HomeMy WebLinkAboutContract 52176 CITY SECRETARY
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CompanvTWO Leasing
EQUIPMENT LEASE
THIS EQUIPMENT LEASE (Lease) is made and effective this 5th day of April, 2019,by and
between Company Two Leasing,LLC (Lessor),and City of Fort Worth(Lessee).
WHEREAS Lessor desires to lease to Lessee,and Lessee desires to lease from Lessor,certain
tangible personal property.
NOW,THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth,
the parties hereto agree as follows:
Lease- Lessor hereby leases to Lessee,and Lessee hereby leases from Lessor,the following
described equipment (Equipment): 99 E-One Titan 6x6 VIN: 4ENDAAA85X1009967
Term -The term of this Lease shall commence on the 15th day of April, 2019 and shall expire 18
months thereafter.
Rent and Deposit-The monthly rent for the Equipment shall be paid in advance in installments
of 7.000.00 dollars ($) each month, to begin on the 15th day of April, 2019 and on the same day
of each succeeding month throughout the term hereof. Payment shall be sent to Company Two
Leasing at 283 Foster Street.,Varnville.SC 29944,or at such other place as Lessor may
designate from time to time. Lessor may levy a late payment charge equal to one percent(1%)
per month on any amount that is ten days overdue.
Lessee shall pay a deposit in the amount of 18,000.00 dollars ($) prior to taking possession of
the Equipment. This includes the first month lease and round-trip shipping fees.
M,g- Lessee shall use the Equipment in a safe and appropriate manner and shall comply with
and conform to all national, state,municipal,and other laws,ordinances and regulations in any
way relating to the possession,use or daily maintenance checks of the Equipment.SEE
ADDITIONAL NOTES BELOW.
LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Repairs- Lessee,at its own cost and expense,shall keep the Equipment in good repair&
working order via daily&weekly checks&normal daily PM Service measures,Lessor will be
notified immediately for any issues that are thought to be a problem...SEE ADDITIONAL NOTES
BELOW.
Doss and Damage- Lessee hereby assumes and shall bear the entire risk of loss and damage to
the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or
any part thereof shall impair any obligation of Lessee under this Lease.
In the event of loss or damage of any kind whatever to the Equipment,Lessee shall,at Lessor's
option:
Place the same in good repair.condition and working order: or
Replace the same with like equinm,, ent in good repair,condition and working order: or
_Pay to Lessor the replacement cost of the Equipment.
Surrender- Upon the expiration or earlier termination of this Lease, Lessee shall return the
Equipment to Lessor in good repair,condition and working order,ordinary wear and tear
resulting from proper use thereof excepted,by delivering the Equipment at Lessee's cost and
expense to such place as Lessor shall specify within the city or county in which the same was
delivered to Lessee.
Insurance- Lessee shall procure and continuously maintain and pay for all risk insurance
against loss of and damage to the Equipment for not less than the full replacement value of the
Equipment,naming Lessor as loss payee,and liability and property damage insurance with limits
as approved by Lessor, naming Lessor as additionally named insured and a loss payee.The
insurance shall be in such form and with such company or companies as shall be reasonably
acceptable to Lessor. Lessee shall provide Lessor with an original policy or certificate evidencing
such insurance.
Taxes-Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances.
Lessee, or Lessor at Lessee's expense,shall report,pay and discharge when due all license and
registration fees,assessments,sales, use and property taxes,gross receipts,taxes arising out of
receipts from use or operation of the Equipment,together with any penalties or interest thereon,
imposed by any state, federal or local government or any agency,or department thereof,whether
or not the same shall be assessed against or in the name of Lessor or Lessee.
Indemnity-Lessee shall indemnify Lessor against,and hold Lessor harmless from,any and all
claims,actions,suits,proceedings,costs,expenses,damages and liabilities, including reasonable
attorney's fees and costs,arising out of,connected with,or resulting from Lessee's use of the
Equipment, including without limitation the manufacture,selection,delivery,possession,use,
operation,or return of the Equipment.
Default-If Lessee fails to pay any rent or other amount herein provided within ten (10) days
after the same is due and payable,or if Lessee fails to observe,keep or perform any other
provision of this Lease required to be observed,kept or performed by Lessee,Lessor shall have
the right to exercise any one or more of the following remedies:
To declare the entire amount of rent hereunder immediately due and payable without notice or
demand to Lessee.
To sue for and recover all rents.and other payments.then accrued or thereafter accruing.
To take possession of the Equipment.without demand or notice.wherever same may located,
without any court order or other process of law. Lessee hereby waives any and all damages
occasioned by such taking of possession.
To terminate this Lease.
To pursue any other remedy at law or in equity.
Notwithstanding any r�p�ssession or any other action which Lessor may take. Lessee shall be
and remain liable for the full Perfamance of all obligations on the part of the Lessee to be
performed under this Lease.All of Lessor's remedies are cumulative and may be exercised
concurrently or se arp ately.
Bankruptcy- Neither this Lease nor any interest therein is assignable or transferable by
operation of law. If any proceeding under the Bankruptcy Act,as amended,is commenced by or
against the Lessee,or if the Lessee is adjudged insolvent,or if Lessee makes any assignment for
the benefit of his creditors,or if a writ of attachment or execution is levied on the Equipment and
is not released or satisfied within ten (10)days thereafter,or if a receiver is appointed in any
proceeding or action to which the Lessee is a party with authority to take possession or control
of the Equipment, Lessor shall have and may exercise the option to,without notice,immediately
terminate the Lease.The Lease shall not be treated as an asset of Lessee after the exercise of said
option.
