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TRAILERLEASE AGREEMENT
NT
This Agreement made this 114' day of 6 2010 by and between
Sysco Food Services of Austin, 101 S. Chisholm Trail, Round Rock, Texas 78681 ("Lessor")
and the City of Round Rock, Texas, 221 E. Main Street, Round Rock, Texas 78664 ("Lessee").
In consideration of the mutual covenants and promises contained in this Agreement, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as fbllows:
1, Lease. Lessor leases to Lcssce and Lesscc hires from Lessor the trailer(s) identified
on Exhibit A attached Thereto for a term as indicated on Exhibit A and for the location indicated
on Exhibit A (individually or collectively, the "Trailer".)
2. Rental. As rent for the Trailer, Lessee shall pay to Lessor the amount set forth on
Exhibit A. Whenever required, Lesscc also shall pay to Lessor any sales, use or similar tax,
which at any time during the term of this Lease may be unposed on the letting herein provided.
Lessee shall pay rental fees within 30 days of receipt of an invoice from 1,essor.
3. Delivery and Location. Lessor shall deliver the Trailer to the location specified on
Exhibit A or to such other locations reasonably specified by Lessee in any manner as Lessor., in
its sole discretion, may elect, and Lessee shall be solely responsible for and shall indemnify and
hold Lessor harmless from any liability or expense including reasonable attorneys' fees, arising
out of damage to any person or property due to the location of the Trailer.
it. "Trailer Use.
A. Trained to 1 Jse. , es jee wnrra.lt3 that t .td -its agents -have -been trained -in -the
operation of the 'T'railer's rcfrigeFation.systeIn...if-so-equipped: Lessee shall ensure that its duly
authorized agent or representative is present at the time of the delivery of the Trailer. Upon
delivery of the Trailer by Lessor, Lessee shall be deemed to have accepted the "frailer unless
Lessee through its authorized agent or representative rightly rejects the Trailer at the time of
delivery as being defective, unsafe or inconsistent with specifications agreed upon between
i .essor and Lessee. LESSOR MAKES NO WARRAN'f'I h;ti, 1-;XPRESS OR [MP1,IED, OF ANY
KIND CONCERNING THE TRAII,F.R, INc[,l_!1)INU NO IMPLIED WARRANTY OF
MERCHANTABILITY AND N() IMPL1i.11) WARRANTY OF FITNESS FOR ANY
PAI('i.'IUULAR PURPOSE.
R. Impermissible Uses. Lesscc shall operate the Trailer in compliance with all
federal, state and local laws and in a reasonable and safe manner. Lessee shall not use or permit
the 'Trailer to be used for any illegal purpose or for the transportation or storage of any material
deemed extra hazardous by reason of being (i) explosive, (ii) inflammable or (iii) hazardous
waste or a hazardous substance or some other regulated category of waste as defined by
applicable law, ordinance, rule or regulation. Lessee shall indemnify and hold Lessor harmless
from and against all damages and expenses, including reasonable attorney's fees, sustained by
Lessor as a .result of any such impermissible use.
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C. L)atnagc to Goods. Title Lessor shall not be responsible fir loss or damage to
any goods or other property in the 'Trailer at the time of delivery or placed or carried in the
Trailer after delivery to Lessee, arising from any cause whatsoever. Lessee acknowledges that
title to any product located in the Trailer shall transfer to Lessee upon delivery of the Trailer to
I,essee. Lessor may, in its sole discretion and without any obligation to do so, accept the return
of "saleable" product. Lessor shall not be responsible for any product iloncotrtcrrmity as to
quantity, quality or price, unless noted on the original delivery receipt at the time of delivery of
the 'Tai ler to Lessee.
5. Maintenance,
A. Repairs, Lessee shall bear all expenses of maintaining the leased Trailer in
good operating condition and shall be responsible ibr the cost of repairs and replacement of the
't'rtiler's parts or equipment, including, but not limited to, ramps, bulkheads, wheels, tires, doors,
flooring, interior and exterior panels, and refrigeration unit, if damaged by '1.cssee or its agents in
any respect during the terra of this Lease. Lessee is expressly forbidden to repair or attempt to
repair the Trailer without the Lessor's prior consent. In the event the Trailer requires any such
repairs ur replacement, Lessee shall give immediate notice to Lessor which shall have the option,
but not the obligation, to perform such repairs or replacement itself, the cost of which Lessee
immediately shall reimburse Lessor, or to require I .essee to cause any such repairs to be made as
Lessor otherwise shall direct.
H. Refueling. Lessee .-.is...r=e: pimsib#or the purchase and -filling of fuel after
depiction o the -fuel tank's s - - 41 -not give-1-..essee any cre4#it€ora- unused
fuel.
