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HomeMy WebLinkAboutTraffic Line Marker Equipment Rental - City of Santa Clara - 1975 City & City ©f Santa Clara Ce� AMEMUR 1W .r 0- � of ICE oi- THE CITY AiTORNLY *: Vst 10300 T(w e Avenue ?- Cupeftmo. Calif. 9;014 `408) 2,-)4505 October 17, 1975 Ellen Pagnini, Deputy City Clerk City of Cupertino 10300 Torre Avenue ® Cupertino, California 95014 Re: Documents for Approval Dear Ellen: Enclosed are three copies of Agreement by and between the City of Cupertino and the City of Santa Clara, and three copies of Contract by and between the City of Cupertino and Bay Slurry Seal Company, Inc. , which I have signed in my capacity as City Attorney. y u'y yours , 4�� DAVI D H. ADAPRS City Attorney DHA:di enclosures (6) v the ON Of C m 10300 Torre Avenue ' Cupertino,California 95014 Telephone (408)252-4505 (DEPARTMENT OF AOMINISTRATIVE SERVICES October 30, 1975 Mr. A. S. bzlick, City Clerk City of Santa Clara P. 0. Box 388 Santa Clara, California 95050 EQUIPMENT RENTAL AGREEMENT We are enclosing three (3) copies of the Equipment Rental Agreement between the City of Cupetino and the City of Santa Clara, which have beer. signed by the City of Cupertino. Please return one ful'y executed copy to this office. ELLEN PAG`:INI DEPUTY CITY CLERK rw enc_ls. STATE OF CALIFORNIA, Orange 55. COUNTY OF_.-_. ON THIS _ day r` _. June 1773 !,More Te, a Notary Public it .mad fr. !a.-' Ge!nty and Stat pere,.-aAy a,p-ar-A _ - HELEN-A. "-" _ _ ... -. .. n,,un to riff to be the ,person_.. rho;e r._ ._ 'S iuh,.,ib,-d to the ti•jth:.: Ir;,trument, and acknowledged to me that _s.�e._. _ exec ut d the ssme. -_.�' •�t'"�"'^^" —%IT\ESS my hand and oitcia Seal-. ------� •_�• _•.__ -- �,�„•-,.,�� �tary °blic in and for said County:_ �te. J THE MIT OF SANTA CLARA PdVU 19FFCE K>F Tray C IFO Corr wRu CITY CLERK 1500 VW TON AVE 964-3140 November 4, 1975 rA City Clerk City of Cupertino 10300 'Torre Avenue �. Cupertino, California 95014 �. Gentlemen: Transmitted herewith is an executed copy of Equipment Rental Agreement between the City of Santa Clara and the City of Cupertino for a traffic striping machine, for a two year period at $30 a day. Yours very truly, A. S. BELICK City Clerk City of Santa Clara AS B: lw EncI. lam Ton A� cypong"t catteewds 93M i Getteber ISO ins ♦ttermw at Low go COMMIL7 auk BUS. in w"t 3t. jam Street IM Jaseq Califososa 93113 DOCMUM" FM APPWFAL WO are GnCloeftg CopieAD of the follorft documat• for your approvals Tbree (3) — Agwm ©t by and bewwww the City of Cupartlm and the City of eta Clara Three (3) — Coaftwt by and betseea the City of Cupearaw umd Say Uwry Neal CgsspwWq Sm. After earsatdao of thme ta, plasm retwu to th" offices. BLLM PAGWM ®QOli Cx'f CLMM Ef/er E�sclosea�a i i v�r E IPMEWf RENUL AGREENENT THIS AGREEDENi, made and entered into this day' of or-tabu , 1975, between the City of Santa Clara, LESSOR, a municipal corporation and owner of herein described equipment and the City of Cupertino, LESSEE; WITNESSETH 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 Day Traffic Line Marker 1206 $10,000 Cupertino $30 In making a call for use of said equipment, LESSEE will cause one of its employees Lo 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 shall not exceed the maximum -eriod 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 planting. TM - The term of this agreement commences upon execution hereof and etdo J 30, 19777 0 LEME may make such calls for the lease of any of such equipment during such term, and the LESSOR must rent subject to LESSOR`S heeds for the equipment and the other terms, conditions and covenants herein set forth. AREA LIMITATION - Any equipment leased shall not be removed from or used outside the County of Santa Clara, California and other than as indicated as location of use in receipt. RATE BASIS - Rental rates are lased on eight hour- per day, five days per week, 22 eight-hour days in any one 30 consecutive day period. Should the equipment be used longer, the overtime rate will prevail. LESSEE shall pay rental for the entire rental period on each piece of equipment listed in this agreement. Rental rates are not subject to any deductions oa account of non- working time, except as ollows: Daily rates shall be paid for each calendar day of the month except Saturdays, Sandays, and legal holidays on which the equipment 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 kATE BASIS - One of the following schedules of overtime charges shall be agreed upon, and noted on the face of the above referenced receipt for 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 of 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 tM -single shift rate. If no overtime rate schedule -2- is called out an the face of this document, it is understood that Schedule "A" wnl be followed. LESSER agrees to state in writing the number of excessive bows the equipment is used and to' pay the LESSOR theappropriate amount. PAS - Rentals and billings by LESSOR to LESSEE for repairs shall be paid on the 15th of the month following the use of the equipment br receipt of billings for repairs unless otherwise stipulated by the LESSOR. Deferred payments shall bear interest at the rate of 72 per annum. Payment of interest shall not waive the LESSOR'S right to terminate this agreement as hereinafter stipulated. LOADING, FREIGHT AND 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. NOTICE OF RETURN OR RECALL - The LESSOR may recall any or all equipment upon 30 days written notice to the LESSEE. The LESSEE 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 terms