HomeMy WebLinkAboutEquipment Rental - City of Santa Clara - 1973 City of Santa Clara - RentaY. of Street Striper
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RESOLUTION NO. 3543
A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF CUPERTINO
AUTHORIZING EXECUTION OF icy EQUIPMENT RENTAL AGREEMENT
WITH THE CITY OF SANTA CLARA
WHEREAS, the City of Santa Clara owns a street striper which it
uses in its governmental operations; :and
WHEREAS, the City of Cupertino has a need for use of such equipment
from time to time; and
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WHEREAS, there has been presented to the City Council an equiptont
rental agreement by and bets een the City of Santa Clara and the City of
Cupertino setting forth the terms and provisions for the rental of said
equipment, and said agreement has been approved by the D rcztor of Public
Works and the City Attorney;
NOW,T}:--BEFORE, BE IT RESOLVED that the Nayor and the City Clerk:
are hereby authorized to execute the agreement herein referred to in
behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 17th _ day of Se4tember 1973, by the
following; vote:
AYES: Councilmen - Frolich, Jackson, Sparks, Irwin
NOES: Councilmen - None
ABSE:r'T: Councilmen - Meyers
APPROVED:
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/s/ Keith E. Irwin
Mayor, City of Cupertino
ATTEST:
/a/ Wm. E_ydder
City Clerk
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THIS IS TO CERTIFY TO--AT TriE WITHIN
INSTRUMENT IS A TRUE. AND CORRECT COPY
OF' THE ORIGINALf ON /`ILE 104 THIS OFFICE.
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ATTEST '✓ �`-(.. t icj?�
CITY CLERK OF THE CITY OF C ERTINO
—" CITY CLERK
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EQUIPMENT RENTAL AGREEMENT
THIS AGREEMENT, made and entered into this 17VI day of
Septet , 1973, between the City of Santa Clara, LESSOR, a municipal
r corporation and owner of herein described equipment and the City of Cupertino,
LESSEE;
WITNESSETR
WHEREAS, LESSOR owns certain equipment which it uses in its
governmental and proprietary operations; and
WHEREAS, LESSEE has a need for use of such equipment at times
such equipment would be otherwise idle, and LESSOR desires that its equipment
be put to more efficient use so as to limit the costs to the taxpayer.
NOW, THEREFORE, BE IT RESOLVED that for the consideration here-
inafter stated, and under the terms and conditions herein expressed, the
LESSOR agrees to rent to the LESSEE upon call, when not in use or needed by
LESSOR, the following unit of equipment:
Estimated Location Base Rental Rate
Type of Equipment Serial # Value of Use Da
Traffic Line Marker 1206 $10,000 Cupertino $30
In making a call for use of said equipment, LESSEE will cause one
of its employees to inspect the called for equipment at LESSOR'S yard so as
to satisfy himself of its good mechanical and working condition and to execute
and deliver to LESSOR at its yard a receipt for the equipment in the form
attached hereto and marked EXHIBIT "A" which receipt must also be executed
by authorized representative of LESSOR.
LEASE PERIOD - The lease period extends from the time the equipment
leaves the LESSOR'S yard until it is returned to LESSOR'S yard. The lease
period shalt not exceed the maximum period set forth by LESSOR and agreed to
by LESSEE in the receipt for equipment so as not to interfere with LESSOR'S
use of such equipment and planning.
TERM - The term of this agreement courences upon execution hereof
and ends June 30, 1975. LESSEN may make such calls for the lease of any of
such equipment during such term, and the LESSOR must rent subject to LESSOR'S
needs for the equipment and the other terms, conditions and covenants herein
set forth.
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be re6oved h6aor
u8ad outside the County of Santa Clara, Califorraa and other than as indicated
as ration of use in recedpt.
RATE BASIS Vital rates are based on eight hours per day, five
days per week, 22 eight-hour days in any one 30 consecutive day period. Should
the equipment be used lour, the overtime rate will prevail. LESSEE shall pay
rentai for the entire z�al period on each piece of equipment listed in this
t. Rental rates are not subject to any deductions on account of non-
warUIng time, except as follows: Daily rates shall be paid for each calendar
day of the math except Saturdays, Sundays, and legal holidays on which the
equipavent is not operated. The rates are not subject to any deductions on
account of non-working time. The fractions of the month at the beginning or
the end of the rental period shall be at the monthly rental rate, pro-rated.