SS , • cg. $75.00 for the`
s- crs-rte t et-ttettetJ--fo-SYSCO _-fs{fll afteosed -a-€Heb
S.00 -re .non -anti ,.'i1r he invoicefie-tire Lessee,
(', T: liriing/Maiutenaticc. Lessee-.-acktlowlei
operation of the Trailer's rcfrigcrftien system (if—so equipped).
•1 pe d).
obligations will include monitoring the fuel -gauge 2 3 tiinea daily,
ae- refr-igeFati a�ubi }ted ,
ges that it luta heal trained in. the
ill
Liri o:&s- mftintenaH e
l a:Thm tt inirlg-reef len ended
h lite- nfl tion roil , b akes-ail
lighting.
U. Permits. Lessee shall be responsible, at its sole cost and expense, for
maintaining during the terra of. this Agreement, all permits, registrations or licenses (the
"Permits") which are required by the state, district, municipality or agency where the Trailer is
located, used and/or operated by Lessee.
6. Indemnificationm, lessee hereby agrees 10 indemnity, defend and hold Lessor, its
subsidiaries, affiliates, divisions and/or agents, servants, employees, officers, directors, and
assigns (and any third party to whom any of the foregoing may owe a similar obligation pursuant
to contract, lease agreement or operation of law), hereinafter collectively referred to as
"Indemnitee," harmless from any suits, claims, losses, damages or expenses, including
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reasonable attorney's fees and expenses, which any indemnitee may suffer, sustain or incur as a
result of or• in connection with the operation, use, maintenance or possession by Lessee of the
Trailer.
7. Release. In consideration for the use of the Trailer by Lessee, Lessee does hereby
release, discharge and acquit Lessor from any and all claims, actions, causes of action, demands,
liabilities, damages, costs and expenses whatsoever which Lessee now has or may hereafter have
on account of Lessee's operation, possession 1llaintenance and/or use of the "1'raiier.
8. Holding ()ver. Any holding over by the Lessee at the expiration of the term of the
lease hereof shall, in the absence of any agreement to the contrary, create a tenancy from day-to-
day, with rent payable on a pro -rated basis at 5:00 EST each day at the principal address of
Lessor, and all other terms and conditions hereof shall remain in effect.
9. Condition of Trailer. Lessee agrees to return the Trailer to Lessee in the same
condition as delivered to Lessee. Tt will be presumed, unless indicated in writing; to the contrary,
that the Trailer is in good repair and operating condition at the time of delivery to Lessee. Lessee
further agrees to cause the Trailer, at its sale cost and expense, to be repaired and returned to
gond operating condition and repair (or alternatively reimburse Lessor fir the cost thereat) in the
event of any damage to or breakdown of any Trailer during its use by Lessee.
10. Insurance. Lessee shall maintain such insurance in such amounts as described below
as will protect Lessor and Lessee from any damages arising as a result of Lessee's use, operation,
maintenance or possession of the Trailer. Lessee shall furnish a cer•tificat.e acceptable to Lessor
that Lessee has in effect workmen's compensation insurance coverage in the statutory amount,
automobile liability insurance (any auto) in the amount of at least one million dollars
($1,000,000,000), premises liability and commercial general liability insurance coverage
providing such coverage in a liability amount of at least one million dollars ($1,000,000,000) per
occurrence and two million dollars ($2,000,000,000) in aggregate, excess liability or umbrella
Insurance in at least the amount of three million dollars ($3,000,000,000) and physical damage to
tractor/trailer/equipment in the amount of actual cash value with no deductible for collision and
one thousand dollar ($1,000.00) deductible for other than collision. Such insurance shall include
a waiver of subrogation and a requirement of thirty (30) days notice of cancellation, tion -renewal
or reduction of coverage or limits. The automobile, excess liability/umbrella, premises liability
and commercial general liability coverages shall name lessor as an additional insured on a Form
('(320-26.
11. Notice. Any notice, request, demand or other communication, document or
instrument which may be required or permitted to be furnished by one of the parties hereto to the
other hereunder, shall be deemed sufficiently furnished or served if in writing and (1) delivered in
person, or (ii) mailed (by first class mail, registered or certified and postage prepaid), or (iii)
telexed or telcfaxcd, to the party entitled thereto, addressed as follows or such other address as
the patty entitled thereto may have prior thereto specified by notice given as contemplated in this
paragraph 1 1:
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11' to Lessee:
11 to Lessor:
City of Round Rock, Texas
City Manager's Office
221 E. Main Street
Round Rock, 'I'X 78664
Phone: 512-218-5401
Fax: 512-218-7097
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Sysco Food Services of Austin
101 S. Chisholm Trail
Routed Rock, TX 78681
Phone: 512-388-8000
12. I1tKIirl .Effect. .This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors, legal re.presernative`, and ;isstgns, and jurisdiction shall be in
Williamson County, 'Texas, Lessee imiy riot assign, pledge, or otherwise encumber this lease or
any interest therein or sublet the Trailer tivithout Lessor's written consent, nor shall Lessee
encumber or otherwise suffer any lien to be placed a>~,�linst the Trailer, or abandon o1' conceal the
1'rai ler.
