HomeMy WebLinkAboutCC Resolution 12276 (Rent/Lease Mobile Trailer)RESOLUTION #12276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE RENTAL/LEASE OF A MOBILE TRAILER FOR MANAGEMENT
SERVICES AND THE POLICE DEPARTMENT FROM PACIFIC MOBILE IN THE
AMOUNT OF $795 A MONTH, $9,540 A YEAR, AND A ONE TIME FEE OF $8,137.15
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS
FOLLOWS:
WHEREAS, the rental/lease of a trailer would expand the office space of the city
print shop and Police Department; and
WHEREAS, the use of the space is temporary and costs $795 a month, $9,540 a
year, and a one time fee of $8,137.15; and
WHEREAS, the city Management Services and Police Department will
use existing budgeted general funds to pay for the rent/lease of the trailer;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael as follows:
That all of the facts recited above are true and correct.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a special
meeting of the Council of said City on the 20th day of June, 2007, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
,ffS ffcsz G . r2ocD r -.--SR
JEANNE M. LEONCINI, City Clerk
Mobile M&W dwier Iiiings
PERATIPIG RENTAL AGREEMEP Data., 61412po7
Lease No.: 13825
This Agreement does not contain Right
of Purchase.
PACIFIC MOBILE STRUCTURES, INC.
HEREINAFTER REFERRED TO AS "LESSOR" Hereby rents and -hires to:
SEND STATEMENT TD:
SITE DESTINATION:
Lessee: San Rafael Police Department
Site Location: San Rafael Police Department
Address: P.O. Box 151550
Address: 1400 Fifth Avenue
San Rafael, CA 94915-1580
San Rafael, CA
Phone: 415/720-6149
Fax: 415/485-3043 site Contact: Jeff Franzini Site Ph: 4151720-6149
Ordered By: Jeff Franzini
PO#:
hereinafter called "lessee" that certain
Unit# 6079
Size: 24X40 Description: Mobile Office
at the monthly Rental Rate hereinafter set
forth and su ject to the terms and conditions herein, and the conditions stated on page 2
Term Start 6/x'1/2007 Term End
8/2 412 0 1 0
In consideration thereof Leasee hereby agrees as follows:
Rental Costs per Month
Ramps: 0 Steps: 2 Keys: ' 1 Add'I Equipment: Qty:
Unit per month
$7$5,00
$1150 Delivery Adjustable Step 2
Step/ramps per month
$20.00
- S300 Coupon
Furniture per month
$850.00
Other rental per month
Total Rental Cost per Month
$775.00
Temporary step furnished. Steps may not meet
all local codes. If alternate Is needed there will
Delivery/Set up Costs
be an additional charge .
Delivery freight
$850.00
Travel Permits / Pilots are additional if
Pilot car costs
required.
Unit set up cost
$1,595.00
Damage/Cleaning charges based upon
Tie downs installed No: 10
$750.00
building condition at return.
Other charges: $695 Foundation Eng.,
Skirting installed Yes
$1,795.00
5900 Increase floor load
Delivery/setup other charges
$495.00
Based on level, compacted and accessible site.
Damagalcleaning deposit
$1,595.00
If not, additional costs may be charged. Tie
Total Dal./Setup Costs
$7,080.00
downs are extra If required. If tie down option is
not taken customer assumes Ilablifty.
Return Costs
Return delivery
Skating/Down will be billed at $65 per man per hour if needed.
Return pilots car cost
Return costs billed at prevailing rate upon termination of lease
Unit tear down
Tie down removed Yes No: 10
Skirting removed Yes Yes
Return costs other charges
Total Return Costs
Subtotal All costs
$7,B55.0D
Return Costa based on original term end date.
Sales code/Tax 088 8.3%
$282.15
Costs after that date to be based on prevailing rate at date of termination
Total Startup Costs
$8,437.15
zyyr nyuFE S NOTICFBE PiGIGUP_DFBUILl3I9C
R_INSURANCE"k• Year: 2006 Mfg: Silver Creek Serial 4, 00023-1/2-
Lessee,
0023-1/2Lessee, at its expense will obtain and keep in force fire and extended coverage, vandalism and malicious mischief insurance covering said
property In the amount of $52,893, with a loss payable clause protecting 1..2ssor as its interests may appear, per Paragraph 5. Lessee will
also indemnify Lessor with respect to all liability in accordance with the provisions of Paragraph 14 on the second page hereof. Each and
every month during the term hereof, Lessee shall pay to PACiFIC MOBILE STRUCTURES, INC. in advance on the term start date of each
month the rental shown above, at PMSI remittance address as shown on the invoice.
