Resolution No. 2012-035RESOLUTION NO. 2012-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MASTER RENTAL LEASE AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND PACIFIC MOBILE STRUCTURES, INC.
FOR THE LEASE OF TWO MOBILE TRAILER UNITS LOCATED
AT FIRE STATION NO. 1
WHEREAS, on March 1, 2010, the City Council of the City of
Vernon adopted Resolution No. 2010-36 approving a Master Rental Lease
Agreement for the period of January 18, 2010 through January 18, 2011
with Pacific Mobile Structures, Inc. ("Pacific") whereby the City
directly leased two mobile trailer units for Fire Station No. 1; and
WHEREAS, on February 1, 2011, the City Council of the City
of Vernon adopted Resolution No. 2011-18 approving a Master Rental
Lease Agreement for the period of January 18, 2011 through
January 18, 2012 with Pacific; and
WHEREAS, by memo dated February 7, 2012, the Director of
Business Services has recommended that the City enter into a Master
Rental Lease Agreement with Pacific for the period of January 18, 2012
through January 17, 2013; and
WHEREAS, the City Council of the Vernon has determined that,
pursuant to the provisions of subsection (b)(1) of Section 2.27 of the
Vernon City Code, it is in the best interest and necessity to enter
into a lease agreement with Pacific to ensure the uninterrupted
operation of the administrative offices of the Fire Department and
enhance the efficient operation of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Master Rental Lease Agreement with Pacific (the
"Agreement"), a copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro -Tern to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk or Deputy City
Clerk is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the Vernon hereby directs
the City Clerk, or the City Clerk's designee, to transmit two executed
Agreements to:
Pacific Mobile Structures, Inc.
Attention: Michael Thompson, Agent
39252 Winchester Road #107-406
Murrieta, CA 92563
2
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 21st day of February, 2012.
Name: William J. Davis
Title:/ Mayor Pro-Tem
-3_
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-35, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, February 21, 2012, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of Febru y, 2012, at Vernon, California.
� A
W' lardY/amaqclli, i y Clerk
(SEAL)
4
EXHIBIT A
MASTER RENTAL LEASE AGREEMENT Date: 1118/2012
PACIFIC MOBILE STRUCTURES, INC. HEREINAFTER REFERRED TO AS "LESSOR' Hereby rents and hires to:
SEND STATEMENT TO: SITE DESTINATION: +�
Lessee: 'City of Vernon Location -T-94 a?etewalaeC See adWendwy)
Address: 4305 Santa Fe Ave. Address: + r 2
Vernon, CA, 80058
Phone: ;323-583-8811 Fax: 323-826-1407 Site Contact: Site Ph:
Ordered By: Mark C. Whitworth PO#:
hereinafter cilled'lessee" that certain Unit# , Size: , Unit Description:
at the mont4 Rental Rate hereinafter set forth and subject to the terms and conditions herein, and the conditions stated on page 2
Term Start 11/18/2012 Term End 1118/2013 In consideration thereof Lessee hereby agrees as follows
Under the general cohditions Of lease printed on the reverse side of this sheet, the Lessor hereby
agrees to rent Lessee various items of equipment from the Lessor's rental fleet on both a continuing
and peripdic basis and Lessee agrees to pay for such rental in funds currently due. 3:hQ FAata'Fate
and all equipment rented to Lessee by Lessor shall be under the
terms avid conditions of the balance of this agreement, pages 1 and 2.
The equipment under this agreementsaa!! B6 us' ed at various construction project sites within the
state AfFStates and rental cha.rqesshall be accounted for and billed by Lessor by project.
i kb 4 v ewnon /N
Attached Addendums: #1 Pricinq Plus Tax Spread Sheet, #2 Addendum to Master Lease Agreement
Sales Tax Not Included. Please Note: Sales Tax Break Down on attached spreadsheet. This
agreement only applies to units 6085 (24x60) and 9133 (10x24).
Rental Rate for lease term: 01/18/12-01/17/13 remains at the same rate as original term.
TWO WEEKS NOTICE REQUIRED FOR PICK-UP OF 13I DING
Pricing is be�sed on an exclusive agreement between Pacific Mobile and City of Vernon.
