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HomeMy Public PortalAboutAgreement_2019-05-21_Enterprise Fleet Management Inc_2 nd AmendmentAGREEMENT COVER SHEET AGREEMENT/] (FY -fl) Type of Contract ❑ Consultant Services Professional Services L] Public Works Other: 1 QW(JJ1r Meeting Date of Approval (Only If Applicable) Date Contact Information Name of Company: [we MEET NIr 1He-�i�ac�� Address: 11Ily GAIZDWa. ati2� Contact Person: Phone Number: Email: Scope (Type of Project) VEg (C C LES ",L) ]?i o6�gAM Term of Contract mc% 12► , zn►Cf Beginning Date Contract Completion Date Total Contract Amount Notes: Dollar Amount Contract Reviewed By City Manager ❑ Department Director City Attorney No Changes to the Template Administrative Services Director Other: Insurance Additional Insured Endorsement F1 Cancellation Provision General/Auto/Workman Comp. SECOND AMENDMENT TO THE MASTER EQUITY LEASE AGREEMENT by and between the CITY OF TEMPLE CITY and ENTERPRISE FLEET MANAGEMENT Dated May 21, 2019 Page 1 of 7 SECOND AMENDMENT TO THE MASTER EQUITY LEASE AGREEMENT This Second Amendment to the Master Equity Lease Agreement ("Second Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California chatter city ("City"), and Enterprise Fleet Management Inc., a Missouri corporation ("Lessee"), as follows: RECITALS A. On May 19, 2015, the City Council authorize the City Manager to enter into a Master Equity Lease Agreement ("Agreement) with the Lessee and related addendums (Exhibit "A") for a vehicle lease and maintenance program. B. On April 16, 2019, the City Council authorized the City Manager to enter into the First Amendment to replace six (6) of the originally leased vehicles and add two (2) new vehicles for a total fleet of 22 leased vehicles. C. On May 21, 2019, the City Council authorized the City Manager to enter into the Second Amendment to replace eight (8) of the originally leased vehicles and maintain the total fleet of 22 leased vehicles. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment, which modifies and amends the Agreement aS follows: AMENDMENT. The Agreement is hereby modified and amended as follows: SECTION 1. LEASE OF VEHICLES: The schedule of vehicles is replaced by Exhibit B as attached to this Second Amendment. SECTION 3. RENT AND OTHER CHARGES: Exhibit B contains details t•egarding the detailed costs of the new leased vehicles with the revised monthly payments listed in the New Monthly Payment" column. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except specifically modified and amended in this Second Amendment and the First amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This Second Amendment consists of pages 1 to page 5 inclusive with Exhibit A, which constitute the entire understanding and agreement of the parties and supersedes Page 2 of 7 all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment, 2.3 Effective Date. This Second Amendment is effective on the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Lessee. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment, 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. CITY: THE CIJT By: Bryan Cook, City Manager AT � ST: APPROV AS TO F Peggy Kuo, City Clerk Greg kru'rPify,, 6ty Attorney LESSEE: Enterprise Fleet Management Trust (2"��sr/glnakrre regedred rfCo�poration, Incorporation or Limited Liability Cotpara[ion) By: y V 1 By: (Authorized Officer) (Authori d ficer Name:Y'GVII� VYlOrriK.Se(I Name: U�1,L��� Gtr�tis Title: l/i L� 7pr CS ie v Title: rw u ��'vtvir' NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAYBE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY Page 3 of 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On SIl 8 2011, before me, Dale personally appeared Mn CARDENAS Name of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I cert ify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JOANNA CARENAStl WITNESS m hand and official seal. NotayangCountyPublic V Commission0 My Comm. Expiress Nov Nov 20,, 2022 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACITIES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Partners) Limited General Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(les) Page 4 of 7 Title or Type of Document Date Of Document A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 20 ,before me, , Date ame And I itle Of Officer e.g. ane Doe, Notary Putoncl personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney -In -Fact Number Of Pages Trustee(s) Guard !an/Conservator Other: Dale Of Document Signer is representing: Name Of Person(s) Or Entily(tes) Page 5 of 7 ;o g abed JIMA .LAI9YQ213d'Id2l2I QdSOd02Id ,LAi:INUOVAIVL1i .LdA 0 0 0 o 0 0 0 E d 3 o 0 0 0 0 0 0 gE 3 n E 3 ob 0 0 0 0 0 0 0 o 0 0 0 0 E0 0 0 0 � O Q g _ o 5 ME o 0 0 0 0 0 0 0 ¢ a W U w ZE N o � m Eo o o 6 0 0 0 0 0 a o � 6 ? 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