HomeMy WebLinkAboutMobile Mini Inc; 2005-06-24;AGREEMENT FOR LEASE OF PERSONAL PROPERTY
MOBILE MINI, INC.
HIS AGREEMENT is made and entered into as of the 2 Lth day of 30-6 , 2005, by and between the CITY OF CARLSBAD, a municipal
corporation, ("Ciy?, and Mobile Mini, Inc., a California Corporation, ("Contractor").
City requires the services of a mobile modular manufacturer that is experienced in
structures for temporary offices, classrooms, storage facilities, etc. Contractor has the
necessary experience in providing these services, has submitted a proposal to City and has
affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2.
written.
Term. This Agreement will be effective for a period of two years from the date first above
3. Compensation. The total fee payable for the Services to be performed will be nine
hundred ninety-seven dollars ($997) per month. No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. City reserves
the right to withhold a ten percent (10%) retention until City has accepted the work and/or the
Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will
be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-administered
workers' compensation is included as a loss, expense or cost for the purposes of this section,
and that this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation, employers
liability insurance, and professional liability insurance from an insurance company authorized to
transact the business of insurance in the State of California which has a current rating in the
Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand
City Attorney Approved Version #04.04.02
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dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the
City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage. The insurance will be in force during the life of this
Agreement and will not be canceled without thirty (30) days prior written notice to the City by
certified mail. City will be named as an additional insured on General and Automobile liability.
Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with the
Agreement.
Termination.
IO. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, @
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12.
monies due or to become due under it, without the prior written consent of City.
Assianment. Contractor may assign neither this Agreement nor any part of it, nor any
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule. ... ... ... ... ... ... ... ... ... ... ... ...
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City Attorney Approved Version #04.04.02
14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
..- (sign here)
ATTEST: rnebQvcL
(print namehitle)
D%e& ,e mAI3\\e-m,<\ us*
(e-maildddress)
"By:
(sign here)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. CorDoration, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A. Chairman,
President, or Vice-president
"Group B. Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the oIXcer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney -n
City Attorney Approved Version W.04.02
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SCOPE OF SERVICES
The contractor has provided a modular building to the City of Carlsbad for the past two years,
which is currently housing the Centro de Informacion. The current lease expires on April 3,
2005. The City will lease the existing modular building, per the attached quote, at a monthly rate
of $997.
City Attorney Approved Version #04.04.02
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Mobile Mini
9293 Camino Santa Fe
San Diego, CA 92121
1
Voice:(858) 578-9222 Fax:(858) 578-9220 E-Mail:www.mobilemini.com Printed On:3118105
Quoted For: Shipping To:
109 Stale Place
Escondldo, CA 92029 San Dlego Escondldo, CA 92029 San Dlego
109 State Place
6981
Thank you for the opportunity to speak with you on the phone. Enclosed is the pricing you requested. I am certain
you will find that Mobile Mini, Inc. has the answer for your storage and office needs
Mobile Mini began providing storage solutions in the eatly 1980s. Security 8. semice is our b-ademark. Mobile Mini
patented a high security locking system that replaces the obsolete "lock box" used by other container companies.
Mobile Mini offers their customers a complete line of newty manufacured and highly reconditioned security storage
units, office units, record vauils and custom configurations. Units are available for rent, purchase or lease purchase
I .OO
1 .OO
1.00
1.00
I .OO
I .OO
1.00
Quoted Bv I Quote Date I Quote For I Paae# I Quote #
24' X 60' Modular Office per enclosed floor pian. Double wide
ofke 28 Day billing cycle.
PPE Personal Property Expense
HCPRamp
Stairs (2 per office) Regular $15 per cyck
DeliveryBetq Con& Set. Includes Delivery to Site and Block and
Level. Paid on Invoice 46972901
ReknMnockdown Transportation from Site and
KnockdowTiedow removal addtional. Paid on Invoice
46972901
Security Deposit Refundable Security Deposit. Paid for on Doc
46972901 Hold onto until rebmed.
GAIL I 3/18/05 124' x 60' Office Trailer
Quantity I Description
$720.00
$10.00
$195.00
$0.00
$0.00
$0.00
$0.00
$720.00 4
$10.00 4
$195.00 4
$0.00 4
$0.00
$0.00 4
$0.00
4'= Taxable Item
Quotation has 7 line items NonTaxaMe SubTotal: $0.00
Taxable SubTotal: $925.00
7.75% Sake Tax: $71.69
$996.69
Prices are valid for 10 days and are subject to the terms and conditions of the conhct agreement Customer is responsible for all taxes
including state, county, and personal properh/ taxes.
Sincerely, Gail Borsari