HomeMy WebLinkAboutEAN, LLC/CPD/Amendment to AgreementFIRST AMENDMENT TO AGREEMENT
This First Amendment (this “Amendment”) is entered into and effective as of APRIL 16, 2025 (the “Amendment Effective Date”)
between EAN Services, LLC (“EAN”) and City of Carmel Indiana (“Company”).
WHEREAS, the parties have entered into that certain Corporate Partner Program Rate Agreement dated as of October 1, 2022 (the
“Agreement”); and
WHEREAS, the parties desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1.Amendments.
a.Amend the “Volume Benchmark” on page 1 by deleting “$150,000.00” and replacing it with “$145,000.00”.
b.Amend Schedule 1 (Rates and Rate Terms & Conditions) by adding a new section titled “Direct Billing” which shall read as follows:
“Direct Billing: If EAN and Company have agreed to a direct billing arrangement, Company will ensure the direct billing code
provided by EAN is only accessible by Eligible Renters and is not available to or accessible by the general public. In the event
EAN identifies irregular or suspicious rental activity, Company shall cooperate with EAN to investigate such activity. If EAN
determines in its sole and absolute discretion that such activity is attributable to non-Eligible Renters, then EAN shall have the
right (but not any obligation) to take such actions as may be necessary or appropriate to control the activity, including but not
limited to suspending this Agreement, and/or cancelling and re-issuing Account Numbers and other direct billing code(s). Except
to the extent of fault on the part of EAN, Company shall be responsible for all amounts owed pursuant to, arising out of, or in
connection with a rental by any non-Eligible Renter (including, without limitation, amounts arising from traffic violations, tolls,
parking fines and fees, vehicle damage and loss, and reimbursement for third party demands, claims and losses, including
attorneys’ fees) and shall promptly pay EAN all such amounts upon dem and.”
2.Miscellaneous. The terms and conditions of the Agreement, except as duly modified by this and any previous amendments, remain in full forc e
and effect, provided that to the extent that there is any conflict between the terms of the Agreement and th e terms of this Amendment, the terms of
this Amendment shall govern and control. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them
in the Agreement. This Amendment may be executed in counterparts (including exchange by facsimile or attached as a PDF, or other electronic file
type or by DocuSign, Adobe Sign, or other electronic signature), each of which is deemed an original, but all of which constitute one and the same
agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Amendment Effective Date.
EAN SERVICES, LLC CITY OF CARMEL INDIANA
Signature: EHI_SIG_1 Signature: CS_SIG_1
Printed Name: EHI_SIG_P Printed Name: CS_SIG_P
Title: EHI_SIG_T Title: CS_SIG_T
Account Number: XZ08968
aocusign bnvelope fa: 78NbB73C-2bN7-423A-B43a-8S73B4C24709
Authorized Officer
Jody tillfahrt Ryan Meyer
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety (“Board”) ATTEST:
By:
Laura Campbell, Presiding Officer
Date:
Jacob Quinn, Clerk
Date:
James Barlow, Member
Date:
Alan Potasnik, Member
Date:
By Benjamin J Legge at 9:17 am, Apr 09, 2025
Docusign Envelope ID: F8269C36-A963-47A6-BC0B-BD47BD82C79F
4/16/2025
4/16/2025
NOT PRESENT
4/16/2025