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R-97-10-23-10G - 10/23/1997%:\ WPDOCS \RESOLUTI \RS71S33O.WPD /kah RESOLUTION NO. R- 97- 10- 23 -10G WHEREAS, the City of Round Rock has a 1977 Pierce fire truck which is considered as a reserve truck, and WHEREAS, the Fire Department foresees no immediate need for the truck, and WHEREAS, the City Council wishes to lease the truck to the Austin Community College - Taylor Fire Training Academy for the public purpose of training firefighter recruits, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a vehicle lease agreement with Austin Community College - Taylor Fire Training Academy, to lease that certain 1976 Pierce fire truck, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of October, 1997. ATTEST: LAND, City Secretary 2 CHARLES CULPE ER, Mayor City of Round Rock, Texas FIRE TRUCK LEASE AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND AUSTIN COMMUNITY COLLEGE AGREEMENT THE CITY OF ROUND ROCK ,TEXAS, ("Lessor "), located at 221 East Main Street, Round Rock, Texas, 78664, leases to AUSTIN COMMUNITY COLLEGE - TAYLOR FIRE TRAINING ACADEMY, ( "Lessee "), located at 114 w. 2nd Street, Taylor, Texas, 76574, that certain reserve fire truck, ( "Vehicle "), listed below. Lessor and Lessee hereby agree upon the following terms and conditions: ARTICLE 1 -- TERM This Agreement becomes effective on October 24, 1997, and shall continue until October 31, 1998 unless terminated earlier by either party as provided for herein. ARTICLE 2 -- VEHICLE 2.01 The Vehicle is described as follows: Manufacturer: Pierce Year: 1976 - delivered 3/77 Chassis: Ford VIN: F6EV020744 Mileage: 27,146.2 (as of 10/13/97) Pump: Waterous Company Date: 12/76 Serial #: 51778 2.02. Substitution Vehicle. Lessor has no duty to furnish a substitute vehicle if the Vehicle is out of service for any reason. 2.03. Title and Registration. Title to and registered ownership of the Vehicle will remain in Lessor. Lessee will acquire no right, title, equity, or other interest in the Vehicle. 3.01. Rent. (a) Lessee agrees to pay Lessor the total rental amount of THREE THOUSAND SIXTY FOUR AND 52/100TH DOLLARS ($3,064.52), payable in equal, consecutive, monthly installments of TWO HUNDRED FIFTY AND NO /100TH DOLLARS ($250.00), except for the first installment. The installments fall due on the 1st day of each month. (b) The first installment of rent is due and payable October 24, 1997. The first installment will be in the amount of the pro -rated portion of the normal monthly rental C - \ TEXT \CITY \ROUNDROC \ FORMS \VEIII.EA$E. FM /kah ARTICLE 3 -- PAYMENTS BY LESSEE 1 period plus the installment amount for the month of November 1997, for a total of THREE HUNDRED FOURTEEN DOLLARS AND 52/100TH DOLLARS ($314.52). 3.02. Licenses and Taxation. Any and all taxes and license charges which may be levied on, or assessed against, the Vehicle leased under this Agreement shall be borne by Lessee, including taxes and license charges levied or assessed by any tax or licensing authority on account of the ownership, lease, or operation of the Vehicle during the term of the Agreement. Lessee must reimburse Lessor for any payments made to license the Vehicle. ARTICLE 4 -- OPERATION AND MAINTENANCE 4.01. Ordinary Use. Lessee promises to operate the Vehicle only in the normal and ordinary course of Lessee's business, and not in violation of any law, rule, regulation, statute, or ordinance. Lessee promises to indemnify and hold Lessor harmless from and against all fines, forfeitures, seizures, confiscations, and penalties arising out of any violations. 4.02. Use of Additional Equipment. Whenever Lessee operates the Vehicle with equipment not included on the Vehicle upon delivery by Lessor, Lessee warrants that the equipment will be in good operating condition. Lessee promises to indemnify and hold Lessor harmless against any claim or loss or damage resulting from Lessee's failure to maintain such equipment properly. 