The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_238-2016 BAILMENT AGREEMENT This Bailment Agreement ("Agreement") is made and entered into by and between the South Coast Air Quality Management District ("SCAQMD"), whose address is 21865 Copley Drive, Diamond Bar, CA 91765 and the City of Redlands ("CITY"), whose address is 35 Cajon Street, Redlands, CA 92373 WHEREAS, the SCAQMD is a regional government agency with jurisdiction over air quality in the South Coast Air Basin and the Coachella Valley portion of the Salton Sea Air Basin in the State of California, Whereas, CITY, a municipality located within the SCAQMD, desires to evaluate and monitor the performance of SCAQMD-owned or SCAQMD-provided battery-operated lawn and garden equipment ("Equipment"), for a period of time to evaluate the benefits and capability of Equipment being demonstrated by CITY as a direct replacement for similar fossil fuel powered equipment, And, whereas both parties agree that wide implementation of the Equipment at the CITY would benefit air quality within the SCAQMD's jurisdiction, and would benefit the public, Now, therefore, the parties agree as follows 1 EQUIPMENT SCAQMD agrees to make available for use, Equipment listed in Attachment A, attached here and incorporated here by this reference, subject to their availability and the terms of this Agreement 2 TITLE A Title to the SCAQMD-owned Equipment will remain vested in SCAQMD, title to SCAQMD provided Equipment is and will remain vested in the owner of the SCAQMD-provided Equipment at all times CITY will not acquire any title or other interest in the Equipment, or any right except the limited and conditional right to use as expressly set forth in this Agreement B CITY agrees that it will not permit any lien, encumbrance or security interest to attach to the Equipment Except as otherwise instructed by SCAQMD for purposes of Equipment repair, replacement or return, CITY will not allow the Equipment to be operated by or to be in the possession of any person other than CITY staff 3 TERM &TERMINATION A The term of this Agreement is for two (2) years from date of execution by both parties The Equipment loan period is two (2) months, and shall begin on the date the Equipment is received by CITY, as indicated by the date on the signed Equipment receipt form The equipment loan period may be extended upon the written consent of the SCAQMD B This Agreement may be terminated by either party for any reason upon providing fourteen (14) calendar days' written notice Any termination of this Agreement will not relieve the CITY of any obligation or liability accrued hereunder prior to the effective date of such termination ORICh"MI. Page 1 of 4 4 CONSIDERATION In exchange for CITY'S use of the Equipment on a rent-free basis, CITY shall complete a survey form monthly and upon conclusion of the demonstration pursuant to Attachment B,attached here and incorporated here by this reference. 5 EQUIPMENT PICK-UP AND RETURN A CITY shall coordinate with the SCAQMD to schedule a time for CITY to receive the Equipment An authorized representative of CITY shall sign an Acknowledgement of Receipt of Equipment form from the SCAQMD B CITY agrees that its right of possession and use of the Equipment terminates at the end of the Equipment loan period CITY will work cooperatively with the SCAQMD to schedule a time for SCAQMD representatives to pick up the Equipment at the City of Redlands, 1270 West Park Avenue, Redlands, CA within five (5) calendar days of the expiration or termination of this Agreement or at the end of the Equipment loan period, as applicable Upon receipt of EQUIPMENT, SCAQMD representatives shall provide CITY evidence of receipt 6 MAINTENANCE & PROPER USE OF EQUIPMENT CITY agrees to use the Equipment solely for the purposes of conducting the evaluation and collecting the data described in Item No 4, or any other evaluation as requested by SCAQMD or by the owner of the SCAQMD-provided Equipment CITY agrees to take reasonable precautions to operate the Equipment in a safe manner consistent with the manufacturer's operating instructions, and to provide routine maintenance and minor repair as the need becomes apparent CITY shall return the Equipment in the same condition as received