : ·' . . . . . . . .. .. .. ·. . Compact $33.96 $135.83 $51.45 Mid-Size/Intermediate ,$33,J:l6 $135.83 $51.45 Full-Size $36,02 $144;0!? $54.54 Mini Van $57.:6.~ $230.50 $80.26 Four Wheel Drive (4WD)/Sport Utility Vehicle $57,.62 $230.50 $80.26 Pick Up Truck $72.03 $288.12 $96.73 Hybrid Electric Vehicle $43.22 .$172.87 $63.80 Plug-In Hybrid Electric Vehicle/ Zero Emission Vehicle .$43.22 $'.172i87 $63.80 Minimum Requirement: 3% Additional Revenue Share above 3%: 7% (i.e. 0. 70% ) Total Revenue Share: 10% (i.e. 3.70%) Note: The State of New York is exempt from the Base Rate listed above. Such rates are subject to open market rates quoted at time of actual car rental. EXHIBITG Agreement Number 5159905 Page 1 of 1 LONG TERM RENTAL COST TABLE (BASE RATES) Complete the table below: Enter the Daily, Weekly and Monthly rate for each VCT in U.S. dollars and cents up to two (2) decimal digits. If offering more than minimum Revenue Share percentage, enter a percentage on Additional Revenue Share line. Compact Mid-Size/Intermediate Full-Size Mini Van Four Wheel Drive (4WD)/Sport Utility Vehicle Pick Up Truck Hybrid Electric Vehicle Plug-In Hybrid Electric Vehicle/ Zero Emission Vehicle Minimum Requirement: Additional Revenue Share above 3%: (i.e. 0.70%) Total Revenue Share: (i.e. 3.70%) $18:87 $132. 10 $565.95 $1S.87 $132:10 $51S5.95 $20.58 $144.06 $617.40 $~2.59 ,$228.12 $977.55 $27.10 :$189.73 $8.12.91 $27.1.0 $1.89.73 $812.91 $24,8.71 $174710 $746.03 $24 .. 67 $}74.10 $746.03 3% 7% 10% Note: The State of New York is exempt from the Base Rate listed above. Such rates are subject to open market rates quoted at time of actual car rental. STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 2 13 A (Rev 6/03) OJ CHE CK IIERE IF A DDITIONAL PAGES ARE ATTACH ED _1_4_ Pages AGREEMENT NUMBER AMENDMENT NUMBER 5159905 2 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and Contracto r named below: STATE AGENCY'S NAME Department of General Services CONTRACTOR'S NAME EAN Services LLC. 2. The term of this Agreement is January 27 , 2016 through February 28, 2020 Wi th one, one -year opt ion to extend 3. The ma xim um amount of thi s $.00 Agreement after th is a mendmen t is: 4. The parties mutually agree to this amendment as follows . All actions noted below are by thi s re ference made a pa rt of the Agreement and incorporated h erein: This amendment replaces the fo ll owing in their entirety: Exhibit A-Scope of Work Exhibit F -Short Te rm Renta l Cost Table Exhibit G -Long Te rm Re ntal Cost Tab le 12 Pag es 1 Pa ges 1 Pag es Exhibit F and G rates go into effect Marc h 1 , 20 19. A ll other contract terms and cond itions remain unchanged. I N W ITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CALIFORNIA Department of General Services Use Only CONTRACTOR'S NAME (If ot her t han an individual, state whether a corporation, partnership, etc.) .I'}_, _E_A_N....,,S,,,_e_r_v_ic...,,e .... s_,_, _L_L_C-:::.~-----------r----------1 'f1 . ADDRESS ST ATE OF CALI FORNIA ADDRESS 707 3rd Street, 2 nd F loo r West Sacramento, CA 95605-2811 DATE SIGN ED (Do not type) "' , APPROVED FEB 2 0 20 19 OFFICE OF LEG/\L srnv1CES DEPT o~ GE'.\IERAL SERVICES D Exempt per : EXHIBIT A 1. SCOPE OF WORK Agreement Number 5159905 Page 1 of 12 A. The Department of General Services (DGS), Office of Fleet and Asset Management (OFAM), Statewide Travel Program (STP) hereinafter referred to as "State" or "DGS/STP" is contracting for services for rental vehicles used by all State employees and Optional Users traveling on official State business. B. The State and EAN Services, LLC (hereinafter referred to as the "Contractor''), hereby agree that the Contractor will provide the State and Optional Users with statewide and national commercial car rental services in accordance with the terms and conditions of this Agreement. C. The Contractor shall provide direct billing accounts set up and online reservation verification activities in accordance with tts Technical Proposals, Attachment 1, attached hereto and incorporated by reference. Activities described in the Technical Proposal shall be provided by the Contractor al no-cost to the State. D. The Contractor agrees that the terms and conditions set forth herein supersede any policies and provisions of any Contractor rental document. Representations by, and obligations of, the Contractor, hereunder are also representations by, and obligations of, Contractor's participation franchisees and subcontractors. 