Authorized Agent, Charla Uribe Branch: Northern CA I -HEREBY -WARRANT that-l-have-fully�ad-and-noted the -
51GN�p 11 ��n J Agreement stated on gag, his contract and received
�— a copy of same.
LESSOR: PACIFIC MOBILE STRUCTURES, INC. SIGNED ,
P.O. BOX 1020 PRINT NAME/ - —�^F -'�:l,
CHEHALIS, WA 98532
(360) 748-0121 FAX (360) 748-0578 TITLE C—
DATE
TERAIiS AND CONDITIONS
1. Return of Gryuipinettt — On termination of ibis lenrse, the lensed equipment Rhnli be
rctimircl to legmr In the same condition as Whca deliverod, fair
13. Accidents or Clnlms — Lcsscc shall within 24 hours t1Rer
went and tear expected.
«. f,esscc's I'oesessfmi on Tarminndon — If Leasco retains possession of lite (cased
property beyond the expiration dole without giving proper written
any unsually il,volvillg
the lensed equipment notify i,bssor by telephone, and wiailii 48 hours notify Le sur in
writing, Said report shall Riot* file dine, place, and nature of tile
notice of rcnewtd,
notice shaft have (111 n bion of (l) talting plc-1,i❑in of said property at Roy Lime wititau[
gnlicC or (ii) deeming 11tts Agrecmerit renewed
ovoph die c4imnge
nd sustany otbar information nitind, lilt: names and r n1[al ng la srossra ad event
persons irijilmd and �totlLmsor
! It
fig Fi month tcunncy upon ate same
terms And conditions QR slip loose_
andomartE
sl, 1 hralnpUy forwardvtd,
all correspondence, 1loticc9 Df documoJll9 received in ebunecann
3, Location nil El acd 1iq,lpmen f11 The loosed equipment shaft remain at duo
delivery site (if
tit❑ termination Icnse,
will, any Glairlt or
fng Ely the
nYesti;gaflodemnild nz and defense of�[lilril�nt or tIle
of this ut Whish time Lossor shall pfcic up the
leased cqujpuienl 771e leased equipment shalt not be moved wit floutLcssot'r prior
written
allet claims andtdcm ndg. Nothinglher� ne1s11R11 he
deemed in modify dmc provlsiong of paragraph 14, is which Lessee held Lessor
hanallm indemnifies
coh5crL
Assignment of Lcasnr —Lessor ratty assign 11tfs lease or the du❑
and Lessor ngain.t lilt those lnattcrs, and Lessor shrill llnvc net
resrt. pn�nb1lity to take tiny notion whalaonvcr III the event orsucil casualty.
sums [Yom Lassoo
l tliot be Subject ee shall rol]ntr such ass lghmont. All amopuls
and upon written o 511
Peynbla to QRsigneD shall not be subject to nny
q fiention
negligeuoe, Lessor Shall no-Liabill(y or t lie liable to�Lessee t for any loss, damage— Units ,tor b ornny
aIaLcmcut 1ahaL9uever or auhjncl to any
defense, setoff, counterclaim, or recolipment by tiny reason including any dunnage to
❑xiusnd
nse
kind or nature enitsed directly or indirectly by (lie leased equipment or by the nse,
or
loss or dcAruotion of the leased equipment, or by tiny reason of nny interruption Brom
any ❑apse wifaLgoevCr ill IItC vee, possession of stifd loosed equfpinent,
malntennnce, operation, handling or storage thereof or fbr the loss of Lessee'a Inkiness
or damn geR whatsoever or howsoever caused, Lessec does h6reby fndcm,ni [y Lessor
No Hsslgnment
S1111111 tclr�lgc Lessor of itis obl'tgallona to Lessee hcrcPndor, and no assignee of S egsor
Shall be obl ignicd to perforin ally of Lessor's duties
Hud holds LxvSar, or
its. agent. Sind yccq Croplohnless of and fl'otn ally and all lassos,
damngcs, claims, demands, or liability of allyhind or oR41i'D whaLSocvcr, iticlllding
or covenanl5 hcrcunder,
5. Insurance — Lessee, nL ita expcnso, will obtain "lid keep In force rim and
lcgnl expenses and nuorney's fees arising from the nse, condition or opotatldn of the
cxtcn(hcd
Coverage, vandnliRm and Inalicitms insurance, witli a loss pnyabnc ulnuso protecting
Lessor as its interests may appear, Lessee will also indemnify Lessor with respect to
lensed equipment
15, Defnuht— If LesSDa shall default in die paytricnt of Roy instulfinent of rent or nil)'
all linbility in nccorduuce wiill (lie pmviginn of Paragraph 14. if. Lessee site[[ full to
valor amoi nla pQy8111e hcrcunder by Lessee, or if Lcsscc fails in comply will, any other
of the leans, covenants, or cottditiorua herein hs
provide Lcsonr m41h Gonernl Liability, ntid other required insurance coverage within
Len (10) clays ll'brn the commencement
oil part to be Impt or performed, fir if
Lessec or iia creditors fifes, for iclicf under any banlrruptey or slmilnr law for the relirr
of Il,ig Lease, Lessee shall pay L.cssor a service
rcc or,30 per $100 value of the lensed property, provided dint avid lues shall not be less
of dcbtOr9, or if Lesoce shall make any assignment fbr the benefit of creditom, or Ir it
than $7.5 per niorllh. Salo fees shall be downed n penalty fee, not additional rent, jilis
fico does (tot release die L -mice of trspoltaibility for any and daningc
receiver be appointed to take possession of any assets of Lessee, Lesqnr May at its
Option terminate l,.cssce's right to possession of the lensed equipment by giyilig IwrltLan
till to the lensed
pl'opctty.