by CITY, reasonable wear and tear excepted 7 EQUIPMENT PROVIDED "AS IS" THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT IS FURNISHED ON AN "AS IS" BASIS SCAQMD DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATIONS OF ANY KIND CONCERNING ITS MERCHANTABILITY, CONDITION OR SUITABILITY FOR A PARTICULAR PURPOSE SCAQMD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT CITY MAY INSPECT THE EQUIPMENT AT THE SCAQMD'S HEADQUARTERS AND ACCEPT OR REJECT ANY OR ALL OF THE EQUIPMENT PRIOR TO EXECUTING THE ACKNOWLEDGEMENT OF RECEIPT FORM 8 INDEMNIFICATION CITY agrees to indemnify, hold harmless, and defend the SCAQMD, its officers, employees and representatives from any and all liabilities, claims, actions, damages, costs, and expenses of every kind and nature, including attorney's fees, incurred by or asserted against SCAQMD, its officers, employees and representatives in any way relating to or arising out of the bailment, possession, use, condition, operation, transportation or return of the Equipment, unless due to the sole negligence of SCAQMD 9 RISK OF LOSSIDAMAGE CITY is responsible for all loss and damage to the Equipment arising from (a) any omission of maintenance or improper maintenance performed by CITY or on behalf of CITY, or (b) any loss, accident or other event (excluding normal wear and tear) not caused solely by the negligence of SCAQMD Page 2 of 4 10 NOTIFICATION OF EQUIPMENT FAILURE CITY shall notify SCAQMD's designated point of contact within seven (7) days of Equipment failure CITY shall provide SCAQMD with all pertinent information concerning nature of the failure SCAQMD's designated point of contact shall provide instructions regarding the repair, replacement, or return of the Equipment 11 LOCATION Equipment shall be operated and used by CITY, for properties owned and/or maintained by CITY The primary location of CITY is 35 Cajon Street, Redlands, CA 92373 12 NOTICES Notices shall be sent to City of Redlands South Coast Air Quality Management District Attn Kathleen Giorgianni Attn Lori Berard 35 Capon Street, Suite 22 21865 Copley Drive Redlands, CA 92373 Diamond Bar, CA 91765 13 ATTORNEY'S FEES In the event any action is filed in connection with the enforcement or interpretation of this Agreement, each party shall bear its own attorneys' fees and costs 14 INDEPENDENT CONTRACTORS CITY and SCAQMD are independent contractors and shall so represent themselves in all regards Neither party shall represent itself as an agent of the other party 15 SUCESSORS AND ASSIGNS CITY shall not assign its rights and/or obligations under this Agreement without SCAQMD's prior written consent which consent shall not be unreasonably withheld The terms of this Agreement shall bind and inure to the benefit of permitted assigns Any attempt to assign in violation of this Article will be void 16 ENTIRE AGREEMENT This Bailment Agreement represents the entire agreement between the parties hereto and there are no understandings, representations, or warranties of any kind except as expressly set forth herein No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought OR/r,/PAVA L Page 3 of 4 This Agreement is subscribed and entered into by the parties whose signatures appear below SOUTH COAST AIR QUALITY CITY OF REDLANDS MANAGEMENT DISTRICT BY T'1 10) BY . NAME Paul Foster NAME Dr Matt Mivasa o TITLE Mayor TITLE Deputy Executive Officer DATE DATE �� ATTEST Sam Irwin,/City Clerk APPROVED AS TO FORM Kurt R Wiese, General Counsel By Page 4 of 4 Attachment A — Equipment List Manufacturer Model Description Mean Green Products CXR-60 60" Riding Mower Mean Green Products LEM 80 or Batteries LEM 48112 Mean Green Products LEMC-30 or Overnight Battery Charger LEM C3548 Mean Green Products SK-48 48" Stalker Stand-On Mower Mean Green Products LEM 48112 Batteries Mean Green Products LEM C3548 Overnight Battery Charger Mean Green Products MGP-PH Hand Held Power Head Mean Green Products MGP-BB Battery Backpack for MGP-PH Mean Green Products MGP-ST String Trimmer Attachment for MGP-PH Mean Green Products MGP-ET "EGIT" String Trimmer Attachment for MGP-PH Mean Green Products MGP-HT Hedge Trimmer Attachment for MGP-PH Mean Green Products MGP-CS Chain Saw Attachment for MGP-PH Mean Green Products MGP-ME Metal Edger