HomeMy WebLinkAbout24-26 Unsigned - Confidential Agreement Resolution No. 24-26
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
EAN SERVICES, LLC FOR RENTAL SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with EAN
Services, LLC, for vehicle rental services, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 14, 2024
Adopted: February 14, 2024
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
ENTERPRISEHOLDINGS
National.
GLOBAL CORPORATE RATE AGREEMENT
EAN Services,LLC("EAN")and
City of Elgin("Company or Customer")
Effective Date: (effective date to be inserted by EAN at time of execution based on implementation timing)
Agreement Details
Brands Enterprise Rent-A-Car and National Car Rental and Enterprise Rent-A-Truck (the"Brands")
Term This Agreement is effective on the Effective Date and shall remain in effect until terminated by either party by providing
thirty days'prior written notice or as otherwise provided for in the General Terms and Conditions(the"Term").
The vehicle rental rates extended under this Agreement are set forth on the attached Schedule 1 (the"Rates")and are
available for booking Business Use rentals by employees and contractors of Company ("Eligible Renters") using the
Rates Account Number(s)provided by EAN.Subject to the General Terms and Conditions,the Rates shall be in effect for twelve
(12) months from the Effective Date and thereafter may be modified by EAN effective at each anniversary of: (a)the
Effective Date;or(b)the date of the last Rate increase.
Protection Products Schedule 2 sets forth any protection products or other optional products or services included in the Rates and the terms
and Additional Terms thereof,as well as any additional terms applicable to Company under this Agreement.
Company intends to spend at least $100,000.00 annually on Business Use rentals with the Brands during the Term
Volume Benchmark ("Volume Benchmark"),and EAN has agreed to Rates and other benefits based on that volume expectation. EAN may
renegotiate the Rates and other benefits in the event Company's time and mileage spend during any six(6)month period
during the Term does not exceed 40%of the Volume Benchmark.
EAN Status Company agrees to recommend the Brands as a preferred option to its personnel and partners.
City Manager Kellie Granado,Sales Executive
citymanager@cityofelgin.org kellie.j.granado@ehi.com
Customer Contact 847-931-5590 EAN Account 314-512-5000
City of Elgin 150 Dexter Court Manager 600 Corporate Park Drive
Elgin,IL 60120 St.Louis,MO.63105
These Agreement Details together with the attached General Terms and Conditions and the Schedule(s)attached hereto,
Agreement all of which are incorporated herein by reference,form the entire agreement between EAN and Company.Terms used
but not defined herein have the meanings given them in the General Terms and Conditions. EAN enters into this
Agreement for itself and as agent for the Renting Entities.
The undersigned hereby confirms that it is authorized to sign this Agreement on behalf of Company and bind Company to the terms of this Agreement.
EAN Company
Signature: Signature:
Name: Name: Richard G. Kozal
Title: Title: City Manager
Date: Date: February 14, 2024
A ES .
ity Clerk
1
GENERAL TERMS AND CONDITIONS
Definitions.
Agreement shall mean the Global Corporate Rate Agreement, comprised of the Eligible Renters/Rental Contracts. In order to rent, Eligible Renters must meet the
Agreement Details,the Schedules and these General Terms and Conditions.Terms normal renter qualifications of the Renting Entity and shall enter into the applicable
used but not defined in these General Terms and Conditions mean as set forth in the Rental Contract of the Renting Entity,which will govern the applicable vehicle rental.If
Agreement Details and Schedules. no rental contract is executed but an Eligible Renter or Additional Authorized Driver
operates a vehicle,such individual and Company shall be deemed to have entered into
Additional Authorized Driver shall have the meaning set forth in the applicable Rental the Renting Entity's standard rental contract at the time of the rental.Optional Products
Contract and for Business Use rentals shall also include the employer and any fellow are subject to the terms and conditions of the applicable Rental Contract and any
employee(s)of the Eligible Renter. applicable insurance policy. Company may be required to confirm the status of any
person claiming to be an Eligible Renter or Additional Authorized Driver and whether the
Affiliate means any entity that owns directly or indirectly is owned by,or is under rental was Business Use. If, Company does not confirm rental type or status, any
common control with another entity. Optional Products will be voided for such rental.Company is responsible for controlling
access to/use of Account Number(s)and booking tools.EAN cannot guarantee the type
Business Use means rentals which are paid for(including through reimbursement).in of rental vehicle,and Renting Entity determines the vehicles within each class Vehicle
whole or in part,by Company or its Affiliates. classes may be restricted by driver's age.A rental day is any 24-hour period or portion
thereof.