2. AGREEMENT A. The Contractor agrees to provide State employees and Optional Users short term and long term statewide and national commercial car rental (CCR) services for official State business. B. The Contractor must maintain a participating location at the seventeen ( 17) California airport and high volume off airport locations shown below. Contractor shall provide express service at the fourteen (14) airports listed. 1) Sacramento (SMF) 2) Ontario (ONT) 3) Burbank (BUR) 4) San Diego (SAN) 5) Los Angeles (LAX) 6) Orange County (SNA) 7) Oakland (OAK) 8) Fresno {FAT) 9) San Francisco (SFO) 10) San Jose (SJC) 11) San Luis Obispo (SBP) 12) Long Beach (LGB) 13) Santa Rosa (STS) 14) Monterey (MRY) 15) Downtown Sacramento 16) Elk Grove 17) Redding EXHIBIT A Agreement Number 5 159905 Page 2 of 12 C. All Participating Locations, hours of operatio n and express service availability are id e ntified in Attachment 2 he reby in corp or ated by refere n ce and made part of this agreement as if attached h er eto. Full compli ance wi th the terms of this Agreement is r equired of the Contractor and all its Partic ipatin g Locations listed in Attachment 2 . Contractor s h a ll provide the Statewide Travel Program , Contra ct Administrator an updated listing of Participating L ocatio ns as part of th e Quarterly Review process. D. The rates specifi ed in Exhibit F and Exhibit G are in effect for t he curre nt contract te r m; h owever, Contractor may request a pri ce in c rease for contract exten sions in accordance w ith the foll owing procedure: 1) The St ate m ay authorize rate in cr eases s hould the State decid e t o execute the option t o extend the contra ct. The rat e price in c re ase shall in no case exceed the Consumer Price Ind ex (CPI) for t h e prev iou s c alendar year. A written req u est for the rate in c rea se must be submitted to the DGS/STP Contract Administrator at least n inet y (90) days prior to th e effe cti ve d at e . The CPI is calculated accord in g to the Co nsumer Annual Average for Ca lifornia which Contractor w ill find at the State of Ca lifornia, Departm ent of Finance, Econom ic Research Section, Sacramento, Ca lifornia, telephone number (916) 322-2263. 3. TERM A. The t e rm of this con tract is upon execution of th e cont ract through February 28, 2020. This Agre e ment cannot be considered binding on ei ther p arty unti l contract executi on . This contract is consider ed executed upon appr oval by D GS, Offi ce of L egal Services. B . Direct billing accounts set u p a nd on lin e reservati o n veri fication acti vi ties w ill commence as stated in the Schedule con t ain ed in the Contractor's T echnical P roposa l, Attachment 1. S u c h ac tiv iti es sha ll be complet ed prior to Period of Performa n ce stated in Pa rag raph C. below. C. The Pe ri o d of Perform a nce for provid ing st at ewide co mm ercial car rental services shall be March 1, 2016 through February 28, 2020. The State reserves the rig ht to extend the co ntract t e rm fo r one (1) one-year term at th e B ase Rates in cludi n g CPI adjustment if app li cab le. The State shall e nd eavor to give n oti ce of its intention to extend the cont ract te rm at least one hundred and twenty (120) days before expiration of the curre nt term. 4. RESERVATIONS A. Contractor sha ll fu lfill all re ntal vehic le r eq uest s from State employees a nd Optional users ma de through the authori zed s ho rt t erm , lo ng term or emergency reservation process. 8 . Short T erm Vehicl es 1) Contract or shall load CALIFORINA STATE CONTRACT RATES and contract terms for a ll participati ng locations liste d in Attachment 2 into the Global D istri bution System (GOS). The State of Cal ifornia wi ll ve rify that the onli n e booking t oo l EXHIBIT A Agreement Number 5159905 Page 3 of 12 contains appropriate BASE RATES at a random number of participating locations prior to the Period of Performance for providing statewide commercial car rental services. 2) Except during an emergency, reservations can only be made through the online booking tool or through the State's authorized travel agency. 