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=--
. . -
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/[.'-"/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
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1-800,524,3677
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\IAN & CAR REMTAL
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SAM BRADING
srEC'^L FLEET COQRDJI"JA TOR
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PRICeLlST JANUARY 1"1'993':." .-''':1t;.:,::t--,.,...
:;..~:..:....: ".. ;'-~:<\~';:;~~'/" "':";:::'~:':'.:;"'~"<'::.':'~' -.:~\}!{t.~~~
',:' TYPE:.,'..~:. ", - ""!'''~'; MONlHLYRATE
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. .' . ':~ -':., 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.
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'.,.:;,.,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, . -"
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8(;55 J().I~N CAnPtNTER FREEW~VJ'bAllAS, TEXAS 75241 (214) 630.6555
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