County of Orange
Sheriff-Coroner
TBD
Car Rental Services
File Folder: 2748706
Contract MA-060-25010600
For
Car Rental Services
Between
Sheriff-Coroner
And
Enterprise Rent A Car Company of Los Angeles, LLC
County of Orange
Sheriff-Coroner
TBD
Car Rental Services
File Folder: 2748706
CONTRACT
MA-060-25010600
BETWEEN
COUNTY OF ORANGE
AND
Enterprise Rent A Car Company of Los Angeles, LLC
FOR
Car Rental Services
This Contract MA-060-25010600 for Car Rental Services (Contract) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (“County”), and Enterprise Rent A Car Company of Los Angeles, LLC (Contractor), with County and Contractor sometimes referred to as Party or collectively as Parties.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Payment and Compensation
Attachment C – Certification Regarding Anti-Lobbying
Exhibit A – Claims for Money or Damages Against the County of Orange
RECITALS
WHEREAS, Contractor and County are entering into this Contract for Car Rental Services under a firm fixed fee Contract; and,
WHEREAS, County solicited Contract for Car Rental Services as set forth herein, and Contractor represented that it is qualified to provide Car Rental Services to the County as further set forth here; and,
WHEREAS, Contractor agrees to provide Car Rental Services to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment and Compensation, attached hereto as Attachment B; and,
NOW, THEREFORE, the Parties mutually agree as follows:
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
ARTICLES
GENERAL TERMS AND CONDITIONS
1. Governing Law and Venue:
This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.
2. Entire Contract:
This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of s oftware, shall not be valid or binding on County unless accepted in writing by County’s Purchasing Agent or designee.
3. Amendments:
No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.
4. Taxes:
Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Contractor.
5. Delivery:
Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, sampl es or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
6. Acceptance Payment:
Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.
7. Warranty:
Contractor expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in the Insurance and Indemnification section, and as more fully described in the Insurance and Indemnific ation section harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non -compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
8. Patent/Copyright Materials/Proprietary Infringement:
Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in the Insurance and Indemnification section, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
9. Assignment:
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.
10. Non-Discrimination:
In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the r ace, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pur suant to Section 1741 of the California Labor Code.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
11. Termination:
In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by County of its right to terminate Contract shall relieve County of all further obligation.
12. Consent to Breach Not Waiver:
No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13. Independent Contractor:
Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contracto r shall qualify for workers’ compensation or other fringe benefits of any kind through County.
14. Performance Warranty:
Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction . Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other commodities/services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, e quipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permit ted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
15. Changes:
Contractor shall make no changes in the work or perform any additional work without County’s specific written approval.
16. Change of Ownership/Name, Litigation Status, Conflicts with County Interests:
Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.
Notwithstanding other notice or termination provisions contained herein, County reserves the right to immediately terminate this Contract, as of the date on which the County provides written determination of termination of this Contract under this provisio n anytime upon or after assignment, in the event that the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
provision of services or commodities under this Contract. In the event of an immediate termination under this provision, the Contractor shall promptly refund the County an amount equal to the pro rata portion of any charges the County paid in advance for a ny remaining portion of the Contract after the date of termination. Likewise, the County shall not be liable for payment for any remaining services not yet provided and accepted by the County under this Contract after the date of termination for any payments to be made in arrears pursuant to the terms of the Contract.
17. Force Majeure:
Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
18. Confidentiality:
Contractor agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information concerning any and all persons referred to the Contractor by the County shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
19. Compliance with Laws:
Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such co mpliance, and pursuant to the requirements of the Insurance and Indemnification section, Contractor agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
Contractor shall remain in compliance and in good standing, maintaining current and active business entity and/or nonprofit registration status, with all applicable federal, state and local registration requirements at the time of execution of the contract through the duration of the term of the Contract, and shall provide annual confirmation of current and active status to County through the term of the Contract.
20. Freight:
Prior to County’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
21. Severability:
If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
22. Attorney Fees:
In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.
23. Interpretation:
This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of th eir own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has draf ted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.
24. Employee Eligibility Verification:
Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, b ut not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
25. Audits/Inspections:
Contractor agrees to permit County’s Auditor -Controller or the Auditor -Controller’s authorized representative (including auditors from a private auditing firm hired by County) access during normal working hours to all books, accounts, records, reports, fil es, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. County will provide reasonable notice of such an audit or inspection.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
County reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to County to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to County’s project manager.
26. Contingency of Funds:
Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modif y this Contract without penalty.
27. Expenditure Limit:
Contractor shall notify County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.
INDEMNIFICATION AND INSURANCE PROVISIONS
1. Indemnification
Contractor agrees to indemnify, defend with counsel approved in writing by County (which shall not be unreasonably withheld), and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liabili ty of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the provisions of services, products or other performance either negligently or willfully provided by C ontractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment.
Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any insurance requirements of obligations created elsewhere in this Contract.
2. General Insurance Requirements
Prior to the provision of services under this Contract, the Contractor agrees to carry all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contrac t have been complied with. Contractor agrees to keep such County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set f orth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insur ance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time.
All self-insured retentions (SIR)’s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County’s Risk Manager, or designee. The County reserves the right to req uire current audited financial reports from Contractor. If Contractor is self-insured, Contractor will indemnify the County for any and all claims resulting or arising from Contractor’s services in accordance with the indemnity provision stated in this contract.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M.
Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below.
Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage.
All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment.
Contractor shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non -payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.
Insurance certificates should be forwarded to the agency/department address listed on the solicitation.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
3. Commercial General Liability
Minimum limits and coverage
$1,000,000 per occurrence; $2,000,000 aggregate
Required Coverage Forms
The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
A. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract.
B. A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing.
The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).
4. Automobile Liability including coverage for owned, non-owned and hired vehicles Minimum limits and coverage
$1,000,000 combined Single Limit
Required Coverage Forms
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.
5. Workers Compensation
Minimum limits and coverage
Statutory
Required Endorsements
The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents, and employees or provide blanket coverage, which will state As Required by Written Contract.
6. Employers Liability Insurance
Minimum limits and coverage
$1,000,000 per accident or disease
ADDITIONAL TERMS AND CONDITIONS
1. Scope of Contract:
This Contract specifies contractual terms and conditions by which County will procure Car Rental Services Items from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract:
This Contract shall commence upon execution of all necessary signatures and continue for three (3) calendar years from that date, unless otherwise terminated by County. This Contract may be renewed as set forth in the Article titled "Renewal" below.
3. Renewal:
This Contract may be renewed by mutual written agreement of both Parties for two (2) additional one (1) year terms. The County does not have to give reason if it elects not to renew. Renewal periods may be subject to approval by the County of Orange Board of Supervisors.
4. Adjustments – Scope of Work:
No adjustments made to the Scope of Work will be authorized without prior written approval of County assigned Deputy Purchasing Agent.
5. Bills and Liens:
Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly pr ocure its release and, in accordance with the requirements of County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
the Indemnification and Insurance section, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
6. Breach of Contract:
The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to the General Terms and Conditions section, Termination paragraph herein;
b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to the above.
7. Civil Rights:
Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as ame nded; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
8. Conflict of Interest – Contractor’s Personnel:
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of County. This obligation shall apply to Contractor, Contractor’s officers, directors, employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of County.
Contractor shall notify County, in writing, of any potential or actual conflicts of interest between Contractor and County that may arise prior to, or during the period of, Contract performance, including, but not limited to, whether any known County public officer’s child is an officer or director of, or has an ownership interest of ten (10) percent or more in, Contractor. While Contractor will be required to provide this information without prompting from County any time there is a change regarding confl ict of interest, Contractor must also provide an update to County upon request by County.
9. Conflict of Interest – County Personnel:
County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any County employee for any purpose.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
10. Contractor’s Project Manager and Key Personnel:
Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by County and shall not be changed without the written consent of County ’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project time lines. County’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to County under this Contract. County’s Project manager shall notify Contractor in writing of such action.
Contractor shall accomplish the removal within five (5) business days after written notice by County’s Project Manager. County’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.
11. Contractor’s Expense:
The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center.
12. Contractor Personnel – Uniform/Badges/Identification:
Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to accept the kind of responsibility under this Contract. All Contractor’s employees shall be required to wear uniforms, badges, or other means of identification which are to be furnished by Contractor and must be work at all times while working on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven (7) days of notificat ion of award of Contract of the uniform and/or badges and/or other identification to be worn by employees prior to beginning work and notified in writing seven (7) days prior to any changes in this procedure.
13. Contractor’s Records:
Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from County. Storage of records in another county will require written approval from County of Orange assigned Deputy Purchasing Agent.
14. Conditions Affecting Work:
Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to County. County assumes no responsibility for any understanding or representations concerning the nature, location(s) or gene ral conditions made by County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by County are expressly stated in Contract.
15. Cooperative Contract:
This Contract is a cooperative contract and may be utilized by all County of Orange departments.