3) Contractor will not charge the Slate more than the contract rates set forth in Exhibit F. 4) Rates shown in Exhibit F must be available at all California and national locations shown in Attachment 2. C. Long Term Vehicles 1) State employees and Optional Users shall make all long term reservations directly with the Contractor. Contractor shall provide a contact for State and Optional Users to book all long term reservations. However, in the future at the State's option, the Contractor may be required to load long term rates into the GDS. The State shall formally notify the Contractor in writing should long term rates and contract terms require entry into the GDS and be made available at all participating locations listed in Attachment 2. 2) State long term vehicle rentals require advance approval from OFAM. Prior to fulfilling a long-term reservation, Contractor must receive an approval form that has been signed by the OFAM Chief, and/or Assistant Chief or delegate prior to fulfilling long term vehicle reservations. This process will not apply to Optional Users. 3) Contractor will not charge the State more than the contract rates set forth in Exhibit G. 4) Rates shown in Exhibit G must be available at all California and national locations shown in Attachment 2. 5) Contractor shall create direct billing accounts as needed to fulfill a reservation. D. Emergency Vehicles 1) State employees shall make all emergency reservations directly with the Contractor and as further described in Contractor's Technical Proposal, Attachment 1-Section IV. Emergencies. 2) Contractor must fulfill requests for emergency vehicles within eight (8) hours. 3) When multiple entities are responding to an emergency Contractor shall grant recognized public agencies as ordered in the State of California Governor declared "Proclamation of a State of Emergency'' priority consideration when fulfilling emergency vehicle reservations. EXHIBIT A 5. CONTRACT ADMINISTRATION Agreement Number 5159905 Page 4 of 12 All inquiries during the term of this Agreement will be directed to the representatives listed below: DGS/STP Contract Administrator Georgia Kattenhorn 707 3"' Street, MS 600 West Sacramento, CA 95605 PH: (916) 376-3990 FAX: (916) 376-3999 Email: Georgia.Kattenhorn@dgs.ca.gov 6. PERFORMANCE EAN Services, LLC Lisa Holmes 150 N Sunrise Roseville, CA 95661 PH: (916) 787-4500 Email: lisa.m.holmes@ehi.com A. Should the Contractor fail to commence work at the agreed upon time, the DGS, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the difference between its contracted bid price and the actual cost of performing the work by another contractor. B. Contractor will identify the name, business address and portion of work to be completed by each subcontractor who performs work under this contract. C. Contractor shall not turn away State employees utilizing this contract excluding those employees affected by the Contractor's Do Not Rent Policy or who have not complied with the State's mandatory booking process. D. The Contractor's Do Not Rent Policy -In extreme cases, the Contractor has the right to refuse services to any State employee conducting themselves in a hostile, unprofessional, confrontational or harassing manner. The Contractor will have their rental agent or branch manager record a summary of the occurrence and the State will review and discuss the occurrence with the State employees supervisor and the Contractor. E. Full compliance with the terms of this Agreement is required of the Contractor and all its participating locations listed in Attachment 2. Any material deviation from standard rental car practices, or from the terms of this Agreement, may constitute cause for an individual participating location to be placed in an immediate nonuse status until such time as the State determines that proper remedial measures have been taken. 7. DEFINITIONS A. The following definitions will be used for this Agreement: 1) STATE EMPLOYEE -a State employee is an officer or employee of the Executive Branch of California State Government. EXHIBIT A Agreement Number 5159905 Page 5 of 12 2) OPTIONAL USERS -In addition to the officers and employees of the Executive Branch, the following may, but are not required to, obtain services under these contracts providing they are on authorized State business and/or authorized pursuant to local laws. a) Non-Salaried: Persons who are on official State business and whose travel expenses are paid by the State (this includes volunteers, members of official task forces, consultants and members of some commissions and boards). b) Elected Constitutional Officers: Governor, Lieutenant Governor, State Controller, Attorney General, Secretary of