Attachment for MGP-PH Mean Green Products LEM 3614AH Batteries Mean Green Products LEM C536 Trimmer Battery Chargers Mean Green Products MGP-BPB 14124 Back Pack Blower Mean Green Products LEM 3614AH Batteries (Blower) Mean Green Products LEM C1036 Blower Battery Chargers Mean Green Products LEM C536 Blower Battery Charger Greenstation LB-800 Leaf Blower with Data Logging System Greenstation ---- - Back Pack Battery Power Unit with Two Removable Batteries, Each 36V, 24 Ah Greenstation ------ Battery Chargers A-1 Attachment A — Equipment List Manufacturer Model Description STIHL BGA 85 Leaf Blower STIHL FSA 85 Grass Trimmer STIHL HSA 66 Hedge Trimmer STIHL MSA 200 C-BQ Chain Saw STIHL AR 900 Battery Backpacks STIHL AL 500 Hi-Speed Battery Chargers Dewalt DCBL790H1 40-Volt, 400 CFM Blower Dewalt DCST990H1 40-Volt String Trimmer EGO LB 5302 56-Volt, 530 CFM Blower EGO ST1500-S 56-Volt String Trimmer EGO BA4200 56-Volt, 7 5 Ah Batteries EGO CH5500 56 Volt, Rapid Battery Charger ECHO CBL-58VBT 58-Volt, 450 CFM Blower ECHO CST-58VBT or 58-Volt String Trimmer CST-58V4AH ECHO CBP-58V4AH 58-Volt 4Ah Battery ECHO CBC-58VA 58-Volt Rapid Battery Charger Kobalt or GBL 80300 80-Volk, 500 CFM Blower with 2Ah GreenWorks Battery & 30-Min Charger Kobalt or GST-80321 80-Volt String Trimmer with 2Ah Battery GreenWorks &30-Minute Charger A-2 South Coast Air Quality Management District ACKNOWLEDGEMENT OF RECEIPT OF EQUIPMENT Date The South Coast Air Quality Management District is releasing the items listed below to the City of Redlands, as agreed by both parties, to assess feasibility of battery electric yard equipment for commercial applications Quantity Manufacturer Model Description Serial No 1 each Mean Green Products CXR-60 60" Riding Mower 3 each Mean Green Products LEM 80 or Batteries LEM 48112 1 each Mean Green Products LEMC-30 or Overnight Battery Charger LEM C3548 1 each Mean Green Products SK-48 48" Stalker Stand-On Mower 2 each Mean Green Products LEM 48112 Batteries 1 each Mean Green Products LEM C3548 Overnight Battery Charger 1 each Mean Green Products MGP-PH Hand Held Power Head 1 each Mean Green Products MGP-BB Battery Backpack for MGP-PH 1 each Mean Green Products MGP ST String Trimmer Attachment for MGP-PH 1 each Mean Green Products MGP-ET "EG IT" String Trimmer Attachment for MGP-PH 1 each Mean Green Products MGP-HT Hedge Trimmer Attachment for MGP-PH 1 each Mean Green Products MGP-CS Chain Saw Attachment for MGP-PH 1 each Mean Green Products MGP-ME Metal Edger Attachment for MGP-PH 3 each Mean Green Products LEM 3614AH Batteries 3 each Mean Green Products LEM C536 Trimmer Battery Chargers 1 each Mean Green Products MGP BPB 14/24 Back Pack Blower 3 each Mean Green Products LEM 3614AH Batteries (Blower) 1 each Mean Green Products LEMC-536 Blower Battery Charger 2 each Mean Green Products LEMC-1036 Blower Battery Chargers 1 each Greenstation LB-800 Leaf Blower with Data Logging System 1 each Greenstation --- -- Back Pack Battery Power Unit with Two Removable Batteries, Each 36V, 24 Ah Equipment Receipt- Page 1 of 2 f _ ' Quantity Manufacturer Model Description Serial No. 2 each Greenstation ------ Battery Chargers 1 each STIHL_ BGA 85 Leaf Blower 1 each STIHL FSA 85 Grass Trimmer 1 each STIHL HSA 66 Hedge Trimmer 1 each STIHL MSA 200 C-BQ Chain Saw 1 6 each STIHL AR 900 Battery Backpacks 1 6 each STIHL AL 500 Hi-Speed Battery Chargers 1 each Dewalt DCBL790H1 40-Volt, 400 CFM Blower 1 1 each Dewalt DCST990H1 40-Volt String Trimmer 1 1 each EGO LB 5302 56-Volt, 530 CFM Blower 1 each EGO ST1500-S 56-Volt String Trimmer 2 each EGO BA4200 56-Volt, 7 5 Ah Batteries 2 each EGO CH5500 56-Volt, Rapid Battery Charger 1 each ECHO CBL-58VBT 58 Volt, 450 CFM Blower 1 each ECHO CST-58VBT or 58-Volt String Trimmer CST-58V4AH 2 each ECHO CBP-58V4AH 58-Volt 4Ah Battery 2 each ECHO CBC-58VA 58-Volt Rapid Battery Charger 1 each Kobalt or GBL 80300 80-Volt, 500 CFM Blower with 2Ah GreenWorks Battery&30-Min Charger 1 each Kobalt or GST-80321 80-Volt String Trimmer with 2Ah Battery GreenWorks & 30-Minute Charqer Items listed here have been received by an authorized representative of the City of Redlands, whose name and signature appears below, on the date listed below City of Redlands Name Title Signature Equipment Receipt—Page 