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HomeMy WebLinkAboutENTERPRISE FLEET MANAGEMENT (6)_ - INSURANCE NOT REQUIRED • — A-2024-018-06 WORK MAY PROCEED FLEET MANAGEMENT CITY CLERK D : JAN 2 9 2024 D.P0Cl) 15 . Cxo"SQQ')AlAf' INDEMNITY AGREEMENT This Agreement is entered into as of the 16thday of January, 2024 by and between Enterprise Fleet Management. Inc.. (EFM), a Missouri corporation, and City of Santa Ana. WITNESSETH: INDEMNITY: Enterprise Fleet Management, Inc. ("EFM") agrees to defend and indemnify City of Santa Ana from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which City of Santa Ana may incur by reason of EFM's breach or violation of, or failure to observe or perform, any of its obligations as Servicer (EFM in such capacity, "Servicer") for Enterprise FM Trust in connection with the Master Equity Lease Agreement between City of Santa Ana and Enterprise FM Trust dated as of the date hereof, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle, in each case, while the Vehicle was in possession of the Servicer. Capitalized terms used herein and not defined herein shall have the meanings given in the Lease. IN WITNESS WHEREOF, EFM and City of Santa Ana have executed this Indemnity Agreement as of the day and year first above written. Company: City of Santa Ana EFdv1 &NjFa yFTRISE FLEET MANAGEMENT INC. j`ee Aa --k MytaiuFC PAjf klitz Gt,r s CHDHFWAMNA7.. By: Title: Address: 60 Civic Center Plaza PO Box 1981 Santa Ana, CA 92701 Date Signed: , By. Michael Gerges Title: Vice President of Finance Address: 1400 N. Kellogg Dr. Suite G Anaheim, CA 92807 January 10, 2024 Date Signed: IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 1AMA TAM RA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building CITY OF SANTA ANA HOMAS R. HA817CH Interim City Manager RECOMMENDED FOR APPROVAL: 0 CrA #2755 ROBERT RODRIGUEZ Acting Chief of Police