State, Superintendent of Public Instruction, State Treasurer, Insurance Commissioner, members of the Board of Equalization, and members of the staff of the above constitutional officers. c) State Legislative Branch: Members of the State Senate, Members of the State Assembly, and Legislative staff members. d) State Judicial Branch: Justices, officers, and employees of the Supreme Court of California, the Courts of Appeal, the Judicial Council of California and the State BAR of California. e) Executive Protection: Persons providing executive protection to anyone authorized to use these contracted rates. f) Local Agencies: Elected officials and other personnel of local agencies within California, to the extent that the travel is undertaken in accordance with the laws governing thosB"agencies; persons employed by or affiliated with the California League of Cities (CLC), the California State Association of Counties (CSAC), the California State Districts Association (CSDA) or affiliated organizations. Whenever the term "State business" is used in this agreement, it shall be read to include travel undertaken to perform the official business of local agencies, CLC, CSAC, CSDA or the affiliated organizations referred to herein. g) Kindergarten through Grade Twelve (K-12) Public School Districts: Persons on official business for K-12 educational institutions that are supported with public funds and are authorized by action of and operated under the oversight of a publicly constttuted Local or State educational agency. h) Employees of the California State University System (CSU), University of California System (UC), and California Community Colleges. B. BASE RATE -The charge for vehicle rental not including transactional taxes, fees and surcharges. C. CITY AND SUBURBAN LOCATIONS -Any location that does not meet the definition of on-airport or off-airport location shall be referred to as a city or suburban location. These locations participating in the State of California program will comply with the provisions of this Agreement. EXHIBIT A Agreement Number 5159905 Page 6 of 12 D. DAILY BASE RATE -The Base Rate charge per day (24 hours) for vehicle rental. E. EMERGENCY -An urgent circumstance officially identified by the Governor of the State of California as a "Proclamation of a State of Emergency" and requiring an immediate response by recognized public agencies as ordered in the Proclamation. F. EXPRESS SERVICE -Completed rental agreement and key may be in vehicle or delivered to renter by an attendant. Driver's license checks can be done at the gate, at the Express Service counter where available, by a roving employee of the Contractor or in any manner consistent with industry/government laws, rules, and regulations. This will not be applicable for long term rentals. G. GLOBAL DISTRIBUTION SYSTEM {GDS) -The automated reservation systems used by the commercial travel industry for booking available vehicles, e.g., Sabre, Galileo/Apollo, Worldspan, Amadeus, etc. H. LONG TERM RENTAL -Transaction where rental period is at least thirty (30) days. State long term rentals require the advance approval by OFAM, Chief and/or Assistant Chief or delegate prior to fulfilling reservation. I. MAX CAP RATE (MGR) DAILY -The maximum daily rate Contractor can charge per vehicle class type rented at any California airport. It is comprised of the Daily Base Rate plus fees as applicable to a specific airport, up to the maximum rate. Sales tax and refueling charges are not included in the Rate. J. MONTHLY BASE RATE -The Base Rate charge per month [thirty (30) continuous days] for vehicle rental. K. NORTHERN, CENTRAL AND SOUTHERN LOCATIONS -The map below defines the regions the State identifies as Northern, Central and Southern California locations. EXHIBIT A Agreement Number 5159905 Pag e 7 of 12 Regions Identified as Northern, Central and Southern California Locations (By Coun ty) La~ Northern Del Norte Siskiyou Modoc Humboldt Tr in ity Sh asta Lassen Tehama Plumas Mendocino Glenn Butte Sierra L.ake Colusa Sutter Yuba Nevada Sonoma Napa Yolo Placer Mar in Solano Sacramento El Dorado Contra Costa A lameda San Francisco San Mateo Santa Cruz Santa Clara Central - Amador San Joaqui n Calaveras A lp ine Stanis laus Tuolumne Mono Mariposa Merced Madera San Benito Monterey Fres no Inyo Kings Tula re San Lui s Obispo Kern Santa Barbara Southern - Ve ntura Los A nge les San Bernardino Orange R iver side Sa