notice to L❑.gsee, The lensed equipment nud ally rights of Lessee (11 chl shall
t, Acccss null Site .- Losses shall provide frce Rnd clear access for delivery Rod return
of IGnsod equipment by standard trnii9port
thereupon be suriandcred to Lessor and Lamar may tnke possession thereof and tR
liereby Autllortz❑d by Lessee In enter upon any premises of Lessee wldiout notice for
mobile veliiclea. Lessee AMR provide filen
rind level ground on no more thnn six-inch slope from pna end to Ilia for
Rurh purposes, Lessor shall retain all rents nod any other amounts paid by >_,csscc
other safe
Installation of ale lcnsctl cgnripmettL Sltb selection is tihc Role regpontsibtllty of Lessen
bcrcundor. Reposaesslon by L=Ailr or tl,c sarrcndcr of the lensed equipment to f,.essnr
shall not nf?bct Ilia right of Lessor to recover from Lessec tiny and all dmnaNes which
and ICSSor shall have no linbility for dcter dining the adequacy of any Rita. Lessee shall
be responsible for obtaining any permits required to install find operate ate cquipmenL
Lessor shall have sitstaitled by reason of the breach of any of the covenants, tcrMs, or
conditions thereof,
7, Service — Lcsscc shall provide Fit Lessee's expense adequate clectricnl power, water
and other utility services whir proper connection to ICsscd
Lessee shall conlintle to be responsible for fila ronin) payments
provided for herein for the remainder of the term of the Lanse and for tits payment of
equipment:
8, Dellvel'y by Lessor— Lessor Rltall not be liable to Lessec for Roy fniluro or doloy Int
any other amounts tv be made by it hcrcunder. Lessor may (a) rclet ale lensed
equipment or tiny portion for such periodR, ❑t such rental amounts wR it drains
delivering die leaver! equipmcnt By laking delivery thereof Lessee aCln,nwlcdgcs fent
RclAmble, rind after deducting its costs and expenses in such reletting, may apply any
the loosed oquiprnr lit. is in good wonting condition and is fit for the purpose for which
net proceeds received thercfrmtt to the amounts payable by Less= hereunder, or (h)
it is len.-Cd. Lossee has the option to obtain licensed Find insured qct „p and towing
sell the lapsed equipment or any portion thercoL Rnd filler deducting its Cont$ rind
conlr;4lctors for the delivery or return bf the ]eased equipment
-xpen7es in ennimatitm with Reid Rule er anics, apply the not proceeds tiurcor to Ills
9- Tnstg, (:ccs and i.xpcnses — In addition to ilio rental payments provided for
11croln. Lcsscc shall pay all expenses, fees and charges incurred in connection wiai the
amounts payable by Lessee hereunder, and Lessee shall pay any deficiency Rs
determined by lbs amount (he not pr❑coeds of said sale or reletting is less than the
lcRYcd rilOprnent, die fisc 111cr'eof during the fflrin hereof, fines, Sorvieing cost$, Yale$
rimovat to be paid by Lessee horeundcr, or (C� CMCCI and tcrminntc the ICQse. Ila
L111 -e, Ufa taxes, portional Sit rant properly [m cp and other Sid vnlnrom tRACF, and nil
nddition to nny "that temadioF prcrvided'fnr herein, L.easmr may rocovar from Lmcoc
nssesRlncnts nod other governmental chargrs whnL:oavnr ❑nd by whomgocvcr pnyebir
the worth at the time of lilt tennlrintion of die lease of tine Cxttsa Of Ilse amount o r rent
nil .chid lohoad equipment Sir an ilia mt;te, ownership, llacge,¢vimn, renal, shipment,
rind charges aquivnlcnt to rent regcrved herein riot the remainder of the terin of the leasr
trnrtspbrtnliNt, delivery or opttridon thereof, However. Lessnr shall pny if -aping and
over rile tl1Cn reslsnnnhle rental value of the leased equipment for the remainder of Lhc
rrgiatralion fees and fcidernl or 91,1111- net hhcome fixes bgni[tst Lessor on or inonsurotl by
sin1,td term, and Lessor Shall have till other remedies in its favor existing lave. equitp, or
raninh pnynhle hereunder or the net Income IIIrj't:rtorrh Lcsscc shall rehllburse Lessor
bmrkruiitcy, nod time remedies herein shall be deemed to be nccumulative nhd not
Upon demand for [Ile hill nulotint of nny costs paid by Lessor, which eorlsdLute an
cxclusfvo.
