Minutes — Desert Hot Springs City Council, October 18, 2022 (part 2 of 2)

Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: Reverse Sensing System rear parking sensors Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Height Adjustable Seatbelts: height adjustable front seatbelts 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Leather Upholstery: cloth front seat upholstery
Rear Seat Material: vinyl rear seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
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Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Standard Engine:

Engine 385-hp, 6.2-liter V-8 (regular gas)
Standard Transmission:

Transmission 6-speed automatic w/ OD and PowerShift automatic Printed On 08/24/2022 09:30:37 AM Page 6 of 6

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Prepared For: City of Desert Hot Springs Date 08/24/2022

AE/AM ZRJ
Unit #
Year 2022 Make Ford Model F-250
Series XL 4x4 SD Super Cab 8 ft. box 164 in. WB SRW
Vehicle Order Type Ordered Term 60 State CA Customer# 600304 $ 62,732.09 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 925.52 * Initial License Fee
$ 0.00 * Registration Fee
$ 435.00 Other: (See Page 2)
$ 10,000.00 * Capitalized Price Reduction
$ 775.00 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color (0 I) Medium Earth Gray w/Cloth 40/20/40 Spli Lic. Plate Type Unknown
GVWR 0
$ 53,167.09 Total Capitalized Amount (Delivered Price)
$ 717.76 Depreciation Reserve @ 1.3500%
$ 250.19 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 967.95 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 45.94 Full Maintenance Program 3 Contract Miles 35,000 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 45.94 Additional Services SubTotal
$ 75.02 Sales Tax 7.7500% State CA
$ 1,088.91 Total Monthly Rental Including Additional Services $ 10,101.49 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.

LESSEE City of Desert Hot Springs

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 6656358
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Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - 8ft Service Body, Lights, Arrow Board. See Phenix Quote# TQ19641 C $ 18,967.09
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 18,967.09
Aftermarket Equipment Total $ 18,967.09
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 250.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 435.00
Other Charges Total $ 435.00
Open-End (Equity) Lease Rate Quote Quote No: 6656358
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VEHICLE INFORMATION:
2022 Ford F-250 XL 4x4 SD Super Cab 8 ft. box 164 in. WB SRW - US Series ID: X2B
Pricing Summary:

INVOICE MSRP
Base Vehicle $41,069 $43,230.00
Total Options $4,901.00 $5,040.00
Destination Charge $1,795.00 $1,795.00
Total Price
SELECTED COLOR:

Exterior: Z1-(0 P) Oxford White
Interior: 1S-(0 I) Medium Earth Gray w/Cloth 40/20/40 Split Bench Seat SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
1 Cloth 40/20/40 Split Bench Seat $91.00 $100.00
153 Front License Plate Bracket NC NC
164WB 164" Wheelbase STD STD
1S_02 (0 I) Medium Earth Gray w/Cloth 40/20/40 Split Bench Seat NC NC 425 50-State Emissions System STD STD
44S Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included Included 52B Trailer Brake Controller $273.00 $300.00
54K Trailer Tow Mirrors w/Power Heated Glass Included Included 587 Radio: AM/FM Stereo w/MP3 Player Included Included
600A Order Code 600A NC NC
64A Wheels: 17" Argent Painted Steel Included Included
66D Pickup Box Delete $-569.00 $-625.00
66DRBD Rear Bumper Delete Included Included
66DSPR Spare Wheel, Tire, Carrier & Jack Delete Included Included 66S Upfitter Switches (6) $150.00 $165.00
67E 240 Amp Alternator $78.00 $85.00
872 Rear View Camera & Prep Kit $377.00 $415.00
90L Power Equipment Group $1,001.00 $1,100.00
90LACD Accessory Delay Included Included
90LASP Advanced Security Pack Included Included
90LPLK Power Locks Included Included
90LPTL Power Tailgate Lock Included Included
90LPWN Power Front & Rear Seat Windows Included Included 90LRKE Remote Keyless Entry Included Included
996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included Included EMYPI Est. 2023 Model Year Price Increase $3,500.00 $3,500.00 PAINT Monotone Paint Application STD STD
STDGV GVWR: 10,000 lb Payload Package Included Included SYNC SYNC Communications & Entertainment System Included Included TD8 Tires: LT245/75Rx17E BSW A/S (4) Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
$47,765.00 $50,065.00
Open-End (Equity) Lease Rate Quote Quote No: 6656358
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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Driver Door: reverse opening rear passenger doors
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror: convex driver and passenger mirror Mirror Type: manual extendable trailer mirrors
Door Handles: black
Front And Rear Bumpers: black front and rear bumpers with black rub strip Front Tow Hooks: 2 front tow hooks
Front License Plate Bracket: front license plate bracket Body Material: aluminum body material
: class V trailering with hitch, brake controller
Grille: black grille
Upfitter Switches: upfitter switches
Convenience Features:

Air Conditioning manual air conditioning
Air Filter: air filter
Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (front doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Remote Engine Start: remote engine start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Emergency SOS: 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Overhead Console: full overhead console with storage
Glove Box: illuminated locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
IP Storage: covered bin instrument-panel storage
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off aero-composite halogen headlamps Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Compass: compass
Exterior Temp: outside-temperature display
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Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Height Adjustable Seatbelts: height adjustable front seatbelts 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Engine 385-hp, 6.2-liter V-8 (regular gas)
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Standard Transmission:

Transmission 6-speed automatic w/ OD and PowerShift automatic Printed On 08/24/2022 11:16:24 AM Page 6 of 6

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Prepared For: City of Desert Hot Springs Date 09/29/2022

AE/AM ZRJ
Unit #
Year 2022 Make Ford Model Ranger
Series XL 4x4 SuperCrew 5 ft. box 126.8 in. WB
Vehicle Order Type In-Stock Term 60 State CA Customer# 600304 $ 42,412.68 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 0.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 185.00 Other: (See Page 2)
$ 10,000.00 * Capitalized Price Reduction
$ 775.00 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color (0 I) Ebony w/Front Cloth Bucket Seats
Lic. Plate Type Unknown
GVWR 0
$ 32,597.68 Total Capitalized Amount (Delivered Price)
$ 440.07 Depreciation Reserve @ 1.3500%
$ 173.70 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 613.77 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 43.67 Full Maintenance Program 3 Contract Miles 35,000 OverMileage Charge $ 0.0450 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 43.67 Additional Services SubTotal
$ 47.57 Sales Tax 7.7500% State CA
$ 705.01 Total Monthly Rental Including Additional Services $ 6,193.48 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