4.03. Lessee to Provide Maintenance, repairs, fuel. Lessee agrees, at its sole cost, to maintain the Vehicle in good operating condition, make or authorize all repairs and adjustments to the Vehicle, as necessary, and provide fuel for the Vehicle. ARTICLE 5 -- INSURANCE AND INDEMNITY 5.01. Liability Insurance. (a) Lessee is responsible, at its sole cost, for procuring and maintaining automobile Liability insurance in the minimum amount necessary to comply with state law financial responsibility requirements applicable to the Vehicle. The policy must provide that coverage may not be canceled or materially altered without 30 days' prior written notice to both parties. (b) Lessee must furnish certificates to the other party to evidence compliance with this provision prior to utilizing the Vehicle. 5.02. Indemnity. (a) If Lessee fails to procure and maintain Liability Insurance it agrees, to the extent allowed by law, to indemnify and hold Lessor harmless from and against any claims or causes of action for death or injury to persons or Toss or damage to property arising out of or caused by the ownership, maintenance, use, or operation of the Vehicle. 2 (b) In addition to the above obligations to insure the Vehicle and to indemnify Lessor in the absence of such insurance, Lessee agrees, to the extent allowed by law, to release, indemnify, and hold Lessor harmless from and against any claims or causes of action for death or injury to persons or loss or damage to property that exceed the limits of Liability Insurance required by Paragraph 5.01 if the loss, damage, or claim results from or is connected to the ownership, maintenance, use, or operation of the Vehicle. Lessee further agrees, to the extent allowed by law, to release, indemnify, and hold Lessor harmless from any claims or causes of action that exceed policy limits that Lessor is statutorily required to pay and that Lessor would not be required to pay under the terms of this Agreement. 5.03. Physical Damage Responsibility. At all times during the lease term, Lessee must procure and maintain, at Lessee's expense, insurance covering physical damage to the Vehicle. To the extent not covered by insurance procured by Lessee on which Lessor is listed as an insured, additional insured, or loss payee, Lessee bears the risk of loss, damage to, or destruction of the Vehicle, whether resulting from fire, theft, governmental action, collision, or any cause whatever. 5.04.Notice of Accident. Lessee agrees to notify Lessor immediately of any accident or collision involving the use of the Vehicle. Lessee agrees to make a detailed report to Lessor concerning such collision in writing as soon as practicable, by the most expedient means of communication available. Lessee further agrees to render any other assistance to Lessor and any insurer in the investigation, defense, or prosecution of any claims or suits. ARTICLE 6 -- BREACH OR DEFAULT If Lessee breaches or defaults on any of the obligations of this Agreement, Lessor may immediately, without notice or demand, take possession of the Vehicle, together with any equipment and accessories. In order to repossess the Vehicle, Lessor is entitled to enter any premises where the Vehicle is located. If Lessee's breach or default continues for 20 days after written notice has been mailed to Lessee, Lessor may terminate the lease of the Vehicle. ARTICLE 7 -- TERMINATION 7.01 Termination. Either party may terminate the lease before the expiration of its term by giving the other party at least 30 days' prior written notice. 7.02 Retum. Lessee will promptly return the Vehicle to Lessor at the end of the term of this Agreement, to Lessor's facility located at 203 Commerce Street, Round Rock, Texas, 7864. 3 ARTICLE 8 -- NO WARRANTIES BY LESSOR LESSOR MAKES NO REPRESENTATION, COVENANT, OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, MERCHANTABILITY, QUALITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PROPERTY LEASED BY THIS AGREEMENT, EXCEPT THAT LESSOR WARRANTS THAT IT WILL HAVE TITLE TO EACH ITEM OF PROPERTY AT THE TIME SPECIFIED FOR DELIVERY. WITH RESPECT TO LESSOR'S DUTY TO LESSEE, IT IS EXPRESSLY AGREED THAT LESSEE LEASES THE PROPERTY "AS IS" AND "WITH ALL FAULTS." LESSOR IS NOT LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF THE LEASED PROPERTY TO OPERATE OR THE FAULTY OPERATION OF THE LEASED PROPERTY. LESSOR IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE INSTALLATION, OPERATION, OR USE OF THE PRODUCTS FURNISHED BY LESSOR. ARTICLE 9 -- GENERAL PROVISIONS 9.01. Attorney's Fees. Lessee shall pay Lessor all of Lessor's costs and expenses, including reasonable attorney's fees, incurred in collecting amounts due from Lessee or in enforcing any rights of Lessor under this Agreement. 