of this lease, or is involved in bankruptcy, receivership, or insolvency, the LESSOR may, without notice, declare the entire amount due and payable, terminate this agreement and any lease thereunder without Court order and take possession of this equipment without being liable for trespassing. Neither the equipment herein leased nor any interest therein shall become a part of any estate of the LESSEE. LESSEE will pay all legal and transportation costs in the repos- session. RELOCATION OF EQUIPMENT - 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. -3- t SMEASINO AND ASSIGMWS - No equipment listed herein may be R. stet by the LESSEE. The LESSEE further agrees not to assign or transfer any► interest in this agreement without the written consent of LESSOR and any attempt to assign said agreement, whether voluntary or involuntary, without such written M coaoaent is a nullity.. REPAIRS AND MAINTENANCE - The LESSOR is required to supply the equipment in good operating condition. The LESSEE acknowledges by signing this agreement that he &.::thorizes his representative in talking delivery of the equipment to ackaowledge by signing harems 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 rather 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 ex- ceeding 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 may cancel the agreement at ?-As option, or require the LESSOR to supply equip- ment 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. -4- - At his oun enense the LESSIM shall indeorify the IMM against all lose at daMe to the equipment: or liability through use of the equipment during the torm of this contract.. if the equipment is des- troyed through fire, flood, eXPlosion or any other cause the LESSEE will repay the g.ESSOR the value of the unit as stated on the schedule on the first page of this agreement. NO 1w t&1 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 without 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 regulations, 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 againstthis 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 IE 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 agreemeat. 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. _g E - LESSM and LESSEE, for themselves, their successors, exacutoTol, adulnistrators, and assigns, hereby agree to the full performance of the terms, conditions and covenants contained herein. IN WITNESS WHEREOF, the undersigned have executed this agreement this day and year above indicated. APPROPED AS TO FORM: LESSEE: CITY OF CUPERTINO a municipal corporation City Attorney ATTEST: City C11Ark APPROVED AS TO FORM: LESSOR: C MmU OF SANTA CLARA ni al c }�poration rj�,��-%City Attorney Mayor 1 ATTEST: City plan e r City Clerk -6- UVEIPT AGREEKW The undersigned LESSOR agrefti to rent to LESSEE and the undersigned LESSEE agrees to rent from LESSOR, upon the terms and conditions expressed In that certain Equipment Rental Agreement between these dated the day of , 19 and ttose set forth in this document, the following units of equipment: Estimated Location Anticipated Base Rental ype of Equipment Serial # Value of Use Rental Hr. Day Wk. Mo. Special: Conditions Overtime Plan Insurance Coverage The minimum period of rental is The maximum period of rental is LESSEE acknowledges that the listed equipment has been received in good mechanical wor%ing condition, and does hereby agree to return said equipment In like condition - reasonable wear and tear, as defined in referenced Equipment Rental Agreement, excepted. The LESSOR and LESSEE for themselves, their ouccessors, executors, administrators and assigns, hereby agree to the full performance of the terms, conditions and covenants contained in such Equipment Rental tgrefinent and this document. ly vrrms Fo we bove execurA this 60CueMt this ® day Of s 1� • LESSEE. Witness BY Return to Lessor of Equipment in LESSOR: good mechanical working condition is hereby acknowledged: Date BY BY RESOLUTION 110. 4038 A RESOLUTION OF THE CITY COUNCIL OF THE: CITY OF CUPERTINO AUTHORIZING EXECLTTON OF AX EQUIP,'-ENT RENTAL ACREMNT WITH ME CITY OF SAYrA CLARA WHEREAS, t laity of Santa Clara owns a street striper t.,-hich it uses in its governmental operati.ons; and WKEREAS , the City of Cupertino has a need for use of suci: equi.prler,t 47ror.2 time to time; and NIHEREAS, t:nere has been presented to the City Council an equipment rent<:j agree:aent uv Grd beLween the City of Santa Clara and tfh�_ Cit.%. Of Cupert ';,C setting forth t ? terms and pr0V4Si0I7F: for t-.c rental of hG' equa-,o "'It , ?P.r' Said ._;�"a`.C..' ...._ _;a hC'.CI, a-,proved by L,.? %ll:. ALtornu,, BE i',_ RESGLVED that the :or and tie t'._ Clem: are autheri -.ed to _.-::cute r_fh.., a reement herein x crruG to in or the Ci of Cupe,-r_ir,o. PASSE'D --:-- r',110PTED at a regular tneeti^_ v_ tiLc C: Cc-._ _il of the C _t: O: Cup-rl-ino _..:5 `6th day Of _October e l y%.� , D; t=. Gl.1 ti',, It r tG of t-he City Council. AYES' : � yers, Nellis, Sparks, Jackson NOES : None A1,SL'%'. . Frolich None /s/ James E. Jackson Mayor, City of. Cupertino ✓ ATTEST: /s/ Wm. E. Ryder City Clerk 1, A y�f To Ellen Pagnini, Deputy City Clerk _ _ �. From Bert J. riskovich, Dir. of Public works to Oct. 14,_ 1975 _ Subject Equipment Rental Agreement - City of Santa Clara Transmitted herewith are three sets of the referenced agreement for execution by the City of Cupertino, after which they should be transmitted to the City Clerk of the City of Santa Clara for its approval. Request th-,' a fully executed copy be returned to Cupertino. sm i attach. i