HomeMy WebLinkAboutContract 35629 CITY SECRETARY
- RENTAL AGREEMENT LONG TERM CONTRACT NO.
[JOLT TEXAS,LTD.dlb/a 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 CITY OF FORT WORTH
San Antonio,TX 78220-7916 _'Address:4100 COLUMBUS TRL
Name ,' ly County,State,Zip
r_ FORT WORTH,TARRANT;TARRANT,TX,76133-7578
CITY OF FORT WORTH ,
n ,
0
.-.] Address:4100 COLUMBUS TRL Customer P.O.No.:
[— City,County,State,Zip ccount#:0441579 Customer Is:rl Sole Proprietorship Partnership
FORT WORTH,TARRANT;TARRANT,TX,76133-7578.: Corporation Limited Liability Company
z
ShipFrom ppmx.IS,
Date Contact Name: Rodney Smithey Phone:(817)944-2094
Halt FL Worth 11/07/2007
is F.O.B.
Customer Truck Halt R.Worth
Descri ption of the E ui ardent covered by the Ag reeinent(the"E ui ment"
Model Number ID Number Serial Number
D6T XWVPAT HLK007957
REF NO ATTACHMENTS DESCRIPTION REF NO ATTACHMENTS DESCRIPTION REF NO ATTACHMENTS DESCRIPTION
2692042 DfiT XW DS VPAT TRACTOR 2569986 27H42DRAINS,ECOLOGY,POWERTRAIN 1187217 PA56 WINCH,SLOW SPEED
3067402 ALTERNATOR,150 AMP 2030853 1187211
OIL CHANGE SYSTEM,POWERTRAIN 674491 Faidead,3 Roller
2367241 LIGHTS,FIVE 2826610 213706
BATTERIES,HEAVY DULY INSTALLATION ARRANGEMEM,WINCH
2367241 GUARD,CRANKCASE,HFAVY DUTY 2826610 2t37064
2530395 Guide,Track,Moderate Service VPATXW BULLDOZER,COMPLETE OP0210 SCREEN,REAR
292-6053 Guazd,Fuel Tank 2356340 Lights,Sweeps DOMESTIC TRUCK
2601945 GUARD,RADIATOR,HINGED,HD
Rental installments I Sured Val(J1�I FOR HOLT'S REFERENCE ONLY
None v Weekly O Monthly PWC Code#':DA 27
The amount of each installment of rent payable hereunder by Customer("Rental 336216.00
Installment")shall be the total amount set forth below Release#GPS 641M
Rental Installment $10250.00 14%of base rental amount. Salesman's#114
If Customer accepts the FTV Waiver,Customer will be responsible for County Code.U1
FTV $(I loss or damage up to$5000.00 for fire,vandalism,collision,overturn,
explosion,windstorm,hail,lightning,earthquakes,sinkhole collapse,
Subtotal $10250.00 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 ailed,plus applicable sales lax. ®CAT Insurance❑HOLT CATS warranty In accordance with
$0.00 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 Powerlrain&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 $10250.00 LIKE Eligible®yes El no ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT AS-IS
BY INITIALING IN THE FOLLOWING SPACE: Intials
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,forty hours a week for weekly rentals,and 160 hours per four week period.Customer agrees to pay overtime
hours as 118 of daily rate,1140 of a 40 hour week rate,or 11160 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 Term:6 4-week periods,beginning 11107/2007("Commencement Date")
Payment Dates:The Payment Oates shall be the last day of each 4-week period during the Rental Term.
Insurance:
Customer acknowledges receipt of Holt's Certificate of Insurance Request Form setting out torts insurance requiremenq 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 initialed,Customer declines the FTV Waives 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[JOLT CAT Fire Theft and Vandalism Waiver Guide: Initials
The FTV Waiver Is not available for all rental transactions.Halt may refuse to offer the FTV Waiver in its sole discretion.
PURCHASE OPTION: OPTION PRICE:$336216.00 The purchase will expire on 0513612008.
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.
8.Holt shall transfer to Customer(i)any remaining standard manufacturers warranty on the Equipment,and Ci)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,
ANDTHE DISCLAIMER OF WARRANTIES SET FORTH BELOW SHALL APPLY.
c.Customer may not exercise the option at any Jude(i)that Customer is in default of the perlormance of any of Customer's obligations under this Agreement,or(ii)that an event has occurred and is then continuing which
would constitute an event ofdefault hereunder,or If!)Customer has notpaid 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 noo-warranty repairs to the Equipment made by Holt for 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(i)the Maximum Rate or(ii)the Prime Rate plus 3.0 percent.
Notice is hereby give to Customer that(leis(may ass its rights under tTs Agreement to HLKE Inc.to sell the rental equipment described herein and,if applicable to purchase any trade-in property.
Sales Tax Information:Customer does u 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 fAows:Govemmental Entity
If Customer claims an exemption,an Exemption Certificate conforming to applicable law must be provided upon execution hereof,and if hot provided applicable sales lax 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 OTHERTERMS AND CONDITIONS BEFORE SIGNING THIS AGREEMENT.
HOLT:HOLT TEXAS,LTD. CUSTOMER: ORT WORTH
ey: APPRO Ax°ue< k3ALt[�y
(sign _ sign to
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Date: 0 �1• �ISIS (4` 1 �141P1 `� o�ri
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OTHER TERMS AND CONDITIONS
1.TERM:;The Term of this Agreement begins on the Commencement Dale and continues for the Rental Term;provided,however,Customer's obligation to pay Rental Installments shall not be for less than the period of fime from when the Equipment Is delivered to Customer until the
Equipment is returned to the possession of Holt.
2.RENT AND OTHER PAYMENTS:;Customer shall pay Halt the Rental installments in arrears on or before each succeeding Payment Date,without demand,deduction or offset.If Customer defeulls 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 setforth
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 Halt of any defects within twenty-four(24)hours.The notice shall be provided telephonically,and in wrifing ta Holt
and shall set forth incomplete detail the defects in the Equipment to which Customer objects.Holt shall have the right to repair or replace the Equipment,within a reasonable time,or to cancel or rescind tits 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,subadfugons and additions shall constitute accessions to the Equipment and fifie
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 Hotta 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 farms 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/or Instructional materials supplied to Customer,(2)Customer will comply with all applicable laws,acts,rules,regulations and orders effecting the
Equipment a use thereof,and(3)the Equipment will he 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 Holt 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 of 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 obligafions shall include,but not he limited to,the
performance of all daily maintenance recommended In applicable manufacturer opeation,lubrication and/or maintenance guides("Daily Maintenance").In connection with the performance of Daily Maintenance,Customer shall(i)utilize fluids,lubricants and f Iters which meet current manufacturer
specifications,and at all times maintain levels as recommended by the manufacturer;(if)utilize scheduled oil sampling from Holt;(t[f)be responsible for all cleaning of the Equipment as required for maintenance;ill he responsible for tire and tube replacement,fuel,ground engaging(cola(buckets,
ripper shanks,etc.),glass breakage,makerop 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 he 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 a 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 partial or complete destruction,and including intentionally caused damage or theft.Holt shall not be liable and Customer
waives any claim It might have(i)for injury to Customers business or any loss of income therefrom;(i)for damage to the property of Customer,or(sit,)for injury to the person of Customer or Customers agents,representatives and employees resuifing from this Agreement or caused in any way 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 end Customer has elected to purchase same,Hall agrees that Customers responsibility lot loss or damage to the Equipment resulting from
certain occurrences shell be limited in accordance with the terms of FireTheft and Vandalism Waiver Guide provided la Customer herewith.Holt and Customer acknowledge that nothing in this Agreement or in the FireTheft and Vandalism Waiver Guide is intended to be consimed as creating an
insurer(insured relationship between Halt and Customer in regard to the Equipment,persons operating the Equipment,persons who may be injured by the Equipment orany situation which may arise as a result of this Agreement.If Customer does not purchase the FrV,then Customer shell
provide all risk property insumnm covering the Equipment in accordance with Pamgmph 12 hereof.Holt shall be under no obligation to accept Customers certificate 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 cerbfcate of insurance providing evidence of coverages in accordance with Haifa specific requirements which are sat out an Halts Certificate of Insurance Request Form(CIR)provided in connection with this Agreement.Customer agrees
to execute the CIR to evidence both receipt and acceptance thereof.The payment of any applicable deducible shall be the sole responsibility of Customer.Customer shall promptly notify all insurers and Halt of each and every accurence which may become the basis of a claim or cause of action
and provide Holt with all information requested by Had about each occurrence.Customer shall fumish Holt with the required certificate of insurance prior ta 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 Holt when due,whether such indebtedness arises hereunder or otherwim;(2)Customers ceasing to do
business as a going concern,becoming Insolvent,taking advantage of any law for the relief of debtors,making an assignment fa the benefit of creditors or a fling 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 enticed to any one or more of the following remedies
(a)Hall may take possession of the Equipment and terminate the Agreement and Customers rights hereunder.
(b)Holt may proceed by court action to enforce perfamiance 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 an U S.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,relel 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 ten of the new rental agreement,(if)plus the present value(calculated as provided In subsection(d)above),as of the same date,of the remaining Rental Installments for the unexpired portion of the Rental Term,(ill)less the present value(calculated as provided in subasabon(d)above),es of
the same date,of the rent under the new rental agreement applicable to the period of time equal to the unexpired portion of the Rental Term,and(lv)plus any incidental damages incurred by Halt.In the event the Equipment is sold or otherwise disposed of,Holt may exercise any one or more of the
remedies provided above.In no event shall Holt be required to sell or mist the Equipment,nor required to rebate or pay back any gain or profit as a result of selling or releting the Equipment.Holt will nofify 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 stare it on the premises without charge.Any claim for damages mused by the taking possession,storage or removal is hereby waived by Customer.The
remedies provided herein shall not be exclusive,but shall he cumulative and in addition to all other remedies existing at law or in equity.It is expressly understood and agreed that,in the execution of this agreement,the City does not waive,nor shell it be 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:;Had may assign any of its rights and obligations hereunder and will provide notice of such to customer.No assignee of Hall shall be obligated to partarm any covenant,condition or obligation required to be performed by Holt hereunder.However,in the event
any assign es rise grew to assume the obligations of Holt,Customer agrees that Hot(shell be released from all further liability hereunder.Neither this Agreement nor any of Customers rights hereunder shell be assignable by Customer without the prior written consent of Holt.Customer agrees it will
not,without theprior written consent of Holt,allow the Equipment to be used by persons other then employees of Customer or rent or sublease any Equipment to others.
16.RETURN:Upon the expimfion or earlier lamination 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,conditon and appearance es when
received,ordinary wear and tear excepted.Customer shall make such return at its expense and risk,freight and[nsumnce prepaid,to the castration specified by Holt.In the event Customer remains in possession of the Equipment after the expiration or earlier termination hereof,Customer shell
he 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 he some by the Customer,including,but not limited to,all loading,unlocding,installing,dismantling and hauling,all demurrage amming at its own 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 contained herein,Customer warrants to Halt 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(ii)the Agreement has been duly and validly executed and delivered by Customer and constitutes a valid contact which is fully enforceable against Customer according to its terms.
19.NOTICES:All norms required or permitted hereunder shall be in writing and shall be deemed duty given if delivered personally or mailed,by madded mail,realm receipt requested,to the respective addresses of the party set forth above or any other address designated by notice given in
aamrdanm with this section.
20.USURY:;This Agreement is a lease,and not a financing agreement or arrangement.However,t 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 parties to strictly conform
to the applicable usury laws,all agreements between the Customer and Holt,whether now existing or hereafter arising and whether wriften 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 In.If fulfillment of any provision or of any document evidencing or securing the obligations secured hereby shall involve
exceeding the limits prescribed by law,then the obligation to be fulfilled shall be reduced to the legal limit,and if Hail 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 exmsslve 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 he refunded to the Customer.All sums paid or agreed to be paid to Hof(
for the use,forbearance,or detention of the indebtedness of the Customer to Halt hereof shall,to the extent permitted by applicable law,be amortized,prorated,allocated,and spread throughout the full staled tam of such indebtedness so that the rate of interest an amount 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 he adjusted by Holt as often as it time so in eacordance with Holfs normal billing pracfims.
22.MAXIMUM RATE:"Maximum Rate"shell 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 and,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 shall be binding upon and inure to the benefit of Holt and Customer and their respective personal representatives,successors and assigns.This Agreement shall he governed and construed according to the laws of the state of Texas.Each party hereby irrevocably and
unconditionally consents to submit to the exclusive jurisdiction of the courts of the state of Texas and the United States of Amadce[mated In Fort Worth,Texas,for any actions,suits or promedings 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 title to any Equipment is transferred to Holt.Had and Customer 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 grand,to Holt a security interest in the Equipment and any and all addiflons and substitutions thereto or therefor and all proceeds thereof or other benefits or products
attributable thereto to secure the payment of all Iiabilflim 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 flabftffies.Halt is authorized
to file such financing statements and any amendments thereto as Holt may deem neassary or advisable in mnnecfion 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 Tawas 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 Customer agree that,in the event that Customer shell exercise the options granted herein Is 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 shall be the date of Haft'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 OPE IATI'
FOR ANY DAMAGES OR LOSSES(WHETHER ORDINARY,SPECIAL OR PUNITIVE)RESULTING FROM THE INSTALLATION,OPERATION,OR USE OF THE EQUIPMENT. _ —p
ATTEST: CITY OFF 1 O TH
s
BY: BY:
Marry He drix Marc O
City Secretary
contra t th°r izatx® Assistant City Manager
Da te
APPROVAL 0 CONTRACTOR:
6 Holt Cat
Contract Page signed by: X Baxter,
Robert Goode, Director Finance Manager
Department of Transportation&Public Works
BY:
Thomas Roseberry
Sales Representative
Thomas.roseberry@holtcat.com
APPROVED AS A FORM 2000 E. Airport Fwy
AND LEG TY: Irving, TX 75062
972-721-2821 (Office)
972-721-2930 (Fax)
Amy ey ,1 972-974-1912 (Cell)
Assistant Cii�"Atto ey
V. FORTH, RX "
Page 1 of 2
City 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