Franchisees means EAN's network of independently owned franchisees and licensees
operating locations under the Brands. Termination.In addition to any other termination rights in this Agreement,(i)EAN and
Company may terminate this Agreement in the event of a breach of the Agreement
Location Surcharges means geographic surcharges in addition to the Rate that vary (including nonpayment)by the other,which breach is not cured within thirty days after
depending on the originating location of rental,as set forth on one or more Schedules notice of same,and(ii)EAN may terminate this agreement in the event Company fails
and which are determined by and may be changed or modified in the sole discretion of to meet the Volume Benchmark and the parties cannot agree on a revised rate structure
EAN on written notice. reflecting same.
Rental Contract means any agreement between Company or an Eligible Renter and Payment and Company Responsibility-Business Use Rentals Unless paid at the time
Renting Entity for the rental of a vehicle. of rental by an Eligible Renter,Company shall pay and reimburse EAN for any and all
Rates, Location Surcharges or other amounts owed under a Rental Contract for a
Rates means the rates which differ by rental type.brand and location as set out in the Business Use rental (including, without limitation, for amounts arising from traffic
Schedule(s).increased in accordance with this Agreement. violations,tolls,parking fines and fees, excess amounts,vehicle damage and loss not
covered by any applicable DW.and reimbursement for third party demands,claims and
Renting Entity means the provider of the rental,which is the EAN Affiliate or Franchisee losses not covered by any applicable liability protection, induding attomey's fees,
operating the facility where the rental originates,as identified in the Rental Contract and collectively'Unpaid Business Use Charges').Amounts already paid shall be deducted
available upon request Each Renting Entity(not EAN)is a principal for purposes of this and Company shall pay and reimburse EAN for all outstanding Unpaid Business Use
Agreement. Charges within thirty days of receipt of invoice.For amounts not paid by Company within
thirty days after the date due,Company shall pay a late charge of 1.5%per month on
Rental Program and Rates.Each Renting Entity shall ensure that vehicles are made the unpaid amount not to exceed the maximum legal rate.EAN may,from time to time,
available to Eligible Renters for rental for Business Use at the Rates provided in the and upon notice to Company,offset any amounts that are owed to EAN or any Renting
Agreement when the Eligible Renter makes an advance reservation, subject to Entity by Company against amounts owed by EAN or any Renting Entity to Company.
availability.Rates apply to locations operating under the Brands in the jurisdictions set
forth in the applicable Schedule(s).To be eligible for the Rates,eligible rentals must be Insurance.The Schedules may include certain insurance that Company is required to
made through an EAN approved booking channel using the Account Number(s) maintain on all Business Use rental vehicles during the Term;provided,however,any
assigned to Company.Location Surcharges in a Schedule shall apply to all Schedules such insurance shall only apply to the extent DW and liability protection do not
unless otherwise noted.Except as expressly provided in this Agreement.Rates do not
include applicable taxes,fees,surcharges,licensing fees,refueling,drop-off.no-show, Compliance with Laws;Data;Confidentiality. EAN,Company and the Renting Entity
delivery,youthful driver,additional driver,pickup charges,one-way charges, or any shall comply with all laws(including without limitation data protection laws)applicable to
optional products.Rates may not apply in certain cities during special events,and major their respective businesses; EAN and Renting Entities may use any information
holidays,and Rates do not apply in Manhattan,NY Boroughs.and certain other NYC provided by Company,its affiliates,and Eligible Renters for its own administrative and
Tn-State Area locations from 12 01am Friday to 12:59pm Sunday. Reservations for customer service purposes and for any other purpose set forth in this Agreement.the
these rentals may require a financial guarantee and the location's standard. relevant Rental Contract,the Enterprise Holdings privacy policy and the Emerald Club
undiscounted daily rates shall apply.DW and liability protection,if included in the Rate. ((EC) Master Rental Agreement. Company shall maintain the confidentiality of the
shall not apply for rentals of exotics,high line,and premium selection vehicles(each pricing and the terms of this Agreement If renter data is transferred to EAN or Affiliates
determined by EAN).Vehicles shall not be driven across the U.S.-Canada or U.S.- by Company(such as for EC Enrollment), Company shall ensure it is transferred in
Mexico borders without Renting Entity's prior written consent. Rental rates may be accordance with applicable laws and EAN is entitled to rely on Company's instructions
available for Eligible Renters in car classes and/or jurisdictions not scheduled under the to send Eligible Renters an EC Welcome Email.