obligation or Lessee,
K Attorney's Fees , Collection Ircca , rind Costs— In lho eveilt Leasee shall dernult
W, Lawful URc, Aasignincttt, and Subletting -- Lessee shall use or pormit Ilio ase of
liorouridor, Loigor shall be entitled to recover from Leasee, in addition to all other items
the lensed equipmcnt only for lawtul putpoaea. The leased equipment shall be Sit nil
of dnmagcs, all eoYts and cxpensea, including ca rrt costs and reasonable atlorncy's fees
tunics used and operated in cllmpliancr: with all laws of tiny jurisclielion in which it is
in the event Suit is Filed by Lessor to airforce ifs rights nod remedies hereunder,
located. Lessor shall not Hssign, 1pnlafer, quhret, or In any way assign its rights
17, miscennoenus — Time is ofthe essence regarding this.Len-9c. This Lcasc shall be
hereunder, mid shall not pledge, permit to hr: licited, nlortgago, liypothoc lto, or
construct[ and 'interpreted under ilio laws of ilio state of Cahrnrnia, and may be signed
ndlerwise onculnber or change its rigimis or rote c,Sts hercuhdcr. '
in any numhcr of cottrILCrparLS and esoti shall Constitute n duplicate otiglnal. '1'l,.^.
11, Ninfuttnnnce, bsm❑ge ant] Deslrut(lon --Lessee shall Rt Ltgscc'S pwn ZXIICILyC
parties agree to CXCDUtc, or if retlulred, acknowledge, such hnrtlicr oohnterpattt hcreoror
at all limos keep the equipment in goad and efneient warping order, condition Find
any other documents as may be necessary to enmpty wian Ilic provisions of any
repair and shall keep and maintain tbDroon such idcntificadna of ownership as Lessor
npplicRble law at any Lime in fordo which requires the recording or filing of this IeRsc
cony require. Lessor will itininfnin rutd make any mpahe required from normal use to
or A copy thereof in any public offico of the United Stags or any State or I)tllilienl
ilia roof, doors, windaws, light fixtures, herltilig, ventilating and air conditioning
subdivision, and LrRscc egrom In pity the fees or charges Imposed ify law for any such
Fyatelna, exrapl glut Lessor. shall replace fleeting, ventilating and nir conditioning
mandatory filing or recording as well Rq the amount or any stamps or documenlrily
filters and burnt out lamps ns required rod pay for any dninage caused 11y due Lessee.
taxes, hdernl or stilts, levied or w.gcgsCd on this Lease, Tho rclntionship braween
Ixsso"ball-b arUte rlslrof dmmnge, theft of dosltuclion nFdie-Ieaauicqulpmenti Dii3
parties herein is that of Lessor and Losses and Lessee's ohly intaracL herein is as n
every onwt; nhd shnll malte all repinoement% repnirs or sulmilitann of part;. of
L. arc, The JrBRad equipment shrill rcmnfn parsolio proper y T77
equipment d1Crc❑n at its expense, Oil Or which 17110 Constitute mi accession to the
mlmncr orottarl,mcnt to really.