The provisions and pricing of this Contract may be extended, at the option of Contractor, to any Municipal, County, Public Utility, Hospital, Educational Institution, or any other non -profit or governmental organization (the “Cooperative Program”). Parties in a Cooperative Program wishing to use this Contract will be responsible for issuing their own purchase documents / price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any agreement entered into with another agency or entity that is entered into pursuant to the provisions and pricing of this Contract a clause that binds the parties to the agreement to “indemnify, defend with counsel approved in writing by the County of Orange , California (“County”), and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any cla ims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided” under the agreement.. Failure to so include this clause voids the Contract’s extension to a Cooperative Program and will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The County of Orange makes no guarantee of usage by other users of this Contract.
The County has partnered with Pavilion, a third-party administrator, responsible for managing all reporting and payments under this Cooperative Program. The Contractor shall provide quarterly Volume Sales Reports about additional sales to other entities un der the provisions and pricing of this Contract. The Reports shall include the ordering agency, detail of items sold including description, quantity, and price, and shall include all transactions pertaining to sales under the Contract provisions and pricin g for that Reporting Period. Contractor shall provide the Volume Sales Reports regardless of whether or not any sales have been conducted. Failure of the Contractor to provide quarterly reports as required may be deemed by the County as a material breach of the Contract. A late penalty of 15 percent on the value of the rebate may be assessed to the Contractor for each month the payments are not received.
Subordinate contracts must be executed prior to the expiration or earlier termination of this Contract and may survive the expiration of this Contract. This Cooperative Contract provision shall survive expiration or termination of this Contract.
16. Data – Title To:
All materials, documents, data or information obtained from County data files or any County medium furnished to Contractor in the performance of this Contract will at all times remain the property of County.
Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of County. All materials, documents, data or information, including copies, must be returned to County at the end of this Contract.
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17. Default – Re-Procurement Costs:
In case of Contract breach by Contractor, resulting in termination by County, County may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contra ctor will be responsible for paying County the difference between Contract cost and the price paid, and County may deduct this cost from any unpaid balance due Contractor. The price paid by County shall be the prevailing market price at the time such purchase is made.
This is in addition to any other remedies available under this Contract and under law.
18. Disputes – Contract:
The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project M anager and the County‘s Project Manager, as specified in Article titled “Notices" below, such matter shall be brought to the attention of the County DPA by way of the following process:
a. The Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes County is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by County Deputy Purchasing Agent or his designee. If County fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions.
Nothing in this section shall be construed as affecting County’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.
19. Drug-Free Workplace:
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
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, as required by Government Code Section 8355(a)(1).
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b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The organization's policy of maintaining a drug-free workplace iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company's drug-free policy statement; and ii. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future County contracts if County determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.
20. EDD Independent Contractor Reporting Requirements:
Effective January 1, 2001, County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom County pays $600 or more or with whom County enters into a contract for $600 or more within a single calendar year.
The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.
The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent Contractors. An independent Contractor is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.”
The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.
Additional information on this reporting requirement can be found at the California Employment Development Department website located at http://www.edd.ca.gov/Employer_Services.htm County of Orange
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21. Emergency/Declared Disaster Requirements:
In the event of an emergency or if Orange County is declared a disaster area by County, state or federal government, Contract may be subjected to unusual usage. Contractor shall service County during such an emergency or declared disaster under the same te rms and conditions that apply during non - emergency/disaster conditions. The pricing quoted by Contractor shall apply to serving County’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not b e permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
22. Error and Omissions:
All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the Co unty. Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction.
23. Equal Employment Opportunity:
Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future.
Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor ag rees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provi sions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
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Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
24. Headings:
The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
25. News/Information Release:
Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from County through County’s Project Manager.
26. Notices:
Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the Parties’ Project Managers’ routine exchange of information and c ooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Enterprise Rent A Car Company of Los Angeles, LLC Attn: Jason Holcomb
Address: 333 City Blvd. West, Suite 1111
Orange, CA 92868
Phone: 626-825-9632
Email: [email protected]
County: Sheriff-Coroner
Attn: Olivia Prudencio
Address: 320 N. Flower Street
Santa Ana, CA 92703
Phone: (714) 834-6687
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Email: [email protected]
Assigned DPA: County of Orange;
Attn: Olivia Prudencio, County DPA
Address: 320 N. Flower Street
Santa Ana, CA 92703
Phone: (714) 834-6687
Email: [email protected]
27. Precedence:
Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
28. Subcontracting:
No performance of this Contract or any portion thereof may be subcontracted or otherwise delegated by Contractor, in whole or in part, without first obtaining the prior express written consent of County. Any attempt by Contractor to subcontract or delegate any performance of this Contract without the prior express written consent of County shall be invalid and shall constitute a material breach of this Contract, and any attempted assignment or delegation in derogation of this paragraph shall be void.