n Diego Imperial EXHIBIT A Agreement Number 5159905 · Page 8 of 12 L OFF-AIRPORT LOCATION -Office localed outside the airport terminal property or an area so designated specifically for car rental services for the airport. Shuttle services are provided for these locations. Hours of operation for an off-airport location or office shall be consistent with normal business hours. M. ON-AIRPORT LOCATION -Office located within the airport terminal, or an area within the airport property so designated specifically for car rental services. Vehicles may be located in a satellite location. Hours of operation for an on-airport location or office shall be consistent with airport operating hours. N. OVERAGE CHARGE -Incremental overtime charge Contractor can apply for vehicles returned outside of the rental period. 0. PARTICIPATING LOCATIONS -Contractor locations that offer vehicles for rent under the terms and conditions of this Agreement. P. SHORT TERM RENTAL -Transaction where rental period is less than thirty (30) days. Q. WEEKLY BASE RATE -The Base Rate charge per week [seven (7) continuous days] for vehicle rental. R HYBRID ELECTRIC VEHICLES {HEVs) combine an internal combustion engine with a battery and electric motor. S. PLUG-IN HYBRID ELECTRIC VEHICLES (PEVs) combine both an electric motor that is battery powered and can be plugged in and recharged and a gasoline engine that can be refueled. T. ZERO EMISSION VEHICLES (ZEVs) emit no emissions from the onboard source of power. 8. DESCRIPTION OF SERVICES A. RENTAL OFFICES Contractor will provide rental offices and/or on-airport counters that are staffed, well-lit, clean, properly maintained and clearly defined as the Contractor's area for business. Contractor must provide personnel who are professional and courteous at all times. Repeated failure to fulfill reservations will result in individual locations being placed on a nonuse status. If the size/class car reserved is not available, the Contractor will substitute an upgraded v.ehicle at the same price with renter's consent. B. RENT AL AGREEMENT PROCEDURES 1) Contractor shall fulfill all rental vehicle requests from State employees and Optional users made through the authorized short term, long term or emergency reservation process. Persons who are 21 or older are authorized to operate vehicles rented under this Agreement and, if properly licensed, include the renter, and without EXHIBIT A Agreement Number 5159905 Page 9 of 12 additional cha rge , the renter's fellow emp lo yees traveling on officia l State business. Such add iti onal drivers ne ed not be li sted on the renta l agreement. 2) Th e veh icle to be rented w ill be ready for dispatch with a full tank of gas, to the extent possible . Th e ren ter will be furni shed a copy of the Contractor's rental ag reement and will not be bound by a ny stipulation there in which is inconsistent with this Agreement. 3) The Co ntractor shall provide market fuel prices for any ve hicle returned with less than the le vel of fuel it had when th e renter picked it up. Th is rate w il l not exceed the U.S. and En e rgy Administration week ly avera ge rate as published at http://www.eia .doe.gov/oog /info/gdu/gasdiesel.asp. In accordance with the Californ ia State Constitution, Article 16, sectio n 6, prepayment is not allowed und er any circumstance . 4) The Contractor will provide a toll free number for State employees, in the event of an accid ent and/or a ve hi c le becomes in operab le and a replacement vehicle is required . The Contractor shall be available t o provide instructions for the dispos ition of the disabled vehicle. 5) At the completion of each rental , the Contractor will provide an itemized receipt of services that will conta in all charges for the vehicle. The receipt should also contain the renters name and informat ion provided prio r to the rental. Should a cre dit be iss ued, th e Contractor wil l provide receipt reflecting such correction at the time of vehic le return . C. VEHICLE REQUIREMENT Rental vehicles will be properly li censed, c lean and maint ain ed in a safe operating cond ition, be no more than two (2) yea rs old, and have no more than 40,000 miles on the odometer. Pickup T rucks and 4W D pickup trucks should be at least Yi ton, full-size , two door reg ular ca b with a 6' bed . Minivans mu st co nt ain at least seven (7) seatbelts to acco mm odate a driver and six (6) passengers. The Contractor