LESSEE City of Desert Hot Springs

Open-End (Equity) Lease Rate Quote Quote No: 6758313
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Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Custom Equipment 2 - Tommygate Liftgate, Light Bar, & Tow Hitch C $ 10,587.51 Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 10,587.51
Aftermarket Equipment Total $ 10,587.51
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 185.00
Other Charges Total $ 185.00
Open-End (Equity) Lease Rate Quote Quote No: 6758313
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VEHICLE INFORMATION:
2022 Ford Ranger XL 4x4 SuperCrew 5 ft. box 126.8 in. WB - US Series ID: R4F
Pricing Summary:

INVOICE MSRP
Base Vehicle $31,059 $32,020.00
Total Options $371.41 $305.00
Destination Charge $1,495.00 $1,495.00
Total Price
SELECTED COLOR:

Exterior: YZ-(0 P) Oxford White
Interior: QH-(0 I) Ebony w/Front Cloth Bucket Seats
SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
100A Equipment Group 100A Standard NC NC
126WB 126.8" Wheelbase STD STD
153 Front License Plate Bracket NC NC
425 50-State Emissions System STD STD
44U Transmission: Electronic 10-Speed SelectShift Auto Included Included 4SPK 4 Speakers Included Included
51D Auto Start-Stop Removal $-47.00 $-50.00
64A Wheels: 16" Silver Steel Included Included
67F XL Power Equipment Group $334.00 $355.00
67FALM Perimeter Alarm Included Included
99H_ Engine: 2.3L EcoBoost w/o Auto Start Stop NC NC
FOB Remote Key Fob w/Tailgate Lock Included Included
MIA Manufacturer Invoice Adjustment $84.41 $0.00
PAINT Monotone Paint Application STD STD
Q Front Cloth Bucket Seats Included Included
QH_01 (0 I) Ebony w/Front Cloth Bucket Seats NC NC
STDAX 3.73 Axle Ratio Included Included
STDGV GVWR: 6,050 lbs Included Included
STDRD Radio: AM/FM Stereo Included Included
STDTR Tires: P255/70R16 A/S BSW Included Included
SVMIR Power Glass Sideview Mirrors Included Included
YZ_01 (0 P) Oxford White NC NC
$32,925.41 $33,820.00
Open-End (Equity) Lease Rate Quote Quote No: 6758313
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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Cargo Door Type: tailgate
Driver And Passenger Mirror: power remote manual folding side-view door mirrors Convex Driver Mirror: convex driver and passenger mirror Door Handles: black
Front And Rear Bumpers: black front and rear bumpers with black rub strip Rear Step Bumper: rear step bumper
Front Tow Hooks: 2 front tow hooks
Front License Plate Bracket: front license plate bracket Box Style: regular
Body Material: galvanized steel/aluminum body material
: trailering with harness
Grille: black grille
Convenience Features:

Air Conditioning manual air conditioning
Power Windows: power windows with driver 1-touch down
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Remote Engine Start: remote engine start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
IP Storage: bin instrument-panel storage
Rear Underseat Storage Tray: rear underseat storage tray Retained Accessory Power: retained accessory power
Power Accessory Outlet: 3 12V DC power outlets
Entertainment Features:
radio AM/FM stereo with seek-scan
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off projector beam halogen headlamps Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Voltometer: voltmeter
Compass: compass
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
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Trip Odometer: trip odometer
Front Pedestrian Braking: pedestrian detection
Forward Collision Alert: forward collision
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Clock: in-radio display clock
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front ventilated disc brakes
Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Tracker System: tracker system
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints with tilt Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 5
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 6-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Height Adjustment: manual height-adjustable driver and passenger seats Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear full bench seat
Rear Folding Position: rear seat fold-up cushion
Rear Seat Armrest: rear seat centre armrest
Leather Upholstery: cloth front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Cabback Insulator: cabback insulator
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Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Standard Engine:

Engine 270-hp, 2.3-liter I-4 (regular gas)
Standard Transmission:

Transmission 10-speed automatic w/ OD and PowerShift automatic Printed On 09/29/2022 05:47:45 PM Page 6 of 6

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Prepared For: City of Desert Hot Springs Date 09/29/2022

AE/AM ZRJ
Unit #
Year 2023 Make Ford Model Explorer
Series XLT 4dr 4x4
Vehicle Order Type Ordered Term 60 State CA Customer# 600304 $ 39,342.00 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 0.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 385.00 Other: (See Page 2)
$ 10,000.00 * Capitalized Price Reduction
$ 775.00 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color (0 I) Ebony w/Unique Cloth Captain's Chairs Lic. Plate Type Unknown
GVWR 0
$ 29,727.00 Total Capitalized Amount (Delivered Price)
$ 401.31 Depreciation Reserve @ 1.3500%
$ 158.83 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 560.14 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 43.63 Full Maintenance Program 3 Contract Miles 35,000 OverMileage Charge $ 0.0450 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 43.63 Additional Services SubTotal
$ 43.41 Sales Tax 7.7500% State CA
$ 647.18 Total Monthly Rental Including Additional Services $ 5,648.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

LESSEE City of Desert Hot Springs

Open-End (Equity) Lease Rate Quote Quote No: 6757470
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Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 200.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 385.00
Other Charges Total $ 385.00
Open-End (Equity) Lease Rate Quote Quote No: 6757470
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VEHICLE INFORMATION:
2023 Ford Explorer XLT 4dr 4x4 - US
Series ID: K8D
Pricing Summary:

INVOICE MSRP
Base Vehicle $38,947 $40,570.00
Total Options $0.00 $0.00
Destination Charge $1,495.00 $1,495.00
Total Price
SELECTED COLOR:

Exterior: YZ-(0 P) Oxford White
Interior: 86-(0 I) Ebony w/Unique Cloth Captain's Chairs SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
119WB 119.1" Wheelbase STD STD
200A Equipment Group 200A NC NC
8 Unique Cloth Captain's Chairs Included Included
153 Front License Plate Bracket NC NC
425 50 State Emissions System STD STD
44T Transmission: 10-Speed Automatic Included Included
86_02 (0 I) Ebony w/Unique Cloth Captain's Chairs NC NC 99H Engine: 2.3L EcoBoost I-4 Included Included
CONECT FordPass Connect Included Included
HEAT 1st Row Heated Seats Included Included
PAINT Monotone Paint Application STD STD
STDAX 3.58 Non-Limited-Slip Rear Axle Ratio Included Included STDGV GVWR: 6,160 lbs Included Included
STDRD Radio: AM/FM Stereo Included Included
STDTR Tires: P255/65R18 AS BSW Included Included
STDWL Wheels: 18" 5-Spoke Silver-Painted Aluminum Included Included SYNC SYNC 3 Communications & Entertainment System Included Included YZ_02 (0 P) Oxford White NC NC
$40,442.00 $42,065.00
Open-End (Equity) Lease Rate Quote Quote No: 6757470
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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Spoiler: rear lip spoiler
Door Handles: body-coloured
Front And Rear Bumpers: body-coloured front and rear bumpers Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material
Roof Rack: rails only
Body Side Cladding: black bodyside cladding
Grille: grille with chrome bar
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Rear Air Conditioning: rear air conditioning with separate controls Voice Activated A/C: voice activated air conditioning
Cruise Control: cruise control with steering wheel controls Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: Intelligent Access proximity key
Trunk FOB Controls: keyfob trunk/hatch/door release
Remote Engine Start: remote engine start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Emergency SOS: SYNC 3 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 4 12V DC power outlets
Entertainment Features:
radio SiriusXM AM/FM/Satellite with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-Dimming Headlights: Ford Co-Pilot360 - Auto High Beam auto high-beam headlights Front Wipers: variable intermittent speed-sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper with heating wiper park Printed On 09/29/2022 03:57:10 PM Page 4 of 6

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Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: Reverse Sensing System rear parking sensors Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: pedestrian detection
Following Distance Indicator: following distance alert
Forward Collision Alert: forward collision
Water Temp Gauge: water temp. gauge
Oil Level Gauge: oil level gauge
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: compact spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st, 2nd and 3rd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Security System: security system
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Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: Terrain Management System ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 2 rear head restraints
3rd Row Headrests: 2 manual adjustable third row head restraints Seats And Trim:

Seating Capacity max. seating capacity of 6
Front Bucket Seats: front bucket seats
Front Heated Cushion: driver and passenger heated-cushions Front Heated Seatback: driver and passenger heated-seatbacks Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining captain seat
Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat fold-forward seatback
Rear Seat Mounted Armrests: rear seat mounted armrest
3rd Row Seat Type: fixed third row 50-50 bench seat
3rd Row Electric Control: fold into floor third row seat Leather Upholstery: premium cloth front and rear seat upholstery Door Trim Insert: cloth door panel trim
Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: metal-look/piano black instrument panel insert, door panel insert, console insert LeatherSteeringWheel: leather/metal-look steering wheel Floor Mats: carpet front and rear floor mats
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:

Engine 300-hp, 2.3-liter I-4 (premium)
Standard Transmission:

Transmission 10-speed automatic w/ OD
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MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this _____ day of ________________, by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”), and the lessee whose name and address is set forth on the signature page below (“Lessee”).

1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.

2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and, unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule.

3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the “Total Monthly Rental Including Additional Services” on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as “Depreciation Reserve” on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the “Total Initial Charges” set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the “Service Charge Due at Lease Termination” set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78’s and the adjusted amount will be payable by Lessee to Lessor on the termination date.
(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The “Book Value” of a Vehicle means the sum of (i) the “Delivered Price” of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle.
(d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any losses and/or damages suffered by Lessor as a result of Lessee’s breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. (e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”).
(f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate.

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(g) Lessee’s obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement.

4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer’s trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor’s written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as required hereunder.

5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.

6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee’s expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor-owned vehicle.

7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee’s expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state.

8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer’s instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle’s return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement. (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).

9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN,

CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE’S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE.
(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT

LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED “AS IS,” “WITH ALL FAULTS.” All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee’s only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle.

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(c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee.

10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever (“Casualty Occurrence”). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a “Totaled Vehicle”), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.

11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of transporting more than 8 passengers):
(ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per occurrence - Collision and $250 per occurrence - Comprehensive).

If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is “primary coverage” for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee’s attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.

Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by State of Vehicle Registration
Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont
Florida
All Other States
Coverage
$1,000,000 Combined Single Limit Bodily Injury and Property Damage - No Deductible
$500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible
$300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible
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Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the “Vehicle” for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/ or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee’s expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.

12. INDEMNITY: Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, 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. The provisions of this Section 12 shall survive any expiration or termination of this Agreement.

13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.

14. DEFAULT; REMEDIES: The following shall constitute events of default (“Events of Default”) by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term “guarantor” shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.

Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee’s default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys’ fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee’s rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee’s obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee’s obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.

15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such Initials: EFM________ Customer________ Page 141 of 163
assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason.

Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee’s interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.

16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL” by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several.

17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles).

18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement.

IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written LESSEE: ______________________________________
Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Date Signed: _______________________, ___________
LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc. its attorney in fact Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Date Signed: _______________________, ___________
© 2017 Enterprise Fleet Management, Inc. H04945_Master Equity Lease Agreement - Enterprise FM Trust Initials: EFM________ Customer________

Page 142 of 163 ends

MAINTENANCE AGREEMENT
This Maintenance Agreement (this “Agreement”) is made and entered into this ______ day of ____________, by Enterprise Fleet Management, Inc., a Missouri corporation (“EFM”), and ___________________________________________________ (“Lessee”).

WITNESSETH

1. LEASE. Reference is hereby made to that certain Master Lease Agreement dated as of the ______ day of ____________, by and between Enterprise FM Trust, a Delaware statutory trust, as lessor (“Lessor”), and Lessee, as lessee (as the same may from time to time be amended, modified, extended, renewed, supplemented or restated, the “Lease”). All capitalized terms used and not otherwise defined in this Agreement shall have the respective meanings ascribed to them in the Lease.

2. COVERED VEHICLES. This Agreement shall only apply to those vehicles leased by Lessor to Lessee pursuant to the Lease to the extent Section 4 of the Schedule for such vehicle includes a charge for maintenance (the “Covered Vehicle(s)”).

3. TERM AND TERMINATION. The term of this Agreement (“Term”) for each Covered Vehicle shall begin on the Delivery Date of such Covered Vehicle and shall continue until the last day of the “Term” (as defined in the Lease) for such Covered Vehicle unless earlier terminated as set forth below. Each of EFM and Lessee shall each have the right to terminate this Agreement effective as of the last day of any calendar month with respect to any or all of the Covered Vehicles upon not less than sixty (60) days prior written notice to the other party. The termination of this Agreement with respect to any or all of the Covered Vehicles shall not affect any rights or obligations under this Agreement which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to termination, and such rights and obligations shall continue to be governed by the terms of this Agreement.

4. VEHICLE REPAIRS AND SERVICE. EFM agrees that, during the Term for the applicable Covered Vehicle and subject to the terms and conditions of this Agreement, it will pay for, or reimburse Lessee for its payment of, all costs and expenses incurred in connection with the maintenance or repair of a Covered Vehicle. This Agreement does not cover, and Lessee will remain responsible for and pay for, (a) fuel, (b) oil and other fluids between changes, (c) tire repair and replacement, (d) washing, (e) repair of damage due to lack of maintenance by Lessee between scheduled services (including, without limitation, failure to maintain fluid levels), (f) maintenance or repair of any alterations to a Covered Vehicle or of any after-market components (this Agreement covers maintenance and repair only of the Covered Vehicles themselves and any factory-installed components and does not cover maintenance or repair of chassis alterations, add-on bodies (including, without limitation, step vans) or other equipment (including, without limitation, lift gates and PTO controls) which is installed or modified by a dealer, body shop, upfitter or anyone else other than the manufacturer of the Covered Vehicle, (g) any service and/or damage resulting from, related to or arising out of an accident, a collision, theft, fire, freezing, vandalism, riot, explosion, other Acts of God, an object striking the Covered Vehicle, improper use of the Covered Vehicle (including, without limitation, driving over curbs, overloading, racing or other competition) or Lessee’s failure to maintain the Covered Vehicle as required by the Lease, (h) roadside assistance or towing for vehicle maintenance purposes, (i) mobile services, (j) the cost of loaner or rental vehicles or (k) if the Covered Vehicle is a truck, (i) manual transmission clutch adjustment or replacement, (ii) brake adjustment or replacement or (iii) front axle alignment. Whenever it is necessary to have a Covered Vehicle serviced, Lessee agrees to have the necessary work performed by an authorized dealer of such Covered Vehicle or by a service facility acceptable to EFM. In every case, if the cost of such service will exceed $50.00, Lessee must notify EFM and obtain EFM’s authorization for such service and EFM’s instructions as to where such service shall be made and the extent of service to be obtained. Lessee agrees to furnish an invoice for all service to a Covered Vehicle, accompanied by a copy of the shop or service order (odometer mileage must be shown on each shop or service order). EFM will not be obligated to pay for any unauthorized charges or those exceeding $50.00 for one service on any Covered Vehicle unless Lessee has complied with the above terms and conditions.

EFM will not have any responsibility to pay for any services in excess of the services recommended by the manufacturer, unless otherwise agreed to by EFM.

Notwithstanding any other provision of this Agreement to the contrary, (a) all service performed within one hundred twenty (120) days prior to the last day of the scheduled “Term” (as defined in the Lease) for the applicable Covered Vehicle must be authorized by and have the prior consent and approval of EFM and any service not so authorized will be the responsibility of and be paid for by Lessee and (b) EFM is not required to provide or pay for any service to any Covered Vehicle after 100,000 miles.

5. ENTERPRISE CARDS: EFM may, at its option, provide Lessee with an authorization card (the “EFM Card”) for use in authorizing the payment of charges incurred in connection with the maintenance of the Covered Vehicles. Lessee agrees to be liable to EFM for, and upon receipt of a monthly or other statement from EFM, Lessee agrees to promptly pay to EFM, all charges made by or for the account of Lessee with the EFM Card (other than any charges which are the responsibility of EFM under the terms of this Agreement). EFM reserves the right to change the terms and conditions for the use of the EFM Card at any time. The EFM Card remains the property of EFM and EFM may revoke Lessee’s right to possess or use the EFM Card at any time. Upon the termination of this Agreement or upon the demand of EFM, Lessee must return the EFM Card to EFM. The EFM Card is non-transferable.

6. PAYMENT TERMS. The amount of the monthly maintenance fee will be listed on the applicable Schedule and will be due and payable in advance on the first day of each month. If the first day of the Term for a Covered Vehicle is other than the first day of a calendar month, Lessee will pay EFM, on the first day of the Term for such Covered Vehicle, a pro-rated maintenance fee for the number of days that the Delivery Date precedes the first monthly maintenance fee payment date. Any monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within twenty (20) days after its due date will accrue interest, payable upon demand of EFM, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate allowed by applicable law. The monthly maintenance fee set forth on each applicable Schedule allows the number of miles per month as set forth Initials: EFM________ Lessee________ Page 143 of 163
in such Schedule. Lessee agrees to pay EFM at the end of the applicable Term (whether by reason of termination of this Agreement or otherwise) an overmileage maintenance fee for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. EFM may, at its option, permit Lessor, as an agent for EFM, to bill and collect amounts due to EFM under this Agreement from Lessee on behalf of EFM.

7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but rather EFM arranges for maintenance and/or repair services on the Covered Vehicles to be performed by third parties. EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD PARTIES,

INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE OR QUALITY. ANY DEFECT IN THE PERFORMANCE OF ANY PRODUCT, REPAIR

OR SERVICE WILL NOT RELIEVE LESSEE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER CHARGES DUE UNDER THIS AGREEMENT.

8. LESSOR NOT A PARTY. Lessor is not a party to, and shall have no rights, obligations or duties under or in respect of, this Agreement.

9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person or sent by facsimile, recognized overnight courier or registered or certified mail, return receipt requested and postage prepaid, to the applicable party at its address or facsimile number set forth on the signature page of this Agreement, or at such other address or facsimile number as any party hereto may designate as its address or facsimile number for communications under this Agreement by notice so given. Such notices shall be deemed effective on the day on which delivered or sent if delivered in person or sent by facsimile, on the first (1st) business day after the day on which sent, if sent by recognized overnight courier or on the third (3rd) business day after the day on which mailed, if sent by registered or certified mail.

10. MISCELLANEOUS. This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Missouri (without reference to conflict of law principles).

IN WITNESS WHEREOF, EFM and Lessee have executed this Maintenance Agreement as of the day and year first above written.

LESSEE: ______________________________________
Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Attention: ______________________________________
Fax #: ______________________________________
Date Signed: _______________________, ___________
EFM: Enterprise Fleet Management, Inc.

Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Attention: ______________________________________
Fax #: ______________________________________
Date Signed: _______________________, ___________
© 2019 Enterprise Fleet Management, Inc. H02213_MaintAgree Equity Initials: EFM________ Lessee________

Page 144 of 163 ends

MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT
This Agreement is entered into as of the ______ day of _______, by and between Enterprise Fleet Management, Inc., a Missouri corporation, doing business as “Enterprise Fleet Management” (“EFM”), and ___________________________________________________ (the “Company”).

WITNESSETH:

1. ENTERPRISE CARDS: Upon request from the Company, EFM will provide a driver information packet outlining its vehicle maintenance program (the “Program”) and a card (“Card”) for each Company vehicle included in the Company’s request. All drivers of vehicles subject to this Agreement must be a representative of the Company, its subsidiaries or affiliates. All Cards issued by EFM upon request of the Company shall be subject to the terms of this Agreement and the responsibility of the Company. All Cards shall bear an expiration date.

Cards issued to the Company shall be used by the Company in accordance with this Agreement and limited solely to purchases of certain products and services for Company vehicles, which are included in the Program. The Program is subject to all other EFM instructions, rules and regulations which may be revised from time to time by EFM. Cards shall remain the property of EFM and returned to EFM upon expiration or cancellation.

2. VEHICLE REPAIRS AND SERVICE: EFM will provide purchase order control by phone or in writing authorizing charges for repairs and service over $75, or such other amount as may be established by EFM from time to time under the Program. All charges for repairs and services will be invoiced to EFM. Invoices will be reviewed by EFM for accuracy, proper application of potential manufacturer’s warranties, application of potential discounts and unnecessary, unauthorized repairs.

Notwithstanding the above, in the event the repairs and service are the result of damage from an accident or other non-maintenance related cause (including glass claims), these matters will be referred to the Company’s Fleet Manager. If the Company prefers that EFM handle the damage repair, the Company agrees to assign the administration of the matter to EFM. EFM will administer such claims in its discretion. The fees for this service will be up to $125.00 per claim and the Company agrees to reimburse for repairs as outlined in this agreement. If the Company desires the assistance of EFM in recovering damage amounts from at fault third parties, a Vehicle Risk Management Agreement must be on file for the Company.

3. BILLING AND PAYMENT: All audited invoices paid by EFM on behalf of the Company will be consolidated and submitted to the Company on a single monthly invoice for the entire Company fleet covered under this Agreement. The Company is liable for, and will pay EFM within ten (10) days after receipt of an invoice or statement for, all purchases invoiced to the Company by EFM, which were paid by EFM for or on behalf of the Company. EFM will be entitled to retain for its own account, and treat as being paid by EFM for purposes of this Agreement, any discounts it receives from a supplier with respect to such purchases which are based on the overall volume of business EFM provides to such supplier and not solely the Company’s business. EFM will exercise due care to prevent additional charges from being incurred once the Company has notified EFM of its desire to cancel any outstanding Card under this Agreement. The Company will use its best efforts to obtain and return any such cancelled Card.

4. RENTAL VEHICLES: The Card will authorize the Company’s representative to arrange for rental vehicles with a subsidiary of Enterprise Rent-A-Car Company for a maximum of two (2) days without prior authorization. Extensions beyond two (2) days must be granted by an EFM representative. The Company assumes all responsibility for all rental agreements arranged by EFM with a subsidiary of Enterprise Rent-A-Car Company through an EFM representative or through the use of the Card. All drivers must be at least 21 years of age, hold a valid driver’s license, be an employee of the Company or authorized by the Company through established reservation procedures and meet other applicable requirements of the applicable subsidiary of Enterprise Rent-A-Car Company.

5. NO WARRANTY: EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, REPAIRS OR

SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE, QUALITY OR FITNESS FOR USE. Any defect in the performance of any product, repair or service will not relieve the Company from its obligations under this Agreement, including without limitation the payment to EFM of monthly invoices.

6. CANCELLATION: Either party may cancel any Card under this Agreement or this Agreement in its entirety at any time by giving written notice to the other party.

The cancellation of any Card or termination of this Agreement will not affect any rights or obligations under this Agreement, which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to such cancellation or termination. A Card shall be immediately returned to EFM upon cancellation to:

Enterprise Fleet Management, 600 Corporate Park Drive, St. Louis, MO 63105, Attention: Enterprise Card Department. Notice to EFM regarding the cancellation of any Card shall specify the Card number and identify the Company’s representative. In the case of a terminated representative, such notice shall include a brief description of the efforts made to reclaim the Card.

7. NOTICES: All notices of cancellation or termination under this Agreement shall be mailed postage prepaid by registered or certified mail, or sent by express overnight delivery service, to the other party at its address set forth on the signature page of this Agreement or at such other address as such party may provide in writing from time to time. Any such notice sent by mail will be effective three (3) days after deposit in the United States mail, duly addressed, with registered or certified mail postage prepaid. Any such notice sent by express overnight delivery service will be effective one (1) day after deposit with such delivery service, duly addressed, with delivery fees prepaid. The Company will promptly notify EFM of any change in the Company’s address.

Initials: EFM________ Company________ Page 145 of 163

8. FEES: EFM will charge the Company for the service under this Agreement $______ per month per Card, plus a one time set-up fee of $_______.

9. MISCELLANEOUS: This Agreement may be amended only by an agreement in writing signed by EFM and the Company. This Agreement is governed by the substantive laws of the State of Missouri (determined without reference to conflict of law principles).

IN WITNESS WHEREOF, EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and year first above written.

Company: ______________________________________
Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Date Signed: _______________________, ___________
EFM: Enterprise Fleet Management, Inc.

Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Date Signed: _______________________, ___________
© 2019 Enterprise Fleet Management, Inc. H02213_MaintManagement Initials: EFM________ Company________

Page 146 of 163 ends

SELF-INSURANCE ADDENDUM TO MASTER EQUITY LEASE AGREEMENT (Physical Damage Only)
This Addendum is made to the Master Equity Lease Agreement dated _____ day of ______________________, as amended (the “Agreement”), by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”), and the lessee whose name is set forth on the signature line below (“Lessee”).

This Addendum is attached to and made a part of the Agreement (including each Schedule to the Agreement). All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement.

Notwithstanding the provisions of Section 11 of the Agreement, Lessee shall be permitted to assume and self-insure the risks covered by the Physical Damage insurance policy set forth in Section 11 of the Agreement and shall not be required to purchase or maintain any Physical Damage insurance policy of any kind with respect to any Vehicle; provided, however, that if any Federal, state, local or other law, statute, rule, regulation or ordinance requires Lessee to maintain any amount of Physical Damage insurance with respect to any Vehicle, Lessee shall purchase and maintain such amount of Physical Damage insurance in the form of a Physical Damage insurance policy which complies in all respects, other than the amount of Physical Damage insurance required, with Section 11 of the Agreement.

Notwithstanding the foregoing, if (1) Lessor, at any time in its good faith judgment, is not satisfied with the condition, prospects or performances, financial or otherwise, of Lessee or (2) any default or event of default occurs under the Agreement, than Lessor may, at its option, revoke this Addendum and terminate Lessee’s right to self-insure by providing Lessee with at least thirty (30) days prior written notice thereof. Upon the termination of Lessee’s right to self-insure, Lessee shall comply in all respects with Section 11 of the Agreement.

Except as amended hereby, all the terms and provisions of the Agreement shall remain in full force and effect. In the event of any conflict between this Addendum and the Agreement or any of the Schedules, the terms and provisions of this Addendum will govern and control. © 2017 Enterprise Fleet Management, Inc. I02096_Self-Insurance Addendum (Equity, Physical Damage) LESSEE: ______________________________________
______________________________________
By: ______________________________________
Title: ______________________________________
Date Signed: _______________________, ___________
LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc. its attorney in fact ______________________________________
By: ______________________________________
Title: ______________________________________
Date Signed: _______________________, ___________

Page 147 of 163 ends

GOVERNMENT CREDIT APPLICATION
Please complete all applicable items.

Company Name ________________________________________________ Credit Applicant ______________________________________ Year Business Started ______ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ E-mail ________________________________________________ Phone #_____________________________________ Fax # _______________________________________ Government Entity Type: State County City Other: ________________________________________________________________________________________ Type of Business ________________________________________________________ Duns Number___________________________________________________________ Parent Company or Affiliates(Name & Address): _____________________________________________________________________________________________________

PRIMARY CONTACT INFORMATION
Name ________________________________________________ E-mail _______________________________________________ Phone #____________________________ Fleet Manager Address __________________________________________________________________________________________________________________________

FINANCIAL INFORMATION
Are your books prepared by an outside Accountant? Yes No Accountant Name ______________________________________________ Email Address _______________________________________ Phone #___________________

ENCLOSING WITH APPLICATION
Three years of Financial Statements (with footnotes) Audited Opinioned Internal Published Annual Reports Yes No
Income Tax Returns (3 years) Yes No
Other Items Included: ____________________________________________________________________________________________________________________________ Federal ID Number: _____________________________________________________________________________________________________________________________ Fiscal Year End (Month): _________________________________________________________________________________________________________________________

CURRENT VEHICLE SUPPLIER
Principle Suppliers Phone # E-Mail Address Acct # # of Vehicles Current Vehicle Suppliers Phone # E-Mail Address Acct # # of Vehicles Purchasing Leasing Finance

INSURANCE
Company _________________________________________ Agent____________________________________ Policy # _____________________ Exp. Date______________ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ Phone # ____________________________ Fax # ______________________________

Page 148 of 163 ends

LESSEE INFORMATION
Company Name ____________________________________________________________________________________ FEIN________________________________________ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ Contact Name___________________________________________________________ Phone #____________________________ Fax # ______________________________ Email Address __________________________________________________________________________________________________________________________________

BANK INFORMATION
Bank Name ______________________________________________________________________ Checking Account Only ________________________________________ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ Bank Contact Name______________________________________________________ Phone #____________________________ Fax # ______________________________ ABA / Routing Number: ___________________________________________________________ Account Number: ______________________________________________ **PLEASE ATTACH A VOIDED CHECK FOR THE ACCOUNT LISTED ABOVE** Upon approval of this Credit Application, I (we) hereby authorize Enterprise Fleet Management, Inc., hereinafter called “EFM”, to initiate, if necessary, credit entries and adjustments for any debit entries in error, to my/our checking account indicated above and to further authorize the depository named above, hereinafter called “DEPOSITORY”, to debit and/or credit the same to such account. I (we) covenant and agree to instruct any and all banks or other financial institution specified in this Credit Application and ACH authorization to process debits using the Automated Clearing House funds-transfer system.

This transaction will be completed in accordance with the following provisions:

1. The withdrawal will occur on the 20th of each month. If the 20th of each month falls on a weekend, amounts will be withdrawn on the next business day.

2. An electronic copy of the invoice and/or statement will be available on EFM’s website (http://efmfleetaccess.efleets.com) by the 5th business day of each month. The Lessee will be expected to review the invoice/statement prior to the 15th of each month. The Lessee reserves the right to call EFM and dispute a charge by the 15th of the month. EFM will withdraw the entire invoice amount each month if no charges have been disputed by the 15th of each month. Upon request to EFM, a hard copy of an invoice or statement will be mailed to the lessee each month via the United States Postal Service.

3. For any amount owed by the Lessee to EFM that is not paid due to insufficient funds on the date the debit should occur, a $25 non-sufficient funds transaction fee will be assessed. The transaction fee shall be paid by the Lessee to EFM on demand.

4. This authorization is to remain in full force and effect until EFM has received written notification from the Lessee of its termination in such time and in such manner as to afford EFM and DEPOSITORY a reasonable opportunity to act on it. Cancellation will also occur if EFM has sent the Lessee a ten day written notice for EFM’s termination of the agreement. Cancellation requests for this agreement should be forwarded to:

[email protected]

ACH AUTHORIZATION AGREEMENT

STATEMENT OF POLICY AND PROCEDURES
Enterprise Fleet Management, Inc. and affiliates will use the information provided in this for the purpose of fleet and rental related services/programs.

Enterprise Fleet Management, Inc. reserves the right to return this application if all sections are not completed or determined misleading.

Enterprise Fleet Management, Inc. will conduct future inquiries on an annual basis as part of the annual credit review process or as fleet size increases, and reserves the right to ask for additional or updated financial information as the need warrants as part of the credit underwriting process.

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AUTHORIZED SIGNERS FOR MOTOR VEHICLE LEASE(S)
RESOLVED, The undersigned hereby certifies (i) that he/she is the duly appointed_______________________________________________________ (Title) for _____________________________________________________________ (Entity legal name) hereafter known as “The Entity”, (ii) that he/she is authorized by The Entity to execute and deliver on behalf of The Entity to Enterprise Fleet Management, hereafter known as “Enterprise” (“Lessor”) and the Master Lease Agreement between Enterprise and the Entity ) the (“Lessee”), and (iii) that the following individuals are authorized and empowered on behalf of and in the name of The Entity to execute and deliver to Enterprise Schedules to the Lease for individual motor vehicles, together with any other necessary documents in connection with those Schedules:

RESOLVED FURTHER, that:

Bond Rating: _________________________________ Rating Agency: ______________________________ Federal ID#: _________________________________ RESOLVED FURTHER, that EFM is authorized to act upon this authorization until written notice of its revocation is received by EFM.

I do herby certify that the information contained in this Credit Application is accurate in all material aspects as required by law. Further, I do hereby certify ______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
Print Name
___________________________
Date
______________________________________________________
Signature
______________________________________________________
Title
______________________________________________________
Title
______________________________________________________
Title
______________________________________________________
Title
______________________________________________________
Title
______________________________________________________
Title
______________________________________________________
Title
______________________________________________________
Company Name
© 2018 Enterprise Fleet Management, Inc. H00479_EFM Government Credit Application For the purpose of seeking to secure credit from Enterprise Fleet Management, Inc. (together with its affiliates, successors, assigns and third party service providers, “EFM”), Credit Applicant (a) authorizes (i) EFM to run a credit report, investigate and verify the information in this Credit Agreement, and/or obtain financial and/or credit information from any person or entity with which Credit Applicant has or had financial dealings, including banks, lending institutions and trade or credit references, whether or not such person or entity is identified in this Credit Application, which information may include financial statements, tax returns, and banking records, (ii) EFM to contact any of Credit Applicant’s current or former employers or creditors to verify any information contained herein or received in connection with this Credit Application if Credit Applicant is a sole proprietor, and (iii) any third party who may have relevant information to provide such information to EFM, (b) will notify EFM if there is any change in name, address, or any material adverse change (i) in any of the information contained in this Credit Application, (ii) in Credit Applicant’s financial condition, or (iii) in Credit Applicant’s ability to perform their respective obligations to EFM, and (c) represents and warrants that any and all information provided to EFM by Credit Applicant is true, correct and complete as of the date hereof. The lack of any notice of change in the representations and warranties included in this Credit Application shall be considered a continuing statement that the information provided in this Credit Application remains true, correct and complete.

As permitted by law, EFM may also release information about EFM’s credit experience with Credit Applicant. Credit Applicant understands and agrees that all reports and records developed by EFM or any third party agent in connection with the foregoing investigations are the sole property of EFM and will not be provided to Credit Applicant unless otherwise required by applicable law or agreed to by EFM in writing.

The Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that Credit Applicant has the capacity to enter into a binding contract); because all or part of Credit Applicant’s income derives from any public assistance program; or because Credit Applicant has in good faith exercised any right under the Consumer Credit Protection Act. If this credit application is denied, Credit Applicant may have the right to a written statement of the specific reason(s) for the denial. To request to obtain the statement, Credit Applicant may contact EFM at: 600 Corporate Park Drive, ATTN: EFM Credit Department, St. Louis, MO 63105, within 60 days from the date Credit Applicant is notified of the denial. If applicable, within 30 days of EFM’s receipt of the request, EFM will send Credit Applicant a written statement specifying the reason(s) for the denial.

The person signing below personally represents and warrants to EFM that he/she is authorized to make this application for credit on behalf of Credit Applicant.

Please note that this Credit Application is an application and does not commit or require EFM to extend any credit whatsoever to Credit Applicant. Page 150 of 163 SR-22-230
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 18, 2022
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Notice of Completion - Police Department Dispatch Center Tenant Improvements
RECOMMENDATION:
1) Approve and accept the work with change orders;
2) Authorize the City Manager to execute the Notice of Completion; and 3) Authorize the release of final retention payment and performance bonds BACKGROUND:

On December 8, 2021 the City Council authorized the City Manager to award a contract with Diamond Construction, Inc. for the Police Department Dispatch Center Tenant Improvements Project in an amount not to exceed $459,800 for a total project budget plus contingency. On December 15, 2021 the contract with the City of Desert Hot Springs and Diamond Construction, Inc. was signed.

The City of Desert Hot Springs decided to use the existing footprint of the Police Department facility at 65950 Pierson Blvd, where the Detective Bureau was located, for the new Public Safety 9-1-1 Dispatch Center. Rather than building a new stand-alone building, the adaptive reuse of the Police Department building resulted in the project being more sustainable with less materials and infrastructure required.

It also increased the productivity of the Dispatch Center to be within proximity to officers in the Police Department and allow the Detectives Bureau and CSI Lab to relocate to the future annex being constructed next door.

DISCUSSION:

Desert Hot Springs is one of the first cities required by the State to implement the new Next Generation 9-1-1 system. During the construction there were modifications that were necessary for the completion of the project meeting the updated state requirements. While the 9-1-1 system has been a success for over 40 years, it has been stretched beyond its limit. The California 9-1-1 Emergency Branch remains focused on enabling Public Safety Answering Points (PSAP’s) to provide the fastest, most reliable and cost-effective access to emergency services for any 9-1-1 caller. However, implementing these changes resulted in corresponding challenges. For example, the State had not settled on a vendor for our region until June (shortly before the Center was set to open). State changes that updated system requirements made in necessary to relocate and redesign the systems and equipment halfway through the project resulting in a significant change order. This unforeseen and required change order resulted in a final construction cost of $550,538.94.

Page 151 of 163 ends

SR-22-230
The work was officially completed on September 22, 2022. The next step in the process will be for the City to record a Notice of Completion (Exhibit 1) and release the final retention payment to the contractor.

Staff is recommending that Council approve the work and accept the project and direct the City Manager to file the Notice of Completion for the Police Department Dispatch Center Tenant Improvements Project.

FISCAL IMPACT:

There is no fiscal impact associated with recordation of the notice of completion documents. The overall construction project cost was $550,538.94 and was included in the approved FY 2021-22 budget appropriations.

ATTACHMENTS:

Exhibit 1 - Notice of Completion - Diamond Construction - PD Dispatch Center TIs Exhibit 2 - 2022 DHS APWA Dispatch Center

Page 152 of 163 ends

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Desert Hot Springs.

3. The full address of the owner is 11999 Palm Drive Desert Hot Springs, CA, 92240.

4. The nature of the interest or estate of the owner is in fee and easements.

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common, are: None.

6. A work of improvement on the property hereinafter described was completed on September 22, 2022 The work done was: 2022-071 Police Department Dispatch Center Tenant Improvements

7. The name of the contractor, for such work of improvement was Diamond Construction, Inc.

Date of Contract: December 15th, 2021.

8. The property on which said work of improvements were completed is in the City of Desert Hot Springs, County of Riverside, State of California, and is described as follows: Within the rights of ways of City Streets and Parking Lots.
______________________________________________ Dated:_____________________ Jerryl Soriano CMC, City Clerk, City of Desert Hot Springs I, the undersigned, am the City Manager of City of Desert Hot Springs, hereby certify that of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true to the best of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
________________________________________________ Dated: ____________________ Luke Rainey, City Manager

Page 153 of 163 ends

CITY OF DESERT HOT SPRINGS POLICE DEPARTMENT
Public Safety 9-1-1 Dispatch Center
Supporting Documentation
Project Photos
1 |
New plumbing for kitchen and restrooms
Project Site: DHS Police Department Station
New electrical conduit for workstations
Pre-construction: Former Detective Bureau in Station

Page 154 of 163 ends

2|
Server room with Next Generation 9-1-1 System
Aluminum collected from demo to be recycled
Halon waterless fire suppression system to protect servers High efficiency Mitsubishi split HVAC systems

Page 155 of 163 ends

3|
Server room with Next Generation 9-1-1 System
Women’s bathroom with locker room and shower Dedicated Breakroom for Dispatch Staff

Page 156 of 163 ends

SR-22-232
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 18, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: October 4, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - October 4, 2022

Page 157 of 163 ends

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, October 4, 2022
Council Chambers
CLOSED SESSION - 5:15 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:15 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session Items.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain entity who has threatened litigation against the City, although no formal claim has been filed. The threat of litigation letter is on file with the City Clerk’s office.

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et al.; Superior Court- Riverside; Case No. CVPS2104940

Page 158 of 163 ends

City Council
October 4, 2022
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

INVOCATION
Thomas Moen gave the Invocation.

PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, reported that the City Council voted 5-0 to approve a Settlement Agreement relative to Closed Session Item No. 1 (Nadine Garcia, et al. v.

City of Desert Hot Springs).

APPROVAL OF AGENDA
ACTION: Approve the October 4, 2022 Regular Meeting Agenda and approve the Consent Calendar in its entirety.

Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

PUBLIC COMMENTS
1) Marion Champion, Mission Springs Water District, gave updates and announcements.
2) Tom Moen expressed support for the ATP Cycle 5 Palm Drive North project and suggested a 4-way stop at Palm Drive and 12th Street and Highway 62 and Pierson Boulevard.

Page 159 of 163 ends

City Council
October 4, 2022

CITY MANAGER REPORT
Luke Rainey, City Manager, introduced new employee Clyde Thomas, Human Resources Manager.

Doria Wilms, Deputy City Manager, provided an update regarding enforcement of the new short-term vacation rental regulations.

Daniel Porras, Assistant City Manager, announced the Día Del Los Muertos Festival on October 15, 2022 at the Health and Wellness Center.

Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Nicholas Haecker, Public Works Director, provided updates regarding various projects.

MAYOR AND COUNCIL MEMBER REPORTS
Council Member Pye reported on the various meetings and events she attended.

Council Member Nuñez reported on the various meetings and events he attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Council Member Betts reported on the various meetings and events he attended.

Mayor Matas reported on the various meetings and events he attended.

PUBLIC HEARINGS:

4. Resolution Adopting Revised User Fee Schedule
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council
3) Open Public Hearing;
4) Take public testimony from those favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council adopting the Revised User Fees.

Staff Report - SR-22-217 - Pdf
Mayor Matas opened the Public Hearing.

Page 160 of 163 ends

City Council
October 4, 2022
There was no public testimony.

ACTION: Continue the Public Hearing to October 18, 2022.

Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas
ADMINISTRATIVE CALENDAR:

5. Adopt a Resolution Authorizing Park Grant Application(s) for the Proposition 68 Per Capita Grant Program
Recommendation:

Adopt a Resolution of the City Council authorizing the City Manager to file an application(s) with the California Department of Parks and Recreation’s Office of Grants and Local Services (OGAL) to receive funding from the Proposition 68 Per Capita Grant Program.

Staff Report - SR-22-215 - Pdf
Nicholas Haecker, Public Works Director, presented the staff report and responded to questions.

Andrew Raaf expressed support.

A discussion ensued.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-043.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Betts
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

5. Annual Utility Users Tax Report
Recommendation:

Receive and file.

Staff Report - SR-22-216 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

ACTION: The report was received and filed.

Page 161 of 163 ends

City Council
October 4, 2022

6. Discussion on Funding for Neighborhood Revitalization and Small Business Incentives
Recommendation:

Discuss and provide direction to Staff.

Staff Report - SR-22-219 - Pdf
Mayor Matas and Council Member Nuñez presented the report.

A discussion ensued.

James Nindel and Jackie Devereaux, members of the Desert Hot Springs Beautification Committee, expressed support.

ACTION: Approve funding in the amount of $500,000.

Moved by Council Member Nuñez
Seconded by Mayor Matas
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:

7. City Council Regular Meeting Minutes: September 20, 2022 Recommendation:

Approve the Minutes as presented; or as corrected.

Staff Report - SR-22-218 - Pdf
ACTION: Approved the Minutes as presented.

8. Second Reading and Adoption of An Ordinance Amending Section

8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section

8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code."
Staff Report - SR-22-214 - Pdf
ACTION: Approved Staff recommendation and adopted Ordinance No. 765:
"An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code."

Page 162 of 163 ends

City Council
October 4, 2022

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 7:04 P.M.

Jerryl Soriano, CMC, City Clerk

Page 163 of 163 ends

Desert Hot Springs City CouncilOctober 18, 2022

Desert Hot Springs City Council
October 18, 2022