Pacific Mobile agrees that pricing applies to all branch locations.
"=INSURANCE•": Year: Mfg: Serial #:
Lessee, at itl expense will obtain and keep In force fire and extended coverage, vandalism and malicious mischief insurance covering said
property in the amount of the market value of the building, with a loss payable clause protecting Lessor 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: Michael Thompson BranchSouthem CA I HEREBY WARRANT that I have fully read and noted the Agreement
1 stated on page 2 of this contract and Addendum to Master Rental
SIGNED 4 a 1 Z Lease Agreemment and received a copy of same.
SIGNED
LESSOR: 'PACIFIC MOBILE STRUCTURES, INC.
P.O. BOX 1404 TITLE
CHEHALIS, WA 98532
(360) 748-0.121 Fax (360) 748-0578 DATE
Southern California Branch
2323 Hall Avenue, Riverside, CA 92509 (Physical Address)
39252 Winchester Road#107.406, Murrieta, CA 92563 (Mailing Address)
Mobile & Modular Buildings 800-441-6123 phone 951-782.8142 fax
Odd Id +-� 1
''�,{*�y F'
`.'d "`i, kk,..
r 7?ta 4r.R 5,i f is XI ��?C'>Y !,', c� 5 r""ef �'1' r5q`6'�.
Grand Total ' $ 27,449.7E
LEASE/RENTAL TERMS AND CONDITIONS
This is an agreement between Pacific Mobile Structures, Inc. (PMSI) and Renter.
I. Basic Terms/Quote Form - The basic terms of this Agreement, including but not
limited to, rental price, Renter's identity, are set forth in the cover letter and Quote
Form accompanying these Terms and Conditions. Additional terms and details
agreed upon after Renter returned its signed Quote Form are set forth in the Order
Confirmation. Renter acknowledges that absent written notice within 48hours of
receiving the Order Confirmation, the additional terms and details therein are
deemed incorporated into this Agreement. The following terms and conditions also
2. Assays/Site Conciflions/Utility Service — Renter shall provide free and clear
access for delivery and return of leased equipment by standard mobile transport
vehicles. Renter shall provide firm and level ground on no more than six-inch slope
from one end to the other for safe installation of the leased equipment. Site selection
is the sole responsibility of Renter and PMSI shall have no liability for determining
the adequacy of any site. Furthermore, PMSI solely reserves the right, for any
reason, to refuse to release delivery to any site it deems inadequate for use or
installation. Renter shall be responsible for obtaining any permits required to install
and operate the equipment. Renter shall provide at Renter's expense adequate
electrical power, water and other utility services with proper connection to leased
equipment.
3. Other Fees, Expenses and Taxes — In addition to the rental payments provided
for herein, Renter shall pay all expenses, fees, charges, and fuel surcharges incurred
in connection with the leased equipment durinit its delivery. use and recovery_
taxes, use taxes, personal or real property taxes and other use taxes, and all
assessments and other governmental charges whatsoever payable on Renter's use.
possession, rental, shipment, transportation, delivery or operation thereof.
4. Delivery by PMSI / Location and Return of Leased Equipment — PMSI shall
not be liable to Renter for any failure or delay in delivering the leased equipment
By taking delivery thereof Renter acknowledges that the leased equipment is in good
working condition, free of any physical defect or damage, and is fit for the purpose
for which it is leased. Further, the leased equipment shall remain at the delivery site
until the termination of this lease, at which time PMSI shall pick up the leased
equipment. The leased equipment shall not be moved without PMSI's prior written
consent.
5, Lawful Use, Assignment, and Subletting— Renter shall use or permit the use of
the leased equipment only for lawful purposes and operate in compliance with all
laws. If the leased equipment is used by any parry in association with unlawful
activity prior to it being returned to PMSI, Renter agrees to reimburse PMSI upon
demand for any and all incidental costs PMSI incurs, including, but not limited to,
time and cost expenses associated with pani..pining in governmental administrative
or law enforcement processes, attorney fees, and remedial costs. Renter shall not
assign, transfer, sublet, or in any way assign its rights hereunder, and shall not
pledge, Permit to be lined, mortgage, or otherwise encumber its rights or interests
hereunder. All third -parry claims of possession, interest or ownership outside those
of PMSI's or the Renter, as stated herein, shall be deemed invalid.