shall provide vehicles with no advance notice with the exception of American with Disabilities Act vehicles. D. AVAILABLE IN VE NTORY FOR S TATE EMERGENC Y V EHICLES Con tract or shall maintain a veh ic le invent ory capab le of meeting the State's vehicle re nta l nee ds necessary to respond to emergencies. Contractor may be required to re locate inventory from other participating locations to meet such demands. The State shall not be responsib le for costs incurred by the Contractor to relocate veh icles in order to meet State emergency vehic le demands. E. CLEAN A ND FUEL EFFI C IENT VEHICLES The Contractor sha ll provide Hybrid El ectric Vehicles (HEVs), Plug-In Hybrid Electric Ve hi cles (PEVs) and Zero Emis sion Vehicles (ZEVs) in a compact or intermed iate size at the contract rate. A resource for id entifyi ng these vehicles can be found on the Ca liforni a Ai r Resources Board Drive Clean web page http://www.driveclean.ca.go v/. EXHIBIT A F. MAINTENANCE AND REPAIR Agreement Number 5159905 Page 10 of 12 All maintenance and repair of the rented vehicles in accordance with manufacturer's instructions on maintenance, will be the responsibility of the Contractor. For long term rentals, the Contractor must provide renters with routine vehicle maintenance schedules and specific instructions for obtaining any required maintenance and repair. Any required maintenance and repair must be performed at or within the general vicinity of the rental location. The lime spent while wailing for the replacement or for repairs due to any mechanical failure of the vehicle shall be deducted from the total amount of rental time. G. AMERICAN WITH DISABILITIES ACT (ADA) Contractor will comply with the ADA of 1990, as required by Titles II and Ill of the ADA (42 U.S.C. 1201 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. H. REVENUE SHARE 1. The Contractor shall submit a Revenue Share check to the DGS/STP Contract Administrator within sixty (60) days of the end of each quarter equal to the percentage of total Base Rates charges as specified in Exhibit F and Exhibit G. 2. The DGS/STP Contract Administrator will rely on reports received from the Contractor to determine total Base Rate charges less refunds. This report will provide details of the Base Rate totals, refunds applied, and other charges to clearly indicate how the Revenue Share was determined. I. REPORTS 1. REPORTING REQUIREMENTS: Reporting required will include short term, long term and monthly reconciliation reports. Contractor will submit data utilizing the sample formats provided or in another format provided by the contractor and approved by the State. Reports must be in Excel format or another format where data can be sorted and manipulated. The data categories identified will be supplied in each report. Additional data categories and reports may be requested by the State in order to capture transaction detail and/or account performance. All reports will capture all transaction detail with a minimum of the following categories: • Agency Name • Driver Name • Check-out location and Check in location and dates (separate columns) • Total Days Rented • Miles Driven or odometer in/out • Car Class (Vehicle Car Type) • Rate Used (Daily, Hourly, Weekly, Monthly) • Fuel Charges • Taxes ~ s ... EXHIBIT A Agreement Number 5159905 Page 11 of 12 • As applicable State and lo ca l Government fees and surcharges, and/or airport fees • Total Bill ed Charges • Make, Model, Year, Li cense Plate#, V IN# (separate columns) • Invoice#, Billing#, Reservation# (separate columns) 2. REPORTS FOR ALL CONTRACT USE / SHORT TERM -Th e Contractor wi ll provide one electronic report to the DGS/S TP by the 25 th day after the preceding month that in cl udes a ll short term transactions unde r the contract with , at a minimum , the data categories identified above. The report must separate and tota l State transactions and Optional User transactions. All Contra ct Use/ Short Tenn Rental Report I!!!!!! l•1al Q!lis! Kt!!!! H.u!!l J!m R!.!s I!l1! !.Ii!!:! ~ !!m llm![ :!l:mh ~ o,i... hl ~ ~ To!!! l!tl!!I s.-I';.,, 0., la o.