13, 1.,tttil.(7_,l gree;iiiti:lil. This Agreement represents the entire agreement between parties.
This Agreement shall not be modified or amended except by an agreement in. writing sighed by
the parties,
1N W1"1'NFSS W1 IF.R12.()F, the parties have cause these presents to be executed the clay
and year first above ‘vritte n.
1 J SSOR: SYSCO FOOD SERVICES 01? A US`i'IN
1 JESSE 11::
A
13y:
Printed Name: JIvcs.. f4.45/14aac*
Title.. r -4e A
Date S i gn eel : _-_G_._�.g.._
c' 1 T o f ,I 0 t J N t) ROCK, TEXAS
Printed N
Title:
Date Signet
_ t H o
FOR C
APP 1t()'VE AS TO FORM:
Sara T. White, City ,Secretary Step ian
11
Sheets, City A.t torncy
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EXHIBIT A
TRAILER IDENTIFICATION:
Model/Make:
identification No.:
DELIVERY CHARGE: S-7-570-0 Not applicable
PICK Ui' CIIARGE: $75.00 Not applicable
DAILY RENTAL FEE: X9.00 Nut applicable
Or['IONS AVAILABLE
WEEKEND RENTAL FEE: $IS8:0O Not applicable
WEEKLY RENTAL IOW: $250700 Not applicable
SYSCO'S FUELING CHARGE: $75,00--FCTIIE, SEnVICF CALL PLUS $5.00- I R
C-A-I-,LON Not applicable
RENTAL AMOUNT: $0, as this trailer is provided free of any charges to the
City of Round Ruck for its use at a City July 4th event.
T1 1(MS OF THE LEASE:
From: , J� �. A100 To:
LESSEE LOCATION OF TRAILER:
r)/(. 5""" q-(14,- 7100 /97/1
3200 a. �n� �/a /l &
!Street address]
(City, state, zip]
5
2010-06-30 09:42 Sysco Austin
M
IIYTE<RoovEII WDrTAI- RraK-�g1{fr.
TML- RP Contract Number:
3127
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Certificate of Coverage
Member:
Round Rock
Mc Hassan Farhat
Safety/Risk Manager
221 E Main Ave
Round Rock,Texas 78664
Company Affording Coverage:
Texas Municipal League Intergovernmental Risk Pod
PO Box 149194
AustJn, TX 78714-9194
(512) 491-2300 or (800) 537.6655
rax: (512) 491.2404
Certificate Holder:
Sysco Austin. Inc.
101 S. Chisholm Trail
Round Rock, TX 78681
This is to certify that the coverages listed below have been provided to the member end are in effect at this time. Notwithstanding any requirements
terms. or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage
the Texas Municipal League Intsrpoverrenental Risk Pool (TML -IRP) described herein is subject only to the terms, exclusions and additions
IBP'>i coverage contracts between TIM. -IRP and its member(s). Coverage is continuous until canceled.
afforded by
of TML-
General Liability Effective pate;
Anniversary Date:
Limits of Liability (Eath Occurrence): 51.000.000
10/1/2009
Real & Personal Property
Units of Coverage:
Deductible per Occurrence:
Effective ate:
Anniversary Date:
10/1/2010
_
Sudden Events involving Pollution
(Each Occurrence); 51,000,000
Effective pate;
Anniversary Date;
Annual Aggregate; 52,000,000
MObile Equipment
Limits of Coverage:
Deductible per Occurrence:
Deductible per Occurrence: 52,500
Law Enforcement Liability Effective Date:
Anniversary Dato:
Limits of Liability (Each Occurrence):
_
Boller & Machinery - Broad Form
Per Accident limit;
Deductible per Occurrence:
Effective Date:
Anniversary Date:
Annual Aggregate:
Deductible per Occurrence:
Errors and Omissions Liability Effective Date:
Anniversary Date:
Limits Of Liabtlity(Eacfi Wrongful Act): ._..
