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HomeMy WebLinkAboutResolution - 2000-R0256 - Emergency Rental Agreement - The Rental Store - 07/27/2000Resolution No. 2000-R 0256 July 27, 2000 Item N0. 30 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Emergency Rental Agreement, by and between the City of Lubbock and The Rental Store. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th ATTEST: APPROVED AS TO CONTENT: Managing Dire6tbr of Water Utilities Terry Ellerbrook APPROVED AS TO FORM: Gs:/ccdocs/TheRentalStorexes July 19, 2000 day of July , 2000. MAYORWNDY SI- TCN, (1) Resolution No. 2000- 80256 July 27, 2000 Item No. 30 RENTAL CONTRACT 1. It is understood and agreed that the equipment listed on this contract is leased to me, the Lessee, by said Lessor, and will be used by the Lessee only at the address designated on this contract for the stated period of time and solely for the purposes for which said equipment was manufactured and intended. In the event I desire to extend this lease beyond the date originally agreed upon and as written upon this contract, I agree that I will notify the Lessor of said desire before said date and obtain Lessors' approval and terms of said extension in writing. 2. Rental is charged for the time equipment is in Lessee's possession. No allowance will be made for Sundays, holidays, overnight or time in transit, or for any period of time equipment may not be in actual use while in Lessee's possession. All transportation or trucking charges are to be paid by Lessee. 3. I further agree that I will immediately discontinue the use of any said equipment should same at any time become unsafe or in a state of disrepair, and I will immediately notify Lessor of said facts. If notice is not given within one hour after failure of equipment, I understand and agree that the rental will be charged, unless arrangements are made to the contrary, and such arrangements are accepted in writing by the Lessor. Lessee is not authorized to incur for Lessor's account any expenses, or to expend any money in repairing said equipment. 4. Equipment kept longer than the minimum period of time, as indicated by the listed minimum rate, accrues rent at 1/6th the day rate for each additional hour or portion thereof for which the equipment is kept, not to exceed, however, the rate listed for each 24-hour period, in order to be eligible for weekly or monthly rates rent must be paid in advance. All weekly or monthly rates are quoted contingent upon prompt payment. It is understood and agreed by the Lessee that in case the full payment is not received within 30 days after the date of the first statement, or in case a collection action is necessary, such rates will not apply, and daily rates will be charged and accepted by the Lessee, regardless of previous billings. 5. This contract becomes effective immediately on the date and time listed herein and remains in effect until return of the merchandise and equipment, and payment for rental and other charges incurred under the terms of this contract has been made. Equipment returned after normal open hours of business does not constitute cause for termination of this contract, and therefore all the rates and terms of this contract remain in effect until the Lessee appears in person at the Lessor's place of business to return the equipment during normal open hours. Equipment kept longer than twenty days from the listed date of termination of this contract is considered stolen property, and will be retaken immediately or at a Lessor's convenience, the cost of such taking to be paid by the Lessee, unless arrangements have been made as provided for in paragraph 1 of this contract. Lessee waives his right to a hearing before removal of equipment. THE CAT RENTAL STORE 6. I agree, to the extent allowed by law, to indemnify and hold Lessor harmless from any liability whatsoever resulting from the use of said equipment during the duration of this contract. -�M� 7. I hereby agree to be the absolute insurer of the listed equipment and merchandise during the duration of this contract, including fire and theft. 