Agreement when Company's Account Number is used, and such rates shall be as
quoted at the time of reservation through the EAN designated booking channel(s)and INDIRECT AND CONSEQUENTIAL DAMAGES. EAN, RENTING ENTITY AND
exclude DW and liability protection unless the rate quote specifies otherwise.In general, COMPANY SHALL NOT BE LIABLE TO ONE ANOTHER FOR ANY LOSS OF
DW and liability protection are not included in Rates unless and to the extent set forth in REVENUE, PROFITS OR GOODWILL OR FOR ANY INDIRECT OR
the Agreement,the Rate quote or if the Eligible Renter elects to purchase one or both CONSEQUENTIAL LOSSES RESULTING FROM A BREACH OF THIS AGREEMENT
at the origin of the rental(where available). OR ANY SERVICES PROVIDED THEREUNDER.
Entire Agreement: Amendment Conflicts; Signature. This Agreement (which Assignment. Company may not assign or otherwise transfer any of its rights or
supersedes any existing business rental agreement)sets kith the entire understanding obligations under this Agreement without the prior written consent of EAN,which shall
between the parties with respect to the subject matter hereof and may only be amended not be unreasonably withheld or delayed
in a written document signed by each party.To the extent of a conflict between the terms
of the Agreement Details and a Schedule,the terms of the Schedule prevail.To the Goveminq law and venue.Except as otherwise set forth in a Schedule,this Agreement
extent of a conflict between the terms of the Agreement Details or a Schedule and these and all claims relating to it are governed by the laws of Missoun.without regard to its
General Terms and Conditions,the terms of the Agreement Details or Schedule prevail. conflict of laws rules or principles. Rental Contracts are governed by the laws of the
This Agreement may be executed in any number of counterparts and each counterpart jurisdiction in which they are executed,or for EC rentals,the laws of the country in which
is deemed an original,but all such counterparts together constitute but one and the the rental originates.Notwithstanding the foregoing,a Renting Entity or Company can
same agreement. Notices shall be delivered to the addresses set forth in the Agreement bring any claim or action arising under a Rental Contract in the jurisdiction set forth in
Details. the relevant Rental Contract.
2
Global Corporate Rate Agreement
Schedule 1
Rates and Rate Terms&Conditions
This schedule applies to rentals originating and terminating from the same location operating under the Brands in the
United States(including Puerto Rico)and Canada.
(Account Number:15A9730)
Nabu . nterprise
Car Rental rent-a-car
UNITED STATES IN USD
VEHICLE NATIONAL ENTERPRISE NATIONAL
SIPP VEHICLE CLASS BRAND BRAND BRAND
CODES DAILY RATES DAILY RATES ONE-WAY
DAILY RATES
CCAR Compact $42.00 $42.00 $79.00
ICAR Intermediate $42.00 $42.00 $79.00
SCAR Standard $43.00 $43.00 $79.00
FCAR Full Size $46.00 $46.00 $79.00
PCAR Premium $56.00 $56.00 $56.00
LCAR Luxury $70.00 $70.00 $70.00
MVAR Minivan $81.00 $81.00 $81.00
IFAR Intermediate SUV $84.00 $84.00 $84.00
SFAR Standard SUV $84.00 $84.00 $84.00
FFAR Large SUV $139.00 $139.00 $139.00
SPAR _ '/ton Standard Truck $78.00 $78.00 n/a
PPAR '/2 ton Full Size Truck $78.00 $78.00 n/a
SKAR Cargo Van $78.00 $78.00 n/a
RVAR _ 12 Passenger Van* $175.00 $175.00 n/a
FVAR 15 Passenger Van' $175.00 $175.00 _ n/a
'With respect to the Business Use rental of 12-and 15-Passenger Van vehicle classes in Connecticut,the District of Columbia,Massachusetts,New York,
and Rhode Island, Company will be required to maintain additional third party liability insurance coverage in the amount of$2,000,000. Company shall
deliver a Certificate of Insurance evidencing such coverage upon execution of this Agreement and as reasonably requested by EAN from time to time.
