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HomeMy WebLinkAboutBPW-12-21-11-03 Ratifying Mayoral Signature RESOLUTION NO. BPW- 12- 21 -11 -03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY RATIFYING MAYORAL SIGNATURE ON CONTRACT WHEREAS, the executive officer of a municipality has the right and authority under Indiana law to enter into contracts on behalf of the municipal corporation; and WHEREAS, due to the exigencies of time, City of Carmel Mayor James Brainard executed that certain Lease Agreement with MEL RAC LLC d/b /a Thrifty Rent Car. "Contract attached and incorporated herein as Exhibit "A and WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above actions of Mayor Brainard and to adopt the same as the act of the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, that: 1. The foregoing Recitals are incorporated herein by this reference. 2. The actions of Mayor James Brainard in executing the Contract are hereby ratified and such actions are hereby approved and adopted by the Board as its own. Approved and Adopted this gi day of 20 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, V esiding Officer Date: Lori W. :o ember Date: /d1. 4 1 Ak Mary Burke, Member Date: 1 A T: ALI*/ nana Cordray, r reasurer Date: [eb:msword:\Mss rrappsl\user data adm 1awle bass \my documents \bpw -re olutions\2011\ranfy mayor's signature lease agreement.doc:12/20 /11] LEASE AGREEMENT EXHIBIT MEL RAC LLC d /b /a Thrifty Rent Car and located at 582 Rangeline Road, Carmel, Indiana 46032 (hereinafter "Lessor hereby leases to the City of Carmel, an Indiana municipal corporation located at One Civic Square, Carmel, Indiana 46032 (hereinafter "Lessee a 2012 Ford Fusion (hereinafter "Lease Vehicle Vehicle Identification Number "hereinafter "VIN 3FADPOL37CR193342, as follows: 1. The term of the Lease is for three (3) months. 2. Payment is due at the beginning of the term of the Lease and payable upon presentation by Lessor to Lessee of an invoice. The Lease amount is Two Thousand One Hundred Dollars ($2,100.00). 3. Payment checks shall show the related invoice billing number and customer account and shall be made payable to Thrifty Rent A Car and delivered to 582 Rangeline Road, Carmel, Indiana 46032. 4. The term "Lease Vehicle" as hereinafter used shall mean the vehicle leased hereunder (or any substitute or replacement therefore). 5. The Lessee agrees to provide, at its sole cost and expense, insurance against all third party claims and insure or pay for all damage to the Lease Vehicle. 6. Lessee shall defend, indemnify, and save harmless Lessor and its respective officer, directors, agents and employees from and against any and all losses, damages, claims, actions, costs and expenses, including but not limited to all fees and expenses of legal counsel and any litigation arising out of the possession or use of the Lease Vehicle by Lessee. 7. Lessee shall return the Leased Vehicle at the conclusion of this Lease, or any extension thereof, in good condition, reasonable and tear excepted. 8. Lessor shall retain title to the Lease Vehicle and shall, at its expense, provide vehicle registration and standard license plates. Lessor acknowledges the Lessee is except from Indiana sales tax. 9. Lessee shall pay for repairs, replacement parts (including tires), routine maintenance and servicing required under normal use to keep the Lease Vehicle in proper operating condition, provided that such repairs, parts, maintenance. It is the Lessee's responsibility to comply with the recommended vehicle maintenance schedule outlined in the Leased Vehicle's owner's manual. 10. Lessee shall pay all state and /or local fines incurred with respect to the Lease Vehicle 11. This Lease is one of leasing only and Lessee shall not have nor acquire any right, title or interest in or to the Lease Vehicle except the right to use and operate it as provided in this Lease. 12. This Lease is fora period of three months (hereinafter "Term beginning on October 31, 2011 and ending on January 31, 2012 and said Term will be automatically extended for an additional Term of three (3) months until such time that notice is given by either party thirty (30) days prior to the end of the current Term or an extension of the current term, at the address of the parties listed hereinabove. 13. Lessee represents and warrants that it is duly authorized to enter into and perform all of its obligations under this agreement, that it has obtained all requisite approvals, including budget appropriation approvals, with respect to its obligations hereunder, and that this agreement is valid and legally binding upon Lessee. LESSOR: LESSEE: MEL RAC LLC d /b /a Thrifty Rent Car City of el ay: By.'/ Title: itle: James Brainard, Mayor Date: 3 Date: i/ 7 f