6. Insurance— Renter, at its expense, will obtain and keep in force Property damage
insurance -special form, replacement cost coverage, with PMSI added as loss payee,
ATIMA. Renter will also indemnify PMSI with respect to all liability in accordance
with the provision of Paragraph 9 and provide general liability protection in the
amount of S1,000,000 each occurrence listing PMSI as additional insured. If Renter
shall fail to produce the required property insurance coverage certificate within ten
(10) days from the commencement of the Lease, they are automatically opted into
the Property Damage Waiver Program referenced in Section 7 until proof is
presented.
7. Properly Damage Waiver Program Option — Renter's participation in the
Property Damage Waiver program relieves the requirement that Renter provide
PMSI with a property damage insurance certificate, as required in the preceding
Insurance Damkratifl. However, eenent liability insurance still needs to he
contents.
turrrnqunao, smsmw activity, mgn winds, nurricane, romped, rood), acts of
terrorism, building contents, damages caused by Renter or its employees, collision
damage from vehicles and other equipment, collision damage while being
transported or moved, abuse or neglect by Renter. The responsibility for property
damage due to these perils is on the Renter. nottc • Either party can cancel
the waivers with 10 days prior written givers are canceled, the
customer must provide Insurance. The waiver foes must be paid in order for this
option to be valid. If the customer fails to pay [heir rent or the waiver fees the
waivers are terminated automatically. Claims• Must be reported by fax or email
within 48 hours of their oceurtence for t ere Pro —perry damage waiver to be valid.
8. Accidents or Claims — Renter shall within 24 hours after any property damage or
casualty event involving the leased equipment notify PMSI by telephone, and within
48 hours notify PMSI in writing. Said report shall state the time, place, and nature of
The event, the damage sustained, the names and addresses of persons involved, persons
injured and witnesses, and any other information relating to said event and it shall
Promptly forward to PMSI all correspondence, notices or documents received in
connection with any claim or demand relating to the leased equipment or its operation,
and shall aid in the investigation and defense of all such claims and demands. Nothing
herein shall be deemed to modify the provisions of the Paragraph herein in which
Renter holds PMSI harmless and indemnifies PMSI against all these matters, and
PMSI shall have no responsibility to take any action whatsoever in the event of such
casualty.
9. Non -Liability of PMSI and Indemnification — Unless caused solely by PMSI's
negligence, PMSI shall not be liable to Renter for any loss, damage, or expense of any
kind or nature caused directly or indirectly by the leased equipment or by the use,
maintenance, operation, handling or storage thereof, or for the loss of Renter's
business or damages whatsoever or howsoever caused. Renter does hereby indemnify
PMSI and holds PMSI, its agents and employees harmless from any and all losses,
damages, claims, demands, or liability of any kind whatsoever, including legal
expenses and attorney's fees arising from the use, condition or operation of the leased
equipment.
10. Maintenance, Damage and Destruction — Renter shall at Renter's own expense
at all times keep the equipment in good and efficient working order, condition and
repair and shall maintain thereon such identification of ownership as PMSI may
require. PMSI will maintain and make any repairs required from normal use to the
roof, doors, windows, light fixtures, heating, ventilating and air conditioning systems,
except that Renter shall replace henting, ventilating and air conditioning filters and
burnt out lamps as required and pay for any damage caused by the Renter. Renter
shall bear the risk of damage, theft or destruction of the leased equipment from every
cause, except as outlined in paragraph 7, if selected, and shall make all replacements,
repairs or substitution of pans of equipment thereon at its expense, all of which shall
constiNla Renter's obligatory maintenance of the leased equipment. If Renter does not
adequately maintain The equtpmenl or adequately repair any damage for which Renter
Is responsible, PMSI shall have the option to perform the maintenance or repair at
Renter's expense. Renter shall al its expense provide adequate janitorial service to
keep the lapsed equipment in good condition, fair weer and leer excepted. On
termination of this lease, the leased equipment shall be returned to PMSI in the same
condition as when delivered, fair wear and fear excepted.
1 L. Inspection by PMSI - PMSI may inspect the leased equipment at any reasonable
lime, end may post any notice of non -responsibility or interest protecting notice.
12. Default —Renter defaults on this Agreement if Renter fails to: snake timely
payment of any rent installment or other amount due and payable; or, comply with the
other terms, covenants, or conditions herein. Default also occurs if Renter or its
creditors files for relief under any bankruptcy or similar debtor relief law, or if Renter
assigns for the benefit of creditors, or if a receiver is appointed to take possession of
any assets of Renter, n PMSI may at its option immediately terminate
Renter's right to possession o the used equipment by giving written notice to Renter,
nanm agrees rant me leased egmpmem 0011 ne Surendered to
PMSI and PMSI may lake possession thereof by entering upon Renter's premises
without further notice of repossession. PMSI shall retain all rents
and any other amounts paid by Renter herounder. possession by PMSI or the
surrender of the leased equipment to PMSI shell not affect the right of PMSI to
rocover from Renter any and ell damages which PMSI shall have sustained by reason
of Renter's breach. PMSI reserves the right to (e) relet the leased equipment and apply
any net proceeds as an offset td any unperformed Renter temt, or (b) sell the leased
equipment and apply the net proceeds es appropriate under the circumstances to
Renters unperformed financial obligations, or (c) cancel and terminate the lease. In
addition ta any other remedies provided for herein, PMSI may recover from Renter the
worth et the time of the termination of die lease the unperformed value of the lease.
13. Renter's Possession on Termination — If Renter retains possession of the leased
properly beyond the term expiration date without proper written renewal notice, PMSI
shall have the option of (i) repossessing its property at any time without notice or (ii)
deeming this Agreement renewed as a month to month tenancy.
14. Attorney's Fees, Collection Fees, Costs, interest — If Renter defaults on this
Agreement, PMSI shall be entitled to recover from Renter all items of damages, costs
and expenses, including court costs and reasonable attorney's fees, incurred by PMSI
.to enforce its rights and remedies hereunder. PMSI shall also be entitled to interest on
delinquent payments at the maximum rate permitted by law.
15. Miscellaneous — This Lease shall be construed and interpreted under the laws of
the state of California. All signed copies shall constitute duplicate originals,
16. Notices — All notices required under the term and provision of the Lease shall be
in writing and shall become effective when: deposited in the United States mail, with
proper postage prepaid, addressed to the parties at the respective addresses appearing
herein; and/or, upon actual delivery by other means, including electronically.
Rev. Auauet 2010 Page 3 of 3
Addendum #2 to Master Lease Agreement
1. Pacific Mobile signage to remain on building at all times.
2. Payment terms are Net 30 days upon receipt of invoice. Late penalty charge will 1 % % per
month for all accounts past due.
3. Two weeks notice must be given for return of units or they will be billed for an additional
month.
4. Site Destination:
Location: Fire Station No. 1
Address: 3375 Fruitland Avenue, Vernon, CA
Los Angeles County, or such other location within the City of Vernon as Lessee shall designate
from time to time in writing to Lessor.
Site Contact: Mark C. Whitworth
5. The initial Term of Agreement shall commence on January 18, 2012 and end on January 17,
2013. Thereafter, the Term of the Agreement shall be on a month -to -month basis. The rental
rate during the Term of the Agreement shall remain as stated in the Agreement. The Lessee
may terminate the Agreement at any time during the Term upon 30 days prior written notice to
Lessor.
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
February 22,2012
Michael Thompson, Agent
Pacific Mobile Structures, Inc.
39252 Winchester Road #107-406
Murrieta, CA 92563
Re: Master Rental Lease Agreement — Two Mobile Trailers at Fire Station No. 1
Dear Mr. Thompson:
Transmitted herewith is one original fully executed lease agreement referenced above, approved
by City Council on February 21, 2012, through Resolution No. 2012-35.
If you have any questions regarding this matter, please call Ms. Martha Valenzuela, at (323) 583-
8811 ext. 226.
Very ly yours;
WILL R
City Clerk
WY:dj
Enclosure
c: Mark Whitworth
Purchasing Department
Resolution No. 2012-35
Agreement No. 12-022
Ey,cfusivefy Industfid
MASTER RENTAL LEASE AGREEMENT
Date: 1/18/2012
PACIFIC MOBILE STRUCTURES, INC. HEREINAFTER REFERRED TO AS "LESSOR" Hereby rents and hires to:
SEND STATEMENT TO:
Lessee: City of Vernon
Address: 4305 Santa Fe Ave.
Vernon, CA, 90058
Phone: 323-583-8811
Ordered By: Mark C. Whitworth
SITE DESTINATION:
Location See O�dderd�
Address: 2
Fax: 323-826-1407 Site Contact: Site Ph:
PO#:
hereinafter called "lessee' that certain Unit# , Size: , Unit Description:
at the monthly Rental Rate hereinafter set forth and subject to the terms and conditions herein, and the conditions stated on page 2
Term Start 111812012 Term End 1/18/2013 In consideration thereof Lessee hereby agrees as follows:
Under the general conditions of lease printed on the reverse side of this sheet, the Lessor hereby
agrees to rent Lessee various items of equipment from the Lessor's rental fleet on both a continuing
and periodic basis and Lessee agrees to pay for such rental in funds currently due. -The Fental Fate^
_
I=cs,m fFeF . iffim . to time ARd , i, and all equipment rented to Lessee by Lessor shall be under the
terms and conditions of the balance of this agreement, pages 1 and 2.
The equipment under this agreementsPaall us' ed at various construction project sites within the
All
des and rental charges all be accounted for and billed by Lessor by project.
Attached Addendums: #1 Pricinq Plus Tax Spread Sheet, #2 Addendum to Master Lease Agreement
Sales Tax Not Included. Please Note: Sales Tax Break Down on attached spreadsheet. This
agreement only applies to units 6085 (24x60) and 9133 (10x24).
Rental Rate for lease term: 01/18/12-01/17/13 remains at the same rate as original term.
TWO WEEKS NOTICE REQUIRED FOR PICK-UP OF BUILDING
Pricing is based on an exclusive agreement between Pacific Mobile and City of Vernon.
Pacific Mobile agrees that pricing applies to all branch locations.
**INSURANCE**- Year: Mfg: Serial #:
Lessee, 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 the market value of the building, with a loss payable clause protecting Lessor 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: Michael Thompson Branch Southern CA
SIGNED /I4� 12
LESSOR: PACIFIC MOBILE STRUCTURES, INC.
P.O. BOX 1404
CHEHALIS, WA 98532
(360) 7 8-0121 F c (360) 748-0578
APP EA
11
W 1 and d. Ya c i ief Deputy
City Attorney
I HEREBY WARRANT that I have fully read and noted the Agreement
stated on page 2 of this contract and Add dum to Master Rental
Lease Agreemme an eiv a cogy o ame.
SIGNED`—
Southern California Branch
2313 Hall Avenue, Riverside, CA 92509 (Physical Address)
39252 Winchester Road #107-406, Murrieta, CA 92563 (Mailing Address)
Mobile &Modular Buildings 800441-6123 phone 951-782-8142 fax
OdderdUxy-, # i
Description Mnthly Rent -Office Mnthly Rent -Ramp
Rental Amount $ 1,105.00 $ 266.00
Taxable? yes Yes
Taxamount 5 96.69 5 23.28
Amount $ 1,651.00 $ 1,595.00 $ 420.00 $ 672.00 $ 845.00
Taxable? Ves No No Yes No
Tax amount S 144.46 1 S - $ - $ 58.80 1 $ -
Rental Amount $ 249.00 $ -
Taxable? Yes Yes
Tax amount $ 21.79 $
Desciption Return Freight 1 Tear Down I Tledown Rem (6) Skirting Rem (26811)
Amount $ 338.00 S 79.00 S 180.00 S 272.00
LEASE/RENTAL TERMS AND CONDITIONS
This is an agreement between Pacific Mobile Structures, Inc. (PMSI) and Renter.
1. Basic Terms/Quote Form -The basic terms of this Agreement, including but not
limited to, rental price, Renter's identity, are set forth in the cover letter and Quote
Form accompanying these Terms and Conditions_ Additional terms and details
agreed upon after Renter returned its signed Quote Form are set forth in the Order
Confirmation. Renter acknowledges that absent written notice within 48 hours of
receiving the Order Confirmation, the additional terms and details therein are
deemed incorporated into this Agreement The following terms and conditions also
apply to this Agreement.
2. Access/Site CondilionstUtility Service — Renter shall provide free and clear
access for delivery and return of leased equipment by standard mobile transport
vehicles. Renter shall provide firm and level ground on no more than six-inch slope
from one end to the otter for safe installation of the leased equipment. Site selection
is the sole responsibility of Renter and PMSI shall have no liability for determining
the adequacy of any site. Furthermore, PMSI solely reserves the right, for any
reason. to refuse to release delivery to any site it deems inadequate for use or
installation. Renter shall be responsible for obtaining any permits required to install
and operate the equipment. Renter shall provide at Renter's expense adequate
electrical power, water and other utility services with proper connection to leased
equipment.
3. Other Fees, Expenses and Taxes — In addition to the rental payments provided
for herein, Renter shall pay all expenses, fees, charges, and fuel surcharges Incurred
in connection with the leased equipment during its delivery, use and recovery.
Additional charges include, but are not limited to, the following instances: (I ) where
assessments and -other governmental charges whatsoever payable on Renter's use,
possession, rental, shipment, transportation, delivery or operation thereof.
4. Delivery by PMSI / Location and Return of Leased Equipment — PMSI shall
not be liable to Renter for any failure or delay in delivering the leased equipment.
By taking delivery thereol'Renter acknowledges that the leased equipment is in good
working condition, free of any physical defect or damage, and is lit f'or the purpose
for which it is leased Further, the leased equipment shall remain at the delivery site
until the termination of this lease, at which tine PMSI shall pick up the leased
equipment The leased equipment shall not be moved without PMSI's prior written
consent.
5. Lawful Use, Assignment, and Subletting— Renter shall use or permit the use of
the leased equipment only for lawful purposes and operate in compliance with all
Imes, It the leased equipment is used by any party in association with unlawful
activityprior to it being returned to PMSI, Renter agrees to reimburse PMSI upon
dennand for any and all incidental costs PMSI incurs, including, but not limited to,
time and cost expenses associated with participating in governmental administrative
or law enforcement processes, attorney fees, and remedial costs. Renter shall not
assign, transfer, sublet, or in any way assign its rights hereunder, and shall not
pledge, permit to be liened, mortgage, or otherwise encumber its rights or interests
hereunder. All third -parry claims of possession, interest or ownership outside ([lose
of PMSI's or the Renter, as stated herein, shall be deemed invalid.
6. Insurance —Renter, at its expense, will obtain and keep in force Property damage
insurance -special form, replacement cost coverage, with PMSI added as loss payee,
ATIMA. Renter will also indemnify PMSI with respect to all liability in accordance
with the provision of Paragraph 9 and provide general liability protection in the
amount of $1,000,000 each occurrence listing PMSI as additional insured. If Renter
shall fail to produce the required property insurance coverage certificate within ren
(10) days from the commencement of the Lease, they are automatically opted into
the Property Damage Waiver Program referenced in Section 7 until proof is
presented.
7. Property Damage Waiver Program Option — Renter's participation in the
Property Damage Waiver program relieves the requirement that Renter provide
PMSI with a property damage insurance certificate, as required in the preceding
Insurance ra neraph. However. general liability insurance Still needs to he
unit itself: and Renter is responsible for insuring the contents. The waiver does not
Sandy if the uroneriv damage is caused by an, of the following: acts of God
(earthquake, seismic activity, high winds, hurricane, tornado, flood), acts of
terrorism, building contents, damages caused by Renter or its employees, collision
damage from vehicles and other equipment, collision damage while being
transported or moved, abuse or neglect by Renter, The responsibility for property
damage due to these perils is on the Renter. Cancellation: Either parry can cancel
the waivers with 10 days prior written notice. If the waivers are canceled, the
customer must provide insurance. The waiver fees must be paid in order for this
option to be valid_ If the customer fails to pay their rent or the waiver fees the
waivers are terminated automatically. Claims: Must be reported by fax or email
within 48 hours of their occurrence for the Property damage waiver to be valid.
