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1993-017-RES WHEREAS, the City Council of the City of Paris, did receive bids for leasing new and used vehicles; and, RESOLUTI ON NO, 93-017 WHEREAS, the City Council of the City of Paris, did receive bids for leasing new and used vehicles; and, WHEREAS, the best bid for the leasing of said vehicles was made by Capps Rent A Car, Incorporated, and it should be awarded such bid; and, WHEREAS, the form of said Agreement for such new and/or hereto as Exhibit A; and, Municipal Lease and Option used vehicles is attached WHEREAS, the City Manager of the City of Paris did execute said Municipal Lease and Option Agreement, which execution should be in all things ratified; 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 is hereby ratified and the form of such Agreement is approved; and, BE IT FURTHER RESOLVED; that the execution of the Municipal Lease and Option Agreement attached hereto as Exhibit A with Capps Rent A Car, Incorporated, executed by the City Manager of the City of Paris, Michael E. Malone on the 22nd day of January, 1993, is hereby ratified, Passed and adopted this 15th day of February, 1993, &~L* ATTEST: Mattie Cunningham, APPROVED AS TO FORM: ity Attorney ;:> MUNICIPAL LEASE AND OPTION AGREEMENT LESSOR:: CAPPS RENT A CAR, INCORPORATED 8555 JOHN CARPENTER FREEEWAY DALLAS, TEXAS 75247 LESSEE: CITY OF PARIS, TEXAS PO. BOX 0037 PARIS, TEXAS 1. THIS LEASE AGREEMENT IS ENTERED INTO BETWEEN CAPPS RENT A CAR INCORPORATED (LESSOR) AND CITY OF PARIS, TEXAS (LESSEE), A BODY CORPORATE AND POLITIC DULY ORGANIZED AND EXISTlNG UNDER THE LAWS OF THE STATE OF TEXAS. Nichael E. ,!alone 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. 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 EIGHT MONTHS, UNLESS OTHERWISE MUTUALLY AGREED UPON BY BOTH LESSOR AND LESSEE. 23. LESSCR AGREES TO PROVIDE LESSEE OURING THE LEASE TERM WITH QUIET 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, LESSOR MAKES NO WARRANTY NOR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTiLCULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR ANY OTHER WARRANTY WITH RESPECT THERETO AND, AS TO THE LESSOR, THE LESSEE LEASES THE EQUIPMENT "AS IS', IN NO EVENT SHALL THE LESSOR BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING INCIDENTAL, INDIRECT. SPECIAL OR CONSEQUENTIAL DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE, FURNISHING, FUNCTIONING OR THE LESSEE'S USE OF ANY ITEMS OR PRODUCTS OR SERVICES PROVIDED FOR IN THIS AGREEMENT, 3b. LESSEE IS ENTITLED TO ANY WARRANTIES THAT LESSCR MAY HAVE AGAINST ANY VENDOR OF ANY PORTION OF THE LEASED EQUIPMENT. 3c. LESSEE IS RESPONSIBLE FOR ALL ROUTINE MAINTENANCE, SUCH AS, OIL AND FILTER CHANGES (A T1NTERVALS NOT TO EXCEED 5,000 MILES BETWEEN CHANGES), TIRE REPAIR OR REPLACEMENT AND ANY MINOR REPAIRS. IN THE EVENT OF A TIRE REPLACEMENT, LESSCR AGREES TO REPLACE THE TIRE WITH AN IDENTICAL LIKE BRAND AS WAS ORIGIONALL Y PROVIDED. LESSEE AGREES TO PAY AN ADDITIONAL PREMIUM IN THE EVENT THAT 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 LESSCRS' 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 MANUFACTURER'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 "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 PAY RENTAL PAYMENTS 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 ABSCLUTE AND UNCONDITIONAL IN ALL EVENTS, EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NGTWITHSTANDING 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. 1.ESSEE AGREES TO DO ALL THINGS LAWFULLY WITHIN ITS POWER TO OBTAIN AND MAINTAIN FUNDS FROM WHICH THE RENTAL PAYMENTS MAY BE MADE. EXHIf::SIT A , S, Sa, Sb. 6, "'" IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YEAR AND THE LESSEE SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS, AN EVENT OF NONAPPROPRIATlON 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 COUNTY TEXAS. LESSEE GRANTS TO LESSOR A SECURITY 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. 