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HomeMy WebLinkAboutCC RESO 9921RESOLUTION NO. RESOLUTION OF CITY OF NATIONAL CITY APPOINTING THE PURCHASING AGENT OF SAN DIEGO COUNTY AS THE AGENT OF CITY FOR THE PURPOSE OF LEASING COMMUNICATIONS EQUIPMENT WHEREAS, this Agency is a party to the San Diego County Mutual Aid Agreement for Fire Department; and WHEREAS, implementation of said Agreement will require establishment of a coordinated radio communications system; and WHEREAS, this objective can be realized most readily and economically if a single public agency acts as a central leasing agent for communications equipment to be used by all parties to the Agreement; and WHEREAS, the County of San Diego has entered into a contract with Motorola Communications and Electronics, Inc., pursuant to which contract the necessary communications equipment can be leased on terms more advantageous than could be secured if the individual parties to the Agreement bar- gained individually; and WHEREAS, this Agency desires to authorize the lease of communications equipment on its behalf under the terms of said Contract; NOW THEREFORE, BE IT RESOLVED that: 1. The Purchasing Agent of San Diego County is hereby authorized to act as the agent of this Agency for the purpose of leasing communications equipment from Motorola Communications and Electronics, Inc., pursuant to the terms of Amendment XII to County Contract No. 684-580-E between Motorola Communications and Electronics, Inc. and the County of San Diego. This equipment to be leased is listed in the schedule of equipment which is attached hereto and by this reference incorporated herein. 2. The Purchasing Agent of San Diego County is authorized to instruct Motorola Communications and Electronics, Inc. to direct all invoices and bills directly to this Agency. It is understood that .the County of San Diego will under- takeno liability for the payment of any portion of the rental payments for the equipment. 3. A certified copy of .this resolution will be filed with the Clerk of the Board of Supervisors of San Diego County. PASSED AND ADOPTED this'2nd day of September, 1969. ATTEST: CITY CLERK LEASE AGREEMENT FOR COMMUNICATIONS EQUIPMENT THIS AGREEMENT entered into on this day of , 196, between the COUNTY OF SAN DIEGO, hereafter called "Lessor," and City of National City , hereafter called "Lessee," WITNESSETH that WHEREAS, Lessor and Lessee are parties to the San Diego County Mutual Aid Agreement for Fire DeparLments; and WHEREAS, implementation of said agreement will require establishment of a coordinated radio communications system and adoption of uniform standards for communications equipment to be operated by the parties thereto; and WHEREAS, this objective can most readily be realized if Lessor supplies the communications equipment which will be required by Lessee; NOW THEREFORE IT IS AGREED that Lessor, for and in consideration of the covenants and agreements hereinafter stated, agrees to lease to Lessee the communications equipment listed on the "List of Equipment" which is attached hereto and made a of this lease as fully as if incorporated therein. 1. TERM. The term of this lease shall be seventy-one months, commencing on the day that the equipment listed in the attached "List of Equipment" is installed in full operation. 2. TITLF TO EQUIPMENT. The equipment and all replacement parts, additions, repairs and accessories are and will remain the exclusive property of Lessor and may be removed by Lessor in accordance with the terms of this agreement at any time. Lessee at its expense shall obtain and deliver to Lessor written agreements of all persons having any interest in the land, vehicles, or other places of installation for the equipment that the equipment will not be con- sidered for any purpose to be a part of such land, vehicles or other places of installation and may be removed by Lessor in accordance with the terms of this agreement at any time. 3. RENTAL. The monthly rental shall be at the rate of two % of the sum total of the purchase prices listed on the attached "List of Equipment", plus the amount of any sales or use taxes applicable to the total monthly installment of rent. 4. TAXES. Lessee will furnish an Exemption Certificate covering any Federal Manufacturers' Excise Tax imposed by the Internal Revenue Code. The applicable state and county sales and use taxes, if any, will be added to the monthly rental charges as indicated above. Lessee shall reimburse Lessor for all property taxes, excise taxes, and other taxes or assessments now or here- after imposed by or under the authority of any Federal, state, or local law, rule or regulation with respect to the equipment or the installation, sale, or lease thereof except said Federal Manufacturers' Excise Tax and said state and county sales and use taxes. 