Icasetl equipment If LCS50❑ dues not adoquatoly maintain die equipment or udequilitly
ropnir any dbtnage Cllr Whirl, )Caste is revponible, Lessor shall have
1,.0. Nollccs — All aotloea' required 1.,nrler the tool and provision of Ilia 1_-cwte shall ho
ht
the option to
Pereyra tits malnicnence or repair at L=BeC B expcnae. Any derange by
writing and such notieoe ahali beeolrro cPfoctivo when dGp.tited ih die United States
cauncd
negligence of Lessor will be tepalred at ilia crcpcnse of Lessor. • Lessec shall at its
mall, with proper Montage prepaid, addressed to the pardw: at such respeOLive addresses
appearing herein, or at such other addresses to either party may from time to time
expense provide adequate janitorial service to ?coop he loaaod equfptnont fn good
noting the other In.yridnr,
condlUon, Chir wonr bnd leor excepted.
1 �.. inspection b Lessor - Lessor May i1
1,1 y ] Iapvct f is Irmcd equipment nL any
19. ilnttrest—Should Lcssoe lkil to pay any part of Lite rcnG heroin reserved or any
reasonable time, and shall have the right 1,0 lint any notice oCnon-res,ortsibility yr any
other nattce protecting Im interagt,
oilier sutra required by Lessee to be paid to Lessor, lAasce shall pay unto f,casor
interest on such dclingtimt pRymcnis from ilio dBtc thcr❑of until paid at maximum m1c
permitted by IoW. Page 2
Lease Agreement Addendum) #1
RE, INSURANCE CERTIFICATES — Unit 0 M 4'
We thank you for your business. In accordance with our Rental/Lease Agreement, "Lessee, at its
expense, will obtain and keep in force, Are and extended coverage, vandalism and malicious
Insurance, with a loss payable clause protecting Lessor as its Interest may appear." Lessee will
also Indemnify Lessor with respect to all liability in accordance with the provision of Paragraphs 5
& 14 for the Mobile building leased from Pacific Mobile.
* General Liability in the amount of $1,000,000.
* Property Damage Coverage for the replacement cost of the unit.
* Pacific Mobile Structures, Inc. requires being listed as Loss Payee, Additional Insured,
as well as Certificate Molder.
Please contact your insurance company and have them forward to us, directly, you're most
recent insurance certlflcater naming Pacific Mobile Strucur_es. Inc. a$ loss pavee and additional
Insured, Please have them include the Unit # A Company name as shown as Lessee on
the Rental Lease Agreement. . .
In addition, we require 30 days notice of cancellation from Your carrier when your insurance has
been, or will be canceled; and we will require an insurance certificate from your new Insurance
carrier immediately.
PLEASE NOTE THAT: As set forth in your contract, if an insurance certificate is not received within 10
days from the start of the lease you will be charged a monthly service fee equal to .30 per $100 value of the
leased property, provided that said fee shall not be less than = per month. This fee shall be payable with
the monthly rent payment, This is not Insurance, This fee does not release you of the
responsibility for any and all damage to the leased property.
VALUE d< --.I SERIAL #�
Lessee' si a ure
Please return this page with your signed lease agreement.
Thank you,
"The lessor understands and acknowledges that the lessee public agency is self-insured and lessor accepts
lessee's letter of self-insurance in satisfaction of Paragraph 5 of the Agreement and of the requirements of
this Addendum."
Lessor's Signature:
CITY OF Mayor
Albert J. Boro
Council Members
Paul M. Cohen
Barbara Heller
G,r N. Miller
Gary 0. Phillips
OFFICE OF THE CITY ATTORNEY
Gary T. Ragghianti, City Attorney
Clark E. Guinan, Assistant City Attorney
Eric T. Davis, Deputy City Attorney
June 7, 2007
Ms. Charla Uribe
Pacific Mobile Structures
Northern California branch
P.O. Box J
Modesto, CA 95352
RE: Citv of San Rafael Self -Insurance
Dear Ms. Uribe:
The City of San Rafael has no commercial general liability insurance coverage. As
permitted under California Government Code section 990, the City is self-insured for general
liability and participates in a public -entity excess liability "pool", the California Joint Powers Risk
Management Authority (CJPRMA), for excess liability coverage in excess of the City's self-insured
retention.
As memorialized by the additional language added to Addendum #1 entitled "Insurance
Certificates", the City understands that this letter will satisfy the insurance requirements of
paragraph 5 of the "Terms and Conditions" of the Agreement and the specific requirements of
the Addendum.
Please call me should you have any questions.
ffV AT
cc: Matt Odetto, Chief of Police
Jeff Franzini, Captain of Police
City Attorney
1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560
PHONE: (415) 485-3080 / FAX: (415) 485-3109 / email: city.attomey@ci.san-rafael.ca.us