13-204 Equipment Sharing agreement between Cupertino, Los Gatos and CampbellEXERCISE OF THE OPTION TO EXTEND THE TERM OF THE EQUIPMENT
SHARING AGREEMENT BETWEEN THE CITY OF CUPERTINO, TOWN OF LOS
GATOS, AND THE CITY OF CAMPBELL
The City of Cupertino ("Cupertino"t the Town of Los Gatos ("Los Gatos"), and
the City of Campbell ("Campbell") each a municipal corporation within the State of
California ( collectively, "Parties") hereby agree as follows:
1. On or about 11-4-13, the Parties entered into the Equipment Sharing Agreement
between the City of Cupertino, Town of Los Gatos, and City of Campbell for
reference dated 11-4-13 (Agreement).
2. Paragraph 2 of the Agreement provides that term of the Agreement is for two years
from the date of the execution. It further provides that upon mutual agreement of
the parties, the Agreement may be extended for three additional one-year periods.
3. The Parties mutually agree to exercise the second of three, one-year extensions of the
Term of the Agreement. The new term runs through 11-4-1 7
4. All other terms and conditions of the Agreement are unchanged and remain in fo r ce
and effect.
IN WITNESS WHEREOF, the parties have caused the Exercise of the Option to Extend
the Term of the Equipment Sharing Agreement between the City of Cupertino, Town of
Los Gatos, and the City of Campbell to be executed on the day and year first above
written.
Approved as to form:
r# City Attorney
Town Attorney
City Attorney
Exercis e of Option (Firs t of Three) Page 1
EXERCISEOFTHEOPTIONTOEXTENpTHEl:_ERMOFTHE!j:_Q_UIPMEN!
SHARING AGREEMENT BETWEEN THE CITY OF CUPERTINO. TOWN OF LOS
GATOS. AND THE CITY OF CAMPBELL
The City of Cupertino ("Cupertino"), the Town of Los Gatos ("Los Gatos"),
and the City of Campbell ("Campbell") each a municipal corporation within the
State of California (collectively, "Parties")hereby agree as follows:
1. On or about 11-4-13 the Pmiies entered into the Equipment Sharing Agreernent
between the City of Cupertino, Town of Los Gatos, and City of Campbel1 for
reference dated 11-4-13 (Agrecnient).
2 Paragraph 2 of the Agreement provides that term of the Agreement is for two years
from the date of the execution. It frniher provides that upon mutual agreernent of
the parties, the Agreement may be extended for three additional one-year periods.
3. The Parties mutually agree to exercise the first of three, one-year extensions of the
Term oftheAgreement. Thenewtermrunsthrough _I 1-4_::!.Q
4 All other terms and conditions of the Agreement are unchanged and remain in force
and effect.
IN WITNESS WlIEREOF, the parties have caused the Exercise of the Option to
Extend the Term of the Equipment Sharing Agreement between the City of Cupertino,
Town of Los Gatos, and the City of Campbell to be executed on the day and year
first above written.
City of Cupertino
By:
Title: ____________ _
Town of LosGatos
By:
Approved as to forrn:
City Atiorney
Town Attorney
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Exercise ofOptio!] !FirstofThnoel Page ·1
4
EQUIPMENT SHARING AGREEMENT
BETWEEN THE CITY OF CUPERTINO, TOWN OF LOS GATOS
AND THE CITY OF CAMPBELL
THIS AGREEMENT is entered into as of 2013, by and between the
City of Cupertino ("Cupertino"), the Town of Los Gatos ("Los Gatos'), and the City of
Campbell ("Campbell") each a municipal corporation within the State of California
collectively referred to as PARTIES).
RECITALS
A. The PARTIES are municipal corporations duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California, and their respective Municipal Codes.
B. Each PARTY has specialized equipment and the PARTIES are interested in
occasionally sharing equipment for a variety of public work projects to ensure
backup, provide secondary support on large projects, and generally provide an
option to ensure efficient and effective operations.
C. The PARTIES desire to enter into an Agreement to establish procedures for
sharing equipment and defining legal relationships and responsibilities;
NOW, THEREFORE, it is mutually agreed by and between the PARTIES as follows:
1. PURPOSE.
a. The purpose of this Agreement is to create a system for the occasional sharing
of motor vehicles, equipment, and machinery (collectively referred to in this agreement
as "Equipment") between the Parties for efficiency and effectiveness of operations.
b. The Parties agree to make available to each other vehicles, equipment,
machinery, and related items in the planner and on the terms and conditions provided
in this agreement. A Party supplying Equipment shall be designated the "Provider". A
Party receiving.Equipment shall be designated the 'Borrower".
Equipment Sharing Agreement Between The City of Cupertino,_Town of Los Gatos and The City of Campbell Page 1
2. TERM.
The term of this Agreement shall be for a period of two (2) years from the date of
execution. Upon mutual agreement of all Parties, this Agreement may be extended for
three additional one-year periods.
3. SHARING PERIOD AND RATES.
a. Equipment Catalog. Each Provider shall maintain an accurate Equipment Sharing
Catalog ("Catalog") that reflects the Equipment that Provider may make available for
sharing, the rates and fee schedules for such equipment, high-wear components of those
pieces of equipment, and any applicable rules, restrictions, or limitations for sharing the
pieces of equipment listed in the Catalog. Amendments to the each Provider's
Equipment Sharing Catalog shall occur as necessary and be mailed to each Party or
otherwise made electronically available.
b. Equipment Sharing Periods. Equipment shall be provided upon reasonable
request at mutually convenient times and locations, for a duration mutually agreed
upon by Provider and Borrower (the "Share Period"). Provider retains the right to
refuse to any request for Equipment for any reason. Equipment shall be returned
immediately at Provider's request.
c. Storage During Sharing Period. During the Sharing Period, Borrower shall be
responsible for storing the Equipment in a reasonably safe and secure area.
d. Charges for Equipment. Charges shall be consistent with those listed in the
Equipment Catalog or any subsequent amendments, and shall begin accruing at the
time Borrower picks up or accepts delivery of the Equipment and shall cease upon
return of the Equipment to Provider.
4. INVOICES AND PAYMENTS.
a. On or before the last day of each month, Provider shall provide monthly invoices
to Borrower that show Equipment rented, duration of the rental, rental rate, and total
payments due for all Equipment shared in the previous month.
b. Borrower shall pay Provider's invoices in full within thirty (30) days of the date
of invoice.
Equipment Sharing Agreement Between The City of Cupertino Town of Los Gatos and The City of Campbell Page 2
5. EQUIPMENT USAGE.
a. Operator Qualifications. The Partie, agree to permit Equipment to be used only _
by properly trained, properly licensed and supervised operators. All driver=s shall be
licensed and shall have a satisfactory driving record. All equipment operators shall be
properly trained and qualified to operate the Equipment shared under this Agreement.
Borrower shall make available to Provider-upon request proof of training, licensing, and
qualifications of operator prior to release of Equipment.
b. Usage Requirements. Equipment shared under this agreement shall be used by
Borrower's employees to conduct official business. Borrowers shall use and operate
Equipment only for its intended purpose, in a careful manner and in compliance with
all requirements for operation and of any governmental authority having jurisdiction, if
applicable. Borrower shall not sublease or allow anyone other than Borrower's
employees to use Equipment shared under this Agreement.
c. Borrower Responsible for Charn,es and Fees. Borrower shall maintain
responsibility for paying all fines and other liens resulting from Borrower's use that
might be incurred against equipment shared under this Agreement, and shall hold the
Provider harmless from and against any and all fines, assessments, fees, charges,
expenses, penalties and forfeitures incurred in connection with Borrower's use of
shared Equipment.
d. Fuel. Borrower shall be responsible for supplying all fuel used during the period
it borrows the Equipment. Provider shall ensure that the fuel tank(s) are full when
Borrower picks up the Equipment, and Borrower shall ensure that the fuel tank(s) are
full when,it returns the Equipment to Provider.
e. Equipment Identification. Each User shall place a magnetic display with the
wording: "Equipment provided by Cooperative Agreement with other Public
Agencies."
6. EQUIPMENT DELIVERY AND PICKUP
a. Delivery/Pickup. Borrower shall be responsible for picking up and returning any
Equipment shared under this Agreement, unless Provider and Borrower mutually agree
to other arrangements,. Equipment may be picked up and returned between 8 am and 4
pm, Monday through.Friday, excluding holidays.
b. Notification. Borrower shall contact Provider at least 7 days/hours in advance of
Equipment Sharing Agreement Between The City of Cupertino 'Gown of Los Gatos and The City of Campbell Page 3
each Pick-up and delivery to confirm
c. Condition of Equipment. Provider shall ensure that any Equipment being shared
is serviced consistent with recognized industry standards prior to Borrower's pick-up.
d. Timely Return of Equipment. Borrower shall return Equipment to Provider no
later than one business day following conclusion of the share period.
e. Inspections. Providers sharing Equipment under this agreement certify that the
Equipment is in good repair and ready for the intended use. Equipment shared under
this Agreement shall be inspected by representatives of both Provider and Borrower at
the time of delivery/pickup and again at the time of turn-in. The inspections shall
include an examination of the tires on the Equipment, which the Parties must agree are
sound at the time Borrower picks up the Equipment, and which must have adequate
tread depth to ensure safe and legal operation during the share period. The results of
these inspections shall be documented on an Equipment Inspection Form and on a High
Wear Item Inspection Form as identified and provided in each Provider's Equipment
Catalog. Digital photographs of the equipment shall also be taken at the time of pickup
to ensure that any existing damage is documented appropriately.
f. Operations and Safety Manuals. Provider shall provide a copy of all Equipment
operation and safety manuals to Borrower at the time Equipment delivery.
7. CONTACT PERSON.
Each party agrees to appoint a person or persons to act as a liaison to serve as the
contact for each rental request, all inspections, and to otherwise facilitate the orderly
and efficient distribution of equipment sharing requests and related information.
Contacts by agency are as indicated below:
Town of Los Gatos: Steve Regan, Public Works Superintendent
408) 399-5770
City of Campbell:Alex Mordwinow, Public Works Superintendent
408) 866-2145
City of Cupertino:Roger Lee, Assistant Director of Public Works
408) 777-3269
Equipment Sharing Agreement Between The City of Cupertino Town of Los Gatos and The City of Campbell Page 4
S. MAINTENANCE AND REPAIR OF EQUIPMENT.
a. Borrower shall be responsible for performing all required maintenance during
the share period, such as fluid level checks, and daily pre-trip inspections.
b. Borrower shall be responsible for the following items during the share period:
1) Tire repair and replacement of any damaged tires that cannot be safely
repaired;
2) Replacement of any damaged or worn-out tools such as cutting edges and
bits;
3) Replacement of any windows or windshields that are cracked or damaged;
4) Minor repairs and adjustments required to keep the Equipment in safe
operating condition during the share period, including but not limited to
replacement of defective lighting or mirrors, adjustment of hinges or latches,
adding fluids to correct levels, .and adding air to tires. If it is observed that
Equipment requires an excessive amount of minor repairs and adjustments as
described above, Borrower is to promptly notify Provider of specific issue prior to
utilizing Equipment.
c. Any repairs or replacements made by Borrower pursuant to the requirements of
this agreement shall be performed by qualified personnel; specifically, persons or
contractors employed by Borrower to maintain and repair Borrower's own fleet
equipment.
d. Notwithstanding anything contained herein to the contrary, Provider shall be
responsible for latent defects that may occur during the normal operation of Equipment
by borrower.
e. In all cases, Borrower shall inform Provider prior to commencing any repairs
other than those defined as "minor" pursuant to section 8(b)(4) of this Agreement.
9. EQUIPMENT FAILURE NOT RESULTING FROM MISUSE OR FAILURE TO
PERFORM REQUIRED MAINTENANCE-
a. Provider shall be responsible for the repair or replacement of Equipment when:
1) Equipment fails during its normal operation, and;
2) Equipment, is being used as intended by the manufacturer, and;
3) Equipment has received all manufacturer required maintenance during its
use by the Borrower.
Equipment Sharing Agreement Between The City of Cupertino Town of Los Gatos and The City of Campbell Page 5
b. Borrower shall be responsible to reimburse Provider for the cost of repair or
replacement of Equipment when:
1) Operating Equipment outside of its normal operation, or
2) Operating Equipment in a mauler not intended by the manufacturer, or;
3) Operating Equipment without performing required maintenance.
c. Except for mirror repairs as defined in section 8(b)(4) of the agreement, the
Provider shall determine, in keeping with reasonable judgment, whether failed
equipment shall be repaired or replaced.
d. Borrower shall not claim damages from the Provider in the form of monetary,
lost efficiency or time or consequential damage as a result of equipment failure.
10. EQUIPMENT DAMAGE DUE TO ACCIDENTS.
a. Borrower Responsibility for Damage. Borrower shall be responsible for the cost
of repairing all damage to equipment incurred during the share period that is not
considered to be normal wear and tear necessitated by misuse or negligent operation
and for the maintenance and/or replacement of high wear items identified in each
Provider's Equipment Catalog and as noted on each Provider's Equipment Inspection
Form. For purposes of this agreement, the following definitions shall apply:
1) "Normal wear and tear" is defined as dents, dings, paint chips, or scratches
less than three inches in size, and interior wear such as soiled carpets and seats.
2) "Excess wear and tear" is defined as dents, dings, paint chips or scratches
more than three inches in size, cracked or punctured bumpers, chipped or cracked
windshields, interior holes, burns, rips, tears or stains requiring heavy cleaning or
replacement of fabric, interior damage such as gouged steering wheels or
dashboards, missing equipment, and any interior or exterior damage attributable to
collision, as well as mechanical repairs resulting from damage or negligence.
3) "Total loss" is defined as the estimated cost to repair the Equipment is equal
to at least eighty percent of the retail market value of the Equipment prior to the
damage, as determined by an independent appraisal.
b. Notice to Provider. Borrower shall notify Provider immediately if Provider's
Equipment is involved in any accident during the share period. Borrower shall
promptly submit to Provider a written report of any accident that occurs in connection
Equipment Sharing Agreement Between The City of Cupertino Town of Los Gatos and The City of Campbell. Page 6
with this Agreement, in a form acceptable to Provider, and shall cooperate with any
requests by Provider related to the accident. Borrower's report to provider must
include, at a minimum, the following information: (1) name and address of any person
injured or deceased, or the owner of any property that suffered damage as the result of
the accident; (2) name and address of Borrower's employee(s) involved in the accident;
3) name and address of Borrower's liability insurance carrier, unless self-insured; and
4) a detailed description of the accident. Borrower also agrees to take all reasonable
steps to preserve all evidence and information that may be relevant to the circumstances
surrounding a potential claim, and to allow Provider to review and inspect such
evidence and the scene of the accident.
c. Accident Damage Repair. Except as otherwise provided below, Borrower shall be
responsible for the cost of repairing all Equipment damage due to accidents. In cases
where equipment damage is caused by a third party and that party assumes
responsibility, Borrower shall arrange to have the equipment repaired and shall seek
reimbursement from the third party and/or that party's insurance carrier. Borrower
shall notify Provider prior to commencing any repairs, and Provider has the right to
accept or reject the repairs upon inspection.
d. Damage Due to Equipment Defect. 'Provider shall be responsible for the cost of
repairing all Equipment damage due to accidents caused by equipment defects.
e. Damage Resulting in Total Loss. In cases of equipment damage resulting in a
total loss, Borrower shall be responsible for covering the loss. Provider shall submit an
invoice to Borrower, equal to eighty percent of the current retail market value of the
Equipment prior to the damage as determined by an independent appraisal, for any
Equipment determined to be a total loss.
In cases of Equipment damage resulting in a total loss caused by a third party
where that party assumes responsibility, Borrower shall seek reimbursement from the
other party's insurance carrier. If the reimbursement is greater than eighty percent of
the retail market value prior to the damage, Borrower shall give the entire amount of
the reimbursement to Provider.
Provider shall not be entitled to consequential damage for the loss of use of the
equipment due to accidental damage.
f. Damage from Excess Wear and Tear. p,t the time Borrower returns the Equipment
to Provider, the Parties shall make an assessment of any excess wear and tear as
provided in section 6(e) of this Agreement. If excess wear and tear damage exists, the
Equipment Sharing Agreement Between The City of Cupertino Town of Los Gatos and The City of Campbell Page 7
Provider shall submit an invoice to Borrower for the cost of the damage within thirty
30) days of the Equipment return. The repair amount on the invoice shall be based on
actual costs as determined by agency labor rates/contract labor rates and for Equipment
parts purchased per each agency's procurement policy.
g. Stolen Equipment. Borrower shall assume responsibility if Provider's Equipment
is stolen while in Borrower's control, and shall pay Provider eighty percent of the retail
market value of the Equipment as determined by an independent appraisal. If stolen
equipment is recovered subsequent to the delivery of replacement equipment to
Provider, Provider may choose to give the recovered equipment to Borrower or refund
a portion of Borrower's payment, at Provider's discretion.
11. WARRANTY.
Provider is neither a manufacturer nor supplier of the Equipment and therefore
makes no warranties, express or implied, including, without limitation, the condition of
the equipment, its design, capacity, performance, construction, workmanship, or fitness
for any particular use. All Equipment is shared on an "as-is" basis. Provider shall not be
responsible or liable to Borrower for any loss, delay, or damage of any kind resulting
from defects in or accidental breakage of Equipment shared under this agreement.
12. INDEPENDENT CONTRACTOR.
Borrower is an independent contractor and shall not for any purpose be deemed to
be an employee, agent or other representative of Provider.
13. ASSIGNMENT
The Parties shall not assign, sublet, transfer, or otherwise substitute their interests
in this Agreement, or any of their rights or obligations under this Agreement, without
the prior written consent of all other Parties.
14. INSURANCE.
During the term of this agreement,,each party will keep in force, at its own expense,
insurance requirements as specified in Attachment A.
15. INDEMNIFICATION.
Each Party shall be solely responsible for its own acts and those of its employees
Equipment Sharing Agreement Between The City of Cupertino- Town of Los Gatos and The City of Campbell Page 8
J
and officers under this Agreement. No Party shall be responsible or liable for
consequential damages to another Party arising out of providing or using equipment,
services or labor under this Agreement.
Except as otherwise provided in this section, Borrower shall indemnify, defend,
and hold harmless Provider and its agents, officers, attorneys, employees, officials and
volunteers, to the fullest extent permitted by law from any and all claims, causes of
action, injuries, losses, liabilities, cost (including reasonable defense costs and attorneys'
fees) or damages arising out of or related to, or alleged to arise out of or relate to the use
of the Equipment by the Borrower, except for any claims, causes of action, injuries,
losses, liabilities or damages proximately caused by the sole negligence, or willful
misconduct of Provider, or any latent defect in the Equipment.
Except as otherwise provided in this section, Provider shall indemnify, defend,
and hold harmless Borrower and its agents, officers, attorneys, employees, officials and
volunteers, to the fullest extent permitted by law from any and all claims, causes of
action, injuries, losses, liabilities, cost (including reasonable defense costs and attorneys'
fees) or damages proximately caused by the sole negligence, or willful misconduct of
Provider, or any latent defect in the Equipment.
Providers requiring that their personnel operate or assist in the operation of
equipment shall, hold harmless, indemnify and defend the Borrower, its officers, agents
and employees from all claims arising solely by reason of any negligent act by persons
designated by Provider to operate or assist in the operation of equipment.
Notwithstanding the above, the Borrower shall bear sole responsibility for ensuring that
it has the authority to request the work and for any representations made to the
Provider regarding site conditions or other aspects of the project. The Providers of the
equipment shall adequately insure the equipment or provide self-insurance coverage.
The provisions of this section shall survive the termination of this Agreement,
and are intended to fully allocate the risk of all liability to third parties arising out of
this Agreement. No other rights of indemnity or contribution shall exist between the
parties in law or equity.
Equipment Sharing Agreement Between The City of Cupertino,Town of Los Gatos and The City of Campbell Page 9
16. NOTICES.
All written notices under this Agreement shall be mailed to the addresses
indicated below:
To City of Cupertino:Timm Borden, Public Works Director
10300 Torre Avenue
Cupertino, CA 95014
To Town of Los Gatos: Robert Kass, Interim Public Works Director
41 Miles Avenue
Los Gatos, CA 95030
To City of Campbell: Todd Capurso, Public Works Director
70 North First Street
Campbell, CA 95008-1436
17. TERMINATION.
Any Party may terminate this Agreement for any reason by giving thirty (30)
days prior written notice to all other Parties. In the event of such termination, all costs
incurred up to the date of termination shall be the responsibility of the User.
18. MISCELLANEOUS
a. Compliance with Law. The Parties shall comply with all laws, state.or federal
and all ordinances, rules and regulations.
b. Governirng Law. The laws of the state of California shall govern this
Agreement. In the event any legal action is commenced regarding this Lease, venue
shall be in Santa Clara County.
c. Attorneys' Fees. If legal action is commenced to enforce or to declare the effect
of any provision of this Lease, the prevailing party shall be awarded attorneys' fees and
costs incurred by such party in the action.
d. Entire Agreement. This document comprises the entire and integrated
agreement of the parties concerning the lease of the Property and supersedes all prior
negotiations, representations, or agreements, either written or oral. Any amendments to
Equipment Sharing Agreement Between The City of Cupertino Town of Los Gatos and The City of Campbell Page 10
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
City of C -4 10 Approved as to form:
By:
Title:
City Attorney
Town of Lg atos
By:
Title: 7DW tai MAMA 600— Plj&)2 2
To n Attorney
7
City of Campbell- -
By:
Title:
City Attorney
Equipment Sharing Agreement Between The City of fuperting,Town of Los Gatos and The City of Campbell Page 12
this document shall be effective only if in writing and signed by the City and Tenant.
e. Severability. If any term, provision, covenant or condition of this Agreement
is held by a court to be invalid, void or unenforceable, the rest of this Agreement shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
Reniainder of page intentionally left blank. Signatures appear on following page.]
Equipment Sharing Agreement Between The City of Cupertino,Town of Los Gatos and The City of Campbell Page 11
Attachment A
INSURANCE REQUIREMENTS FOR EQUIPMENT SHARING AGREEMENT
Each PARTY shall procure and maintain for the duration of the agreement insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the Equipment Sharing Agreement.
Minimum Insurance Required:
1. Commercial General Liability (CGL): Covering General Liability on an "occurrence"
basis, including products-completed operations, personal & advertising injury, with
limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the
general aggregate limit shall be twice the required occurrence limit($4,000,000).
2. Automobile Liability: Covering all autos (owned, non-owned and hired automobiles),
with limit no less than$1,000,000 per accident for bodily injury and property damage.
3. Workers'Compensation insurance as required by the State of California, with'Statutory
Limits, and Employer's Liability (EL) Coverage with and EL limit of no less than
1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity (PARTY), its officers, officials, employees, and volunteers are to be covered as
insureds on the General Liability policy with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations and for the Automobile liability policy
with respect to liability arising for automobiles owned, leased, hired or borrowed by or on
behalf of the contractor.
Primary Coverage
For any claims related to this contract, the insurance coverage provided shall be primary
insurance as respects the Entity (PARTY),its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the Entity (PARTY), its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
after thirty (30) days'prior written notice (10 days for non-payment)has been given to the
Entity (PARTY).
Equipment Sharing Agreement Between The City of Cupertino,Town of Los Gatos and The City of Campbell Page 13
Waiver of Subrogatioii
Each Party hereby grants to Entity (PARTY) a waiver of any right to subrogation which any
insurer of said Party may acquire against the Entity (PARTY) by virtue of the payment of any
loss under such insurance. Each Party agrees to obtain any endorsement that may be necessary
to effect this waiver of subrogation, but this provision applies regardless of whether or not the
Entity has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity
PARTY). The Entity (PARTY) may require the Party to purchase coverage with a lower
deductible or retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII,
unless otherwise acceptable to the Entity.
Verification of Coverage
Party shall furnish the Entity (PARTY) with original certificates and amendatory endorsements
or copies of the applicable policy language effecting coverage required by this clause. All
certificates and.endorsements are to be received and approved by the Entity (PARTY)before
work commences. However, failure to obtain the required documents prior to the work
beginning shall not waive the party's obligation to provide theirs. The Entity (PARTY) reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
Entity (PARTY) reserves the right to modify these requirements, including limits,based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Equipment sharing Agreement Between The City of Cupertino Town of Los Gatos and The City of Campbell Page 14
ATTACHMENT 8
TOWN OF LOS GATOS EQUIPMENT CATALOG
November 2013)
EQUIPMENT DESCRIPTION RATE
1. 2013 Vacon Catch Basin Sewer Cleaner (CA License # 1410879) 53:50 per hour
428 per day
Page 1 of 1
Town of Los Gatos Equipment Catalog
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK EQUIPMENT INSPECTION FORM AND
INSTRUCTIONS
November 2013)
PURPOSE:
To help ensure the safe mechanical condition of Catch Basin Vacuum Truck before it is
used in service.
DIRECTIONS
The Equipment Inspection Form shall be completed and signed by Borrower and
Provider prior to the Equipment leaving Provider's premises.
Additionally, the Equipment Inspection Form shall be completed by Borrower for each
work shift of operation.
There are three main areas that must be inspected. The exterior inspection checks the
lighting systems, tires, body damage, and Catch Basin Vacuum Truck operation. The
interior inspection checks the operating condition of the major mechanical systems such
as the brakes and steering as well as the operation of the specialized controls and the
cleanliness of the vehicle.
Drivers should also visually check the condition of the belts and hoses in the engine
compartment and fluid levels.
Exterior Inspection
The exterior inspection can be completed more efficiently by two people but it should
not take long for a single person to do the work.
Headlights Both high and low beams must be checked
Turn Signals Front and back pairs of signals must work. In addition
hazard lights must be operational.
Back-up Lights Back-up lights must work if transmission is
shifted into reverse. (Should be inspected by another
individual if possible.)
Mirrors All mirrors must be present, unobstructed, and adjusted to
the person who will be driving the vehicle.
Windshield Wipers Windshield wipers must work at all settings. Wiper fluid
pump should also be tested.
Windows Windows must be secure and in good operating condition.
Page I of 5
Town of Los Gatos Catch Basin Vacuum Truck Equipment Inspection Form and Instructions
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK EQUIPMENT INSPECTION FORM AND
INSTRUCTIONS
Noven.iber 2013)
Tires All tires should be visibly inspected for inflation and tread
wear.
Body Damage Any body damage should be reported even if provider is
aware of the problem.
Cleanliness Outside of the vehicle should be inspected for accumulated
dirt and grime.
Catch Basin Vacuum All Catch Basin Vacuum Truck operations must be checked
Truck before the Equipment is put into service.
Interior Inspection
Brakes Brakes should be checked by putting the vehicle in gear
without acceleration and applying the brakes.
Steering Steering wheel should both have a full range of motion and
effectively turn the front wheels.
Gauges and Indicators All gauges and indicators should be visually inspected to
make sure that they are operational.
Transmission Selector Vehicle should be capable of being shifted into any gear
Specialized Controls All specialized controls are to checked and confirmed for
proper operation.
Cleanliness The interior of the vehicle should be free of any litter, food,
or excessive dirt.
Engine Area Inspection
Borrower shall visibly inspect the engine compartment for any loose belts or hoses.
Fluid levels shall also be checked as appropriate.
Page 2 of 5
Town of Los Gatos Catch Basin Vacuum Truck Equipment Inspection Form and Instructions
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK EQUIPMENT INSPECTION FORM AND
INSTRUCTIONS
November 2013)
Initial & Daily
Equipment # Date:
Driver 1 Driver 2
Hour Meter(Start Yard) Hour Meter(Start Yard)
How-Meter(Start Route)Hour Meter(Start Route)
Hour Meter(End Route) Hour Meter(End Route)
Hour Meter(End Yard) Hour Meter(End Yard)
Daily Check List Check If Defective, All defects must be described on bottom of
Mark X fonn
Items to Check Driver 1 Driver 2 Items to Check Driver Driver 2
1
Belts/Hoses A/C Heater/Defroster
Power Steering Fluid Passenger Door
Oil Level Emergency
Exits/Lights
Water Coolant Level Fire Extinguisher
Water/Oil Leaks Emergency
Reflectors
Tires/Lug Nuts First Aid/Accident
Kit
Head Lamps
Turn Signals
Hazard Lights
Clearance Lights Hand Rails
Brake Lights Seatbelts
Backup Lights
Glass All & Mirror Registration
Clean Exterior Insurance
Infonnation
Proper Decals Radio
Brake Pedal Horn
Emergency Brake Clean Interior
Backup Beeper
Gauge: Oil Pressure Driver's Seat
Gauges:Volt, Fuel, Passenger Seats
Tem p
Wipers/Washers Other:
Page 3 of 5
Tcnvai of Los Gatos Catch Basin Vacuum Truck Equipment Inspection Form and Instructions
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK EQUIPMENT INSPECTION FORM AND
INSTRUCTIONS
November 2013)
Body Damage Description:
All Lightsi
Wipers 8 Glass 8 Signals
Seat Belt All Mirrors
Tires
Any Leaks Under
Windows & Body
Hose &
Reel
Assembly
Exhaust Pipe
All Lights S Signals
Rear Panel & Glass
Zl
Page 4of5
Town of Los Gatos Catch Basin Vacuum Truck Equipment Inspection Form and lnstructions
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK EQUIPMENT INSPECTION FORM AND
INSTRUCTIONS
November 2013)
Defect and brief explanation or other comments:
Provider Signature (initial inspection):
Name: Date
Borrower Signature (initial and daily inspections):
Name: Date
ATTACH AND DATE DIGITAL PHOTOGRAPHS
Page 5 of 5
Town of Los Gatos Catch Basin Vacuum Truck Equipment Inspection Form and Instructions
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK l3IGH WEAR INSPECTION SHEET AND
INSTI:UCTIONS
OCTOBER 2013)
PURPOSE:
Used by borrower to record and report condition of high wear items.
DIRECTIONS:
Borrower shall use this form to indicate high wear item condition upon
initial pick-up of equipment and upon return. An "x" should mark the
component or area that seems to be malfunctioning. Drivers must also
describe the defect as they record information on the vehicle in question,
the date and, their name in the first box. If no repairs are made because
the problem could not be located, the mechanic should also record that
information
Page 1 of 3
Town of Los Gatos Catch Basin Vacuum Truck High Wear Inspection Sheet and Instructions
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK HIGH WEAR INSPECTION SHEET AND
INSTRUCTIONS'
OCTOBER 2013)
Equip. Description.: Date:
Borrower:
HIGH WEAR ITEMS PICK- PICK-UP RETURN RETURN
UP LIFE CONDITION LIFE
COND. REMAINING REMAINING
8" quick clamps
8" catch basin vacuum
tube 6'
5" long crown nozzle
8" vacuum tube 3'
8" vacuum tube 4'
8" vacuum tube 5'
8" vacuum tube 6'
8" Kanaflex hose
8" kanaflex hose clamps.
Hose reel rotary swivel
Hose reel ball valves
Variable flow valve
Hand gun ball valve
Debris body flush-out
valve
Low pressure hand gun .
Hose protection guide
tiger tail)
Sewer cleaner hose 1" x.
3000psi
SIGNED UPON PICK-UP:
Provider: Date:
Borrower: Date:
Page 2 of 3
Town of Los Gatos Catch Basin Vacuum Truck High Wear Inspection Sheet and Instructions
TOWN OF LOS GATOS
CATCH BASIN VACUUM TRUCK F[IGH WEAR INSPECTION SHEET AND
INSTRUCTIONS
OCTOBER 2013)
SIGNED UPON RETURN:
Provider: Date:
Borrower: Date:
Pai.e3of3
Town of Los Gatos Catch Basin Vacuum Truck High Wear Inspection Sheet and Instructions
CITY OF CUPERTINO EQUIPMENT CATALOG
November 2013)
EQUIPMENT DESCRIPTION RATE
1. John Deere 5410 Tractor with Front Loader 18.50 per hour
2. Land Pride Overseeder 5.00 per hour
Page 1 of 1
City of Cupertino Equipment Catalog
CITY OF CUPERTINO
JOHN DEERE 5410 TRACTOR WITH FRONT LOADER INSPECTION FORM AND
INSTRUCTIONS
November 2013)
PURPOSE:
To help ensure the safe mechanical condition of Johrt Deer 5410 Tractor with Front
Loader before it is used in service.
DIRECTIONS
The Equipment Inspection Form shall be completed and signed by Borrower and
Provider prior to the Equipment leaving Provider's premises.
Additionally, the Equipment Inspection Form shall be completed by Borrower for each
work shift of operation.
There are three main areas that must be inspected. The exterior inspection checks the
lighting systems, tires, and tractor operation. The interior inspection checks the
operating condition of the major mechanical systems such as the brakes and steering as
well as the operation of the specialized controls and the cleanliness of the tractor.
Drivers should also visually check the condition of the belts and hoses in the engine
compartment and fluid levels.
Exterior Inspection
The exterior inspection can be completed more efficiently by two people but it should
not take long for a single person to do the work.
Tires All tires should be visibly inspected for inflation and'tread
wear.
Body Damage Any body damage should be reported even if-provider is
aware of the problem.
Cleanliness Outside of the tractor should be inspected for accumulated
dirt and grime.
Front End Loader All front end loader operations must be checked before the
Equipment is put into service.
Power Take Off All power take off operations must be checked before the
Equipment is put into service.
Page 1 of 5
City of Cupertino John Deere 5410 with Front Loader Equipment Inspection Form and Instructions
CITY OF CUPERTINO
JOHN DEERE 5410 TRACTOR WITH FRONT LOADER INSPECTION FORM AND
INSTRUCTIONS
November 2013)
Interior Inspection
Brakes Brakes should be checked by putting the tractor in gear
without acceleration and applying the brakes.
Steering Steering wheel should both have a full range of motion and
effectively turn the front wheels.
Gauges and Indicators All gauges and indicators should be visually inspected to
make sure that they are operational.
Transmission Selector Tractor should be capable of being shifted into any gear
Specialized Controls All specialized controls are to checked and confirmed for
proper operation.
Cleanliness The interior of the tractor should be free of any litter, food,
or excessive dirt.
Engine Area Inspection
Borrower shall visibly inspect the engine compartment for any loose belts or hoses.
Fluid levels shall also be checked as appropriate.
Service Daily Before Start-Up
1. Cheek the engine oil level. Wipe dipstick (A) s
off and reinsert it fully. Remove and locate oil
n
level. B
Safe,operating range is between two marks on
dipstick. Do not operate engine when oil levels
Fisbelowlowermarkondipstick. Add.seasonal g
viscosity grade oil through filler hole (B).
Page 2 of 5
City of Cupertino John Deere.5410 with Front Loader Equipment Inspection Form and Instructions
CITY OF CUPERTINO
JOHN DEERE 5410 TRACTOR WITH FRONT LOADER INSPECTION FORM AND
INSTRUCTIONS
November 2013)
A-Engine Oil Dipstick 5410 Shown
B-Engine Oil Filler Hole
2. Check coolant level in recovery tank (A). If
engine is COOL and level is below "LOW"
mark, add coolant to recovery tank to bring
level to "LOW" mark.
n
NOTE: Coolant level with a cold engine should
fbeatthe "LOW"mark. A tractor at
operating temperature should have a N,
coolant level at the "FULL"mark.
3. Lubricate the following items at 10 hour
intervals if operating in extremely wet or
muddy conditions.
Front axle pivot pin(s)
Steering spindles
Tie rod ends
Use multipurpose grease. (See Fuels,
Lubricants, and Coolants section for grease
specifications.)
For detailed information see Lubrication and
Maintenance section.
A-Coolant Recovery Tank
Page 3 of 5
City of Cupertino john Deere 5410 with Front Loader Equipment Inspection Form and Instructions
CITY OF CUPERTINO
JOHN DEERE 5410 TRACTOR WITH FRONT LOADER INSPECTION FORM AND
INSTRUCTIONS
November 2013)
Initial. & Daily
Equipment # Date:
Driver 1 Driver 2
Hour Meter Hour Meter
Daily Check List Check If Defective, All defects must be described on bottom of
Mark X fonn
Items to Check Driver 1 Driver 2 Items to Check Driver Driver 2
1
Belts/Hoses A/C Heater/Defroster
Power Steering Fluid Passenger Door
Oil Level Emergency
Exits/Lights
Water Coolant Lev_ Fire Extinguisher
Water/Oil Leaks Emergency
Reflectors
Tires/Lug Nuts First Aid/Accident
Kit
Head Lams Power Take Off
Turn Signals
Hazard Lights
Clearance Lights Hand Rails
Brake Lights Seatbelts
Backup Lights
Glass All & Mirror Registration
Clean Exterior Insurance
Information
Proper Decals Radio
Brake Pedal Horn
Emergency Brake Clean Interior
Backup Beeper
Gauge: Oil Pressure Driver's Seat
Gauges: Volt, Fuel,
Temp
Wipers/Washers Other:
Page 4 of 5
City of Cupertino John Deere 5410 with Front Loader Equipment Inspection Form and Instructions
CITY OF CUPERTINO
JOHN DEERE 5410 TRACTOR WITH FRONT LOADER INSPECTION FORM AND
INSTRUCTIONS
November 2013)
gd
Body Damage Description:
Defect and brief explanation or other comments:
Provider Signature (initial inspection):
Name: Date
Borrower Signature (initial and daily inspections):
Name: Date
ATTACH AND DATE DIGITAL PHOTOGRAPHS
Page 5 of 5
City of Cupertino John Deere 5410 with Front Loader Equipment Inspection Form and Instructions
CITY OF CUPERTINO
JOHN DEERE 5410 TRACTOR WITH FRONT LOADER INSPECTION FORM AND
INSTRUCTIONS
November 2013)
SIGNED UPON RETURN:
Provider: Date:
Borrower: Date:
Pagel of 5
City of Cupertino John Deere 5410 with Front Loader Equipment Inspection Form and Instructions
CITY OF CUPERTINO
LANDPRIDE OVERSEEDER INSPECTION FORM AND INSTRUCTIONS
November 2013)
PURPOSE:
To help ensure the safe mechanical condition of Landpride Overseeder before it is used
in service.
DIRECTIONS
The Equipment Inspection Form shall be completed and sighed by Borrower and
Provider prior to the Equipment leaving Provider's premises.
Additionally, the Equipment Inspection Form shall be completed by Borrower for each
work shift of operation.
There are two main areas that must be inspected. The exterior inspection checks the
tires and overseeder operation. The interior inspection checks the operating condition of
the major mechanical systems as well as the operation of the specialized controls and
the cleanliness of the overseeder.
Exterior Inspection
The exterior inspection can be completed more efficiently by two people but it should
not take long for a single person to do the work.
Tires All tires should be visibly inspected for inflation and tread
wear.
Body Damage Any body damage should be reported even if provider is
aware of the problem.
Cleanliness The overseeder should be inspected for accumulated dirt
and grime.
Power Take Off All power take off connection operations must be checked
before the Equipment is put into service.
Page 1 of 4
City of Cupertino Landpride Overseeder Equipment Inspection Form and Instructions
CITY OF CUPERTINO
LANDPRIDE OVERSEEDER INSPECTION FORM AND INSTRUCTIONS
November 2013)
Interior Inspection
Hopper The hopper should be checked and clean of foreign debris.
Knives Check that knives are in proper alignment and operation
Agitator and Chain Check for proper operation.
Service Daily Before Start-Up
1. Check agitator, knives, chains and drive line
Page 2 of 4
City of Cupertino Landpride Overseeder Equipment Inspection Form and Instructions
CITY OF CUPERTINO
LANDPRIDE OVERSEEDER INSPECTION FORM AND INSTRUCTIONS
November 2013)
Initial & Daily
Equipment #
Date:
Driver 1
Driver 2
Daily Check List Check If Defective, All defects must be described on bottom of
Mark X form
Items to Check Driver 1 Driver 2 Items to Check Driver Driver 2
1
Page 3 of 4
City of Cupertino Landpride Overseeder Equipment Inspection Form and Instructions
CITY OF CUPERTINO
LANDPRIDE OVERSEEDER INSPIECTION FORM AND INSTRUCTIONS
November 2013)
y
r
fFu
Body Damage Description:
Defect and brief explanation or other comments:
Provider Signature (initial inspection):
Name: Date
Borrower Signature (initial and daily inspections):
Name: Date
ATTACH AND DATE DIGITAL PHOTOGI:APHS
Page 41 of 4
City of Cupertino Landpride Overseeder Equipment Inspection Form and Instructions
CITY OF CUPERTINO
LANDPRIDE OVERSEEDER HIGH WEAR INSPECTION SHEET AND
INSTRUCTIONS
November 2013)
PURPOSE:
Used by borrower to record and report condition.of high wear items.
DIRECTIONS:
Borrower shall use this form to indicate high wear item condition upon
initial pick-up of equipment and upon return. An "x" should mark the
component or area that seems to be malfunctioning. Drivers must also
describe the defect as they record information on the vehicle in question,
the date and, their name in the first box. If no repairs are made because
the problem could not be located, the mechanic should also record that
information
Equip. Description.: Date:
Borrower:
HIGH WEAR ITEMS PICK- PICK-UP RETURN RETURN
UP LIFE CONDITION LIFE
COND. REMAINING REMAINING
SIGNED UPON PICK-UP:
Provider: Date:
Borrower: Date:
Page 1 of 2
City of Cupertino Landpride Overseeder High Wear Inspection Sheet and Instructions
CITY OF CUPERTINO
LANDPRIDE OVERSEEDER HIGH WEAR INSPECTION SHEET AND
INSTRUCTIONS
November 2013)
SIGNED UPON RETURN:
Provider: Date:
Borrower: Date:
Page 2 of 2
City of Cupertino Landpride Overseeder High Wear Inspection Sheet and Instructions