HomeMy WebLinkAboutContract 35628 CITY SECRETARY
V2712007
RENTAL AGREEMENT LONG TERM CONTRACT NO. O
HOLT TEXAS,LTD.dlbla HOLT CAT,a Texas limited partnership(the"Holt"),and Customer,as Identified below,hereby enter into this Rental Agreement(the"Agreement"),under the following terms and conditions:
HOLT CAT CUSTOMER:
3302.So.W.W.White Rd.-78222 Name
P.O.Box 207916 9`',CITY OF FORT WORTH
San Antonio,TX 78220-7916 Address:41DO COLUMBUS TRL
Name City,County,State Zip
CITY OF FORT WORTH FORT WORTH,TARRANT;TARRANT,TX,76133-7578
�1
11, ddress:4100 COLUMBUS TRL Customer P.O.No.:
ptf CI ty,County,State,Zip AccounI 0441579 Customer Is: Sole Proprietorship Partnership
FORT WORTH,TARRANT;TARRANT,TX,76133-7578
El Corporation ❑Limited liability Company
,s
ShipFrom ppr0x.Shipping Data Cori Name. Rodney Smithey Phone:(617)944-2094
Holt Ft Worth 08/15/2007
Via F.O.B.
Customer Truck Holt Ft Worth
Description of the Equipment covered_by the Agreement(the"Equipment")'
Model Number ID Number Serial Number
938G HLK008417
REF NO ATTACHMENTS DESCRIPTION REF NO -ATTACHMENTS DESCRIPTION "REF N0 ATTACHMENTS DESCRIPTION
Z591852 938GII WHEEL LOADERMA20 2161285 *PRESSURE TAPS,REMOTE 1073747 CUTTING EDGE,BOLT-ON
2591847 •938G II WHEEL LOADER 1035413 OP1056
GUARD,POWERTRAIN INSTRUCTION,NORTH AMERICAANSI
1992842 •AIR CONDITIONER 1074642 OP3380
2592074 'CA6,SLIDING WINDOW i193467 MIRRORB,OUTSIDE MOUNTED OPfifi19 INSTRUCTIONB,ENGLISH
CONTROL,JOYSTICK,2VALVE ROLL ON-ROLL OFF
2492438 `SEAT,AIR SUSPENSION 2151276 BUCKET-GP,3.75 CYD 111gi63 TIRES,20.5 R25•XHA MX L3
2801098 CERT EMISSIONS,EPA
Rental Installments I ured Vale FOR HOLT'S REFERENCE ONLY
None Weekly 0 Monthly PWC Code#`❑213
The amount of each installment of rent payable hereunder by Customer("Rental 150821.00
Installment")shall be the total amount set forth below; Release#CPS 64154
Rental Installment $4725.00 14%ofbase rental amount Salesman's#114
If Customer accepts the FTV Waiver,Customer will be responsible for County Code 6U1
FTV $0.00 loss or damage up to$5000.00 for fire,vandalism,collision,overturn,
explosion,windstorm,hail,lightning,earthquakes,sinkhole collapse,
Subtotal $4725.00 - sprinkler leakage,aircraft,riots,ocean tides,rodents,etc.or
$25,000.00 for theft and good depending upon type of loss,as specified
Sales Tax in the HOLT CAT FTV Waiver Guide, EXTENDED WARRANTY
$0.00 If equipment is shipped by Holt,a transportation charge of$0.00(each The Equipment®is ❑is not covered by
"Dealer's"Hvy.Eq.Tax way)will be billed,plus applicable sales tax. ®CAT Insurance❑HOLT CAT'S warranty in accordance with
$OAO To Be Determined❑Yes®No the Warranty Form attached hereto.Customer acknowledges
receipt of the Warranty Form by initialing in the following space:
Off Road Tax Initials
$0.00 36 Mos.15,000 Hr Powertrain&Hydraulics
UNLESS A WARRANTY IS PROVIDED,AS INDICATED ABOVE,
Other Charges CUSTOMER RENTS THE EQUIPMENT IN AN AS-IS CONDITION,
$0.00 WITH NO WARRANTY,EXPRESS OR IMPLIED.CUSTOMER
Total $4725.00 LIKE Eligible®yes❑n0 ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENTAS•IS
BY INITIALING IN THE FOLLOWING SPACE: Initials
HOLT CAT machines are not to be used in or near salt water.The
customer will pay for all damages resulting from such use.Machines
that have run in sand and have excessive wear will be charged for
the additional wear.