Notwithstanding anything to the contrary,in the event of a direct conflict between the terms of this Agreement and the terms and conditions of the rental
of such vehicles in the aforementioned states,the terms and conditions of the originating rental location shall govern the rental of such vehicles.
Location Surcharges
For rental transactions originating at locations in the areas set forth below(as determined by EAN in its sole discretion),an additional surcharge will be
assessed as provided for each day:
Surcharge National Brand Location Surcharges
Amount
$3.00 Richmond
IL (excluding Chicago); NY (unless otherwise indicated); SC (excluding Myrtle Beach); TN (excluding Nashville); WI;
$5.00 Augusta;Charlotte;Cincinnati;Cleveland;Harrisburg;Indianapolis;Kansas City;NW Arkansas Regional Airport;Phoenix;
Raleigh-Durham;Sacramento;Scranton;St.Louis
$8.00 Manchester;Salt Lake City
HI Airports; PR;TX(unless otherwise indicated);Aspen;Atlanta; Burbank;Charleston,WV;Colorado Springs;Denver;
$10.00 Eagle,CO;Hartford;Huntington,WV;Jackson,WY;John Wayne Airport;Minneapolis/St.Paul;Nashville;New Orleans;
Pittsburgh;Providence;San Diego;Southern California Regional Airports;Twin Falls;Vail
$12.00 DC Airports(IAD&DCA);Baltimore;Detroit;Monterey;Philadelphia;San Francisco East Bay;Santa Rosa;Seattle
$15.00 AK;HI Home-City;Boston;Chicago;L.A.International Airport;Midland,TX
$16.00 Oakland;San Jose
$20.00 San Francisco(including SFO,Peninsula,unless otherwise indicated)
MT; ND; Islip (ISP); Kennedy (JFK); LaGuardia (LGA); Newark (EWR); Rapid City (RAP); Westchester(HPN); NYC
$30.00 Boroughs(Bronx,Brooklyn,Manhattan,Queens,and Staten Island);NY/CT/NJ Metro(including Westchester Home-City,
Stamford,and Jersey City)
National brand locations located outside of National's top 100 airport locations may impose a surcharge of up to$6 per day in addition to the Rates and
other applicable surcharges.The National brand locations listed in the top 100 airport locations are determined by the previous year's Passenger Boarding
and All Cargo Data Report published by the Federal Aviation Administration.
3
Surcharge Enterprise Brand Location Surcharges(Airports Only)
Amount
$3.00 Richmond
IL (excluding Chicago); SC (excluding Myrtle Beach); TN (excluding Nashville); WI; Augusta; Charlotte; Cincinnati;
$5.00 Cleveland;Harrisburg;Indianapolis;Kansas City:NW Arkansas Regional Airport;Phoenix:Raleigh-Durham;Sacramento;
Scranton:St. Louis
$8.00 Manchester;Salt Lake City
HI Airports:TX(unless otherwise indicated);Aspen;Atlanta:Burbank;Colorado Springs:Denver:Hartford;Jackson,WY;
$10.00 John Wayne Airport; Minneapolis/St. Paul: Nashville: New Orleans; Pittsburgh: Providence: San Diego: Southern
California Regional Airports;Twin Falls
$12.00 DC Airports(IAD&DCA):Baltimore;Detroit: Monterey:Philadelphia:Santa Rosa
$15.00 Boston Airports;Chicago Airports;L.A.International Airport:Midland,TX
$16.00 Oakland;San Jose
$20.00 San Francisco Airport
$30.00 MT Airports: ND Airports; Islip(ISP): Kennedy(JFK); LaGuardia(LGA); Newark(EWR): Rapid City(RAP): Westchester
(HPN)
Surcharge Enterprise Brand Location Surcharges
Amount (Airport,except those noted above,and Home-City Locations)
$5.00 Islip Home-City;NY(unless otherwise indicated)
$10.00 MT Home-City;ND Home-City; NE(excluding Omaha and Lincoln);PR;SD(excluding Sioux Falls);WV;WY(excluding
Cheyenne,Laramie,and Jackson); Bemidji,MN;Elko;Las Vegas Strip
$12.00 DC Metro:L.A.Home-City and West L.A.Area Home-City;San Francisco Central Coast Home-City;San Francisco North
and East Bay Home-City;Seattle
$15.00 AK;HI Home-City;Boston Home-City;Chicago Home-City;Tahoe