~ Dffln tin, Rn, R.,. Rat • Tn h•I tn:dffl: Cn,lib !lat c.d, la .w ... s .... y ..... Mab lw.l s ~_\ ~J=P-·1 r =[~J 3. REPORTS FOR ALL CONTRACT USE / LONG TERM -The Contractor will provide one e lectroni c report to the DGS/S TP by the 25th day after the preceding month that includes all long t erm tran saction s under the contract with , at a minimum, the data categories id entified above . The report must separate and total State tra nsacti ons and Optional User transa ctions . All Co ntnic l Use/ Lona Te rm Re ntal Re port 4. REPORTS FOR MONTHLY RECONCILIATION -The Contractor will emai l monthly direct billing reports to each State department and Optional User for billing reconciliati on. The STP Contract administrator must receive a copy of these reports at time of deli very. These reports us e a similar format and conta in the same minimum data re quirements with add iti ona l data fields to capture additional rental time, adjustm e nts a nd car class req uested/received. EXHIBIT A Reco nciliati on Report Agreeme nt Number 51 59905 P age 12 of 12 Dtpartmcnt ·a me: Account ~WDbtr: Iuvoict Date: Vm dor am t: !!!Bil -~ I!!! ~ I!!!! -l!ltt n.. I!Ul Ill!!!! UJlJ 1M liw Iioo &ml !!lllsi !!bs!,:r Im! ltd!. ll!rut &II I!!!,, ~ ~ ~ l.!!!a s-,-""' .. •~ ""' .. _ .. :r-·~ ....... ,sa. ...--"'-"' Tn . .., TnwTHt ,..,____ .... "·• , ..... ,. ... c.i. '-' .\.-\ H~ =l·J f ~L 5. T he St at e wi ll work w ith the Co ntractor to establish an acceptable reporti ng and de live ry form at . 6 . Th e Co ntractor wi ll provide add itio nal det ai led tra nsa ctio n reports as needed. 7. File Transfe r P roto co l (FTP ) -If the Co nt ractor supports FTP the Contra ctor shal l set up an FTP acco unt for th e D GS and prov id e a downl oad sc hedul e. Dat a must be deli ve re d by emai l. 8 . QUARTERLY REV IEW : a . Th e Contract o r w ill mee t quart erly w ith D GS/S T P to rev iew serv ices , data reports, a nd p rojected reve nu e in the mo nt h suc cee di ng the quarter in re v iew. A quarterl y meeti ng sch edul e w ill be estab li shed o nce Ag reem e nt is e xecut ed. b . Th e Co ntracto r sha ll provide the DGS/ST P Contract Adm inistrator an u pdated listin g of Pa rti cip atin g Locat io ns. c . Th e DGS/STP may period ica ll y review all cha rges inc ludi ng but not limit ed to taxes, State a nd local Governm e nt fees a nd s urc ha rges, a nd /or ai rpo rt f ees w ith the Con tractor to s ubstanti ate that th e State of Cal ifo rnia is subject to charg es li st ed o n re ntal receipt s. J . MARKETIN G AN D PROMOTI ONA L A DS A ll marketi ng and prom otio na l ads regardi ng this con t ract must re cei ve writte n ap pro val by the DGS/STP Co nt ract or Admini strato r, prior to di stribu ti on. EXHIBIT F SHORT TERM RENTAL COST TABLE (BASE RATES) Agreement Number 5159905 Pa ge 1 of 1 Complete the table below: Enter the Daily, Weekly and Maximum Cap Rate Daily rate for each VCT in U.S. dollars and cents up to two (2) decimal digits. If offering more than minimum Re v enue Shar e percentage, enter a percentage on Additional Revenue Share lin e. VEHICLE CLASS TYPE : MAX IMUM DAILY WEE KLY CAP RATE DAILY Compact $35.01 $140.04 $53.04 Mid-Size/Intermediate $35.01 $140.04 $53.04 Full-Size $37.13 $148.53 $56.23 Mini Van $59.41 $237.64 $82.75 Four Wheel Drive (4WD)/Sport Utility Vehicle $59.41 $237.64 $82.75 Pick Up Truck $74.26 $297 .05 $99.72 Hybrid Electric Vehicle $44.56 $178.23 $65.78 P lug-In Hybrid Electric Vehicle / Zero Emission Vehicle $44.56 $178.23 $65.78 REVENUE SHARE !Percent of a ll Base Rate Charges per Quarter Minimum Requirement: 3 % Addition al Reve nu e Share a bove 3%: 7% (i.e . 0.70 %) Tota l Revenue Share: 10% (i.e. 3.70 %) Note: Th e Sta te of New York is exempt from the B ase Rate lis ted above. Such rates are subject to open market rates quoted at time of actua l car rental. EXHIBIT G Agreement Number 5159905 Page 1 of 1 LONG TERM RENTAL COST TABLE (BASE RATES) Complete the table below: Enter the Daily, Weekly and Monthly rate for each VCT in U.S. dollars and cents up to two (2) decimal digits. If offering more th an minimum Revenu e Sh are percentage, enter a per centage on Additional Re venue Share line . VEHICLE CLASS TYPE (VCT): DAILY W EEKLY MONTHLY Compact $19.46 $136.20 $583.49 Mid-Size/Intermediate $19.46 $136.20 $583.49 Full-Size $21 .22 $148.53 $636.54 Mini Van $33.60 $235.19 $1 ,007 .85 Four Wheel Drive (4WD)/Sport Utility Veh i cle $27.94 $195.61 $838.11 Pick Up Truck $27.94 $195.61 :$838 .11 Hybrid Electric Veh i cle $25.64 $1 79.49 $769.15 Plug-In Hybrid Electric Vehicle / Zero Emission Vehicle $25.64 $1 79 .49 $769.15 REVENUE SHARE !Perce nt of all Base Rate Charges per Quarter Minimum Req uirement: 3% Additional Rev e nu e Share a bove 3 %: 7% (i.e. 0 .70%) Tota l Revenue Share: 10% (i.e. 3.70 %) Note: The Stat e of N ew York is exempt from th e B ase Rate listed above. Such rates are subject to open m arket rates quoted at tim e of actual car rental. 