8. I acknowledge that the equipment being rented is not in faulty running condition; and if the equipment is returned to the Lessor in a condition other than the condition in which it was received, normal wear excepted, I agree to pay the amount necessary to return the equipment to its former condition, including labor and new parts. It is understood that such repair or replacement does not relieve me from the rental charges incurred. 9. All rentals under this contract are payable cash in advance. One and three- quarters (1.75%) per month charged on past due accounts. 10. Should legal proceedings be instituted by the Lessor or a collection agency in the Lessor's behalf to recover any of the said equipment and/or any sums due the Lessor, then, in that event, I, the Lessee, acknowledge that you, the Lessor, will be damaged hereby to the extent of the collection charge against you, and I therefore agree to pay you, as liquidated damages, an amount equal to the amount charged you on said collection by said collection agency, not to exceed, however, fifty percent of the amount unpaid thereon, and also a reasonable attorney's fee. 11. Lessor has no control over where the equipment is used, and hereby disclaims any OSHA requirements. 12. EQUIPMENT PROTECTION. Dealer agrees, in consideration of any additional charge of 5% of the gross rental charges, to modify the responsibilities of the Customer as stated in paragraph 8 pertaining to accidental damage to equipment. Customer is NOT responsible for damage or destruction of the rental equipment except as follows: (a) damage due to neglect or misuse, (b) mysterious or unexplained disappearance, (c) theft by persons entrusted with equipment, (d) all theft, (e) tire damage. These conditions are subordinate to the rest of the conditions of this contract. 13. NET CASH. All accounts are due 10th of the month following statement date. Delinquent after 15`h. INTEREST and PERIODIC RATE of 1-1/2% per month which is 18% PER ANNUM, charged on all past due accounts. Any complaint must be registered within 10 days of receipt of this statement. Minimum charge: $5.00. THE CAT RENTAL STORE 14. SEVERABILITY. The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 15. Overtime will be charged according to national overtime rate schedules clocktime 8 hours per day, 40 hours per week, 160 hours per 4 weeks. WITNESS MY HAND this 27th day of July , 2000. CITY OF LUBBOCK ATTEST: City Secretary Managing Dire of Water Utilities Terry Ellerbrook APPROVED AS TO FORM: L/Cityatt/amy/CatRentalStore July 19, 2000 THE RENTAL STORE: � � Y 1 H E Rental S 1 0 R E SOLD TO CITY OF LUBBOCK P 0 BOX 2000 LUBBOCK, TX RENTAL AGREEMENT FORM 79457 Resolution NO. 2000-R 0256 Remit To: The Rental Store P.O. Box 61880 Midland, Texas 79711 (915) 563-9228 SHIP TO SO. LOOP 289 - LUBBOCK Pnysicai damage Protection S IN; of Gross Rental Charges. By initials. Leases declines physical damage protection in consideration of the charges shown below. Lessor agrees to waive certain claims against Lessee for damage to equipment, as more fully set forth on the reverse hereol. If declined, Lessee must provide Lessor with a certificate Of primary insurance in form acceptable to Lessor covering all risks of loss to the subject equipment. furthermore. certificate of insurance must include proof of physical damage coverage as respects to the equipment as rented herein plus as liability and property damage coverage. Lessee is responsible for all tire damage. and repair. CONTRACT GATE I CUSTOMER NUMBER I CUSTOMER ORDER' NUMBER STORE IDIV. I SALESMAN''" TERMS IPAGE 6/30/001 C538000 1 42 1 R 1 0811 2 1 2 CONTRACT NUMBER DOC. DATE I PC I LC MC SHIP VIA R23506 4/18/00 1 10 MAKE MODEL SERIAL NUMBER EQUIPMENT NUMBER METER READING MACH. I.D. NUMBER i- . 