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1995-082-RES WHEREAS, CITY COUNCIL DID RECEIVE BIDS FOR LEASING VEHICLES RESOLUTION NO. 95-082 WHEREAS, the City Council of the City of Paris, did receive bids for leasing vehicles until 3:00 p.m., Tuesday, July 19, 1995; and, WHEREAS, the best bid for the leasing of said vehicles was made by Capps Rent A Car, Incorporated, Dallas, Texas, and it should be awarded such bid; and, WHEREAS, the form of said Municipal Lease and Option Agreement for vehicles is attached hereto as Exhibit A, should be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Municipal Lease and Option Agreement attached hereto as Exhibit A, for the leasing of vehicles is hereby accepted and let conditioned upon said dealer meeting all of the terms and conditions included in the bid documents attached hereto as Exhibit B; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Municipal Lease and Option Agreement with Capps Rent A Car, Incorporated, for the leasing of vehicles, upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 14th day of August, 1995. Eri~"';:: - ATTEST: ~~,.,~,~~,^,,~ Mattie Cunningham, City rk APPROVED AS TO FORM: Attorney ,UNICIPAL LEASE AND OPTION. JREEMr;m" LESSOR: CAPPS RENT A CAR, INCORPORATED 8555 JOHN CARPENTER FREEEWAY DALLAS, TEXAS 75247 LESSEE: City of PaTis P. O. Box 9037 P~ris, TX 75461 THIS LEASE AGREEMENT IS ENTERED INTO BETWEEN CAPPS RENT A CAR INCORPORATED (LESSOR) AND THE (LESSEE), A BODY CORPORATE AND POLITIC DULY ORGANIZED AND EX ISTING UNDER THE LAWS OF THE STATE OF TEXAS. 1. THE IS AUTHORIZED UNDER THE CONSTITUTIION AND LAWS OF THE STATE OF TEXAS TO ENTER INTO THIS AGREEMENT FOR THE PURPOSES DESCRIBED AND BOTH PARTIES AGREE AS FOLLOWS: LESSEE DESIRES TO LEASE FROM LESSOR. THE VEHICLE OR VEHICLES IN ACCORDANCE WITH THIS AGREEMENT AND TO HOLD THE VEHICLE OR VEHICLES FOR THE TERM OF THE LEASE. THIS AGREEMENT COVERS ALL VEHICLES DELIVERED BY LESSOR AND ACCEPTED BY LESSEE. 2. THIS AGREEMENT SHALL BE IN EFFECT THROUGHOUT THE ENTIRE LEASE TERM. THE LEASE TERM SHALL BE A PERIOD OF AT LEAST SIX MONTHS NOT TO EXCEED TEN MONTHS. UNLESS OTHERWISE MUTUALLY AGREED UPON BY BOTH LESSOR AND LESSEE. 2a. LESSOR AGREES TO PROVIDE LESSEE DURING THE LEASE TERM WITH OUIET USE AND ENJOYMENT OF THE EQUIPMENT. LESSEE WILL NOT USE. OPERATE OR MAINTAIN THE VEHICLE(S) IMPROPERLY, CARELESSLY, IN VIOLATION OF ANY APPLICABLE LAW OR IN ANY MANNER CONTRARY TO THAT CONTEMPLATED BY THIS AGREEMENT. 3. LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES, (INCLUDING ANY WARRANTIES OR FITNESS FOR A PARTICULAR PUR POSE). THAT ARE NOT SPECIFIED HERIN, RESPECTING THIS CONTRACT OR VEHICLES LEASED HEREUNDER. THIS CONTRACT STATES THE ENTIRE OBLIGATION OF THE LESSOR IN CONNECTION WITH THIS TRANSACTION. AND PAROL STATEMENTS ARE NOT A PART OF THIS AGREEMENT. 3a. LESSEE IS LEASING THE VEHICLES IN 'AS IS' CONDITION. 3b. IN NO EVENT SHALL THE LESSOR BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING ACTUAL OR CONSEOUEN TIAL DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THIIS AGREEMENT RELATED TO LESSEE'S USE OF ANY VEHICLES, PRODUCTS, OR SERVICES PROVIDED FOR IN THIS AGREEMENT. 3c. LESSEE IS RESPONSIBLE FOR ALL ROUTINE MAINTENANCE, SUCH AS, OIL AND FILTER CHANGES (AT INTERVALS NOT TO EXCEED 5,000 MILES BETWEEN CHANGES), TIRE REPAIR OR REPLACEMENT AND ANY MINOR REPAIRS. IN THE EVENT OF A TIRE REPLACEMENT, LESSEE AGREES TO REPLACE THE TIRE WITH AN IDENTICAL LIKE BRAND AS WAS ORIGIONALL Y PROVIDED. LESSEE AGREES TO PAY AN ADDITIONAL PREMIUM IN THE EVENTTHAT OIL CHANGES ARE NOT PERFORMED. MINOR REPAIRS IS DEFINED AS THOSE REPAIRS COSTING $50.00 OR LESS AND NOT COVERED BY FACTORY WARRANTY. ANY REPAIR THAT WOULD BE LESSORS' RESPONSIBILITY IS TO BE APPROVED BY LESSOR PRIOR TO REPAIRS BEING PERFORMED. 3d. ANY REPAIRS OR MAINTENANCE IN EXCESS OF $50.00 AND NOT COVERED BY fJ.ANUFACTURER'S WARRANTY AND DEEMED TO BE THE RESPONSIBILITY OF THE LESSOR, SHALL NOT BE PERFORMED WITHOUT PRIOR APPROVAL OF LESSOR. NORMAL WEAR AND TEAR IS ACCEPTABLE. ABNORMAL WEAR AND TEAR OR SUBSTANDARD BODY REPAIRS ARE NOT ACCEPTABLE AND WILL BE CHARGED BACK TO LESSEE. DAMAGED WINDSHIELDS MUST BE REPLACED (REPAIRED OR 'PLUGGED' WINDSHIELDS WILL NOT BE ACCEPTED) AT LESSEE'S EXPENSE. RE, PLACED WINDSHIELDS ARE TO BE 'CARLlTE'. -PPG' OR -LOF' GLASS. LABOR TO REPAIR HOlES THAT HAVE BEEN DRILLED IN VEHICLES BY LESSEE WILL BE CHARGED BACK TO LESSEE AT AUTHORIZED NEW CAR DEALERSHIP RATES. 4. THE OBLIGATION OF THE LESSEE TO MAKE RENTAL PAYMENT HEREUNDER IS A CURRENT EXPENSE OF LESSEE AND NOT A DEBT OF LESSEE IN CONTRAVENTION OF ANY APPLICABLE LIMITATIONS OR REQUIREMENTS, NOR SHALL ANYTHING CONTAINED HERIN CONSTITUTE A PLEDGE OF THE GENERAL TAX REVENUES. FUNDS OR MONIES OF LESSEE. 4a. THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS, AND TO PERFORM AND OBSERVE THE COVENANTS AND AGREEMENTS CONTAINED HERIN, SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS, EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NOTWITHSTANDING ANY DISPUTE BETWEEN LESSEE AND LESSOR, ANY VENDOR OR ANY OTHER PERSON, LESSEE SHALL NOT ASSERT ANY RIGHT OF SET-OFF OR COUNTERCLAIM AGAINST ITS OBLIGATION TO MAKE PAYMENTS UNDER THIS AGREEMENT. 4b. LESSEE AGREES TO DO ALL THINGS LAWFULLY WITHIN ITS POWER TO OBTAIN AND MAINTAIN FUNDS FROM WHICH THE RENTAL PAYMENTS MAY BE MADE. EXHIf3lI A 5. IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YijNlllf1l,tl,TIlE LESSEE SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS. AN EVENT OF NONAPPROPRIATION SHALL BE DEEMED TO HAVE OCCURRED. THE LESSEE SHALL PROMPTLY DELIVER NOTICE THEREOF TO THE LESSOR. UPON THE OCCURRENCE OF AN EVENT OF NONAPPROPRIA TION, THE LESSEE AGREES THAT THE LESSOR MAY RECLAIM POSSESSION OF THE VEHICLES(S). LESSEE AGREES PEACEABLY TO DELIVER THE VEHICLE(S) TO LESSOR AT A REASONABLE LOCATION SPECIFIED BY LESSOR. ALL AT LESSEE'S EXPENSE. ALL PAYMENTS ARE DUE AND PAYABLE IN DALLAS COUN1Y TEXAS. Sa. LESSEE GRANTS TO LESSOR A SECURI1Y INTEREST CONSTITUTING A FIRST LIEN ON THE VEHICLE(S) AND ON ALL ADDITIONS AND ATTACHMENTS THERETO, AND ON ANY PROCEEDS THEREFROM. ALL ADDITIONS AND ATTACHMENTS WILL BE DOCUMENTED AND BECOME A PART OF THIS AGREEMENT. 5b. LESEE SHALL PROMPTLY DISCHARGE ANY MECHANIC'S OR MATERIALMEN'S LIENS PLACED ON THE VEHICLE(S) BY ANY AGENT, CONTRACTOR OR SUPPLIER OF THE LESSEE. 6. IN THE EVENT THAT THE USE, POSSESSION OR AOUISITION OF THE VEHICLE(S) IS FOUND TO BE SUBJECT TO TAXATION IN ANY FORM (EXCEPT FOR INCOME TAX OF LESSOR) GOVERNMENT CHARGES OR UTILITY CHARGES AND EXPENSES, LESSEE WILL PAY ALL SUCH TAXES AND CHARGES AS THEY COME DUE. 7, AT ITS OWN EXPENSE LESSEE SHALL MAINTAIN CASUAL 1Y, PUBLIC LIABILITY AND PROPER1Y DAMAGE INSUR, ANCE IN AMOUNTS AS IS LEGAL AND CONSISTENT WITH VEHICLE(S) APPLICATION AND PURPOSE. EVIDENCE OF SUFFICIENT COVERAGE IN THE FORM OF CERTIFICATES MUST BE DELIVERED TO LESSOR THROUGHOUT THE TERM OF THE LEASE. IN THE EVENT LESSEE'S INSURANCE COVERAGE WOULD BE INSUFFICIENT TO FULLY RESTORE THE VEHICLE(S) TO BEFORE DAMAGE STATUS. LESSEE IS FINANCIALLY RESPONSIBLE TO COMPLETE THOSE REPAIRS NOT COVERED BY LESSEE'S INSURANCE. 8. THIS AGREEMENT AND THE INTEREST OF THE LESSEE IN THE VEHICLE(S) MAY NOT BE SOLD, ASSIGNED OR ENCUMBERED BY LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR. 9. TO THE EXTENT pERMITTED BY THE LAWS AND CONSTITUTION OF THE STATE, LESSEE SHALL PROTECT, HOLD HARMLESS AND INDEMNIFY LESSOR FROM AND AGAINST ANY AND ALL L1ABILl1Y, OBLIGATIONS, LOSSES, CLAIMS AND DAMAGES WHATSOEVER. REGARDLESS OF CAUSE THEREOF EXCEPT THOSE RESUL TING,FROM LESSOR'S INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS, AND EXPENSES IN CONNECTION THEREWITH. INCLUDING, WITHOUT LIMITATION, COUNSEL AND EXPENSES PENALTIES AND INTEREST ARISING OUT OF OR AS THE RESULT OF THE ENTERING INTO OF THIS AGREEMENT, THE OWNERSHIP OF ANY ITEM OF THE VEHICLE(S), THE ORDER lNG, AOUISITION. USE, OPERATION. CONDITION, PURCHASE. DELIVERY, REJECTION, STORAGE OR RETURN OF ANY ITEM OF THE VEHICLE(S) OR ANY ACCIDENT IN CONNECTION WITH THE OPERATION, USE, CONDITION, pOSSESSION, STORAGE ORRETURN OF ANY ITEM OF THE VEHICLE(S) RESULTING IN DAMAGE TO pROpER1Y OR INJURY TO OR DEATH TO ANY PERSON. THE INDEMNIFICATION ARISING UNDER THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. IF BY REASON OF FORCE MAJEURE LESSEE IS UNABLE IN WHOLE OR IN PART TO CARRY OUT ITS AGREEMENT ON ITS PART HEREIN CONTAINED, OTHER THAN THE OBLIGATIONS ON THE PART OF LESSEE, LESSEE SHALL NOT BE DEEMED IN DEFAULT DURING THE CONTINUANCE OF SUCH INABILl1Y. THE TERM 'FORCE MAJEURE" AS USED HERIN SHALL MEAN, WITHOUT LIMITATION, THE FOLLOWING; ACTS OF GOD, STRIKES, LOCKOUTS OR OTHER INDUSTRIAL DISTURBANCES; ACT OF PUBLIC ENEMIES. ORDERS OR RESTRAINTS OF ANY KIND OF THE GOVERN, MENTOFTHE UNITED STATES OF AMERICA OR THE STATE OF TEXAS OR ANY OF THEIR DEPARTMENTS, AGENCIESOR OFFICIALS. OR ANY CIVIL OR MILITARY AUTHORITY; INSURRECTIONS; RIOTS; LANDSLIDES; EARTHOUAKES;FIRES; STORMS; DROUGHTS; FLOODS; OR EXPLOSIONS. 1 ,. IN THE EVENT ANY PROVISION OF THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION. SUCH HOLDING SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE ANY OTHER PROVISION HEREOF. 12. ALL ATTACHMENTS/EXHIBITS, ONCE ACCEPTED AND APPROVED BY BOTH PARTIES, BECOMES PART OF THIS AGREEMENT. LESSEE; C;I:;tY'D.e ):'alC:),:S, rar:j::s, rexas BY: LESSOR: CAPPS RENT A CAR INC. TITLE; DATE: 1t:l:cn/i,e;J, 1;. t Ma],cne. Ci.t)l' 'Mana!/er BY: August :1,4, :1,995 TITLE: DATE; SPECIAL FLEET CooRDNATIOR D3lEMGAMNT @apps VAN & CAR RENTAL! ^~" w "..." V"" '''' u , , ''''A f ~. ........_...___.._m....'...__ ..^.."',.."',....__,_..._~. ,._,..._..,.~....m.'N.......W..... ~.-~~--- --;-- ~.~-~-..-.-.. .. MAY 23,1995 GARY: CARS ARE LIMITED At~D Will REMAIN SO UNTil 1996 MODELS ARE AVAILABLE. THE FOllOWING ARE SOLD OUT FOR THE REMAINDER OF 1995: DODGE INTREPID MERCURY COUGAR CHEV. WTTRUCK CHEV. BLAZER SHOULD YOU HAVE QUESTIONS, PLEASE CALL. tf!Jr.g:~a1"'~ fi~wIL:~~lt:l; . . ... 19 ~2E CITy ~~,",..,' ~.~.z.1. THE PONTIAC GRAND AM IS VERY LIMITED AT THIS TIME. 8555 JOHN CARPENTER FREEWAY, DALLAS, TEXAS 75247 (214) 630-6555 EXHIBIT B '@apps VAN & CAR RENTALf v,,~,~~~ ",,,wnUNN'" v ~ .. .. v,," ,"w " , "M''''''''''''''''' ~~~..'>...'.'~"~~'~'~"~'~~'~'~'~"~"~'~'~"~"'~'.'~'~~"~~"~"~'.'."'."""w"",>"',>,,,.'.','...,"".."....,...,...'.'.'>,",....,.v~.,._".".""'."'. ,. '.."'.',*.W ~<<~<<*,....,..,...w..*...'.. ~,. ........ ........-.. . ............... ....... ,.,......... ." ".,."..'.........-.......... . .. .... :.-. 