OVERTIME RATE BASIS - One of the following schedules of overtime
charges shall be agreed upon, and noted on the face of the above referenced
receipt fox equipment. "A" on the daily rate, that 1/8th of the daily rate
for each hour worked in excess of eight hours in any one day; 1/40th of the
weekly rate for each hour worked in excess of 40 hours in any one week;
1/176th of the monthly rate for each hour in excess c_` 176 hours worked in any
30 consecutive day period. "B" on the daily rate, for each hour over eight
hours, 1/16th of the daily rate shall be charged. On the weekly or monthly
rate two shifts are charged at 1-1/2 times the single shift, and three shifts
are charged at two times the single shift rate. If no overtime rate schedule
is called out on the face of this document, it is understood that schedule "A"
will be followed. LESSEE agrees to state in writing the number of excessive
hours the equipment is used and to pay the LESSOR Lhe appropriate amount.
PAYMENT - Rentals and billings by LESSOR to LESSEE for repairs
shall be paid on the 15th of the month following the use of the equipment or
receipt of billings fir repairs unless otherwise stipulated by the LESSOR.
Deferred payments shall bear interest at the rate of 71 per annum. Payment of
interest shall not waive the LESSOR'S right to terminate this agreement as
hereinafter stipulated.
LOADING, FREIGHT NL DELIVERY CHARGES - This equipment is rented
from the LESSOR'S yard. Any charges incurred in loading, unloading, erection,
dismantling, demurrage or delivery by the LESSEE shall be at the sole expense
of LESSEE.
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.;, VMCE OF HF6= OR RECALL - The LESSOR way recall any or all
`} equipwat upon 30 days written notice to the LESSER. The ISSSEE may return
any and all equipment to the LESSOR upon like notice. If any rental is not
paid within 30 days of due date, or the LESSEE violates the tees of this lease,
or is involved in bankruptcy, receivership, or Insolvency, the LESSOR may, with-
out notice, declare the entire amount due and payable, terminate this agreement
and any lease thereunder without Court order and take possession of this eq-iip-
rndt without being liable for trespassing. Neither the equipment herein leased
' nor any interest therein shall become a part of any estate of the LESSEE.
LESME will pay all legal and transportation costs in the repossession.
RELOCATION OF EQUIMENT - LESSEE agrees not to move this equipment
to a location other than location of use and back to LESSOR'S yard without the
express written consent of the LESSOR.
SUBLEASING AND ASSIGME!4TS - No equipment listed herein may be
sublet by the LESSEE. The LESSEE further agrees not to assign or transfer any
interezt in this agreement without the written consent of LESSOR and any attempt
to assign said agreement, whether voluntary or involuntary, without such written
consent is a nullity.
REPAIRS AN`D MAINTENA,,CE - The LESSOR is required to supply the
equipment in good operating condition. The LESSEE acknowledges by signing this
agreement that he authorizes his representative in taking delivery of the equip-
ment to acknowledge by signing herein referenced receipt that the equipment is
accepted by the LESSEE as being in good operating condition. The LESSEE agrees
that he will pay all costs of repairs to equipment leased which is malfunctioning
or damaged during the rental period, including labor, materials, parts, and other
items, except for normal wear and tear. "Normal Wear and Tear" is defined as
use of the equipment under normal working conditions, with qualified personnel
providing proper operation, maintenance and service. If repairs exceeding the
normal wear and tear are necessary upon return of the equipment, LESSOR, once
notifying the LESSEE, is authorized to make such repairs and bill the LESSEE.
LESSEE will not permit the equipment to be abused, overloaded, or used beyond
its capacity.
INSPECTION - Before delivery is made, and after LESSOR indicates
equipment is available for use of LESSEE, the LESSEE may require inspection of
the equipment. If it is not in substantially the condition required by this
agreement, the cost of inspection will be paid by the LESSOR, and the LESSEE
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nay comel the agreement at his option, or require the LESSOR to supply equipment
In good order. The LESSOR will have the right at any time to inspect its own
equipment and will be given free access to it and the necessary facilities to
accomplish the inspection.
INSURANCE - At his own expense the LESSEE shall indemnify the
LESSOR against all loss or damage to the equipment or liability through use
of the equipment during the r a of this contract. If the equipment is destroyed
through fire, flood, explo, a or any other cause the LESSEE will repay the
LESSOR the value of the unit as stated on the schedule on the first page of this
agreement. No rental shall apply as part of the payment for loss. Should the
LESSOR at any time determine that the LESSEE might be unable to respond in such
a way as to protect the LESSOR from any liability or damage to the equipment
w1thout insurance the LESSEE shall upon demand of LESSOR deliver to the LESSOR
an insurance policy protecting the LESSOR from such loss and in an amount and
.form satisfactory to the LESSOR'S City Attorney.
TITLE - Title shall at all times remain vested in the LESSOR. The
LESSEE agrees to keep the equipment free and clear of any claims, liens or
incumbrances. LESSEE further agrees to use the equipment in accordance with
all applicable government regulation:, ordinances, or laws. LESSEE shall give
the LESSOR immediate: notice in case any equipment is levied upon or becomes
liable to seizure.