8. Accidents or Claims — Renter shall within 24 hours after any property damage or
casualty event involving the leased equipment notify PMSI by telephone, and within
48 hours notify PMSI in writing. Said report shall state the time, place, and nature of
the event, the damage sustained, the names and addresses of persons involved, persons
injured and witnesses, and any other information relating to said event and it shall
promptly forward to PMSI all correspondence, notices or documents received in
connection with any claim or demand relating to the leased equipment or its operation,
and shall aid in the investigation and defense of all such claims and demands. Nothing
herein shall be deemed to modify the provisions of the paragraph herein in which
Renter holds PMSI harmless and indemnities PMSI against all these matters, and
PMSI shall have no responsibility to take any action whatsoever in the event of such
casualty.
9. Non -Liability of PMSI and Indemnification — Unless caused solely by PMSI's
negligence, PMSI shall not be liable to Renter for any loss, damage, or expense of any
kind or nature caused directly or indirectly by the leased equipment or by the use,
maintenance, operation, handling or storage thereof, or for the loss of Renter's
business or damages whatsoever or howsoever caused. Renter does hereby indemnify
PMSI and holds PMSI, its agents and employees harmless from any and all losses,
damages, claims, demands, or liability of any kind whatsoever, including legal
expenses and attorney's fees arising from the use, condition or operation of the leased
equipment.
10. Maintenance, Damage and Destruction — Renter shall at Renter's own expense
at all times keep the equipment in good and efficient working order, condition and
repair and shall maintain thereon such identification of ownership as PMSI may
require. PMSI will maintain and make any repairs required from normal use to the
roof, doors, windows, light fixtures, heating, ventilating and air conditioning systems,
except that Renter shall replace heating, ventilating and air conditioning filters and
burnt out lamps as required and pay for any damage caused by the Renter. Renter
shall bear the risk of damage, theft or destruction of the leased equipment from every
cause, except as outlined in paragraph 7, if selected, and shall make all replacements,
repairs or substitution of parts of equipment thereon at its expense, all of which shall
constitute Renter's obligatory maintenance of the leased equipment. If Renter does not
adequately maintain the equipment or adequately repair any damage for which Renter
is responsible, PMSI shall have the option to perform the maintenance or repair at
Renter's expense. Renter shall at its expense provide adequate janitorial service to
keep the leased equipment in good condition, fair wear and tear excepted. On
termination of this lease, the leased equipment shall be returned to PMSI in the same
condition as when delivered, fair wear and tear excepted.
11. Inspection by PMSI - PMSI may inspect the leased equipment at any reasonable
time, and may post any notice of non -responsibility or interest protecting notice,
12. Default — Renter defaults on this Agreement if Renter fails to: make timely
payment of any rent installment or other amount due and payable; or, comply with the
other terms, covenants, or conditions herein. Default also occurs if Renter or its
creditors files for relief under any bankruptcy or similar debtor relief law, or if Renter
assigns for the benefit of creditors, or if a receiver is appointed to take possession of
any assets of Renter. Upon default, PMSI may at its option immediately terminate
Renter's right to possession of the leased equipment by giving written notice to Renter.
PMSI and PMSI may take possession thereof by entering upon Renter's premises
without further notice of repossession. Upon remnssesditn. PMSI shall retain all rents
and any other amounts paid by Renter hereunder. Repossession by PMSI or the
surrender of the leased equipment to PMSI shall not affect the right of PMSI to
recover from Renter any and all damages which PMSI shall have sustained by reason
of Renter's breach. PMSI reserves the right to (a) relet the leased equipment and apply
any net proceeds as an offset to any unperformed Renter term, or (b) sell the leased
equipment and apply the net proceeds as appropriate under the circumstances to
Renter's unperformed financial obligations, or (c) cancel and terminate the lease. In
addition to any other remedies provided for herein, PMSI may recover from Renter the
worth at the time of the termination of the lease the unperformed value of the lease.
13. Renter's Possession on Termination — If Renter retains possession of the leased
property beyond the term expiration date without proper written renewal notice, PMSI
shall have the option of (i) repossessing its property at any time without notice or (it)
deeming this Agreement renewed as a month to month tenancy.