1 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: CC-11 SUBJECT: VEHICLE RENTAL FROM ENTERPRISE RENT-A-CAR HOLDINGS THROUGH COOPERATIVE PRICING AGREEMENT DATE: NOVEMBER 26, 2019 FROM: POLICE DEPARTMENT PRESENTATION BY: ED EVERETT, LIEUTENANT FOR FURTHER INFORMATION CONTACT: ED EVERETT (714) 754-5395 RECOMMENDATION: Staff recommends that the City Council: 1. Approve the proposed agreement #5159905 (Attachment 1) with EAN Services, LLC (Enterprise Rent-A-Car) for vehicle rentals in an annual amount of $85,000.00, utilizing the pricing provided through a cooperative agreement with the State of California Department of General Services for an initial term ending February 28, 2020, with the option to extend the agreement for a one (1) year period. 2. Authorize the City Manager and City Clerk to execute the agreement and future authorized amendments to the agreement. BACKGROUND: Law enforcement operations conducted by different units of the Costa Mesa Police Department require the use of many different makes and models of unmarked vehicles that are reliable and can be exchanged quickly and frequently. The most efficient and cost effective way to accomplish this is through an annual contract with a rental car company. The Police Department has had a long-term relationship with Enterprise Rent-A-Car Holdings. Staff in the end-user departments have expressed strong satisfaction with the services offered. The services supplied by Enterprise Rent-A-Car Holdings are for the vehicle make and/or model, and time period rented per vehicle specified according to the requirements of the Costa Mesa Police Department. 2 Over the past several years, the ability to change vehicles in a timely manner has kept a variety of investigations on track, which ultimately culminated in arrests and closure of the respective cases. The large inventory of different vehicle makes and models has been helpful in maintaining anonymity under those circumstances. ANALYSIS: The current contract through the Western States Contracting Alliance (WSCA) Master Price Agreement No. 9950 with Enterprise Rent-A-Car Holdings was amended to restrict public safety use to travel purposes only. Staff searched for additional cooperative contracts in the region available for vehicle rental services and found a contract awarded by the State of California Department of General Services to EAN Services, LLC (Enterprise Rent-A Car) that allows for public safety usage with no restrictions. Continuing with a master price or cooperative agreement meets all requirements set forth by the City of Costa Mesa’s Purchasing Policy and all the requirements set forth by the State of California in regards to regional, state, and national cooperative purchasing agreements. Consequently, staff is recommending approval of the proposed agreement for the specified services. ALTERNATIVES CONSIDERED: The City Council could direct staff to complete a formal Invitation for Bids for vehicle rental services; however, based on the competitive pricing available through the EAN Services, LLC cooperative agreement, staff does not recommend this option as it could result in problematic time delays without providing equipment or greater savings. FISCAL REVIEW: Funding for this agreement is included in the Fiscal Year 2019-2020 Police Department budget. LEGAL REVIEW: Legal has reviewed the documents and approved them as to form. CITY COUNCIL GOALS & PRIORITIES: This item supports City Council Goal 1, Keep our Community Safe. 3 CONCLUSION: Staff recommends that the City Council: 1. Approve the proposed agreement #5159905 (Attachment 1) with EAN Services, LLC (Enterprise-Rent-A-Car) for vehicle rentals in the annual amount of $85,000.00, utilizing the pricing provided through a cooperative agreement with the State of California Department of General Services, for an initial term ending February 28, 2020 with the option to extend the agreement for a one (1) year period. 2. Authorize the City Manager and City Clerk to execute the agreement and future authorized amendments to the agreement. ED EVERETT BRYAN GLASS Lieutenant Acting Chief of Police KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW Director of Finance City Attorney ATTACHMENTS: 1 Agreement #5159905