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CM-11-02-046ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: 2/18/2011 City Manager Approval Summary Sheet Consider executing three Use of Salvaged Vehicle Agreement with State Farm Mutual Automobile Insurance Company for use by the Fire Department during the Department Wide ISO Night Fire Drill. Department: Fire Project Manager: Lewis King Item Summary: The approval of these three agreements between State Farm Mutual Automobile Insurance Company and the City will give the firefighters the means to practice their extrication skills during the Department Wide ISO Night Fire Drill. These vehicles will be donated and the City will not be charged for the use of these vehicles. There will be nine nights of extrication training, starting on February 22, 2011. Strategic Plan Relevance: 30.0 Residents, Visitors, and Businesses continue to experience a high and timely level of public safety, and security. Cost: None Source of Funds: N/A REV. 6/10/10 Claim #59-A691-696 Agreement Regarding the Requested Use of a Salvage Vehicle This agreement between State Farm Mutual Automobile Insurance Company ("State Farm") and (identify specific State Farm Company) Round Rock Fire Department ("Requester") reflects the understanding of each party with respect to the temporary use of a Described Salvage Vehicle ("salvage") owned by State Farm by Requester for the following specific purpose: Department Wide ISO Night Fire Drill. Whereas State Farm is willing to donate use of said salvage for the specific purpose stated herein. State Farm will not accept any liability for injury or property damage that might directly or indirectly result from such use. Requester therefore expressly acknowledges the following: A. Requester agrees that it accepts the salvage in an "as is" condition, and that State Farm has neither warranted the condition of, nor expressed or implied a fitness for any specific purpose or use of said salvage by Requester. B. Under no circumstances shall State Farm be liable to requester or requester's employees or agents for damages of any kind whatsoever relating to requester's use of the salvage. C. Requester at its own expense shall defend and hold State Farm fully harmless against any loss, damages, claims, or expenses of any kind whatsoever, including attorney's fees, incurred by State Farm as a result of the use of the salvage by Requester or Requester's employees or agents. Requester agrees its use of said salvage encompasses the entire period of time beginning when actions are taken to move or transport the described salvage from its present location, and ending when said salvage is returned to State Farm's control at that same location, (or at some other location mutually agreed upon by the parties.) If Requester's use of said salvage does not require movement from its present location, Requester's use begins when preparations begin to test, demonstrate, display, or otherwise use said salvage, and ends at the conclusion of activity associated with such tests, demonstrations, displays, or other usage. Requester agrees to be responsible for all transportation set up and other costs incurred during the actual period of use of said salvage. State Farm acknowledges the described salvage may sustain additional damage while being used by Requester, and agrees to make no claim against Requester for damage to said salvage if sustained as a direct result of the specific purpose stated herein. Requester agrees it will make no claims against State Farm for actual or alleged increases in the value of the described salvage, resulting from Requester's use of said salvage for the specific purpose described herein. Requester may not assign any of its duties under this agreement. DESCRIBED SALVAGE VEHICLE: YEAR: 1999 MAKE: Mazda MODEL: Millenia VIN #7M1TA2217X1517621 ANTICIPATED PERIOD OF USE: February 22, 2011 thru March 10, 2011 NAME OF REQUESTER: City of Round Rock REPRESENTATIVE/TITL teve No ood, City. nager SIGNATURE: X DATE: ala Sia bii STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Identify specific State Farm Company that owns the described salvage) REPRESS TATIVE/'TITLE: , U � - SIGNAT CWIO2O4t DATE: ? '/ e:747)�� Claim #53-G578-135 Agreement Regarding the Requested Use of a Salvage Vehicle This agreement between State Farm Mutual Automobile Insurance Company ("State Farm") and (identify specific State Farm Company) Round Rock Fire Department ("Requester") reflects the understanding of each party with respect to the temporary use of a Described Salvage Vehicle ("salvage") owned by State Farm by Requester for the following specific purpose: Department Wide ISO Night Fire Drill. Whereas State Farm is willing to donate use of said salvage for the specific purpose stated herein. State Farm will not accept any liability for injury or property damage that might directly or indirectly result from such use. Requester therefore expressly acknowledges the following: A. Requester agrees that it accepts the salvage in an "as is" condition, and that State Farm has neither warranted the condition of, nor expressed or implied a fitness for any specific purpose or use of said salvage by Requester. B. Under no circumstances shall State Farm be liable to requester or requester's employees or agents for damages of any kind whatsoever relating to requester's use of the salvage. C. Requester at its own expense shall defend and hold State Farm fully harmless against any loss, damages, claims, or expenses of any kind whatsoever, including attorney's fees, incurred by State Farm as a result of the use of the salvage by Requester or Requester's employees or agents. Requester agrees its use of said salvage encompasses the entire period of time beginning when actions are taken to move or transport the described salvage from its present location, and ending when said salvage is returned to State Farm's control at that same location, (or at some other location mutually agreed upon by the parties.) If Requester's use of said salvage does not require movement from its present location, Requester's use begins when preparations begin to test, demonstrate, display, or otherwise use said salvage, and ends at the conclusion of activity associated with such tests, demonstrations, displays, or other usage. Requester agrees to be responsible for all transportation set up and other costs incurred during the actual period of use of said salvage. State Farm acknowledges the described salvage may sustain additional damage while being used by Requester, and agrees to make no claim against Requester for damage to said salvage if sustained as a direct result of the specific purpose stated herein. Requester agrees it will make no claims against State Farm for actual or alleged increases in the value of the described salvage, resulting from Requester's use of said salvage for the specific purpose described herein. Requester may not assign any of its duties under this agreement. DESCRIBED SALVAGE VEHICLE: YEAR: 2001 MAKE: Pontiac MODEL: Sunfire VIN # 1G2713524717214279 ANTICIPATED PERIOD OF USE: February 22, 2011 thru March 10, 2011 NAME OF REQUESTER: City of Round Rock REPRESENTATIVE/TI : Steve Norwood, City Manager SIGNATURE: X DATE: `45-47 Cil STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Identify specific State Farm Company that owns the described salvage) REPRESEN TIVE/TIyFLE: -� d ' F' / -���ti r /Pk/ %' t' ✓- DATE: 3 - -c 1/ SIGNATURE: attvt.i (..Oo4& Claim #53-G527-737 Agreement Regarding the Requested Use of a Salvage Vehicle This agreement between State Farm Mutual Automobile Insurance Company ("State Farm") and (identify specific State Farm Company) Round Rock Fire Department ("Requester") reflects the understanding of each party with respect to the temporary use of a Described Salvage Vehicle ("salvage") owned by State Farm by Requester for the following specific purpose: Department Wide ISO Night Fire Drill Whereas State Farm is willing to donate use of said salvage for the specific purpose stated herein. State Farm will not accept any liability for injury or property damage that might directly or indirectly result from such use. Requester therefore expressly acknowledges the following: A. Requester agrees that it accepts the salvage in an "as is" condition, and that State Farm has neither warranted the condition of, nor expressed or implied a fitness for any specific purpose or use of said salvage by Requester. B. Under no circumstances shall State Farm be liable to requester or requester's employees or agents for damages of any kind whatsoever relating to requester's use of the salvage. C. Requester at its own expense shall defend and hold State Farm fully harmless against any loss, damages, claims, or expenses of any kind whatsoever, including attorney's fees, incurred by State Farm as a result of the use of the salvage by Requester or Requester's employees or agents. Requester agrees its use of said salvage encompasses the entire period of time beginning when actions are taken to move or transport the described salvage from its present location, and ending when said salvage is returned to State Farm's control at that same location, (or at some other location mutually agreed upon by the parties.) If Requester's use of said salvage does not require movement from its present location, Requester's use begins when preparations begin to test, demonstrate, display, or otherwise use said salvage, and ends at the conclusion of activity associated with such tests, demonstrations, displays, or other usage. Requester agrees to be responsible for all transportation set up and other costs incurred during the actual period of use of said salvage. State Farm acknowledges the described salvage may sustain additional damage while being used by Requester, and agrees to make no claim against Requester for damage to said salvage if sustained as a direct result of the specific purpose stated herein. Requester agrees it will make no claims against State Farm for actual or alleged increases in the value of the described salvage, resulting from Requester's use of said salvage for the specific purpose described herein. Requester may not assign any of its duties under this agreement. DESCRIBED SALVAGE VEHICLE: YEAR: 2003 MODEL: Ranger MAKE: Ford VIN # 1FTYR10U33PA75692 ANTICIPATED PERIOD OF USE: February 22, 2011 thru March 10, 2011 NAME OF REQUESTER: City Of Round Rock REPRESENTATIVE/TIT Steve Norwood, Cit ► anager 44141"%!;0%,..0.01 SIGNATURE: X DATE: J5J.QI c STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Identify specific State Farm Company that owns the described salvage) REPRESENTATIVE/TITLE: SIGNATURE: CJVf(Oz-o'4Lp DATE: 3---/ _ 2-44 (