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. 7, 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. AT ITS OWN EXPENSE LESSEE SHALL MAINTAIN CASUALTY, PUBLIC LIABILITY AND PROPERTY 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 LIABILITY, OBLIGATIONS, LOSSES, CLAIMS AND DAMAGES WHATSOEVER, REGARDLESS OF CAUSE THEREOF EXCEPT THOSE RESULTING 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 PROPERTY OR INJURY TO OR DEATH TO ANY PERSON, THE INDEMNIFICATION ARISING UNDER THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, 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 INABILITY, 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. MENT OF THE 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, 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. 10, 11, 12, ALL ATTACHMENTS/EXHIBITS, ONCE ACCEPTED AND APPROVED BY BOTH PARTIES, BECOMES PART OF THIS AGREEMENT LESSEE; LESSOR; C~~~A=-- . . - ,h,~/- /[.'-"/i;/. 5'1'/:'" BY; BY; TITLE; .I iC ae a one City Hann"er Janunry 22, 1993 DATE; TITLE: DALE; '~8PJis JAt-l-21-'93 17: 42 tD: DTF PAPIS T< wT?~6G TEL NO:784-11:3'? lIm8 P02 flil":t; :'..Il~1 r'A;I~'H'llE:R r~..\u PM \ A^-. n::.~}\:; ;"!';24; 21.\ .SJO-0~S5 rAX21" -6'30 ;260 1-800,524,3677 -.-..... ..'-'-_.---,!.~""_._' . \IAN & CAR REMTAL .L~ -I I ~ .. .'. '. '.' : '.-~. :. . '--:" - SAM BRADING srEC'^L FLEET COQRDJI"JA TOR ;-- ~.~ ., ..:~' ~.:::":;f~~~i:'~/<".: :;~?f2:~.~\('~;~ '. ~:.~:~~;Wt:,~~~:- '.. PRICeLlST JANUARY 1"1'993':." .-''':1t;.:,::t--,.,... :;..~:..:....: ".. ;'-~:<\~';:;~~'/" "':";:::'~:':'.:;"'~"<'::.':'~' -.:~\}!{t.~~~ ',:' TYPE:.,'..~:. ", - ""!'''~'; MONlHLYRATE .' ", ,..~ . . -. . .'. -," . .' . .' . ':~ -':., P~NTIA5~~AN5 AMv6.:;;:'. ' ".,.;;;_"i:<i"~~,~' .. p' t25, 00 . .' CHEVRtJU:T I3ERETtA Va WitH SlJNRbof;i)>::- . 525,00 . CHEVY LUMINA ~UROSflO~t4bR 3. rVa ,,' 550,00 . TOYOTACAMR'r'lE4DA ....:.. .<\']f.,....:..;i:~.:.. 550,00 , . floNTIM I3F1ANO PRix 4b.l~ 3.1 Va .;f;.,;~{i;:0 :;;::; .' 550.00 .'. FORD iHUNb~~BIM LX 5.0 va"~:;.:r.;o: '~:".. 550,00 ,.. "-~':: !"ORD OFlOWN VlctoFlIM:/'t,,:.; ift,'!.?:b;,~,;{fi,:!:,;" 595,00 . - . "; ". . ;:.' . :':~:::".~~':':}.:"'''.'.:'' . SILVERAtib EXT cAE! SPORTSIDE 5.1 Vs"\>, :' 550.00 SILVERAbO ext cAB FLEETSIDE 5.1 va . , 550.00 ", .... '. "'REE MILES PER MO. 2.500 2,500 2,500 2,000 . 2,500 2,500 2,500 "'/' "'ORD RANGER ExtcAI3 pU. ":,:,/L.,:,; . !'OM ElM CARGO VAN (WHitE oNLY)' :.:,. .... .. . FORD "'.SERIES xl T PICK UP, ALL MODELs' : " .'. CHEVY S104 b~ BLAzER TAHOE 4X4:'<; ~' : '. ". FORD AERbSTAR 1 pAss VAN '. .....',"J,._" ~'CHEVYS.~~,UR8AN">,, "';:.: , 52500 575,00 550,00 595,00 . . 625,00 675.00 2,500 2,500 2,500 2,000 2,500 '. . 2,500 2,500 . 2,000 . .'.. -." . ADDITioNAL MIL~aEIS ,20 I"ER MILE. PRI6IN~ is BASED F.O,B, OUR DALLAS LOCAtION. ALL UNitS TO REMAIN IN SERVICE ~bR A MINIMUMbr= II ~iONTHS AND A MAXIMUM OF 8 MoNTHs, . CApps b?~S N~tPRoVIDI: INSURANCI:. PRICES SUBJECT TO CHANGE WITOUT NOTICE. ~. . . :,:~':':;:;~;~~'~~~{;J:''.!~,':'~''t,~;:;,.:,~,~\::;;~?:~~::r~;,: '.~:, :: . ,','. '../"'~~f';~$(t,:,;,:>~'c:';t:{:::.:~B~,l~~~W~~~;:~;:~. '.,.:;,.,i~"<;:':J:{i:J;:"' '. <:."\'.0. (j..E"'Tdtf~E INCR.E. AtE.b'FH:fA. ILDEM.'.ANli. '~~.~.': ......,;{\::- "1/' ),:.".. ,I.:;%:! '!~;~'FbI~tj"bE.A.LERs,FbRb'MotaRc6MP-ANy.~ti~t~..,., :,,}~~;.}:,j.1A~ ELECTED TO tANbEG! ALL r-LEEt 6R~;:,;{\:~g}~:,,, '. n:JEt1.i;i FOR EXPLORERS/WE HOPE THAT THE;:;;) , :'ABOVE EXPANDED LIST OF UNits WILL GIVE.',: ",YOU SOME ALTEf-1NATE VEHICU: CHOICES. .,;, :';WE REGRET ANy INCONVIl:NCE THAT FORD .. \~OTq~ COMPANY HAS CAUSEb, . -" . '~.;.i.,\<~...:.~~~!: 4 .' ..,.:.:/:ty~..~t>.: ". ".' , . . . t ;,,.: ..'" . ;~. .... . . ., ,."-:; , , ." . 7':'< 8(;55 J().I~N CAnPtNTER FREEW~VJ'bAllAS, TEXAS 75241 (214) 630.6555 . . . ~ ' . , .