$16.00 San Francisco South Bay Home-City
$17.00 NY/CT/NJ Metro(including Westchester Home-City,Stamford.and Jersey City)
$20.00 San Francisco(including Peninsula,unless otherwise indicated)Home-City
$21.00 NYC Boroughs(Bronx,Brooklyn.Manhattan.Queens,and Staten Island)
CANADA IN CAD
ALL NATIONAL AND ENTERPRISE LOCATIONS
VEHICLE DAILY AIRPORT
SIPP VEHICLE CLASS RATES ONE-WAY
CODES DAILY RATES
ECAR Economy $47.00 $79.00
CCAR Compact $47.00 $79.00
ICAR Intermediate $47.00 $79.00
SCAR Standard $49.00 $79.00
FCAR Full Size $51.00 $79.00
NATIONAL CORPORATE LOCATIONS ONLY
AND ALL ENTERPRISE LOCATIONS
VEHICLE DAILY AIRPORT
SIPP VEHICLE CLASS RATES ONE-WAY
CODES DAILY RATES
PCAR Premium $65.00 $65.00
MVAR Mini-Van $92.00 $92.00
IFAR Intermediate SUV $83.00 $83.00
SFAR Standard SUV $92.00 $92.00
FFAR Large SUV $120.00 $120.00
PPAR Y2 ton Pick Up Truck $80.00 n/a
SKAR Cargo Van $90.00 n/a
Location Surcharges
For rental transactions originating at locations in the following areas(as determined by EAN in its sole discretion),an additional surcharge will be
assessed as provided for each day:
Surcharge National Brand Location Surcharges"
Amount
$3.00 Halifax;Montreal;Saskatoon;Winnipeg
$5.00 Calgary; Charlottetown: Deer Lake; Edmonton; Fort McMurray: Fredericton; Gander; Moncton;
Mont-Joli;Saint John:Sept-Iles;St.John's;Sydney
510.00 Toronto;Vancouver
$12.00 Baie-Comeau:Cranbrook;Gaspe;Thompson;Wabush
$20.00 Happy Valli/Goose Bay
4
Surcharge Enterprise Brand Location Surcharges**
Amount
$3.00 Brandon; Dryden; Fort Francis; Halifax; Kenora; Moosejaw; Prince Albert; Saskatoon; Swift
Current;Winnipeg
$5.00 Charlottetown;Deer Lake;Fredericton;Gander;Moncton;Mont-Joli;Province of Alberta(unless
otherwise indicated);Saint John;Sept-Iles;St.John's;Sydney
$10.00 Toronto Airports and Surrounding Areas;Vancouver
$12.00 Baie-Comeau; Bonnyville; Cold Lake; Cranbrook; Fort McMurray; Fort St. John; Gaspe;
Lloydminster;Sioux Lookout;Thompson;Wabush
"Surcharges for Airport and/or Home-City Locations Only where applicable.
Rate Terms and Conditions:
Emerald Club Rates:For Emerald Club members using the Emerald Aisle in the United States or Canada,the Rate charged shall be the intermediate
car(ICAR)rate.For rentals outside of the Emerald Aisle(including Emerald Club Members renting at non-Emerald Aisle locations),the Rate charged shall
be the rate for the vehicle rented.
Weekly and Monthly Rates: For rentals by the same Eligible Renter,weekly rates are six(6)times the Daily Rate for the Vehicle Class rented,and the
monthly rate will be four(4)times the Weekly Rate for the Vehicle Class rented.
MileagelKilometers:In the United States,except for one-way rentals as may be set forth herein,Rates include free miles up to 3,500 miles per rental for
all vehicle classes except pickup trucks, cargo vans and 12-and 15-passenger vans,each of which include 150 free miles per day,750 free miles per
week,and 3,000 free miles per month,as applicable. Any additional miles will incur an additional charge of$0.25 per mile.
In Canada,except for one-way rentals as may be set forth herein,and with the exception of rentals from Franchisee locations,which may have different
kilometer charges or other restrictions,Rates include free kilometers up to 3,500 kilometers per rental for all vehicle classes except pickup trucks,cargo
vans and 12-and 15-passenger vans,each of which include 200 free kilometers per day, 1,000 free kilometers per week,and 4,000 free kilometers per
month,as applicable. Any additional kilometers will incur an additional charge of$0.25 per kilometer.