TAXES - 'LESSEE agrees to pay all governmental taxes or other assess-
ments against this property except as amended on the first page of this agreement.
WAIVERS - No waiver of any part or article of this agreement shall be
construed to be waiver of any other part or article or be recognized unless it
is in writing and signed by both parties.
LESSOR NOT LIABLE - It is mutually agreed that the LESSOR will not be
liable for any loss, delay, or damage_ of any kind, resulting from defects, in-
efficiency of equipment or accidental breakage of the equipment involved in this
agreement. The LESSOR shall be held harmless by LESSEE for any and all losses,
claims, and/or damages arising out of use or operation of this equipment during
the rental period.
PERFORMANCE - LESSOR and LESSEE, for themselves, their successors,
executors, administrators, and assigns, hereby agree to the full performance
of the srms, conditions and covenants contained herein.
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TN WMiESS WHEREOF, the undersigned have executed this agreement
this d&-y and year above Indicated.
APPROVED AS TO FORM: IMSEE: CITY OF CUPERTINO
s taunici corporation
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(rivX I-,
City Attorney t Mayor
ATTEST: 942.4-� &A�aj&A&
City Manager
City lark
APPROVED AS TO FORK: LESSOR: CIT'r, OF SANTA CLARA
a minicipal corporation
City Attorney Mayor
ATTF-T: ( City e&n-. r
City Clerk
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f. THE CITY OF SANTA CLARA
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C�O cum � %�A�pfa�3U�l!IAAW� OWE
✓Q•'3WO
CX OF CITY t2 =L _ 4F THE CITY
OF CL RA FOR MWnM � O n S 25, 1973•
. . . . . . ."Pursuant to the recommendations contained in
Staff report (9/20/73) . entitled "Rental of Striping
Iftchine to City of Cupertino," it was moved by Coun-
cilman Urcella. seconded byy Councilman Simmons, that
the Council a and authoriise necessary signatures
on behalf` of C1ty on Rquipment Rental Contract
with the City of Cupertino for the use of City of
Santa Clara Traffic Striping Machine by the City of
Cupertino on a rental basis of $30 per day. Motion
was approved by the /'---- it+ lt• • • + • • • • • • • ! s . • . • • • • • • • so •
Or me City of Santa
Clara. do hareby certify that the above
and forego:ng is a true and correct copy
of an Excerpt of the Minutes of a meeting
of the City Council of the City of Santa
Cl" held on
te�a eire
City Clerk
AMA
CIARA
rr ISANTA
y
MY!MALL
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October 15, 1973
City of Cupertind
10300 Torre Avenue
Cupertino, California 95014
Attention: City Clerk William E. Ryder i
Re: Rental of Striping Machine
Gentlemen;
Enclosed please find fully executed Equipment Rental Agreement, which was
approved by the Santa Clara City Council on September 25, 1973.
Your cooperation in this matter is sincerely appreciated.
Very truly yours,
S. M. Cristofano
Director of Public Works/City Engineer
F. Tom Shreve
Traffic Engineer
FTS: lb
cc: City Clerk
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CF T1E CITY hl�LL
CALIFOPMA
C" CLOW ow 1R6UlaximTOM PUS
Wa-
EXTRACT OF CITY COUNCIL MINUTES OF THE CITY
OF SANTA CLARA FOR MEETING HELD ON SEPTEMBER 25, 1973.
. . . . . . . "Pursuant to the recommendations contained in
Staff report (9/20/73) , entitled "Rental of Striping
k Machine to City of Cupertino," it was moved by Coun-
cilman Barcells , seconded by Councilman Simmons , that
the Council approve and authorize necessary signatures
on behalf of the City on Equipment Rental Contract
with the City of Cupertino for the use of City of
Santa Clara Traffic Striping Machine by the City of
Cupertino on a rental basis of $30 per day. Motion
was approved by the Council. ". . . . . . . . . . . . . . . . . . . . . . . . . .
A. S. Belick, City Clerk of the City of Santa
Clara, do hereby certify that the above
and foregoing is a true and correct copy
of an kxcerpt of the t.1inites of a meeting
of the City Council of the City of Santa
Clara. held on
r`19®.
City Clerk
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WI33-006
list Ooq to(W1PUB NS October 29, 1971
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Mr. S. M. Cristofano
Director of Public Works
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
Attetntiont Mr. F. Tam Shrove, Traffic Engineer
Gentleman$
Res Equipment Rental Agreement
Enclosed herewith are the original and three copies of the referenced
agreement which have been executed by the City of Cupertino. After approval
by Santa Clara, please ueturn a fully completed copy for our filer.
Thank you for your cooperation.
Very truly yours,
C 17 01 CUPERTIVO
Bert J. iskovich
Director of Public Works
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