5. OPTION TO PURCHASE. While Lessee is not in default of any of the provisions herein and the payment of rent set forth herein, at any time during the term of this lease Lessee is given an option to purchase all of said leased property for the sum of the purchase prices shown on the attached "List of Equipment", less seventy percent (70%) of all sums previously paid as rent to Lessor. Upon payment of said sum, Lessor shall provide a bill of sale transferring title of all equipment to Lessee, and this lease shall be cancelled. -2- 6. PERMISSION TO INSTALL. If equipment is to be installed in automobiles, trucks or other mobile vehicles, written permission to install will be given by the owner and mortgagees of said vehicles if not Lessee, together with permission to remove said leased equipment in case of repossession of said vehicles and further providing that said leased equipment shall not be considered for any purposes as a part of such vehicle regardless of manner of installation. 7. INSTALLATION. Lessee agrees to provide land, buildings and other facilities, as needed, properly wired and ready for installation at sites to be mutually agreed upon between the Lessor and the Lessee. Lessor assumes no responsibility, under the terms of this lease, for the installation of any equipment. 8. GUARANTEES. Lessor does not guarantee in any way any of the equip- ment to be furnished under this lease. The various types of equipment are covered by guarantees issued by the equipment manufacturers. 9. MAINTENANCE OF EQUIPMENT. Lessor assumes no responsibility, under the terms of this lease, for the maintenance of any equipment. 10. COVENANTS. During the term of this lease Lessee covenants and agrees (a) to provide when needed personnel holding appropriate operator's licenses or permits for operation of the equipment as required by the Federal Communications Commission, (b) to assume complete responsibility for control of the physical operation and service of the equipment in accordance with the terms of the station licenses and the applicable rules and regulations of the Federal Communications Commission, (c) to observe and abide by all appli- cable laws, ordinances, rules and regulations of the Federal government and any agency thereof, the State, political subdivision thereof, and any other -3- duly constituted public authority at any place where the equipment is located, and to hold Lessor harmless from liability or loss by reason of any asserted or established violation of said laws, ordinances, rules or regulations by the Lessee, its subcontractors, employees, agents or representatives, (d) to permit Lessor upon request, to inspect the equipment at all reasonable times, and (e) to deliver possession of the equipment to Lessor at the expiration of the term of this lease in good order and repair, reasonable wear and tear resulting from proper use of the equipment excepted. During the term of this lease, Lessee further covenants and agrees that it will not (i) allow the equipment to be used by any unauthorized persons, (ii) mortgage, pledge, or otherwise encumber the equipment, (iii) alter, change or abandon any of the equipment, or (iv) permit the equipment to be used for any illegal purpose. 11. DEFAULT OF LESSEE. If Lessee defaults in the payment of the rent or fails to perform any of its covenants or agreements herein contained, Lessor at its election may terminate this lease without notice at any time thereafter, enter any premises or any vehicle either with or without process of law, re- cover all the equipment using such force as may be necessary so to do, and repossess the equipment without prejudice to any remedy which it might other- wise have on account of Lessee's default. 12. INSURANCE. During the term of this lease the Lessor will insure the equipment described above against all risks of direct physical loss or damage from any external cause with the customary excluded perils and will apply the proceeds of such insurance to repair or in its discretion may obtain additional insure it. This paragraph shall not be or in part of its obligation to deliver replace any damaged equipment. Lessee insurance on the equipment or self - construed to relieve Lessee in whole possession of the equipment to Lessor -4- at the expiration of the terms of this lease in good order and repair, reasonable wear and tear resulting from proper use of the equipment excepted. 13. LAWS AND REGULATIONS. This agreement and the rights and obligations of the parties under it are subject to present and future valid orders and valid laws, rules and regulations of duly constituted authorities having jurisdiction. Any term in this agreement or any right or obligation of the parties under it which presently or in the future contravenes any existing or future valid law of duly constituted authorities having jurisdiction is not and shall not be considered a part of or arising out of this agreement; however, in such case the remaining valid terms, rights and obligations shall continue to be in full force and effect. 14. WAIVER. Failure or delay on the part of Lessor 6r Lessee to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 15. PRIOR NEGOTIATIONS. This contract constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements. 16. AMENDMENT. No revision or amendment of this lease shall be valid unless made in writing and executed with the same degree of formality as the lease itself. LESSOR: COUNTY OF SAN DIEGO By Chairman, Board of Supervisors LESSEE: By (Title) -5-