One-Way Rentals: In the United States and Puerto Rico,one-way rentals are available at all National brand locations.One-way rentals must be reserved
as such in advance of the rental or Company must arrange such one-way rentals with the applicable Affiliate during the rental period. Rates for National
brand rentals originating and terminating in different rental zones,as determined by the applicable Affiliate in its sole discretion,which may be changed
from time to time,are set forth above as One-Way Daily Rates.One-Way Daily Rates include unlimited mileage except for Premium through Large SUV
vehicle classes and for which the mileage charge shall be$0.40 per mile.In the event,the rental is terminated at a different location from the originating
location except as provided for in this paragraph,Company will incur an additional surcharge.
In Canada, one-way rentals, available at participating National Brand locations and Enterprise Brand Corporately Owned Airport Locations, must be
reserved as such in advance of the rental or must be arranged with the applicable Affiliate or licensee during the rental period.At participating airport
locations,One-Way Daily Rates include unlimited kilometers,except for Premium through Large SUV vehicle classes,for which the kilometer charge shall
be$0.40 per kilometer.At non-participating rental locations,all authorized or pre-arranged one-way rentals will be charged the Daily Rate with a kilometer
charge that will be applied to all kilometers driven during the term of the rental from the date the rental originates.In limited circumstances a drop charge
may also apply for any one-way rental,and if reserved in advance,the fee for the drop charge will be provided at that time. In the event, the rental is
terminated at a different location from the originating location and such one-way was not authorized or pre-arranged as set forth in this paragraph,Company
will incur an additional surcharge.
Vehicle Classes: This Agreement shall apply to all rentals hereunder;provided,however,that DW and third party liability, if included in the Rate,shall
not apply for vehicle classes not listed herein or for rentals of exotics and high line vehicles, including,without limitation,vehicles available through the
Exotic Car Collection by Enterprise and the National Premium Selection, the makes and models of which may be changed from time to time by the
applicable Renting Entity in its sole discretion;and provided,further,that any third party liability insurance prescribed by the applicable Canadian province
shall apply.For vehicle classes not listed herein,all National brand locations will apply up to a 15%discount off of the then-current rates the Renting Entity
charges its business customers,which rate varies from time to time,differs by Renting Entity location,and is provided at the time the reservation is made,
and rates for all Enterprise brand locations will be determined by the applicable Renting Entity in its sole determination.
Surcharge: $5.00 surcharge will be added to the Rate when the rental commences at a National or Enterprise brand location on a Monday,Tuesday,
Wednesday,or Thursday and is returned within twenty-five(25)hours or less.
Direct Billing: If EAN and Company have agreed to a direct billing arrangement,Company will ensure the direct billing code provided by EAN is only
accessible by Eligible Renters and is not available to or accessible by the general public. In the event EAN identifies irregular or suspicious rental activity,
Company shall cooperate with EAN to investigate such activity. If EAN determines in its sole and absolute discretion that such activity is attributable to
non-Eligible Renters,then EAN shall have the right(but not any obligation)to take such actions as may be necessary or appropriate to control the activity,
including but not limited to suspending this Agreement,and/or cancelling and re-issuing Account Numbers and other direct billing code(s).Except to the
extent of fault on the part of EAN,Company shall be responsible for all amounts owed pursuant to,arising out of,or in connection with a rental by any
non-Eligible Renter (including, without limitation, amounts arising from traffic violations, tolls, parking fines and fees, vehicle damage and loss, and
reimbursement for third party demands,claims and losses,including attomeys'fees)and shall promptly pay EAN all such amounts upon demand.
5
Enterprise Truck Rental
The below Enterprise Truck Rental rates,terms and conditions,together with the other terms and conditions of the Agreement,
shall apply to rentals at Enterprise Truck Rental brand locations in the jurisdiction(s)noted below.
- i
''nterprise
truck rent
RATES(UNITED STATES AND PUERTO RICO)IN USD
SIPP DAILY WEEKLY MONTHLY MILEAGE DAILY WEEKLY MONTHLY
CODE VEHICLE CLASS RATES RATES RATES CHARGES MILEAGE MILEAGE MILEAGE
INCLUDED INCLUDED INCLUDED
DBOX 16'Box $93.50 S468.00 $2,028.00 $0.18 0 0 0
EBOX 20'Box S93.50 S468.00 $2,028.00 S0.18 0 0 0
FBOX 24'Box $104.50 S523.00 $2,266.00 $0.18 0 0 0
GBOX 26'Box $104.50 $523.00 $2,266.00 $0.18 0 0 0
} OPAR '/<ton P/up 2wd $88.00 $440.00 $1,907.00 $0.25 150 750 3,000
I- OQAR '/<ton P/up 4wd $88.00 $440.00 $1,907.00 $0.25 150 750 3,000
O OQBD %ton Diesel P/up 4wd $93.50 $468.00 $2,028.00 $0.25 150 750 3,000
= UPAR 1 ton P/up 2wd $99.00 $495.00 $2,145.00 $0.25 150 750 3,000
0 UQAR 1 ton P/up 4wd $99.00 $495.00 $2,145.00 $0.25 150 750 3,000
J UQBD 1 ton Diesel P/up 4wd $104.50 $523.00 $2,266.00 $0.25 150 750 3,000
BCUT 12'Cutaway $85.80 $429.00 $1,859.00 $0.18 0 0 0
DCUG 15'Cutaway with Gate $97.90 $490.00 $2,123.00 S0.18 0 0 0
DCUT 14-15'Cutaway S91.30 $457.00 $1,980.00 $0.18 0 0 0
BSTK 12'-14'Stakebed $104.50 $523.00 $2,266.00 $0.18 0 0 0
CSTK Stake Class 4/5 Cony $104.50 $523.00 $2.266.00 $0.18 0 0 0
DSTK 15-16'Stakebed $104.50 $523.00 $2,266.00 $0.18 0 0 0
FSTK 24'Stakebed $115.50 $578.00 $2,504.00 $0.18 0 0 0
GSTK 26'Stakebed $115.50 $578.00 $2,504.00 $0.18 0 0 0
SKAR Cargo Van $79.00 $474.00 $1,896.00 $0.25 150 750 3,000
F RKAR HD Cargo Van $79.00 $474.00 $1,896.00 $0.25 150 750 3,000
GKAR HD XL Cargo Van $79.00 $474.00 $1,896.00 $0.25 150 750 3,000
o UKAR High-top Cargo $79.00 $474.00 $1,896.00 $0.25 150 750 3,000
= JKAR Mini Cargo Van $79.00 $474.00 $1,896.00 $0.25 150 750 3,000
SPAR 1/2 ton P/up Standard $79.00 $474.00 $1,896.00 $0.25 150 750 3,000
PPAR 1/2 ton P/up Full Size $79.00 $474.00 $1,896.00 $0.25 150 750 3,000
Surcharge Amount Locations
$10.00 PR
$12.00 San Francisco Central Coast;San Francisco North and East Bay
$14.00 NY(unless otherwise indicated); NY/CT/NJ Metro including Westchester,Islip,Stamford&Jersey City
$15.00 AK; HI
$16.00 San Francisco South Bay
$18.00 _ NYC Boroughs(Bronx,Brooklyn,Manhattan,Queens&Staten Island)
$20.00 San Francisco including Peninsula(unless otherwise indicated)
6
Rate Terms and Conditions applicable to Truck rentals(all jurisdictions):
Mileage:Rates include free miles only as set forth above.Any additional miles will be charged at the rate set forth above.
Operation,Inspection and Maintenance: Company is required to perform a daily inspection of each vehicle rented hereunder,including(a)inspecting
the vehicle to identify any damage or potential safety concern,(b)inspecting headlights. running lights.brake lights and turn signals and ensuring proper
operation,(c)checking and maintaining all fluid levels,including the hub oil level if applicable(d)checking tires to ensure proper tread depth and tire wear
and(e)checking tire pressure and maintaining tire pressure per the manufacturer's recommendations.Company agrees that tire failure due to incorrect
pressure or damage caused by the Additional Authorized Driver(s)of the vehicle will be the responsibility of Company.Company will not operate or permit
the operation of any vehicle if there is any concern regarding the safe operation of such vehicle or maintenance issues.
Company agrees to make each vehicle rented hereunder available for the purposes of inspection and/or maintenance of such vehicle once every thirty
(30) days or earlier if maintenance is required upon not less than three(3)business days'prior notice from EAN. In the event Company does not make
the vehicle available pursuant to the foregoing provision, Company shall be responsible for the costs of all such maintenance as well as any related
damage arising from Company's delay in making the vehicle available. In the event access to a vehicle is needed prior to the three(3)day notification
period,such as for manufacturer recalls.Company shall make the applicable vehicle available to EAN immediately.
Company agrees to provide EAN with mileage updates on each vehicle rented hereunder at a minimum every thirty(30)days and periodically when EAN
requests mileage updates verbally or in writing.
Company shall meet all applicable weight class requirements for the vehicles and shall cease operation of a vehicle if(a)difficulties are encountered with
the operation or performance with the vehicle;or(b)EAN notifies Company that the vehicle is the subject of a manufacturer recall or is otherwise due for
service. If a vehicle rented hereunder is not safely drivable,Company shall have the vehicle towed to a location designated by EAN.Company agrees to
immediately notify EAN of any and all breakdowns and/or maintenance needs relating to any vehicles rented hereunder. Failure to provide such notification
may result in repair costs that will be the responsibility of Company
In the event a vehicle's ABS light is illuminated,the hub oil.if applicable. must be immediately checked. In order to obtain an accurate reading of the hub
oil level,the vehicle must be on level ground with the wheels pointed straight. If,at any time, including during a daily inspection,it is determined that the
hub oil is below the minimum level as indicated on the hubcap window or there appears to be a leak,the vehicle may not be driven,and Company must
have it towed to a repair shop designated by EAN.
Company agrees to avoid excessive use of the liftgate while the vehicle is not running and to avoid leaving the dome or box light illuminated for extended
periods. If a vehicle's battery dies or needs to be replaced due to any of the foregoing conditions,the repair expense and any related charges shall be the
responsibility of Company.
Renter Qualifications: In addition to the other rental qualifications in the Agreement and any Rental Contract. Eligible Renters must be 25 or older in
order to rent any vehicles not considered"Light Duty"by EAN.
7
Global Corporate Rate Agreement
Schedule 2
Protection Products and Additional Terms
DRIVER PROTECTION PRODUCTS:
Damage Waiver(DW):Not included in Rates
Liability Protection: Not included in Rates
For rentals originating and terminating in the United States and Puerto Rico. the company shall maintain throughout the term of this Agreement, at its
expense. Physical Damage Insurance (Collision & Comprehensive: Actual cash value of the applicable vehicle)and Commercial Automobile Liability
Insurance with limits of at least S1.000,000 combined single limit covering all vehicles rented for Business Use pursuant to this Agreement: provided that
such coverage shall only apply to the extent any DW or liability protection is not applicable.Company agrees that each required policy of insurance will by
appropriate endorsement or otherwise name Enterprise Holdings,Inc.,its subsidiary and affiliated companies,limited liability companies and Franchisees
as loss payees under the Physical Damage Insurance and as additional insureds under the liability insurance,as their respective interests may appear.
For rentals originating and terminating in Canada,each applicable Affiliate has arranged for motor vehicle liability insurance with an authorized insurer,to
provide coverage in accordance with the standard automobile insurance policy, to at least the minimum limits for third party liability prescribed by the
applicable province, territory, or other jurisdiction. To the extent required by law, the insurance may also provide for limited Accident Benefits and
Uninsured/Unidentified Motorist Coverage. Company (for Business Use rentals)shall maintain throughout the term of this Agreement. at its expense,
Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection/Accident Benefits where
required by law)covering all vehicles rented for Business Use pursuant to this Agreement,with limits of at least$1,000.000 combined single limit.Provincial
or other laws determine minimum limits and priority of coverage for motor vehicle liability insurance.See terms and conditions of applicable Rental Contract.
DRIVER PROTECTION PRODUCTS FOR COMMERCIAL TRUCK:
Damage Waiver(DW):Not included in Rates
Liability Protection: Not included in Rates
Additional Terms:
Bulk Rental Transactions:Requests for multiple or bulk rentals will be considered by EAN on a case-by-case basis and may be subject to cancellations,
additional fees and/or surcharges.Your account representative must be contacted in advance of these bookings.
Waive Youthful Driver Surcharge: EAN agrees to waive the youthful driver surcharge for Eligible Renters who are twenty-one(21)to twenty-four(24)
years old renting for Business Use pursuant to this Agreement.
8