In the event that Contractor is authorized by County to subcontract, this Contract shall take precedence over the terms of the agreement between Contractor and subcontractor, and any agreement between Contractor and a subcontractor shall incorporate by ref erence the terms of this Contract. Contractor shall remain responsible for the performance of this Contract and indemnification of County notwithstanding the County’s consent to Contractor’s request for approval of a subcontractor. Under no circumstances s hall County be required to directly monitor the performance of any subcontractor. All work performed by a subcontractor must be monitored by Contractor and must meet the approval of the County of Orange pursuant to the terms of this Contract .
29. Termination – Orderly:
After receipt of a termination notice from County of Orange, Contractor may submit to County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by County upon written request of Contractor. Upon termination County agrees to pay Contractor for all services performed prior to termination which meet the requirements of Contract, provided, however, that suc h compensation combined with previously paid compensation shall not exceed the total compensation set forth in Contract. Upon termination or other expiration of this Contract, each party shall promptly return to County of Orange
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the other party all papers, materials, and other properties of the other held by each for purposes of performance of Contract.
30. Usage:
No guarantee is given by County to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity requested.
31. Usage Reports:
Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.
32. Project Manager, County:
The County shall appoint a Project Manager to act as liaison between the County and the Contractor during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Contractor.
The County’s Project Manager shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel. The County’s Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Contractor’s Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract.
33. Permits and Licenses
Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by County in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by County as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
34. Delivery Location - No Loading Dock
Delivery locations may not have loading docks. Contractor is required to make all necessary arrangement for lift trucks or other means necessary to complete delivery. Inside Delivery to secured facilities may be required.
35. Inventory
County has an ongoing requirement for the commodities indicated in this Contract. Contractor shall maintain a reasonable stock on hand of all commodities for delivery upon request.
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36. Order Dates
Orders may be placed during the term of Contract even if delivery may not be made until after the term of Contract. Order dates take precedence over delivery dates. Contract must clearly identify the order date on all invoices to County.
37. Federal Grant Funds:
The following shall apply to purchases made through the expenditure of Federal Grant Funds by the Orange County Sheriff’s Department:
a. Clean Air Act (42 U.S.C. 7401 -7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended — If this Agreement is in excess of $150,000, Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -1387).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
b. Energy Policy and Conservation Act Provision: Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
c. Certifications: Federal Grant Funds: Contractor is informed and understands that this Contract is being partially funded by Federal Grant Funds. Contractor agrees to the following in relation to executing this Contract.
i. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Contract.
ii. Contractor will comply, with all requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR Part 3), as applicable
iii. Contractor will comply, with all requirements of Sections 103 and 107 of the Contractor Work and Safety Standards Act (40 U.S.C 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.”
(A) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.4, the Contractor shall agree as follows:
(1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, County of Orange
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sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) Contractor will not discharge, or in any other manner discriminate against, any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge , in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(4) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(6) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of Contractor's noncompliance with the nondiscrimination clauses of this County of Orange
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contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into su ch litigation to protect the interests of the United States.
(B) Davis-Bacon Act, as amended (40 U.S.C. 3141 -3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) that Contractor shall comply with as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor is required to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
(C) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non - Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S .C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supp lies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
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(D) Rights to Inventions Made Under a Contract or Agreement. If this Agreement involves a Federal award meeting the definition of “funding agreement” under 37 CFR §401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions M ade by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(E) Federal Grant recipients, subrecipients, contractors and subcontractors shall comply with 2 C.F.R. §200.323, Procurement of recovered materials.
(F) Contracts for more than the federal Simplified Acquisition Threshold (SAT), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(G) All contracts in excess of the federal Micro-Purchase Threshold (MPT) must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement.
(H) Federal Grant recipients, subrecipients, contractors and subcontractors shall comply with the provision at Federal Acquisition Regulation (FAR) to implement the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA) (Pub. L. No. 115-232 [2018]) Section 889 (b)(1) – Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment.
(I) Contractor shall comply with applicable provisions of Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards of the Code of Federal Regulations,
https://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=2fb42dbbec4797fa42d02832e3f524f 8&mc=true&n=pt2.1.200&r=PART&ty=HTML%20-%20ap2.1.200_1521.ii.
38. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689). A contract award must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
39. Byrd Anti-Lobbying Amendment:
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Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—If this Agreement exceeds $100,000, Contractor must file with the County, the certification required by 31 U.S.C. 1352. Each tier certifies to the tier above that Contractor will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractor must also disclose to the County any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Contractor must execute the certification, as provided in Attachment C.
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ATTACHMENT A - SCOPE OF WORK
1. Car Rental Services
Contractor shall provide the following car rental services to County as follows:
1.01 Contractor shall maintain the confidentiality of its records pursuant to all statutory laws relating to privacy and confidentiality as now in existence or as hereafter amended or charges. All records and information concerning all persons referred to the Contractor by the County shall be considered confidential and kept confidential by the Contractor and the Contractor’s staff, agents, and employees.
1.02 Contractor shall provide a minimum of 10 mid full-size cars; minimum of 7 minivans, minimum of 10 Sports Utility Vehicles/Crossovers, and minimum of 5 (extended full cab) trucks for each authorized detail/department requesting vehicles, as more specifically identified in Attachment B, “Compensation and Pricing Provision”.
1.03 All Contractor’s vehicles must be of newer model (year 2023 or newer) with low mileage (5,000 miles or less), 6-8 cylinder engines (or 4 cylinder fuel injected engines upon prior approval by the County’s requesting detail/department of the makes and models ), front and back air conditioning, power windows, power door locks and AM/FM radio with tinted windows all around.
1.04 Contractor’s fleet must have sufficient vehicles such that if any vehicle rented under this contract becomes disabled it may be immediately replaced with a similar vehicle that meets the specifications defined above. Contractor shall have a location within a 5-mile radius of the Santa Ana Civic Center to meet the County’s emergency needs for replacement of vehicles.
1.05 Contractor’s fleet must have sufficient vehicles to allow for immediate and unlimited exchange of vehicles as requested by County. The County shall be able to exchange each vehicle rented under this contract for a similar vehicle that meets the specifications defined above for minimum of three (3) times per month (excluding exchanges made for mechanical/body damage and/or problems). Once a vehicle reaches 20,000 driven miles by the County it shall be exchanged.
1.06 Rental rates shall include all scheduled and unscheduled maintenance and repairs including but not limited to brakes repair/replacements and tire replacements.
1.07 Contractor shall provide emergency roadside assistance for disabled vehicles. This shall include vendor delivered replacement vehicles (or allow driver to respond to nearest rental location for a replacement vehicle) to location of disabled vehicle within a one (1) hour period if the vehicle becomes disabled during normal working hours defined as Monday through Friday 8:00 a.m. to 5:00 p.m. or within one (1) hour of the start of business the next business day in the event the vehicle becomes disabled when the business is closed.
1.08 Contractor’s vehicles shall be in good mechanical and body condition, including but not limited to all side/rear mirrors affixed, doors and windows working, radio/cigarette lighter working and dashboard gauges operational.
1.09 Each vehicle provided by Contractor shall include a tire jack or equivalent repair tool that is in good working order and spare tires in good condition.
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1.10 All Contractor’s vehicles shall meet California Motor Vehicle and Cal -OSHA regulations and all other applicable codes required for use on highways in the State of California.
1.11 Contractor shall offer unlimited free mileage for all vehicle rentals under this contract.
1.12 This Contract provides the County, its departments and the Cooperative Program access to other mobility lines offered by Contractor including, but not limited to, fleet management, carshare, and commute, subject to the parties being able to agree to all rates and terms of the requested good or service.
2. AVAILABILITY OF VEHICLES:
Contractor shall guarantee availability of vehicles under this contract. Failure to provide the exact items requested within four (4) days of initial request is grounds for termination of the Contract pursuant to the General Terms and Conditions of this Contract, Paragraph 11.
3. DAMAGE TO VEHICLES
The County shall be responsible for all damages to Contractor’s vehicle and any other liability directly caused by a County employee while in possession of the vehicle under this Contract.
Contractor shall be responsible for all incidental damages to vehicles while in County’s possession under this Contract up to $1,000. Incidental damages shall include, but are not limited to, scratches on the vehicles, broken windshields and minor dents n ot directly caused by a County employee.
Contractor shall be responsible for all damages to the vehicle directly caused by a third-party and shall be responsible for seeking reimbursement from the third -party or his/her insurer for those vehicle damages. As permitted by law, County shall obtain and remit to Contractor one or more of the following sets of documents to enable Contractor to seek reimbursement from the responsible third -party: (1) police report; (2) third -party drivers license along with insurance information (if available); or (3) vehicle make/model along with the vehicle license plate number and state of issuance.
Contractor may seek reimbursement from County for damages as specified above by filing a “Claim for Money or Damages” (see Exhibit A, Claim for Money or Damages Against The County of Orange) with the Orange County Clerk of the Board of Supervisors.
Contractor shall provide the following vehicle make and model or similar:
SEDANS
Item No. Make Model
1 Buick Regal
2 Chevrolet Camero
3 Ford Mustang
4 Honda Civic (hybrid)
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
5 Honda CR-V
6 Honda Pilot
7 Hyundai Sonata
8 Kia Optima
9 Mitsubishi Galant
10 Nissan Altima
11 Nissan Maxima
12 Nissan Versa
13 Toyota Camry
14 Toyota Prius (hybrid)
15 Toyota Venza
SPORT UTILITY VEHICLE/CROSSOVER
16 Buick Enclave
17 Dodge Durango
18 Chevrolet Equinox
19 Chevrolet Chevrolet Suburban
20 Chevrolet Chevrolet Tahoe
21 Chevrolet Chevrolet Traverse
22 Ford Ford Edge
23 Ford Ford Escape
24 Ford Ford Expedition
25 Ford Ford Explorer
26 GMC Acadia
27 GMC Terrain
28 GMC Yukon
29 GMC Yukon XL
30 Hyundai Palisade
31 Hyundai Santa Fe
32 Hyundai Tucson
33 Jeep Compass
34 Jeep Grand Cherokee
35 Jeep Patriot
36 Jeep Renegade
37 Jeep Wagoneer
38 Kia Sorento
39 Kia Sportage
40 Kia Telluride
41 Mazda CX-5
42 Nissan Armada
43 Nissan Murano
44 Nissan Pathfinder
45 Nissan Rogue
46 Toyota 4-Runner
47 Toyota Highlander
48 Toyota Rav-4
49 Toyota Sequoia
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
MINIVANS
50 Chrysler Pacifica
51 Chrysler Voyager
52 Ford Transit
53 Honda Odyssey
54 Kia Carnival
55 Ram Cargo Van
56 Toyota Sienna
TRUCKS
57 Chevrolet Colorado
58 Chevrolet Silverado
59 Dodge Ram 1500
60 Ford F-150, 4 Door
61 GMC Canyon
62 GMC Sierra
63 Nissan Frontier (Crew Cab)
64 Nissan Titan
65 Toyota Tacoma
66 Toyota Tundra
Rental shall be on a month-to-month basis.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
ATTACHMENT B - PAYMENT AND COMPENSATION
1. Compensation:
This is a firm fixed fee Contract between County and Contractor for Car Rental Services as set forth in Attachment A, “Scope of Work”.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountere d in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. County shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles "Changes" and "Amendments" of County Contract Terms and Conditions, which may require approval by the County Board of Supervisors.
2. Fees and Charges:
A. County will pay the fees and charges in accordance with the provisions of this Contract. Payment shall be as follows:
Contractor shall provide the following vehicle make and model or similar:
SEDANS Monthly Rate
Item No. Make Model
1 Buick Regal $1,146.80
2 Chevrolet Camero $1,328.14
3 Ford Mustang $1,328.14
4 Honda Civic (hybrid) $1,611.19
5 Honda CR-V $1,315.00
6 Honda Pilot $1,375.00
7 Hyundai Sonata $1,146.80
8 Kia Optima $1,146.80
9 Mitsubishi Galant $1,146.80
10 Nissan Altima $1,146.80
11 Nissan Maxima $1,146.80
12 Nissan Versa $1,025.00
13 Toyota Camry $1,146.80
14 Toyota Prius (hybrid) $1,611.19
15 Toyota Venza $1,262.82
SPORTS UTILITY VEHICLE/CROSSOVER
16 Buick Enclave $1,328.14
17 Dodge Durango $1,611.19
18 Chevrolet Equinox $1,315.00
19 Chevrolet Chevrolet Suburban $1,375.00
20 Chevrolet Chevrolet Tahoe $1,146.80
21 Chevrolet Chevrolet Traverse $1,146.80
22 Ford Ford Edge $1,146.80
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
23 Ford Ford Escape $1,146.80
24 Ford Ford Expedition $1,146.80
25 Ford Ford Explorer $1,025.00
26 GMC Acadia $1,146.80
27 GMC Terrain $1,611.19
28 GMC Yukon $1,262.82
29 GMC Yukon XL $1,328.14
30 Hyundai Palisade $1,611.19
31 Hyundai Santa Fe $1,315.00
32 Hyundai Tucson $1,375.00
33 Jeep Compass $1,146.80
34 Jeep Grand Cherokee $1,146.80
35 Jeep Patriot $1,146.80
36 Jeep Renegade $1,146.80
37 Jeep Wagoneer $1,146.80
38 Kia Sorento $1,025.00
39 Kia Sportage $1,146.80
40 Kia Telluride $1,611.19
41 Mazda CX-5 $1,262.82
42 Nissan Armada $1,328.14
43 Nissan Murano $1,611.19
44 Nissan Pathfinder $1,315.00
45 Nissan Rogue $1,375.00
46 Toyota 4-Runner $1,146.80
47 Toyota Highlander $1,146.80
48 Toyota Rav-4 $1,146.80
49 Toyota Sequoia $1,146.80
MINIVANS
50 Chrysler Pacifica $1,500.00
51 Chrysler Voyager $1,500.00
52 Ford Transit $2,750.00
53 Honda Odyssey $1,500.00
54 Kia Carnival $1,500.00
55 Ram Cargo Van $1,650.00
56 Toyota Sienna $1,500.00
TRUCKS
57 Chevrolet Colorado $1,315.44
58 Chevrolet Silverado $1,399.00
59 Dodge Ram 1500 $1,399.00
60 Ford F-150, 4 Door $1,399.00
61 GMC Canyon $1,315.44
62 GMC Sierra $1,399.00
63 Nissan Frontier (Crew Cab) $1,315.44
64 Nissan Titan $1,399.00
65 Toyota Tacoma $1,315.44
66 Toyota Tundra $1,399.00
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
24ft. Box Truck with liftgate $85.00 per day plus tax (100 miles per day and 500 miles per week shall be included). Additional miles at $ .65 per mile. (Box Truck with side door, next day pick-up)
Rental shall be on a month-to-month basis.