0 QUANTITY ITEM NIR DESCRIPTION ITEM QTY RENTAL RATE PERIOD IDNO: B-1342 MODEL: HL6 1.0 4,633.00 4 WEEK SERIAL NUMBER: 9606541-1 .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 t ITEM QTY RENTAL RATE PERIOD IDNO: SUCTION MODEL: 6"X10" 1.0 310.00 4 WEEK SERIAL NUMBER: GODWIN .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 ITEM QTY RENTAL RATE PERIOD IDNO: SCREEN MODEL: 6" SCREEN 1.0 .00 4 WEEK SERIAL NUMBER: 696969 .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 HAVE READ THIS AGREEMENT AND HEREBY AGREE TO ALL OF THE COMPOK ON THE FRONT Aro UCE OF TNS CONTRACT. cc77 // J1ianh A If OTHER THAN LESUR. SICKER REPRESENTS HE S AGENT OF ANO AUrHORiZEO TO SIGN FOR LESSEE. ou! Pnysicai damage Protection S IN; of Gross Rental Charges. By initials. Leases declines physical damage protection in consideration of the charges shown below. Lessor agrees to waive certain claims against Lessee for damage to equipment, as more fully set forth on the reverse hereol. If declined, Lessee must provide Lessor with a certificate Of primary insurance in form acceptable to Lessor covering all risks of loss to the subject equipment. furthermore. certificate of insurance must include proof of physical damage coverage as respects to the equipment as rented herein plus as liability and property damage coverage. Lessee is responsible for all tire damage. and repair. 1 N E Rental S T N R E SOLD TO CITY OF LUBBOCK P 0 BOX 2000 LUBBOCK, TX RENTAL AGREEMENT FORM 79457 Resolution No. 2000-R 0256 Remit To: The Rental Store P.O. Box 61880 Midland, Texas 79711 (915) 563-9228 SHIP TO SO. LOOP 289 - LUBBOCK CONTRACT DATE I CUSTOMER NUMBER ' CUSTOMER ORDER NUMBER STORE I DIV. I SALESMAN' I TERMS I PAGE i 6/30/001 C538000 1 42 1 R 1 0811 2 1 3 CONTRACT NUMBER I DOC. DATE PC I LC MC SHIP VIA 823506 4/18/00 10 MAKE MODEL SERIAL NUMBER EQUIPMENT NUMBER METER READING MACH. I.D. NUMBER .0 QUANTITY ITEM NIR OESCRIPTION ITEM QTY RENTAL RATE PERIOD IDNO: PIPE MODEL: 6"X20' 1.0 240.00 4 WEEK SERIAL NUMBER: Q.D. .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: I 6/30/00 EXPECTED RETURN DATE: 8/01/00 ITEM QTY RENTAL RATE PERIOD IDNO: STEPBOW MODEL: 6" STEPBOW 1.0 125.00 4 WEEK SERIAL NUMBER: STEPBOW .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 ITEM QTY RENTAL RATE PERIOD IDNO: 90 -BEND MODEL: 90 QD BEND 1.0 65.00 4 WEEK SERIAL NUMBER: 90 BEND .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: f (I 1 6/30/00 EXPECTED RETURN DATE: 8/01/00 1 NAY* YEAR THIS AGREEMENT AND Hil.. AGE. TO Alt OF THE CONOITIONS ON THE FRONT AND SACK OF THIS CONTRACT. ��77 5Ln� You N OTHER TN►N LESSEE. SIGNER IEMUP41S HE KACINI OF AND AUTHORIZED TO SIGN FOR LESSEE. Physical Damage Protection 5 % of Gross Rental Charges. By Initials. Lessee declines physical damage protection in consideration of the charges shown below. Lessor agrees to waive certain claims against Lessee for damage to equipment, as more fully set forth On the (averse hereof. It declined, Lessee must provide Lessor with a certificate Of primary insurance in form acceptable t0 Lessor covering all risks of loss 10 the subject equipment. furthermore. G.ettilicate Ot I"Suramce must include Proof of physical damage coverage as respects to the equipment as rented herein plus all liability and property damago coverage. Lessee is responsible for all tire. damage- and repair. RENTAL AGREEMENT FORM r H E Rental S T O R E SOLD TO CITY OF LUBBOCK P O BOX 2000 LUBBOCK, TX 79457 Resolution No. 2000-R 0256 Remit To: "The Renta! Store P.O. Box 61880 Midland, Texas 79711 (9 15) 563-Q228— SHIP TO SO. LOOP 289 - LUBBOCK CONTRACT DATE I CUSTOMER NUMBER CUSTOMER ORDER NUMBER STORE DIV. SALESMAN I TERMS PAGE 6/30/001 C538000 42 R 081 2 4 CONTRACT' NUMBER DOC. DATE PC LC MC SHIP VIA R23506 I 4/18/00 1 10 MAKE MODEL SERIAL NUMBER EQUIPMENT NUMBER METER READING MACH. I.O. NUMBER i .0 QUANTITY - ITEM NIR DESCRIPTIONS ITEM QTY RENTAL RATE PERIOD IDNO: M/FEMALE MODEL: 8"X6" 1.0 75.00 4 WEEK SERIAL NUMBER: M/FEMALE .