NVF:JAC:CAG
3/9/22
Rev. 3/16/21
1 First Amendment to On Demand Ground Transportation Management Agreement Safer LLC
T-40897.001 / 1903903_2.doc
FIRST AMENDMENT TO
ON DEMAND GROUND TRANSPORTATION MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
SAFER LLC
AT THE NORMAN Y. MINETA SAN JOSE INTERNATIONAL AIRPORT
This FIRST AMENDMENT TO ON-DEMAND GROUND TRANSPORTATION MANAGEMENT AGREEMENT is entered into this ____ day of ____________, 2022, by the CITY OF SAN JOSE, a municipal corporation of the State of California (“City”), and SAFER LLC, a California limited liability company (“Operator”).
RECITALS
W
HEREAS, on August 13, 2021, City and Operator entered into an agreement entitled “On-Demand Ground Transportation Management Agreement” (“Agreement”); and WHEREAS, City and Operator desire to amend the Agreement to revise the Performance Guarantee provisions;
NOW, THEREFORE, the parties agree to amend the amended Agreement as follows:
SECTION 1. Section 14 “Performance Guarantee” subsection 14.1 is restated in its entirety to read as follows:
“14.1 Contractor shall submit, within thirty (30) days prior to the Effective Date, a faithful “Performance Guarantee” in an initial amount equal to fifty thousand Dollars ($50,000.00) payable to the City of San José in the form of a cashier’s check payable to the City or an irrevocable standby letter of credit, naming City as beneficiary, substantially in the form attached to this Agreement as Exhibit H. During the Term of the Agreement, the Director may adjust the amount of the Performance Guarantee by DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NVF:JAC:CAG
3/9/22
Rev. 3/16/21
2 First Amendment to On Demand Ground Transportation Management Agreement Safer LLC
T-40897.001 / 1903903_2.doc
providing written notice to Contractor. The adjusted amounts will not exceed fifty thousand Dollars ($50,000.00).
SECTION 2. All of the terms and conditions of the Agreement not modified by this First Amendment shall remain in full force and effect.
[remainder of page intentionally left blank]
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NVF:JAC:CAG
3/9/22
Rev. 3/16/21
3 First Amendment to On Demand Ground Transportation Management Agreement Safer LLC
T-40897.001 / 1903903_2.doc
WITNESS THE EXECUTION HEREOF on the day and year first written above.
APPROVED AS TO FORM:
_______________________________
JON CALEGARI
Deputy City Attorney
Date:
“CITY”
CITY OF SAN JOSE, a municipal
corporation of the State of California
_______________________________
TONI TABER, CMC
City Clerk
Date: _________________________
“O
PERATOR”
SAFER LLC,
a California limited liability company
_______________________________
Signature
_______________________________
Print Name
_______________________________
Title
_______________________________
Date
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NVF:JAC:CAG
3/9/22
Rev. 3/16/21
CERTIFICATE OF LLC AUTHORITY
This Certificate of LLC Authority shall be executed by the manager of the limited liability company.
I, , certify that I am the manager of the
Na me of Manager
limited liability company named in the attached agreement; that signed the agreement on behalf of the limited
Na me of Person that Signed Agreement
liability company as the of the limited liability
T itle of Person that Signed Agreement
company; and that the agreement was duly signed for and on behalf of the limited liability company by authority of its members, and is within the scope of its limited liability company powers.
By:
Name:
Its: Manager
Date:
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.