Contractor may pass-through the following costs to the County – airport fees (when renting at an airport location) and prorated vehicle licensing fees (VLF). Additionally, when a vehicle is returned with less fuel than at the time of rental, Contractor may charge the County to refuel the vehicle to the level at the time of the rental.
Daily Rate (less than one month): The daily rate for any of the above listed cars shall be prorated; rate per month divided by 30 days.
List all locations/facilities where services and vehicles shall be available:
_________See separate list_________________________________________________ Contractor shall provide a 5% discount on all invoices.
Contract shall not exceed $8,720,424 for the initial term of three (3) years.
3. Price Increase/Decreases:
No price increases will be considered during the first year/term of the Contract. County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 30 -days advance notice in writing is required for consideration of such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to County of Orange. County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. .
4. Firm Discount and Pricing Structure:
Contractor agrees that no price increases shall be passed along to County during the term of this Contract not otherwise specified and provided for within this Contract.
5. Contractor’s Expense:
Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.
6. Payment Terms – Payment in Arrears:
Invoices are to be submitted in arrears to the user agency/department to the ship -to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse County of Orange for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.
Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
7. Taxpayer ID Number:
Contractor shall include its taxpayer ID number on all invoices submitted to County for payment to ensure compliance with IRS requirements and to expedite payment processing.
8. Payment – Invoicing Instructions:
Payment – Invoicing Instructions: The Contractor will provide an invoice on the Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from “A” above c. Contractor’s Taxpayer ID Number
d. Name of County Agency/Department
e. Delivery/Service address
f. Contract MA-060-25010600
g. Requisition 1685733
h. Agency/Department’s Account Number
i. Date of order
j. Product/Service description, quantity, and prices
k. Sales tax, if applicable
l. Freight/Delivery Charges, if applicable
m. Total
Invoices and support documentation are to be forwarded to:
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
Sheriff-Coroner Department
Southwest
11 Journey
Aliso Viejo, CA. 92656
Attn: Catalina Hill
Ph: 949-425-1959
Sheriff-Coroner Department
Professional Standards
320 N. Flower Street
Santa Ana, CA. 92703
Attn: Mirtha Wilson
Ph: 714-834-5110
Sheriff-Coroner Department
North Patrol
550 N. Flower Street
Santa Ana, CA. 92703
Attn: Bridgette Ludwig
Ph: 714-647-1850
Sheriff-Coroner Department
Court Operations
909 N. Main Street, Suite 2
Santa Ana, CA. 92701
Attn: Kandice Corrales
Ph: 714-569-3777
Sheriff-Coroner Department
Theo Lacy Facility
501 The City Drive South
Orange, CA. 92868
Attn: Rowena Famisan
Ph: 714-935-7017
Sheriff-Coroner Department
TAT
550 N. Flower Street
Santa Ana, CA. 92703
Attn: Stephanie Beyer
Ph: 714-647-1875
Sheriff-Coroner Department
Property & Evidence
320 N. Flower St., 3rd Floor
Santa Ana, CA. 92703
Attn: Jessica Leauasoga
Ph: 714-834-3184
Sheriff-Coroner Department
Investigations
550 N. Flower Street
Santa Ana, CA 92703
Attn: Tracy Harvell
Ph: 714-647-7056
Sheriff-Coroner Department
San Clemente Police Svcs.
100 Avenida Presidio
San Clemente, CA. 92672
Attn: Catalina Hill
Ph: 949-261-8352
Sheriff-Coroner Department
Southeast Operation
20202 Windrow Drive
Lake Forest, CA. 92630
Attn: Chelsea Van De Kreke
Ph: 949-206-6103
Sheriff-Coroner Department
Investigations
550 N. Flower Street
Santa Ana, CA. 92703
Attn: Luis Ramirez
Ph: 714-668-4403
Sheriff-Coroner Department
Custody Intelligence Unite
501 The City Drive South
Orange, CA. 92868
Attn: Tracy Harvell
Ph: 714-935-7963
Sheriff-Coroner Department
Field Service Training Bureau
20202 Windrow Drive
Lake Forest, CA. 92630
Attn: Chelsea Van De Kreeke
Ph: 949-206-6103
Sheriff-Coroner Department
OCIAC
Attn: Rick Farfan
Email: [email protected]
Ph: 714-289-3969
Sheriff-Coroner Department
Air Support Detail
1382 Bell Avenue
Tustin, CA. 92780-6430
Attn: Stephanie Beyer
Ph: 714-647-1875
9. Payment (Electronic Funds Transfer (EFT):
County of Orange offers contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the pay ment details via e -mail. An e-mail address will need to be provided to The County of Orange via an EFT Authorization Form. To request a form, please contact the agency/department Procurement Buyer listed in Contract. Upon completion of the form, please mail, fax or email to the address or phone listed on the form.
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
ATTACHMENT C
CERTIFICATION REGARDING ANTI-LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a M ember of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
2. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, Enterprise Rent A Car Company of Los Angeles, LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
__________________________________
Signature of Contractor’s Authorized Official
____________________________________
Name and Title of Contractor’s Authorized Official
Date____________
County of Orange
Sheriff-Coroner
MA-060-25010600
Car Rental Services
File Folder: 2748706
EXHIBIT A
CLAIM FOR MONEY OR DAMAGES AGAINST THE COUNTY OF ORANGE (see separate attachment)
Revised 1/24 Page 1 of 2
CLAIM FOR MONEY OR DAMAGES
AGAINST THE COUNTY OF ORANGE
(Pursuant to Govt. Code section 910 et seq.)
Completed and signed forms must be mailed or delivered to: Clerk of the Board of Supervisors 400 W. Civic Center Drive, 6th Floor
Santa Ana, CA 92701
INSTRUCTIONS: Claims related to personal injury or damage to personal property must be presented within six (6) months from the date of loss. Claims related to any other loss must be presented not later than one (1) year from the date of loss. (See Government Code Section 911.2) Please answer all items fully and to the best of your ability. Failure to do so may be grounds for deeming your claim insufficient. If more space is needed, please attach additional pages.
CLAIMANT INFORMATION
1. Claimant’s Name: __________________________________ 2. Date of Birth: _____________
3. Claimant’s Address: _____________________________________________________________ Street (or P.O. Box) City State Zip Code
4. Phone Number: ___________________ ____________________ ______________________
Home Work Other
5. Name and address where correspondence should be sent (if different from above):
________________________________________________________________________________
Name Street (or P.O. Box) City State Zip Code
CLAIM INFORMATION
6. Exact date (including year) of the accident/incident/loss: ________________________________
7. Exact location of the accident/incident/loss (Be as specific as possible; Example: On the southeast corner of 6th and Broadway in the City of Santa Ana):
________________________________________________________________________________
8. Describe the circumstances of how the accident/incident/loss occurred including the reason you believe the County of Orange is liable for your damages:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
Received by _____________ via:
□ Mail
□ Over the Counter
□ Pony Mail
□ Other *** COB USE ONLY***
Revised 1/24 Page 2 of 2
9. Jail Booking Number: _______________ Police Agency/Report Number: ________________
10. Describe the damage/injury/loss incurred so far as is known as of the time of this claim:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
11. Name(s) of County employee(s) causing damage/injury/loss, if known: ___________________ _______________________________________________________________________________
12. License number of County vehicle (if applicable): ____________________________________
13. Name, address and phone number of any and all witnesses known: _____________________ _______________________________________________________________________________
14. Any additional information that may assist us in evaluating your claim:__________________ _______________________________________________________________________________ _______________________________________________________________________________
DAMAGES CLAIMED
15. a. If the amount claimed is less than $10,000:
Amount claimed to present: $___________________________ Estimated amount of any prospective damage/injury/loss: $___________________________ TOTAL AMOUNT CLAIMED: $___________________________ b. If the amount claimed exceeds $10,000, would the case be a limited civil case ($35,000 or less)? Check one: Yes ______ No ______
c. Basis of computation of the amount of damages (Please attach any estimates and/or receipts): ___________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM (PENAL CODE § 72)
I have read the matters and statements in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information and belief and as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct.
_____________________________________________ _____________________ Signature of Claimant/Claimant’s Representative Date
THIS CLAIM FORM MUST
BE SIGNED!!