1995/1996 MODEL PRICELlST TYPE MONTHLY RATE FREE MILES PER MO. PONTIAC GRAND AM 4DR 'FIREBIRD/CAMARO 3.8 V6 MUSTANG 3.8 V6 CHEVROLET MONTE CARLO 3.1 V6 560.00 575.00 575.00 575.00 2,000 2,000 2,000 2,000 MER<;:URY COUGAR XR7,V8 'DODGE INTREPID 4DR 610.00 695.00 2,000 2,000 'CHEV. FULL SIZE "'NT" LONG WIDE BED SILVERADO REGULAR CAB FLEETSIDE V8 SILVERADO EXT CAB SPORTSIDE 5.7 V8 SILVERADO EXT CAB FLEETSIDE 5.7 V8 SIL VERA DO EXT CAB Z71 4X4 5.7 V8 FORD F150 LARIAT EXT CAB V8 FLEETSIDE 485.00 510.00 550.00 550.00 585.00 550.00 2,500 2,500 2,500 2,500 2,500 2,500 'SILVERADO "INTERDICTION" EDITION "PREDATOR" CUSTOM SILVERADO EXT CAB 595.00 595.00 2,500 2,500 MA TCHING "LEER" FIBERGLASS TOPPER A VAILABLE ON ANY SWB CHEV.JGMC TRUCK FOR AN ADDITIONAL $40.00 PER MONTH PER UNIT SPECIAL SURVEILLANCE TRUCK CALL FOR DETAILS FORD EXPLORER XL T 2WD 595.00 2,500 CHEVROLET BLAZER 2WD 595.00 2,500 FORD CARGO V AN(WHITE ONLY) 595.00 2,000 'DENOTES SPECIAL ORDER ONLY ~""'~..-:::"Il"'''~I) :.~ > :~ - ,~"J ,. '>' :;~ l, .~_,~=J:J .... ALL VEHICLES ARE NEW AND ARE CURRENT YEAR MODEL JUL 1 9 1995 QITY' MANAGER THESE PRICES DO NOT INCLUDE INSURANCE COVE~EL\S ADDITIONAL MILEAGE IS .20 PER MILE. ALL UNITS TO REMAIN IN SERVICE FOR A MINIMUM OF 6 MONTHS AND A MAXIMUM OF 18,000 MILES. ALL TYPES OF UNITS OFFERED ARE SUBJECT TO AVAILABLlLlTY. 8555 JOHN CARPENTER FREEWAY, DALLAS, TEXAS 75247 (800) 524-3677 PRtCElISTLEABI0Q4 REV .... \ OPTIONS... DELIVERY CHARGES: NONE, IF VEHICLES ARE PICKED UP AT OUR DALLAS LOCATION. DEEP TINTED WINDOWS: ALL VEHICLES ARE EQUIPPED WITH F,,\CIQ..F.}Y.1JtlL.TED WINDOWS. DEEP TINTED WINDOWS ARE AVAILABLE, WITH 3MfSO'O':ECfl:JllD, FRONT DRIVER AND PASSENGER SIDE WINDOWS AT 35% TINT,~At:1'VcrrHER WIN- DOWS AT 5% TINT AS FOLLOWS: JUl '91995 Cf"''Y MANAGER .tA-'US. TEXAS $ 18.00 PER MONTH 15 00 PER ~4mITH FREE! 1; 00 PCl=l ~40NTH FREE! 11.50 PER MONTH 13.00 PER MONTH PASSENGER CARS $ 109.00 EXT CAB PU 89 00 REG CAB SILVERADO 7900 SPORT UTILITY 2 FRONT 69.00 SPORT UTILITY 2 FRONT & BACK 79.00 OR OR OR OR OR OUR PRICES INCLUDE TINT FILM REMOVAL FEE. DEEP WINDOW TINT REMOVAL: ALL UNITS, EXCEPT PICK-UPS, AND SPORT UTILlTIY THAT ARE RETURNED WITH DEEP TINT, NOT INSTALLED BY CAPPS WILL BE CHARGED A $25.00 WINDOW TINT REMOVAL FEE. REMOTE ALARM SYSTEMS: WE WILL PROVIDE AN ALARM SYSTEM WITH TWO (2) REMOTE TRANSMITTERS WITH 100' RANGE, 118 db FLAT TONE ELECTRONIC SI- REN, FLASHING LED STATUS INDICATOR, DOOR ENTRY SWITCHES AND MOTION SENSOR FOR $129.00 PER VEHICLE, OR $22.00 PER MONTH. ENGINE KILL: WE WILL INSTALL A CONCEALED SWITCH ENGINE KILL FOR A ONE TIME CHARGE OF $50.00 PER VEHICLE. PICK UP TOOL BOX: RAWLSON/KOENIG HEAVY DUTY STEEL DOUBLE LOCK TOOL BOXES (WHITE ONLY) ARE AVAILABLE. DIMENSIONS, 45" WIDE, 20" DEEP AND 17" HIGH. $20.00 PER MONTH. PICK UP BED MAT AND TAILGATE GUARD: ALL TRUCKS ARE PROVIDED WITH A BED MAT AND TAILGATE PROTECTOR AT NO CHARGE. THINK TRUCK! TASKOPT1ONS REV 5-94