9.02. Assignment. Lessee may not assign this Agreement or any of Lessee's rights under this Agreement without the prior written consent of Lessor. Lessee may not sublease the Vehicle without the prior written consent of Lessor. Lessor's consent to an assignment or sublease does not release Lessee from any obligation under this Agreement. Any attempted assignment or sublease by Lessee without prior written consent shall be void and will confer no rights on the intended assignee or sublessee. 9.03. Modification. Modifications or amendments to this Agreement are valid only when made in a writing that is signed by all contracting parties. Oral agreements purporting to modify or amend this Agreement are void and of no effect. 9.04. Waiver. The provisions of this Agreement may be waived only by means of a writing that is signed by all contracting parties. No delay or omission by either party to exercise any remedy or right accruing on default impairs any remedy or right under this Agreement. An express, written waiver by either party of any breach of any provision of this Agreement by the other party may not be deemed to be a waiver of the breach of any other provision or of any subsequent breach of the waived provision. 9.05. Parties Bound. This Agreement is binding on, and inures to the benefit of the contracting parties and their respective successors, legal representatives, and assigns when permitted by this Agreement. 4 9.06. Notices. All notices, consents, waivers, or other communications must be sent by certified mail, return receipt requested, and will be deemed to have been given when mailed to the parties at their respective addresses as set forth in the preamble. 9.07. Governing Law. This Agreement is to be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Agreement are to be performed in Williamson County, Texas. 9.08. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter. All previous negotiations, understandings, or written or oral agreements have been merged in this Agreement. 9.09. Severability If any one or more provisions of this Agreement are held invalid, illegal, or unenforceable in any respect for any reason, the remaining provisions remain valid, binding, and effective as if the invalid, illegal, or unenforceable provisions had never been contained in this Agreement. 9.10. Headings. The headings and subheadings of the various Articles and Paragraphs are inserted herein merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the language of the various Articles and Paragraphs. 11 Dated: ��� u fJ c c) 1997 ATTEST NNE LAND, CITY SECRETARY 5 LESSO CITY R Q ROCK, TEXAS CHARLES CULPEI, MAYOR LESSEE AUSTI COMMUNITY COLLEGE DATE: October 13, 1997 SUBJECT: City Council Meeting, October 23, 1997 ITEM: STAFF RESOURCE PERSON: Lynn Bizzell STAFF RECOMENDATION: 10. G. Consider a resolution authorizing the Mayor to execute a agreement with Austin Community College /Taylor Fire Academy for a reserve fire truck. The Fire Department has a 1977 Pierce 750 gallon per minute fire truck we are attempting to sell. We no longer utilize the unit, and have contacted the Round Rock Volunteers, who advised they do not have a need for the unit. An attempt was made to auction the unit locally, but we did not receive any bids. I was contacted by Mr. Goodenow a staff member of the Austin Community College/ Taylor Fire Academy, who was interested in the truck. He advised the fire truck they currently use, has mechanical problems which require repair cost exceeding the value of the truck. He advised they do not have money in the budget to purchase the truck valued at $12,000.00, and was interested in renting the unit from us. After visiting with David Kautz in finance, we proposed renting the unit for $250.00 per month. I advised Mr. Goodenow of the rental price and he received approval from his supervisor. Staff would like to propose renting the 1977 Pierce to Austin Community College / Taylor Fire Academy for $250.00 per month per the agreement.