OVERTIME:The above payment installment is based on a single shift rate of 8 hours a day for daily rentals,folly tours a week for weekly rentals,and 160 hours per four week pedod.Customer agrees to pay overtime
hours as 118 of daily rate,1I40 of a 40 hour week rate,or 1I160 of a 160 4 week period.Overtime charges pro-rated based on the invoice rate divided by the maximum number of hours of excess usage.
Rental Term and Payment Dates:Rental Teri 4-week periods,beginning 08/1512007("Commencement Date")
Payment Dates:The Payment Dales shall be the last day of each 4-week period during the Rental Term,
Insurance:
Customer acknowledges receipt of Holes Centel of Insurance Request Form setting out Holes insurance requirements and agrees to provide insurance in accordance therewith: initials
Fire Theft and Vandalism(FTV)Waiver:
If Customer initials here: Customer accepts the FTV Waiver.If not initiated,Customer declines the FTV Waiver,If Customer accepts the FTV Waiver,Customershall pay as additional rental the amount shown
above,which is based on a rate of 14%multiplied by the Equipment Rental Rate invoiced.Customer acknowledges receipt of a copy of the HOLT CAT Fire Theft and Vandalism Waiver Guide: Initials
The FTV Waiver is not available for all rental transactions.Holt may refuse to offer the FTV Waiver in its sole discretion.
PURCHASE OPTION: OPTION PRICE:$150821.00 The purchase will expire on 0211412008.
The Option Price®does ❑does not include the cost of manufacturer's extended warranty.(If neither is indicated the warranty cost is not included in the Option Price).Customer is granted an option to purchase the
Equipment.The following terms and conditions shall apply to Customer's purchase option•.
A.The option is not assignable.
B.Holt shall transfer to Customer(i)any remaining standard manufacturers warranty on the Equipment,and(11)if the Option Price includes the cost thereof,any remaining extended manufacturer's warranty on the
Equipment.All such warranty transfers shall be only to the extent the warranty transferred is then valid and effective.THE SALE SHALL BE AS-IS,WHERE IS,AND WITHOUT WARRANTY OF ANY KIND FROM HOLT,
AND THE DISCLAIMER OF WARRANTIES SET FORTH BELOW SHALL APPLY.
c.Customer may not exercise the option at any time(i)that Customer is in default of the performance of any of Customer's obligations under this Agreement,or(J)that an event has occurred and is then continuing which
would constitute an event of default hereunder,or(111)Customer has not paid in full any open account balances due Holt
D.In order to exercise the option Customer must pay to Holt,in cash or certified funds,the Adjusted Option Price of the Equipment,together with all taxes on or measured by such purchase price.The term"Adjusted Option
Price"shall mean the Option Price set forth above less any Base Rental paid by LesseeCustomer hereunder,plus non-warranty repairs to the Equipment made by Holt fir which Holt has not been paid,plus interest on the
Option Price from the Commencement Date to the date of payment at a rate equal to the lesser of(1)the Maximum Rate or III)the Prime Rate plus 3.0 percent
Notice is hereby give to Customer that�1J may as' it'tights under this Agreement to FILKE Inc.to sell the rental equipment described herein and,if applicable to purchase any trade-in property.
Sales Tax Information:Customerl�l does LJ does not claim that the rental of the Equipment is exempt from taxation under Chapter 151 of the Texas Tax Code. The reason Customer claims such an exemption is
as follows:Governmental Entity
If Customer claims an exemption,an Exemption Certificate conforming to applicable law must be provided upon execution hereof,and if not provided applicable sales tax will be charged.
Disclaimer of Warranties and Waiver of Claims:SEE REVERSE FOR DETAILS.
Other Terms and Conditions:THERE ARE OTHER TERMS AND CONDITIONS WHICH ARE CONTAINED ON THE REVERSE HEREOF OR ATTACHED HERETO(AS APPLICABLE)
WHICH ARE AN IMPORTANT PART OF THIS AGREEMENT.PLEASE REVIEW THE OTHER TERMS AND CONDITIONS BEFORE SIGNING THIS AGREEMENT.
HOLT:HOLT TEXAS,LTD. CUSTOMER:CIT F WORTH
(Name m
By
APPROV AS TO 9R97111D LEG*,'.ITY:
(signs re) •not ) — •--Its:
Its: r P,
Date:
�7 39(`--' e7 ASsiR4 C1 ,�'
SG7tlt ty ttOP y
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OTHER TERMS AND CONDITIONS
1.TERM:;The Tenn of this Agreement begins on the Commencement Data and contlnues for the Rental Tenn;provided,however,Customers obligation to pay Rental Installments shall not be for less than the period of time from when the Equipment is delivered to Customer until the
Equipment is returned to the possession of Holt.
2.REM AND OTHER PAYMENTS:;Customer shell pay Holt the Rental Installments in arrears on cr hefore each succeeding Payment Date,w thout demand,deduction or offset.If Customer defaults in the payment of any sum of money to be paid under this Agreement,Customer shall pay Holt,
as additional rent,interest on such unpaid sum from its due date to the date of payment at the Maximum Rate.Such additional rent is in addition to,and not in lieu of,other rights and remedies Holt may have.All amounts due and owing hereunder shall be payable at the offices of Holt set forth
above.If the time for payment of any amount due hereunder is not otherwise stated herein,payment shall be due Upon Receipt.
3,ACCEPTANCE AND DELIVERY:;Customer shall inspect the Equipment upon receipt.Customer shall be presumed to have accepted the Equipment unless the Customer notifies Holt of any defects within twenty-four(24)hours.The notice shall be provided telephonically and in writing to Holt
and shall set forth in complete detail the defects in the Equipment to which Customer objects.Halt shall have the fight to repair or replace the Equipment,within a reasonable time,or to cancel or rescind this Agreement,without liability to the Customer,except for return of any amounts paid.
4.TITLE:;Title to the Equipment shall at all times remain in Holt.Customer,at its expense,shall protect the title of Holt and keep it free of all claims and liens.All replacements,repairs,improvements,alterations,subsfituticns and additions shall constitute accessions to the Equipment and firs
thereto shall vest in Holt.
5.LOCATION OF EQUIPMENT:Customer shall not remove the Equipment from the location set forth on the front side of this Agreement,without Heirs written consent.Customer represents that the Equipment will not be affixed to any real estate or other goods so as to become fixtures on such
real estate or accessions to other goods.
6.USE:So long as Customer is not in default under this agreement,Customer shall be entitled to the possession,use and quiet enjoyment of the Equipment during the Rental Term in accordance with the terms of this Agreement.Customer warrants that;(1)The Equipment will at all times be used
and operated solely in the conduct of Customers business and not for personal,family or household use,and in accordance with the operation,use and lot instructional materials supplied to Customer;(2)Customer will comply with all applicable laws,acts,rules,regulations and ordere affecting the
Equipment or use thereof,and(3)the Equipment will be used solely for the purpose for which it was designed and intended,and will not be abused or used beyond its rated capacity.Customer shall operate the Equipment with reasonable care and diligence and use reasonable precautions to
prevent loss or damage to the Equipment.
7.REPAIRS AND MAINTENANCE:;Except for repair costs covered by an express Halt or manufacturer warranty,Customer,at its expense at all times shall:(1)keep the Equipment in good and efficient working order and condition,(2)pay all costs,expense,fees and charges incurred in
connection with the use or operation or the Equipment including,but not limited to maintenance,storage and servicing,and pay Holt,upon demand,its regular charges for any parts or labor furnished in making any repairs.Customers maintenance obligations shall include,but not be limited to,the
performance of all daily maintenance recommended in applicable manufacturer operation,lubrication and/or maintenance guides("Daily Maintenance").In connection with the parkrrnance of Daily Maintenance,Customer shall(i)utilize fluids,lubricants and filters which meet current manufacturer
specifications,and at all times maintain levels as recommended by the manufacturer,(if)utilize scheduled oil sampling tram Holt;(iii)be responsible for all cleaning of the Equipment es required for maintenance;(iv)be responsible for fire and tube replacement,fuel,ground engaging tools(buckets,
ripper shanks,etc.),glass breakage,make-up fluids,cleaning and painting;(v)be responsible for notifying Holt of any unusual noises or problems with respect to the Equipment;and(vi)be responsible for making the Equipment available for maintenance by Holt.
8.TAXES
9.LOSS AND DAMAGE:;Subject to the provisions of Paragraph 11 hereof,Customer assumes all risk of and shall be solely responsible for all damage and loss to the Equipment from any cause whatsoever,whether or not such loss or damage is or could have been covered by insurance.The
Agreement shall not terminate and there shall be no abatement,reduction,suspension or deferment of Rental installments for any reason,including damage to or loss of the Equipment.Customer shall promptly give Holt written notice of any loss or damage,describing in detail the cause and the
extent of such loss or damage.Customer shall at its expense promptly repair any damage or loss to the Equipment,or reimburse Holt for the value of the Equipment,including panisl or complete destri ci on,and including intentionally caused damage or theft.Halt shall not be liable and Customer
waives any claim it might have(i)for injury to Customers business or any loss of income therefrom;(if)for damage to the property of Customer,or(iii)for injury to the person of Customer or Customers agents,representatives and employees resulting from this Agreement or caused in anyway by
the Equipment
10.FIRE THEFT AND VANDALISM WAIVER:If Holt has offered Customer the FireTheft and Vandalism Waiver(FTV)as indicated on the front side hereof and Customer has elected to purchase soma,Holt agrees that Customers responsibility for loss or damage to the Equipment resulting from
certain occurrences shall be limited in accordance with the terms of FireTheft and Vandalism Waiver Guide provided to Customer herewith.Holt and Customer acknowledge that nothing in this Agreement or in the FireTheft and Vandalism Waiver Guide is intended to be construed as creating an
insurer/insured relationship between Holt and Customer in regard to the Equipment,persons operating the Equipment,persons who may be injured by the Equipment or any situation which may arise as a result of this Agreement.If Customer does not purchase the FTV,then Customer shall
provide all risk property insurance covering the Equipment in accordance with Paragraph 12 hereof.Holt shall be under no obligation to accept Customers cerfificate of insurance in lieu of the FTV if provided by Customer after the Commencement Date.In the event Holt does so,Customer shall
not be entitled to any refund of FTV charges paid prior thereto.
11.INSURANCE:;Customer agrees to provide Holt with a certificate of insurance providing evidence of coverages in accordance with Halts specific requirements which are set out on Holt's Certificate of Insurance Request Form(CIR)provided in connection with this Agreement.Customer agrees
to execute the CUR to evidence bath receipt and acceptance thereof.The payment of any applicable deductible shall be the sole responsibility of Customer.Customer shall promptly,notify all insurers and Holt of each and every occurrence which may become the basis of a claim or cause of action
and provide Halt with all information requested by Holt about each occurrence.Customer shall fumish Holt with the required certificate of insurance prior to the release of the Equipment to Customer.
12.EVENTS OF DEFAULT:Each of the following is an event of default under this Agreement:(1)Customers failure to pay any Rental Installment or other sum payable to Holt or any affiliate of Halt when due,whether such indebtedness arises hereunder or otherwise;(2)Customers ceasing to do
business as a going concem,becoming insolvent,taking advantage of any law for the relief of debtors,making an assignment for the benefit of creditors or a filing under the U.S.Bankruptcy Code by or against Customer;(3)Holt deems the Equipment in jeopardy or feels insecure with respect to
Customers continued ability to make payments or the value of the Equipment;or(4)Customer fails to perform any other obligation imposed on Customer under this Agreement.
13.REMEDIES OF DEFAULT:;In the event of any default by Customer,Holt is entitled to any one or more of the following remedies:
(a)Holt may take possession of the Equipment and terminate the Agreement and Customers rights hereunder.
(b)Holt may proceed by court action to enforce performance of the terms of this Agreement and to recover damages for the breach hereof.
(c)Holt may withhold delivery of the Equipment,take possession of any Equipment previously delivered,and/or stop delivery of the Equipment by any bailee.
(d)Holt may take possession of the Equipment and recover tram Customer immediately,as liquidated damages,and not as a penalty,an amount equal to the sum of the unpaid Rental Installments for the remainder of the Rental term,plus other unpaid sums due under this Agreement,discounted
to its present value at a rate of interest equal to the rate earned on U.8.treasury securities of a like term,plus incidental damages incurred by Holt.
(a)Without terminating this Agreement,Holt may take possession of the Equipment and sell,miet or otherwise dispose of the Equipment.In the event the Equipment is released,Holt may recover from Customer as damages(i)the accrued and unpaid rent as of the date of the commencement of
the term of the new rental agreement,(ii)plus the present value(calculated as provided in subsection(it)above),as of the same date,of the remaining Rental Installments for the unexpired portion of the Rental Tenn,(iii)less the present value(calculated as provided in subsection(d)above),as of
the same date,of the rent under the new rental agreement applicable to the period of time equal to the unexpired person of the Rental Term,and(iv)plus any incidental damages incurred by Holt.In the event the Equipment is sold or otherwise disposed of,Halt may exercise any one or more of the
remedies provided some.In no event shall Holt be required to sell or relet the Equipment,nor required to rebate or pay back any gain or prefit as a result of selling or retailing the Equipment.Holt will notify customer of default and allow 15 days to cure before exercising any of the above
remedies.In taking possession,Holt may enter upon any premises where the Equipment may be located and remove the Equipment or store it on the premises without charge.Any claim for damages caused by the taking possession,storage or removal is hereby waived by Customer.The
remedies provided herein shall not be exclusive,but shall be cumulative and in addition to all other remedies existing at law or in equity.It is topressly understood and agreed that,in the execution of this agreement,the City does not waive,nor shall jibe deemed to waive,any immunity or defense
that would otherwise be available to it.
14.;AUTHORITY TO ACT ON BEHALF OF PURCHASER:;Customer authorizes Holt to file such financing statements covering the Equipment as Holt deems necessary or advisable.
15.ASSIGNMENT AND SUBLEASE:;Halt may assign any of its rights and obligations hereunder and will provide notice of such to customer.No assignee of Holt shall be obligated to perform any covenant,condition or obligation required to be performed by Holt hereunder.However,in the event
any assignee agrees to assume the obligations of Holt,Customer agrees that Halt shall be released from all further liability herounder.Neither this Agreement nor any of Customers rights hereunder shell he assignable by Customer without the prior written consent of Holt.Customer agrees it will
not,without the imerwriften consent of Holt,allow the Equipment to be used by persons other than employees of Customer or rent or sublease any Equipment to othere.
16.RETURN:Upon the expiration or earlier termination of this Agreement,Customer shall promptly return the Equipment to Holt free and clear of all mortgages,liens,security interests,charges,encumbrances and claims,and in the same operating order,repair,condition and appearance as when
received,ordinary wear and tear excepted.Customer shell make such return at its expense and risk,freight and insurance prepaid,to the destination specified by Holt.In the event Customer remains in possession of the Equipment after the expiration or earlier termination hereof,Customer shall
be a lessee at will,and all terms and conditions of the Agreement shall continue in full force and effect.
17.TRANSPORTATION CHARGES:All transportation charges shall be bome by the Customer,inducing,but not limited to,all loading,unloading,installing,dismantling and hauling,all demurrage accruing at itcown shipping or receiving point,and all freight and switching charges both upon
delivery and return.
18.CUSTOMER'S WARRANTIES:;In addition to the other warranties centnned herein,Customer warrants to Holt that(i)if Customer is a corporation,limited liability company or limited partnership,Customer is a duly organized and validly existing in good standing under the laws of the state in
which it is organized and has duly authorized the execution,delivery and performance of this Agreement;and(11)the Agreement has been duly and validly executed and delivered by Customer and consfilutes a valid contract which is fully enforceable against Customer according to its terms.
19.NOTICES:All notices required or permitted hereunder shall be in writing and shall be deemed duly given if delivered personally or mailed,by cenfied mail,return receipt requested,to the respective addresses of the parry set forth above or any other address designated by notice given in
accordance with this section.
20.USURY:;This Agreement is a lease,and not a financing agreement or arrangement,However,If this Agreement shall ever be determined to be a financing agreement or arrangement involving the loan of monies,this paragraph shall apply.It being the intention of the pelves to strictly conform
to the applicable usury laws,all agreements between the Customer and Holt,whether new existing or hereafter arising and whether written or oral are hereby expressly limited so that in no event,whether by reason of acceleration of the maturity of the obligations secured hereby or otherwise,shall
the amount paid or agreed to be paid to Holt for the use,forbearance,or detention of money hereunder or otherwise,exceed the maximum amount permissible under applicable law.If fulfillment of any prevision or of any document evidencing or securing the obligations secured hereby shall involve
exceeding the limits prescribed by low,then the obligation to be fulfilled shall be reduced to the legal limit;and if Holt shall ever receive anything of value deemed interest under applicable law which would exceed interest at the highest lawful rate,an amount equal to any excessiva interest shall be
applied to the reduction of the principal amount owing hereunder and not to the payment of interest,or if such excessive interest exceeds the unpaid balance of principal hereof,such excess shall be refunded to the Customer.All sums paid or agreed to be paid to Halt
for the use,forbearance,or detention of the indebtedness of the Customer to Holt hereof shall,to the extent permitted by applicable law,be amortized,prorated,allocated,and spread throughout the full stated term of such indebtedness so that the rate of interest an account of such indebtedness is
uniform throughout the term thereof.
21.PRIME RATE:"Prime Rate"shall mean the prime rate as published in The Wall Street Journal,Southwest Edition.The Prime Rate shall be adjusted by Holt as often as it does so in accordance with Halts normal billing practices.
22.MAXIMUM RATE:'Maximum Rate'shall mean the highest non-usurious rate of interest allowed by Texas law.The indicated rate shall be applicable to such provision.
23.MISCELLANEOUS:;Time is of the essence of this Agreement.This Agreement represents the entire agreement between Holt and Customer and all other representations or agreements,whether oral or in writing,are superseded by this Agreement.If any provision of this Agreement or the
application thereof is hereafter held invalid or unenforceable,the remainder of the Agreement shall not be affected thereby.To this end,the provisions are declared severable.If there is more than one Customer,the obligations of Customers hereunder are joint and several.Subject to the terms
hereof,this Agreement shell be binding upon and inure to the benefit of Holt and Customer and their respective personal representatives,successors and assigns.This Agreement shall be governed and construed according to the laws of the state of Texas.Each parry hereby irrevocably and
unconditionally consents to submit to the exclusive jurisdiction of the courts of the state of Texas and the United States of America located in Fort Worth,Texas,for any actions,suits or proceedings arising out of or relating to this Agreement,excluding any claims arbitrated under paragraph 26
hereof.
24.SECURITY AGREEMENT:This paragraph shall not be construed to mean this Agreement is a financing agreement or arrangement instead of a rental agreement or that file to any Equipment is transferred to Holt.Holt and Customor intend and agree that this Agreement is a rental agreement
and not a financing agreement or arrangement.This paragraph is included herein as a protective measure only.Customer hereby grants to Holt a security interest in the Equipment and any and all additions and substitutions thereto or therefor and all proceeds thereof or other benefits or products
attributable thereto to secure the payment of all liabilities and obligations of Customer incurred in connection with the Equipment and any other liability of Customer to Holt whether now existing or hereafter arising and all renewals,extensions and rearrangements of such facilities.Holt is authorized
to file such financing statements and any amendments thereto as Halt may deem necessary or advisable in connection with the Equipment.If the Customer shall default in the payment or performance of any obligation or liability secured hereby,Holt may exercise any rights and remedies granted
by the Texas version of the Uniform Commercial Code or by this Agreement.
25.Notice is hereby given to Customer that Holt may assign its equipment sale and/or purchase rights under this Rental Purchase Option Agreement to HLKE,Inc.Holt and Customeragme that,in the event that Customer shall exercise the options granted herein to purchase the Equipment,and
shall purchase the Equipment,the date of transfer of ownership of the Equipment to Customer and the date on which risk of loss with respect to the Equipment passes to the Customer shell be the date of Holt's sales invoice to Customer.
26.DISCLAIMER OF WARRANTIES AND WAIVER OF CLAIMS:HOLT IS NOT A MANUFACTURER OF THE EQUIPMENT.OTHER THAN ANY WARRANTY PROVIDED BY HOLT SET FORTH IN AN EXPRESS,WRITTEN WARRANTY ATTACHED TO THIS AGREEMENT,HOLT,BY VIRTUE
OF HAVING RENTED THE EQUIPMENT UNDER THIS AGREEMENT,HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,AS TO TITLE,CONDITION,COMPLIANCE WITH SPECIFICATION OR REGULATIONS,QUALITY,
DURABILITY,SUITABILITY,MERCHANTABILITY,FITNESS FOR USE,OR FITNESS FOR A PARTICULAR PURPOSE,OR ANY OTHER WARRANTY WHATSOEVER,EXPRESS OR IMPLIED,WITH RESPECT TO THE EQUIPMENT,AND THE EQUIPMENT IS RENTED HEREUNDER-AS
IS',WHERE IS AND SUBJECT TO ALL FAULTS.HOLT IS NOT LIABLE FOR ANY DAMAGES(WHETHER ORDINARY,SPECIAL OR PUNITIVE)CAUSED BY ANY FAILURE OF THE EQUIPMENT TO OPERATE OR THE FAULTY OPERATION OF THE EQUIPMENT.HOLT IS NOT LIABLE
FOR ANY DAMAGES OR LOSSES(WHETHER ORDINARY,SPECIAL OR PUNITIVE)RESULTING FROM THE INSTALLATION,OPERATION,OR USE OF THE EQUIPMENT.
ATTEST: CITY OF ORTH
BY: BY:
Marty l Marc tt
City Secretary contract thorizatio a Assistant City Manager
O
Date
APPROVAL RECOMMENDED: CONTRACTOR:
Holt Cat
-� Contract Page signed by: X Baxter,
Robert Goode, irector Finance anager
Department of Transportation&Public Works
BY:-5(4V"A' L�A�
Thomas Roseberry
Sales Representative
Thomas.roseberry@holtcat.com
APPROVED AS A FORM 2000 E. Airport Fwy
AND LEGAL ` Irving, TX 75062
972-721-2821 (Office)
972-721-2930 (Fax)
Amy Ram Wy 972-974-1912 (Cell)
Assistant City o 'ey `
v
Page 1 of 2
®ty of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/5/2007
DATE: Tuesday, June 05, 2007
LOG NAME: 20SWM EQUIPMENT REFERENCE NO.: **P-10588
SUBJECT:
Authorize Purchase of a Wheel Loader, Dozer, Excavator, Soil Compactor, and Track Loader from
Holt CAT through its Texas Local Government Purchasing Cooperative Contract and Authorize
Execution of a Lease Purchase Agreement with Holt, Texas, Ltd., d/b/a Holt CAT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a lease with an option to purchase agreement for equipment from Holt CAT through its Texas
Association of School Boards Buy-Board contract No. 205-04; and
2. Authorize this agreement to begin May 29, 2007, and expire on November 28, 2007, with an option to
renew for an additional 6 month period.
DISCUSSION:
Transportation Public Works/Storm Water Management will use this agreement to lease one Wheel Loader,
one Track Loader, one Excavator, one Dozer, and one Soil Compactor. This equipment will be used to
implement a vegetation management and channel reconstruction program urgently needed to mitigate
channel erosion, improve channel stability and hydraulics, reduce flooding potential and improve the
efficiency of the channels. It is expected that this equipment will initially be leased from May 29, 2007
through November 28, 2007, and is projected to cost approximately $275,000 for this 6 month
period. Lease costs, less accrued interest will be credited toward the purchase price should the City desire
to do so at a later date. During the initial lease period, a recommendation will be developed regarding
purchase or continued lease. Currently the approximate purchase price for this set of equipment is
$1,479,606.
M/WBE - M/WBE goal is not assigned when making a purchase from an approved cooperative or other
public entity.
RENEWAL OPTIONS - This agreement may be renewed at the City's option. An extension would not
require specific city Council approval, provided the City Council has appropriated sufficient funds to satisfy
the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Storm Water Operating Fund.
BQN\\
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/8/2007
Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PE69 541360 0209500 $275,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Joe Komisarz (2662)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/8/2007