From tim.hay at state.or.us Wed Mar 10 16:10:55 2010 From: tim.hay at state.or.us (HAY Tim * SSD SPO) Date: Wed, 10 Mar 2010 16:10:55 -0800 Subject: [Travel-Link] Vehicle rental price agreement clarification Message-ID: <028FE44DB341F14CB911A04D7DEAB7CC01EFF6D1@exchnode01.ad.state.or.us> Attention travel arrangers: There seems to be some confusion whether or not non-state employees can operate the vehicles provided under the Enterprise/National and Hertz Price Agreements. I am sending this email out as clarification as to who can rent and operate these vehicles. When ever a vehicle is rented by the state, that rental vehicle falls under the same rules and statutes that apply to state owned vehicles. They are as follows: Agent means: A person or legal entity appointed in writing by a State agency to perform specific work. An agent is not an independent contractor. Agents, paid or unpaid, are subject to the direction and control of the agency. An agency may not call people "agents" for the primary purpose of justifying their transportation in a State vehicle. Employee means: A person employed by the State of Oregon to do State business for whom the State withholds income tax, provides workers compensation coverage, and pays the workers' compensation hour-tax. Under this definition, workers provided by a temporary employment services agency and Department of Corrections inmates are not employees. Vehicle use and storage: No person shall drive, operate or use, authorize or permit any person to drive, operate or use any motor vehicle as defined in ORS 283.305 for any purpose except for Official State business as defined in ORS 283.305 and by the rules of the Oregon Department of Administrative Services. In other words, when reserving a vehicle that is to be operated by a non-state employee, you need to ask the question whether that person would be allowed to operate a state owned vehicle as an agent or employee as defined above. If the answer is no, then that person should NOT be driving a vehicle under these price agreements. The Price Agreements state that the "traveler" is a person who is authorized to travel by a participant, however, per ORS 283.305, the Traveler must fall into either the Agent or Employee definition. No other individuals are authorized to operate the vehicles under our Price Agreements with Enterprise/National and Hertz. The primary reason is the liability involved for the person driving the vehicle, the Contractor and the State. Our Price Agreements include full damage and liability insurance coverage and if a person was involved in an accident operating a rental vehicle, and it was discovered that the person was not a state employee or agent of the state, the state could ultimately end up being responsible for a non-state employee or non-state agent accident. If you need any further clarification regarding this, please contact me. Best regards, Tim A. Hay, CPPB, CGTP, OPBC Lead State Procurement Analyst DAS State Procurement Office 1225 Ferry St SE U140 Salem, OR 97301-4285 Ph. 503-378-4650 Fax. 503-373-1626 tim.hay at state.or.us ******************************************************************** DAS State Procurement Office Mission: "Demonstrate and provide leadership through innovative, responsive, and accountable public procurement services. ******************************************************************** Please consider the environment before printing this email. This message, including any attachments or links, may contain privileged, confidential and/or legally protected information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify the sender immediately by replying to this message and then delete all copies of the original communication including any attachments and/or links. -------------- next part -------------- An HTML attachment was scrubbed... URL: