C2023-182-A3
2353958.1 13645.001 Page 1 of 3
3rd AMENDMENT OF CONTRACT
BY AND BETWEEN CITY OF MANTECA
AND Big Truck Rental, LLC
THIS 3rd AMENDMENT (“Amendment”) to the January 9, 2024 Agreement by and between the City of Manteca and Big Truck Rental, LLC ("Agreement") is made and entered into this {{esl:Signer4:textfield:size(75,20),offset(0,-12)}} day of {{esl:Signer4:textfield:size(75,20),offset(0,-12)}} , {{esl:Signer4:textfield:size(75,20),offset(0,-12)}} by and between the CITY OF MANTECA, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and Big Truck Rental, LLC.
RECITALS:
A. WHEREAS, CITY and Big Truck Rental, LLC entered into the Agreement on or around January 9, 2024, for the provision of rental services of automated side loaders (ASL) to service the residents of City of Manteca; and B. WHEREAS, the CITY and Big Truck Rental, LLC desire to amend the Agreement in order to extend the term and increase the rental services under the Agreement.
C. WHEREAS, Section 19. Amendments of the Agreement allows the Parties to mutually agree to amend the Agreement in writing.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS. The recitals set forth above are hereby incorporated into this Amendment as if set forth herein in full.
2. AMENDMENT.
Section 2. Term of Contract, to the Agreement is hereby amended to read as follows:
The services of Consultant are to commence upon execution of this Amendment Agreement, unless otherwise extended in writing by the mutual agreement of both parties. All such work shall be completed no later than Friday, December 31, 2027.
Section 3. Compensation, to the Agreement is hereby amended to read as follows:
Compensation to be paid to Consultant shall be in accordance with the Payment Schedule set forth in Exhibit A to the 3rd Amendment, which is incorporated herein by reference. In addition to the Compensation for the Agreement, compensation for Amendment No. 3, shall in no event exceed $1,100,000.00 (One Million One Hundred Thousand Dollars and Zero Cents) without additional authorization from the City. In no event shall total compensation for work performed pursuant to this Agreement and 2353958.1 13645.001 Page 2 of 3
Amednment No. 3 exceed $3,145,000.00 (Three Million One Hundred Forty Five Thousand Dollars and Zero Cents) without additional authorization from the City.
3. OTHER TERMS. Except as expressly amended herein, the Agreement remains in full force and effect. Nothing in this Amendment shall be deemed to waive or modify any of the other provisions of the Agreement. In the event of any conflict between this Amendment and the Agreement, the terms of this Amendment shall prevail. 2353958.1 13645.001 Page 3 of 3
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IN WITNESS WHEREOF, CITY and Big Truck Rental, LLC have executed this Amendment the day and year first above written.
CITY OF MANTECA, a municipal corporation of the State of California:
________________________________
Toni Lundgren, City Manager
Date:________________________
ATTEST:
________________________________
Cassandra Candini-Tilton, City Clerk
Date:________________________
APPROVED AS TO FORM:
_________________________________
Andy Pinasco, Interim City Attorney
Date:_________________________
Big Truck Rental, LLC
_________________________________
By: Brad Gust
Date:__________________________
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BTR MASTER RENTAL AGREEMENT
Blf!TRUCK'
URENTAL
Company Address 4221 W. Boyscout Blvd
Suite 400
Tampa, FL 33607
Prepared By Liz Stevenson
CUSTOMER'S INFORMATION
Billing Customer City of Manteca
Billing Contact Carl Brown
Billing Address 1001 W Center St
Manteca CA 95337
Billing Phone (209) 456-8448
Billing Mobile 209-456-8415 Direct Office Line
Billing Email [email protected]
TERMS & CONDITIONS
Created Date
Quote Number
Rental Customer
Shipping Contact
Shipping Address
Shipping Phone
Shipping Mobile
Shipping Email
9/23/2024
00045987
City of Manteca
Carl Brown
210 East Wetmore Street
Manteca CA 95337
United States
(209) 456-8448
209-456-8415 Direct Office Line
[email protected]
This Master Rental Agreement ("Master Agreement") is between BIG TRUCK RENTAL, LLC, a Florida limited liability company, ("Big Truck Rental") and the customer named on the first page of this Master Agreement ("Customer"). Big Truck Rental and Customer shall sometimes be collectively referred to as the "Parties." This Master Agreement provides the basic terms of every rental contract between Big Truck Rental and Customer, however, the specifics of each rental contact shall be found in the Supplemental Rental Agreement(s) ("Supplemental Agreement(s)") or the Rental Extension Agreement(s) ("Extension Agreement (s)"). All capitalized terms are defined herein or in the Supplement Agreement or Extension Agreement.
1. Vehicles Covered: Big Truck Rental agrees to rent to Customer and Customer agrees to rent from Big Truck Rental certain vehicles (the "Vehicle(s)") subject to all terms, conditions and provisions set forth herein.
2. Payment of Rental: Customer agrees that it will pay the rental rate and other charges as set forth in the Supplemental Agreement(s) and Extension Agreement(s) (the "Rental Charges"), including, but not limited to, time, mileage, fuel, service, transportation, delivery, pick-up and all other charges, in advance on the day specified. In addition to the Rental Charges, Customer shall pay and/or reimburse Big Truck Rental for any sales tax, use tax, personal property tax, license fee, registration fee or fees levied or based upon the rental, use or operation of the Vehicle. During the term of this Master Agreement, the rental rate set forth in the corresponding Supplemental Agreement or Extension Agreement (the "Rental Rate") shall entitle Customer to use the Vehicle for a maximum of one-shift, which is defined as not more than 50 hours per week. If Customer uses the Vehicle beyond one-shift, Customer agrees that it will pay an additional charge for such use, calculated in the following manner: more than 50 hours per week but less than 80 hours per week, Customer shall pay an additional charge equal to one-half (½) times the Rental Rate; 80 or more hours per week, Customer shall pay an additional charge equal to one (1) times the Rental Rate. All Rentals Charges shall be paid by Customer to Big Truck Rental at its address set forth in the Supplemental Agreement or Extension Agreement or in such other manner or at such other place as Big Truck Rental notifies the Customer. Customer shall make all payments under this Master Agreement, all Supplemental Agreements and Extension Agreements without set-off, counterclaim or defense.
3. Security for Customer's Performance: Concurrently with the execution of this Master Agreement, Big Truck Rental may demand a security deposit to secure the performance by the Customer of its financial obligations under this Master Agreement, Supplemental Agreement(s) and Extension Agreement(s). Customer hereby authorizes Big Truck Rental to apply security deposit i for Customer's obligations on each vehicle rented within five (5) days of the return of the Vehicle, less any unpaid Rental Charges or damages assessments. The customer is responsible for collection of prepaid security deposit. Uncollected security deposits older than one year, will be forfeited.
4. Big Truck Rental's Disclaimer of Warranty; Customer's Obligations Unconditional: Other than the original equipment manufacturer (OEM) and extended warranties that may be applicable to the vehicle, there are no additional warranties, expressed or implied, by Big Truck Rental to the Customer, except as contained in this master agreement or any supplemental agreement or extension agreement. Big Truck Rental shall not be liable for any loss or damage to customer, nor to anyone else, of any kind and howsoever caused, whether by the vehicle or the repair, maintenance, or equipment of the vehicle, or by the failure of the vehicle or interruption of service or use of the vehicle rented under this agreement. Customer has inspected and is fully familiar with the vehicle and accepts the vehicle "as is" and "with any and all faults." No defect in or unfitness of the vehicle and no loss or damage thereto and no other condition circumstance whatsoever, including, without limitation, the unavailability thereof for any reason whatsoever, shall relieve customer of its obligations under this agreement or result in the abatement or suspension of any such obligations, which are absolute and unconditional. To the maximum extent permitted by law, Big Truck Rental shall incur no liability whatsoever to customer arising out of or in connection with any defect in or condition of the vehicle or the use, operation or functioning of the vehicle. In addition to, and without limiting the provisions of this Section, Customer confirms that in entering into this Master Agreement and by accepting each Vehicle rented (1) it has relied solely on (i) its knowledge and (ii) its inspection of each Vehicle, and (2) it has not relied on any promise, affirmation, description, or other statement by Big Truck Rental, all of which are superseded by this Master Agreement. Customer authorizes the deletion of any safety equipment and accepts all liability for injury or loss incurred thereby.
Exhibit A to 3rd Amendment