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 ITEM QTY RENTAL RATE PERIOD IDNO: FLANGE MODEL: 8X8"FLANGE 1.0 75.00 4 WEEK SERIAL NUMBER: FLANGE .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 ITEM QTY RENTAL RATE PERIOD IDNO: AIRVENT MODEL: 6"AIRVENT 1.0 65.00 4 WEEK SERIAL NUMBER: AIRVENT .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 MISCELLANEOUS CHARGES PHYSICAL DAMAGE INSURANCE I 1 742.70 HAVE REAP THIS AGREEMENT ANO HEREBY AGREE to ALL of THE CONDITIONS ON THE FRONT AND BALE OF THIS CONTRACT, cc''�� J1ianh You If OTHER THAN LESSEE. SIGNER MMSSNT$ HE K AGENT of ANO AUTHORIIIO TO SIGN FOR LESSEE. Physical Damage Protection S % of Gross Rental Charges. By initials. Lessee declines physical damage protection in consideration of the charges shown below. Lessor agrees to waive certain claims against Lessee for damage to equipment. as more fully set forth on the revere hereof, 11 declined. Lessee must provide Lessor with a certilicate of primary insurance in form acceptable to Lessor covering all risks of loss to the subloct equipment. Furttlnrinom. cartJlcate o1 inwrance must include proof of physical damage coverage as respects to the equipment as ranted herein plus all liability and property damage cover>fda. Lessee is responsible For all tire. damage and repair. IV /'11E/+n• Q\/ M7e• rMie.3n E.. w....�..�..�.... J.. r- jjge ..-1 repair. .-... v. -�.� ♦... T N E Rental S T A R E SOLD TO CITY OF LUBBOCK P O BOX 2000 LUBBOCK, TX Resolution No. 2000-R 0256 RENTAL AGREEMENT FORM Remit To: The Rental Store P.O. Box 61880 Midland, Texas 79711 (915) 563-9228 79457 SHIP TO SO. LOOP 289 - LUBBOCK CONTRACT DATE I CUSTOMER NUMBER- CUSTOMER"- ORDER NUMBER - STORE- " 'DIV. SALESMAN TERMS. - PAGE 6/30/001 C538000 42 R 081 2 1 CONTRACT NUMBER DOC. DATE PC LC MC SHIP VIA R23506 4/18/00 10 MAKE MODEL SERIAL NUMBER EGUIPMENT NUMBER METER READING MACH. I.D. NUMBER ZZ 6"AIRVENT AIRVENT I .01 AIRVENT QUANTITY ITEM NIR DESCRIPTION CUSTOMER CONTACT: FRED PEREZ PHONE: 806-775-2603 (2) 6°X10' HD SUCTION HOSE @ $155 PER MO. EACH (3) 611X20' QD PIPE ® $80 PER MO. EACH :TEM QTY RENTAL RATE PERIOD `-IDNO: B-1149 MODEL: HL6 1.0 4,633.00 4 WEEK SERIAL NUMBER: 9502475-2 .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 ITEM QTY RENTAL RATE PERIOD IDNO: B-1376 MODEL: HL6 1.0 4,633.00 4 WEEK SERIAL NUMBER: 905728-17 .00 WEEK DESC: TEMP .00 DAY TIME OUT: 08:00 DATE OUT: 6/30/00 EXPECTED RETURN DATE: 8/01/00 —W READ THS AGREEMENT AM HEREIT AGREE to ALL O THE CONDITIONS ON TNG FRONT AND WK OF THIS CONTRACT. Jicanh You If On4R TNAN IESSEENE . SGR MMSENTS HE IS AGENT O ANO AUTHORIIIO TO $1010FOR LESSEE. Physical Damage Protection 5 % of Gross Rental Charges. By initials, Lessee declines physical damage protection in consideration of the charges shown below. Lessor agrees to waive certain claims against Lessee for damage to equipment. as more IWIy set forth an the reverse hereof. If declined, Lessee must provide Lessor with a certifioate of primary insurance in form acceptable to Lessor covering all risks of loss to the subject equipment. Ftwthermore. certificate of insurance must include proof of physical damage coverage as (aspects to the equipment as rented herein plus all liability and property damage coversua. 1 PCCPQ is rPennE,eihio trEM -%ii tivn rl-tave�srEc ^tnrll veTn•siv (C)