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HomeMy WebLinkAboutE-12 Staff Report - ECD - Equipment Rental Agreement Kit of PartsCONSENT ITEM E-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT DATE: APRIL 18, 2022 SUBJECT: REQUEST TO APPROVE AN EQUIPMENT RENTAL AGREEMENT WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR USE OF THEIR KIT OF PARTS EQUIPMENT BACKGROUND: The Southern California Association of Governments (SCAG) is an association of local governments and agencies that convene as a forum to address regional issues. They develop long- range regional transportation plans including sustainable communities strategy and growth forecast components, regional transportation improvement programs amongst others. More specifically, their sustainable communities program provides direct technical assistance to SCAG member jurisdictions to complete planning and policy efforts that enable the implementation of the regional sustainable communities strategy. Their Sustainable Communities Program offers grants in three categories: Integrated Land Use, Active Transportation and Green Region. The City was a successful applicant in the Active Transportation category. In addition to receiving grant funding to complete the City’s first pedestrian master plan known as Azusa Walks, the City received a non-financial award to utilize outreach tools to complement the Plan. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1)Approve an Equipment Rental Agreement with Southern California Association of Governments for the use of their Kit of Parts equipment as part of their Go Human active transportation encouragement campaign; and APPROVED CITY COUNCIL 4/18/2022 Request to approve an Equipment Rental Agreement with Southern California Association of Governments for use of their Kit of Parts equipment April 18, 2022 Page 2 2) Authorize the City Manager to execute the agreement, in substantial form, subject to minor modifications acceptable to the City Attorney, on behalf of the City. ANALYSIS: As stated earlier in this report, as part of the grant received to develop the City’s first pedestrian master plan, the City also received a non-financial award to utilize outreach tools to complement the Plan. SCAG’s Go Human campaign is a community engagement program with the goal of reducing traffic collisions and encouraging people to walk and bike more. SCAG’s Go Human Kit of Parts allows organizations to temporarily demonstrate potential pedestrian safety improvements. These temporary improvements allow community members to experience the street in a new way. It provides the opportunity to interact with the treatments and gain firsthand experience of what it would be like to permanently implement those improvements. The Go Human Kit of Parts includes materials, signage, parklet, curb extension, separated bike lane, artistic crosswalk and a median refuge island. If the Equipment Rental Agreement is approved, Staff is proposing a demonstration at the “All in for Azusa” CommUNITY Festival on Saturday, May 21, 2022. Use of the different tools is subject to the safety considerations. The Azusa Walks Pedestrian Master Plan was approved at the March 7, 2022 City Council meeting per Resolution No. 2022-C18. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. The rental of the equipment is part of non-financial award from SCAG as part of their Sustainable Communities Program. Prepared by: Reviewed by: Carina Campos Matt Marquez Economic Development Specialist Director of Economic & Community Development Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachment: 1) Equipment Rental Agreement – Kit of Parts Page 1 of 5 Equipment Rental Agreement – Kit of Parts – City of Azusa This Equipment Rental Agreement (“Agreement”) is entered into this April 18, 2022, by and between the Southern California Association of Governments, hereinafter referred to as “SCAG” or “Owner” and City of Azusa, hereinafter referred to as “Renter,” collectively referred to herein as the “Parties.” 1.SCAG owns certain equipment known as the “Kit of Parts” (“Equipment” herein) for SCAG’s Go Human active transportation encouragement campaign. 2.Renter seeks to utilize SCAG’s Equipment, as specifically identified in the attached Exhibit “A,” for a demonstration project to be held in the Renter on May 21, 2022. 3.For and in consideration of the mutual agreements contained herein and subject to the terms and conditions hereinafter stated, SCAG hereby authorizes Renter to use the Equipment. 4.The Renter shall have the right to use the Equipment for the following purposes and no other: As public engagement tools at the All in For Azusa CommUNITY Festival Event on May 21, 2022, to which Renter shall ensure that SCAG’s logo shall be visible to the public as well as information regarding SCAG’s Go Human program is made available to the public at the event. 5.The Renter shall have the right to use the Equipment during the term of this Agreement which is from May 19, 2022 to May 23, 2022 (“Term”). The Term shall commence upon delivery of the Equipment by SCAG on May 19, 2022. SCAG shall be notified in writing as soon as possible of any schedule changes or cancellations, no less than 48 hours in advance. 6.SCAG will deliver equipment on May 19, 2022 to the following location: Memorial Park at 320 N. Orange Ave, Azusa, CA 91702. The Renter shall inform SCAG upon demand of the exact location of the Equipment while it is in the Renter’s possession. 7.SCAG shall not charge the Renter any rental fee for use of the Equipment, provided that the Renter returns the Equipment to SCAG during or at the end of the Term. 8.The Renter shall be responsible for assembling the Equipment, and maintaining the Equipment during the Term of the rental at his own cost and expense. The Renter shall keep the equipment in a good state of repair, normal wear and tear excepted. 9.The Renter shall be responsible for returning to SCAG the Equipment. If the Equipment is not returned during or at the end of the Term, the Renter shall pay SCAG a penalty fee of $1500 per day from the end of the Term until the Equipment is returned to SCAG. Attachment 1 Page 2 of 5 10. The Renter shall pay SCAG full compensation for replacement and/or repair of any of the Equipment which is not returned because it is lost or stolen, or any of the Equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. SCAG shall invoice the Renter for said replacement or repair at a cost of $12,500 for Challenge Items or $50,000 for the Kit of Parts, and said invoice is conclusive as to the amount the Renter shall pay under this paragraph for repair or replacement. 11. The Renter shall allow SCAG to enter Renter’s premises where the Equipment is stored or used at all reasonable times to locate and inspect the state and condition of the Equipment. If the Renter is in default of any of the terms and conditions of this Agreement, SCAG and its agents, at the Renter’s risk, cost and expense, may at an agreed upon time enter the Renter’s premises where the Equipment is stored or used at all time and recover the Equipment. 12. No allowance will be made for any of the Equipment which is claimed not to have been used by the Renter. Acceptance of the returned Equipment by SCAG does not constitute a waiver of any of the rights SCAG has under this Agreement or under State law. 13. The Renter shall indemnify and hold harmless SCAG from all loss, costs and expense arising out of any liability, or claim of liability, for injury or damages to persons or property sustained or claimed to have been sustained by anyone whomsoever, by reason of possession, use or storage of the Equipment, whether authorized or not, or by any act or omission of the Renter or any of its agents, employees, guests, patrons, or invitees except for such loss or damage arising from the sole negligence or willful misconduct of the SCAG. The Renter shall pay for any and all damage to the Equipment, or the loss or theft of personal property of SCAG, done or caused by such persons. 14. The Renter shall procure and maintain, at its own expense, during the term of this Agreement liability insurance from a licensed insurance company or liability coverage from a self-insurance pool (if applicable). Lessee shall provide SCAG with a Certificate of Insurance evidencing insurance that includes the following: Comprehensive Liability Insurance with a minimum limit of One Million dollars per occurrence, Two Million general aggregate to include premises, personal injury and operations. The Certificate of Insurance shall be submitted no later than one calendar day prior to the Event and shall list SCAG as an additional insured party or additional protected party. 15. For purposes of this Agreement, the following individuals shall serve as the principal contacts for SCAG and the Renter. For SCAG: Cindy Giraldo Southern California Association of Governments 900 Wilshire Blvd., Ste. 1700 Page 3 of 5 Los Angeles, California 90017 (213) 236-1817 For Renter: Carina Campos City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 (626) 812-5102 16. This Agreement shall not be assigned without written consent of SCAG. 17. In the event that the Renter breaches any term or condition of this Agreement, SCAG shall have the right to terminate this Agreement, to enter the Renter’s premises and obtain immediate possession of the Equipment, all without notice or resort to legal process and without any legal liability on its part. 18. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. 19. This Agreement cannot be orally amended or modified. Any modification or amendment hereof must be in writing and signed by the Parties. 20. This Agreement contains the entire understanding between the Parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understanding, representations and statements, oral or written, are merged in this Agreement, and shall be of not further force and effect. 21. The effective date of this Agreement shall be the date in which the last of the Parties, whether Lessor or Lessee, executes this Agreement, and shall be set forth in the first paragraph hereof. [Signature page to follow.] Page 4 of 5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by its duly authorized officers on the respective dates set forth below. Southern California Association City of Azusa of Governments (“SCAG”) (“Renter”) By: _____________________________ By: __________________________ Cindy Giraldo, CFO Sergio Gonzalez, City Manager Date: ___________________________ Date: _________________________ Approved as to form: ________________________________ Michael Houston, Chief Legal Counsel Page 5 of 5 Exhibit “A” Description of Kit of Parts Equipment The Go Human (Tactical Urbanism) Kit of Parts project complements the open streets and demonstration projects component of the campaign and involves the design, fabrication (or procurement), maintenance, storage, transportation and oversight for the installation of temporary demonstration elements. The demonstration elements should be designed to showcase innovative street design treatments that enhance safety and maximize walking and biking trips in a community and include signage elements that support robust community outreach and education on the design treatments. The Kit includes the following items: • Parklet • Curb Extension • Pedestrian Refuge Island • Creative/High Visibility Crosswalk • Protected Bike Lane