Ownership-The Equipment is,and shall at all times be and remain,the sole and exclusive
property of Lessor;and the Lessee shall have no right,title or interest therein or thereto except
as expressly set forth in this Lease.
Additional Documents- If Lessor shall so request,Lessee shall execute and deliver to Lessor
such documents as Lessor shall deem necessary or desirable for purposes of recording or filing
to protect the interest of Lessor in the Equipment including,but not limited to a UCC financing
statement.
Entire Agreement-This instrument constitutes the entire agreement between the parties on
the subject matter hereof and it shall not be amended,altered or changed except by a further
writing signed by the parties hereto.
Notices-Service of all notices under this Agreement shall be sufficient if given personally or by
certified mail,return receipt requested,postage prepaid,at the address hereinafter set forth,or
to such address as such party may provide in writing from time to time.
NOT
• Vehicle will be delivered mechanically sound &ready for front line fire service,
necessary firefighting agents (may or may not be supplied) with this particular
lease.
• ANY Cot owned vehicle will be kept inside a housed building/Fire Department.
Lessee is also responsible for keeping the vehicle from freezing temperatures while
not in actual use, Lessor is not responsible for any&all foam loss due to freezing
temperatures. Additional (service charges)will be applied for vehicles not being
housedM
• All vehicles must stay connected to air&electric shore line connections to keep
vehicle up to operational status. (20amp dedicated breaker required per vehicle)
• All vehicles will not charge batteries unless RPMs are at 1500 or higher.
REPAIRS:
• Upkeep: Lessee is responsible for maintaining all vehicle fluids &air levels.
• Problems: Lessor must be notified via (phone&or e-mail)of any vehicle
discrepancies found.
Contact one of the following:
Quincy Jones @ 770-598-3473 or e-mail to-stationinc@aol.com
Don (DJ) Kelly @ 803-847-2346 or e-mail to- diknowsitallOaol.com
Lessor
Witness
Date
.If to Lessee:
ssee
Witness
r ,
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
FORT WORTH
ADDENDUM TO AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
COMPANY TWO LEASING,LLC
TITLE OF AGREEMENT: Equipment Lease("the Agreement")
Notwithstanding any language to the contrary in the attached Agreement presented by Company Two
Leasing, LLC ("Lessor") for equipment leasing, the City of Fort Worth ("Lessee") and Lessor
(collectively the "parties") hereby stipulate by evidence of execution of this Addendum ("Addendum")
below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby
agree that the provisions in this Addendum below shall be applicable to the Agreement as follows:
1. Insurance: The Lessee is a governmental entity under the laws of the state of Texas and pursuant to
Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-
insured and therefore is not required to purchase insurance. To the extent the Agreement requires the
Lessee to purchase insurance, the Lessee objects to this provision and will provide a letter of self-insured
status as requested by Lessor.
2. Indemnity: All of Lessee's obligations for indemnification of Lessor in the Agreement are only to the
extent allowed by law. Nothing contained in the Agreement shall ever be construed so as to require
Lessee to create a sinking fund or to access, levy, assess, and collect any tax to fund its obligations for
indemnification under this Agreement.
3. No Debt: In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that
all obligations of the Lessee hereunder are subject to the availability of funds. If such funds are not
appropriated or become unavailable,the Lessee shall have the right to terminate this Agreement except for
those portions of funds which have been appropriated prior to termination.
4. Default: Prior Lessor's exercise of any remedies, Lessor must give Lessee written notice of such
default and thirty (30) days from the date of the notice to cure the default, provided that if such default
requires longer than thirty (30) days to cure, and Lessee is diligently pursuing the cure, Lessee may have
such time as is required to cure the default.
5. Use and Repair Lessee shall return the Vehicle with the same levels of all operational fluids to include
Foam & or Dry Chemical Agent as it has when it is delivered to Lessee, as documented in writing by the
parties at the time of delivery. Lessor shall provide maintenance for any issues with the Vehicle that are
not caused by Lessee's negligence.
6. Confidential Information: The Lessee is a government entity under the laws of the State of Texas and
all documents held or maintained by the Lessee are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that the Lessee maintain records in violation of the
Act, the Lessee hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect.
7. Addendum Controlling: If any provisions of the attached Agreement, conflict with the terms herein,
are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of the Lessee,
the terms in this Addendum shall control.
CITY OF FORT WORTH: COMPANY TWO LEASING, LLC
By: By:
Name: Valerie Washington Name: uincy Jones
Assistant City Manager Title: Owner—Company Two Fire
Date: �A<<q " VQRr ate: ,4 4�;t
ATTEST: ~
*,
By. * • `
Ci Se ret
APPRO�ED AS FORM AND LEGALITY:
By:
Assistant City Attorney
Contract Authorization:
M&C: N/A
Date Approved:
CFW/Form Addendum
Page 2 of 2
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Michael Kazda for:
Mark Rauscher /
Name of Employee/Si re
Fire Assistant Director
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX