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1983-0316_ORANGE, COUNTY OF_Equipment Sharing Agreement32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171 March 31, 1983 Paul E. Cook Director of Public Works City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Re: Orange County Equipment Sharing Agreement Dear Paul: Attached is the certification by our City Clerk for the adoption of the Equipment Sharing Agreement approved by City Council. Further, I have attached the listing of the equipment with rental rates to be added into the master equipment sharing list. The contact person for the City of San Juan Capistrano will be John Jones, Public Works Superintendent at 714/493-1171. I look forward to seeing you soon. Sincerely, CITY OF SAN JUAN CAPISTRANO W. D. Murphy Director of Public Works WDM/rem Encls. cc: City Clerk I CITY OF SAN JUAN CAPISTRANO RENTAL RATES FOR EQUIPMENT SHARING SEWER RODDER - Rockwell,' 1978 (700 feet) $ 35.00 BOOM TRUCK - Ford, 1974 Tico Boom, Cap. 7,OOOn Mounted with removable 1500 gal. water tank and pump $ 40.00 BACK HOE - Case, 580B 1974, with trailer DUMP TRUCK - GMC, 1980 - 8 yd. PATCH UNIT - Ford C-600, 1975 - Insulated bed, no heater box SAND BLASTER - 1 sack capacity AIR COMPRESSOR - Worthington 160, tractor mounted - 60 lb. and 90 lb. Thor Hammer, add $10 per day PICK-UP - 1/2 ton - various years WDM/3/31/83 $ 40.00 $ 45.00 $ 45.00 $ 15.00 $ 15.00 $ 20.00 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the Orange County Cooperative EaILp Sharing Agreement approved by the City Council on D mhPr ?_ 14R (SEAL) O City er San Juan Capistrano, California DATED: This 16th day of March 19 83 11 2 3 4 5 G; 71 s 0, 10 11 12 13 11� 15 11 17i 18 19 20 21 22 23 24 25 26 27 28 29 N 31 32 I E ORANGE COUNTY COOPERATIVE EQUIPMENT SHARING AGREEMENT T'AIS AGREEMENT entered into by and among the Cities approving the AGREEMENT by Resolution are all municipal corporations organized and operating under the latus of the State of California, and shall hereinafter be referred to jointly as "CITIES" and individually as "CITY". RECITALS 1. CITIES are geographically located in close proximity to each other in the County of Orange. 2. CITIES, and each of them, own certain equipment and desire to cooperate with each other to increase the utilization of this individually - owned equipment to cover overhead charges during periods when said equipment is not being used. 3. CITIES desire to assist each other by providing convenient sources for said equipment at relatively low cost. AGREENEII I THE CITIES MUTUALLY AGREE AS FOLLOWS: 4. Rental: CITIES agree, on a mutual aid basis, to rent to and between each other certain equipment according to the terms of this AGREEMENT. 5. Rates and Procedures: Rental rates may be established by CITIES using the following formula as a guideline: R = (C -j51+ M]/D R = Rental rate in dollars per day. C = Present replacement cost of equipment. N = Service life of equipment in years. S = Salvage Value M = Annual maintenance cost in dollars per year. D = Equipment utilization in working days per year. The minimum rental rate shall be Ten Dollars (510.00) per day and all rates calculated shall be rounded off to the nearest One Dollar (51.00) per day. 0 0 1 CITIES shall be responsible for compiling a list of equipment and 2 rates for the rental of said equipment and shall submit it to Secretary - 3 Treasurer of the City. Engineers Association of Orange County by the first 4 Monday in April of each year. The rental rates shall be published and 5i distributed prior to and become effective on July 1 of the same calendar 6I year. In the event a CITY fails to submit an updated list of rental rates 7 for equipment prior to the first Monday in April, the most recent submitted I 8 rental rates shall apply. 9 The owning CITY shall establish the procedure for billing as 10 equipment is rented. 11 6. Employee/Operator: CITIES reserve the right to determine when 12 an employee/operator shall be required to accompany and operate any equipment 13 rented. CITIES agree that in the event an employee/operator accompanies 14 and operates any equipment, CITY owning that equipment and employing that 15 employee/operator shall in no manner be construed to be performing work for 16 renting CITY, but, rather, shall be deemed to be acting as a renter of said 17 equipment only. 18 CITIES agree that renting CITY shall pay owning CITY for the 19 rental rate of the equipment plus the labor rate of the employee/operator. 20 CITIES agree that the labor rate shall include the employee/operator's 21 hourly rate of pay, the cost of all fringe benefits to which such employee/ 22 operator is entitled and a fifteen percent (15%) administrative charge. 23 Notwithstanding the fact that an employee/operator that accompanies 24, and operates a particular piece of equipment may come under the temporary 25 direction, supervision, and control of officers and employees of renting 26 CITY thereby creating a special employment relationship between said 27 employee/operator and renting CITY, CITIES agree that, in accordance with 28 Section 11663 of the California Insurance Code, CITY owning the equipment 29 and generally employing the employee/operator shall be solely liable for said U0 employee/operator incl^ ',q but not limited to compensation payable on 31 account W injury o((-,iKj ino((-,K the course of and arising out of general and 32Ilspecial employments w"V ss renting CITY had Che employee/operator on its -2- 2 3 1 .i 5 6 7 8i 9 10 I 11 1) 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 29� N 31 32 9 0 payroll at the time of the injury in which case renting CITY shall be solely liable. For the purpose of this AGREEMENT, an employee/operator shall be deemed to be on the payroll of owning CITY notwithstanding the fact that renting CITY is paying a sum equal to said employee/operator's salary plus benefits to owning CITY. 7. Condition of Equi ment: CITIES agree that all equipment shall be in good operating order and shall include all normal accessories such as hand tools required for operation at the time said equipment is rented. Renting CITY agrees to maintain equipment in good operating order and to immediately notify owning CITY of any malfunction or breakdown of rented equipment while in possession of renting CITY. Further, renting CITY agrees to be responsible for all costs of towing and repairing any equipment which malfunctions or becomes damaged from any cause while in possession of renting CITY. If the equipment is motorized, CITIES agree that the equipment shall contain a full tank of fuel to be provided by owning CITY at the time the equipment leaves the home base of owning CITY, and that renting CITY shall be responsible for providing subsequent fuel requirements including a full tank of fuel as is practical when the equipment is returned to owning CITY. CITIES agree that the rental rate does not include the supplying of any materials for use with any equipment. 8. Security and Checkout Procedures: CITIES agree to use their best efforts to provide for security and to prevent the loss, theft, or damage to equipment. To this end, CITIES agree to abide by the checkout procedures mutually agreed upon by ovning and renting CITY. Further, CITIES agree that renting CITY shall be responsible for transportation to and from owning CITY and that owning CITY has no duty or obligation to deliver equipment to renting CITY. Further, renting CITY small provide safe storage of equipment when retained overnight, and at all other times when equipment is not in use. 9. Availahirity of Equipment: CITIES agree that they retain the right to,:refuse the -f equipment at any time. Further, CITIES agree that owning CITY sh,:I! have the right to recall any equipment at any time. -3- 1'I 10. Inspection: CITIES agree that owning CITY shall have the 2 right to inspect its equipment at any time while in possession of renting 3 CITY. Owning CITY "shall !:ave the right to recall the equipment if it L 4 determines that the equipment is being misused, abused, or is in need of 5 :i maintenance or repairs. 6 11. Indemnification and Liability: CITIES, their officers and 7 employees, shall not be deemed to assume any liability for the negligence 8 of renting CITY or of any officer or employee thereof, nor for any defective 9 or dangerous condition of the streets, property, or equipment of renting 10 CITY, and renting CITY shall hold CITIES, their officers and employees 11 harmless from, and shall defend CITIES and the officers and employees thereof, 1`, against any claim for damages resulting therefrom. Further, renting CITY 13 shall protect and save CITIES, their officers and employees, harmless from 14 all claims, damages and costs, and shall assume the defense of all actions 15 for any such damages or injuries alleged to have arisen out of the use of 161 CITIES' equipment while being used by renting CITY whether operated by an 17 employee of renting CITY or by an employee/operator from CITIES except that 18 an owning CITY shall be Pesponsible for damage or injuries resulting from 19 the willful misconduct of its employee/operator. 20 Renting CITY agrees to indemnify and hold CITIES harmless from 21I any loss, liability, claim, suit or judga:ent resulting from work or acts 22 done or omitted by renting CITY in carrying out this AGREEMENT. 23 ; Renting CITY agrees that it shall be liable to CITIES on account 24 of loss of rented equipment by fire, theft, and natural disaster. 25 These provisions are included in accordance with Government Code 26 Section 895.4 and apply to all parties herein. •27 12. Failure to `,eturnEqui pnimit: Renting CITY shall return a 28 piece of rented equipinent to owning CITY from which the equipment was L9 j rented within 24 hours following written demand upon the Public Works I 30 Director, Public Serv'r - Director, Public ilaintenance Director, or 31 equivalent supervisr-i;O ;v, ition of renting CITY by owning CITY. Renting SL 11 CITY ayrees that as i;r olty for failing to timely return a piece of rented -4- 1 I equipment, it shall pay to owning CITY all costs for similar equipment 2 necessarily rented by owning CITY in the open rental market plus 15% of 3 said amount as administrative costs. 4 13. Violations of Law: Renting CITY shall hold owning CITY 5 harmless for all fines, penalties, and forfeitures imposed for parking or 6 traffic violations including reasonable attorney's fees, which are incurred 7 while any rented motorized equipment is in possession of renting CITY. S 14. Use_of_Eguipment: CITIES agree that equipment rented shall 9 be used by and solely for Lhe benefit of renting CITY and shall be used and 10 operated solely by officers and employees of renting CITY who are qualified 11. to operate it, unless an employee/operator accompanies said equipment in 12 which case said employee/operator shall be the sole operator of said 13 equipment. 14� 15. SuuplevtPntar� Conditions: Nothing in this A.GREEMEMT shall 15 restrict renting CITY and oaming CITY fr^m agreeing to additional conditiors 16I necessary to resolve a special situation. 17 16. Withdrawal_ from Agreement: Any CITY which is a party to 1S this AGREENDJ may withdraw at any time, upon 30 days written notice to each 19 1 of the other parties, and thereafter, such withdrawing CITY shall no longer 20 be a party to this AGREME11T but this AGREEMENT shall continue to exist among 21 the remaining CITIES. 22 17. Effective Date of Aareement: This AGREEMENT shall become 23 effective, as between the contracting CITITES upon their approval of this 24 AGREEME;;T. 25 IN WITNESS WIIEREOF, the CITY OF SAN JUAN CAPIS- hereto has TRANO 26 executed this AGREEMENT on the date hereafter set forth: 27 DATED March 16, 1983 CITY OF SAN JUAN CAPISTRANO a mun >pa corpor ion 2S Approved by the City Council at their meeting of December 3, 1982. 29 A TT I -ST 311 1\4rLyor I-AWRINCE F. Ion 32 MARY ANN r R, C RK APPROVED AS TO FORM: -5- J ES S. OKAZAKI, CPTY ATTORNEY CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Paul E. COOK Public Works Department Director (714) 536-5431 March 10, 1983 William D. Murphy, Director Dept. of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92575 Re: Orange County Equipment Sharing Agreement Dear Bill: To this date, I have not received confirmation that your City Council has approved the subject agreement. I am now coordinating this program for the Orange County League of Cities and City Engineers Association. Attached is a sample of this agreement. Please contact me at (714) 536-5437 or by -mail regarding your City's status on this agreement. If your City has approved the agreement, please send me a copy. For your information, paragraph 5 of this agreement states that the City should send a copy of equipment rental rates to the Secretary - Treasurer of the City Engineers Association by April 1st of each year. If your City has approved the agreement, please include the rental rates in your submittal or state that you wish to use the standard CALTRANS equipment rental rates. I hope to hear from you on this matter very soon. If equipment opera- tion and maintenance responsibilities are in another department in your City, please forward this request to them. -Very truly yours, Paul E. Cook Secretary/Treasurer O.C.C.E.A. PEC:jy Attaoh. AGENDA ITEM 0 0 �K December 3, 1982 T0: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Cooperative Equipment Sharing Agreement - Orange County Cities SITTTATTnN City Staff has been working with other local municipalities to develop a County -wide mutual aid equipment -sharing program. The attached agreement establishes the regulations and guidelines to be utilized by participating in the program. A list designating those items to be made available for this purpose would be supplied by each City and then compiled together for a complete reference. Should an agency wish to borrow certain equipment contact would be made directly to the City with the item and arrangements made. This convenience and ability to obtain equipment in emergency and routine times would be significantly helpful, as well as cost effective. FINANCIAL CONSIDERATIONS There is no cost to be a participant in this program. The costs associated with the actual borrowing or revenues from renting City equipment could serve to off -set some maintenance expenditures during the year. ALTERNATE ACTIONS 1. By motion, approve the Cooperative Equipment Sharing Agreement and authorize the Mayor and City Clerk to execute the appropriate document. 2. Do not approve the Agreement. 3. Refer to Staff for additional information. RECOMMENDATION By motion, approve the Cooperative Equipment Sharing Agreement and authorize the Mayor and City Clerk to execute the appropriate document when transmitted to the City. Respectfully submitted, W. D. Murp *7WDM:CSF/nep f-�1....... 7. COOPERATIVE EQUIPMENT SHARING AGREEMENT - ORANGE COUNTY CITIES (38) As set forth in the report dated December: 7, 19'82.,,.from the Director of Public Works, the Coopera;taste - Equipment:.Sharing Agreement was approved, whereby'parti4patini Orange County cities will make certain of their -'individually -owned equipment available for rental on a mutual aid basis to other Orange County cities. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City.