14. Attorney's Fees, Collection Fees, Costs, Interest — If Renter defaults on this
Agreement, PMSI shall be entitled to recover from Renter all items of damages, costs
and expenses, including court costs and reasonable attorney's fees, incurred by PMSI
to enforce its rights and remedies hereunder. PMSI shall also be entitled to interest on
delinquent payments at the maximum rate permitted by law.
15. Miscellaneous — This Lease shall be constmed and interpreted under the laws of
the state of California. All signed copies shall constitute duplicate originals.
16. Notices — All notices required under the term and provision of the Lease shall be
in writing and shall become effective whem deposited in the United Slates mail, with
proper postage prepaid, addressed to the parties at the respective addresses appearing
herein; and/or, upon actual delivery by other means, including electronically.
Rev. August 2010 Page 3 of 3
Addendum #2 to Master Lease Agreement
1. Pacific Mobile signage to remain on building at all times.
2. Payment terms are Net 30 days upon receipt of invoice. Late penalty charge will 1 %2 % per
month for all accounts past due.
3. Two weeks notice must be given for return of units or they will be billed for an additional
month.
4. Site Destination:
Location: Fire Station No. 1
Address: 3375 Fruitland Avenue, Vernon, CA
Los Angeles County, or such other location within the City of Vernon as Lessee shall designate
from time to time in writing to Lessor.
Site Contact: Mark C. Whitworth
5. The initial Term of Agreement shall commence on January 18, 2012 and end on January 17,
2013. Thereafter, the Term of the Agreement shall be on a month -to -month basis. The rental
rate during the Term of the Agreement shall remain as stated in the Agreement. The Lessee
may terminate the Agreement at any time during the Term upon 30 days prior written notice to
Lessor.
RECEIVED
FEB 13 2012
CITY CLERK'S OFFICE
STAFF REPORT
PURCHASING DEPARTMENT
DATE: February 7, 2012
RECEIVED
FEB 0 9 2012
CITY ADMINISTRATION
TO: Mayor and City Council
FROM: Martha Valenzuela, Director of Business Services/Personn�
RE: Trailer Rentals for Fire Department
Purpose
The Purpose of this Staff report is to obtain permission from City
Council to renew a lease agreement with Pacific Mobile Structures,
Inc. for (2) trailers used by the Fire Department.
Background
The trailers are located at Fire Station #1. The have been used as
offices by the Fire Department since December 2008. The new lease
period is from January 18, 2012 thru January 17, 2013. The monthly
charge will remain at the same rate $1,761.76 (taxes included). Total
for year will be $21,141.12.
Recommendation
It is Purchasing's recommendation to renew the lease for another
year. It is requested that this item be included on the agenda for the
Council Meeting scheduled for February 12, 2012.
The attached lease agreement has been reviewed and approved as to
form by Willard Yamaguchi, Chief Deputy City Attorney.
Fiscal Impact
There is no fiscal impact to the City. Funding for the renewal of the
lease was specifically budgeted in the Fire Departments fiscal year
2012-2013 operating budget.
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: January 30, 2012
TO: Martha Valenzuela, Director of Business Services/Personnel
FROM: Willard G. Yamaguchi, Chief Deputy City Attornein
RE: Pacific Mobile Structures, Inc.
I have received and reviewed your Memorandum dated January 24, 2012,
and the attachments thereto.
The rental lease agreement for the rental of two trailers is approved
as to form.
WY:em
Enclosures
JAN 2 5 2012
CITY ATTORNEY DEP-r
MEMO
PURCHASING DEPARTMENT
DATE: January 24, 2011
TO: Willard Yamaguchi, Chief Deputy City Attorney
FROM: Martha Valenzuela, Director of Business Services/Personne
RE: Trailer Rentals for Fire Department
The Rental Lease Agreement approved by City Council Resolution #2011-18 for
rental of (2) trailers for the Fire Administration has ended its term as of January
18, 2012. The Fire Department would like to continue with the same services for
another year. The vendor, Pacific Mobile Structures, Inc., is providing the same
rates for the renewal (sales tax is lower than previous year). The terms and
conditions have changed from previous year.
Attached for your review and approval as to form is the agreement for the new
annual term.