Mortgagee
Loss Payee
Loan Number,
Yes No
Annual Aggregate:
-
Deductible per Occurrence:
- -
VIN
Value -
Auto Llabhhy - Effective Date:
Anniversary Date:
Limits of liability (Each Occurrence): 51,000,000
10/1/2009Ti►B iMake/Model
10/1/2010
_
`Deductible per Occurrence: 52,500
Auto Physical Damage Effective Date:
Anniversary Dale:
Limits of Liability:ACV or �Mrcf Value
J
10/1/2009 -
10/1/2010
_
a6 scheduled
- '—
Collision Deductible: 52,500
----------
_ .•
Comprehensive Deductible: S2,500
Y
Yes No ---
Loss Payee: J X Lean Number;
-
____ _____
DE CRtPTION:
Evidence of coverage for use of Sysco's watermelon coding trailer for the City's July 4, 2010 celebration at Old Settlers Park lo be held July 2-6, 2010.
CancellAton. Should any of the above described coverages be canceled before the anniversary date thereof, TML -IRP will endeavor to mall
30 days written notice to the above named certificate holder, but failure lo mall such notice shall impose no obligation or liability of any kind
upon TML•tRP,
Aut • ', • Representative
Data Issued
6/25/2010
X102
10/15/08
2010-06-30 09:42
amogrummi
TML
Ip rt*LXwcNJMudTAL RISK POOL
Sysco Austin
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Certificate of Coverage
1naL4RP Contract Numver_ 1414.
Member:
Round Rods
Mr NaBSan Fafiat
Safety/Risk Manager
221 F. Main Ave
Round Rock.Texas 78664
-- - -
Company Affording Coverage:
Texas Municipal League Intergovernmental Risk Pool
PO Box 149194
Austin, TX 78714-9194
(512) 491-2300 or (800) 537.6655
Fax; (512) 491-2404
Certificate Holder:
Sysco Corporation, Its Subsidiaries, Affiliates and Divisions
1390 Enclave Pkwy
Houston, TX 77077
This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any
requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the
coverage afforded by the Texas Municipal League Intergovernmental Risk Pool (TML -IRP) described herein Is subject only to the terms,
exclusions and additions of TML-IRP's coverage contracts between TML -IRP and its mamber(s). Coverage is continuous until canceled.
Workers' Compensation
Effective Date: 10/1/2009 Anniversary Date; 10/1/2010
Limits of Liability: Statutory
DESCRIP'T'ION:
Evidence of coverage far Sysco Corporation, Its Svbsidiarie$, Affiliates and Divisions for use of Sysco's watarmalon cooling trailer for the City's July 4,
2010 celebration at Old Settlers Park to be held July 2-6.2010.
Cancellation: Should any of the above described coverages be canceled before the anniversary data thereof. TML -IRP will endeavor to mail
30 days written notice to the above named certificate holder, but failure to mall such notice Shea irnpose no obligation or liability of any kind
upon TML -IRP,
Authorized Representative
Date Issued
6/30/2010
X119
10/15/08
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
City Manager Approval Summary Sheet
Consider executing "Trailer Lease Agreement" with Sysco Food Services of Austin, LP for
donation of refrigerated trailer for July 4th event.
Approval Date: June 11, 2010
Department: PARD
Project Manager: Randy Gordon
Item Summary:
The City is sponsoring the July 4th Fireworks Celebration at Old Settler's Park at Palm Valley on Sunday July 4, 2010.
As part of the celebration, Sysco Austin Inc. shall provide a refrigerated trailer for watermelons for the event. The
agreement is for delivering and picking up the trailer and for managing fuel during the time that it is in the park.
Strategic Plan Relevance: Places and Spaces
Cost:
Source of Funds:
No cost for trailer
Not applicable
REV. 3/8/10
1019 09
Request for City Council/City Manager Action
ED City Council 111511 City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: PARD
Contact Person: Mary Fusilier / Tracy Tackett
Project Mgr/Resource: Randy Gordon, Parks Manager
Project Coordinator: Randy Gordon, Parks Manager
Assigned Attomey: J. Kay Gayle
City Council or City Manager Approval Date:
Agenda Wording
r
Formlrnisttigtise ONLY
Received:
Tag #:
arniereMi=
Original Documents Received:
Project Name: Refrigerated Trailer Lease Agreement (donation)
ContractorNendor: Sysco Food Services of Austin, L.P.
Funding Source: General Fund
Additional funding Source:
Amount: o
Account Number:
11 -Jun -10
Consider executing "Trailer Lease Agreement" with Sysco Food Services of Austin, LP for donation of refrigerated trailer for July 4th event.
Finance Information
Is Funding Required? Yes El No
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity EUnforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action below)
Amount
Required for Submission of ALL
Project Mgr. Signature:
Dept. Director Signature:
'City Attomey Signature:
City Manager Signature:
Date:
ix t to\ 1 10
!�-( I- it
t0-ii-1�
*City Attorney signature is required for all items.
REVISED 6/9/2010