Contract for Rental Vehicles Between Florida Department of ...

Contract for Rental Vehicles Between Florida Department of Management Services and EAN Services, LLC

Contract Number: 78111808-15-1

Amendment No. 1

This Amendment No. 1 to Contract No. 78111808-15-1 (the "Contract"), executed August 27, 2015, is between the State of Florida, Department of Management Services (the "Department"), and EAN Services, LLC (the "Contractor"), collectively the "Parties." The Parties agree as follows:

1. The following language is added to Exhibit 4, Special Contract Conditions, Section 3, Payments:

3.6 Interest on Unpaid Balances

Customer agrees to pay the Contractor, or its appropriate affiliate or franchisee, as directed by the Contractor, upon demand, for all rentals and other amounts owed by Renters under a Rental Agreement for Business Use not paid by such Renter. As provided by sections 215.422 and 218.74, Florida Statutes, bills must be paid within 40 days of a state government Customer receiving an invoice, and within 45 days of a local government Customer receiving an invoice. For amounts not paid within the statutory time periods for state and local government Customers, Customer agrees to pay interest on the unpaid balance at the applicable statutory rate.

2. The following language is added to Exhibit 6, Statement of Work:

38. Rentals by Authorized Representatives.

38.1 Authorized Representatives of Eligible Users may rent vehicles for Business Use when conducting state business on behalf of an Eligible User. Prior to signing a rental agreement, Authorized Representatives must submit to the Contractor written authorization issued by an Eligible User on the Eligible User's official letterhead, stating that the Authorized Representative is authorized by the Eligible User to travel on state business and to rent a vehicle.

38.2 The Contractor shall provide Business Use insurance coverage and include the collision/loss damage waiver fee for rentals by Authorized Representatives.

3. The following language is added to Exhibit 4, Special Contract Conditions, Section 1, Definitions:

Customer ? A state government or local government Eligible User governed by section 215.422 or section 218.74, Florida Statutes, payment requirements.

4. This Amendment No. 1 and the Contract set forth the complete understanding of the Parties. All terms of the Contract not modified by this Amendment remain in full force and effect.

Amendment 1 Contract No. 78111808-15-1

Contract for Rental Vehicles

Between Florida Department of Management Services and EAN Services, LLC

Contract Number: 78111808-15-1

This Contract is between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and EAN Services, LLC (Contractor).

Contractor responded to the Department's Invitation to Negotiate (ITN) No. 02-78111808-A. The Department has accepted Contractor's response and enters into this Contract in accordance with the terms and conditions resulting from negotiations.

Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows:

I. Purpose The purpose of this State Term Contract is to make rental vehicles available to Eligible Users in performance of their core responsibilities.

II. Contract Term The initial term of the Contract will be from September 30, 2015, to September 29, 2020. Upon written mutual agreement of the parties, the Contract may be renewed for up to three years, or the term of the original Contract, whichever is longer. Renewal pricing shall be determined in accordance with the terms and conditions specified in the Special Contract Conditions, Exhibit 4.

III. Contract This document, together with the following attached exhibits, sets forth the entire understanding of the parties and supersedes all prior agreements of the parties, whether written or oral, with respect to the Contract.

All exhibits attached to this document are incorporated in their entirety into, and form part of, the Contract. The Contract has the following exhibits:

i. Exhibit 1: Price Sheet, as negotiated ii. Exhibit 2: Contract Quarterly Report Form iii. Exhibit 3: Ordering Instructions iv. Exhibit 4: Special Contract Conditions, as negotiated v. Exhibit 5: General Contract Conditions, Form PUR 1000 (10/06) vi. Exhibit 6: Statement of Work, as negotiated vii. Exhibit 7: Preferred Pricing Affidavit

Rental Vehicles Contract No.: 78111808-15-1 Department of Management Services

IV. Order of Priority The Contract sets forth the entire understanding of the parties. In the case of an ambiguity, the following documents shall have priority in the order set forth below:

i. This document ii. Special Contract Conditions (Exhibit 4) iii. General Contract Conditions, Form PUR 1000 (10/06) (Exhibit 5) iv. Statement of Work (Exhibit 6) v. Price Sheet (Exhibit 1)

V. Warranty of Authority Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party.

VI. Contract Administration The Department will name a Contract Manager during the term of this Contract who will perform the duties described in s. 287.057(14), F.S. As of the effective date of this Contract, the Contract Manager is: Contract Manager Contract Manager, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Phone: Email:

If the Department changes the Contract Manager, the Department will notify Contractor in writing. Such changes do not require a formal written amendment to the Contract.

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Rental Vehicles Contract No.: 78111808-15-1 Department of Management Services

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