2 of 2 t Attachment B• Monthly Survey for Cordless Electric Lawn and Garden Equipment a� Commercially Available Commercially Available Mean Green Mean Green Riding Mower Stand-On Mower Strongly Disagree Strongly Agree Strongly Disagree Strongly Agree 1 2 3 4 5 1 2 3 4 5 1 I'm satisfied with equipment performance 0 0 0 0 0 0 0 0 0 0 2 Equipment is easy to use 0 0 0 0 0 0 0 0 0 0 3 Equipment is lightweight 0 0 0 0 0 0 0 0 0 0 4 Equipment is quiet 0 0 0 0 0 0 0 0 0 0 5 Equipment is powerful enough 0 0 0 0 0 0 0 0 0 0 6 1 prefer this equipment over a gas version 0 0 0 0 0 0 0 0 0 0 7 Battery life is good 0 0 0 0 0 0 0 0 0 0 8 Charging batteries was not a big deal 0 0 0 0 0 0 0 0 0 0 9 I'm satisfied with battery charging system 0 0 0 0 0 0 0 0 0 0 10 1 had enough batteries to perform the lob 0 0 0 0 0 0 0 0 0 0 11 No equipment maintenance problems 0 0 0 0 0 0 0 0 0 0 12 1 would consider purchasing for my job 0 0 0 0 0 0 0 0 0 0 13 Comments(e g features liked, problems encountered, improvement needed) Page 1 of 5 Attachment B• Monthly Survey for Cordless Electric Lawn and Garden Equipment Pre-Production Pre-Production Commercially Available Mean Green Greenstatlon STIHL Back Pack Blower Blower/Battery Backpack Blower/Battery Backpack Strongly Disagree Strongly Agree Strongly Disagree Strongly Agree Strongly Disagree Strongly Agree 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 I'm satisfied with equipment performance 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Equipment is easy to use 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 Equipment is lightweight 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Equipment is quiet 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 Equipment is powerful enough 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 6 1 prefer this equipment over a gas version 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 7 Battery life is good 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S Charging batteries was not a big deal 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 9 I'm satisfied with battery charging system 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 10 1 had enough batteries to perform the fob 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 11 No equipment maintenance problems 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 12 1 would consider purchasing for my job 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13 Comments (e g features liked, problems encountered, improvement needed) Page 2 of 5 Attachment B: Monthly Survey for Cordless Electric Lawn and Garden Equipment gitf Commercially Available Commercially Available Commercially Available Commercially Available Mean Green Power Head with STIHL STIHL STIHL Attachments Grass Trimmer Hedge Trimmer Chain Saw Strongly Strongly Strongly Strongly Disagree Strongly Agree Disagree Strongly Agree Disagree Strongly Agree Disagree Strongly Agree 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 I'm satisfied with equipment performance 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z Equipment is easy to use 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 Equipment is lightweight 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Equipment is quiet 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 Equipment is powerful enough 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 1 prefer this equipment over a gas version 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 Battery life is good 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S Charging batteries was not a big deal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 I'm satisfied with battery charging system 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 1 had enough batteries to perform the job 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 No equipment maintenance problems 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 1 would consider purchasing for my job 0 0 0 0 0 �0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13 Comments(e g features liked, problems encountered, improvement needed) Page 3 of 5 a s 8 Quantity Manufacturer Model Description Serial No 2 each Greenstation ------ Battery Chargers 1 each STIHL BGA 85 Leaf Blower 1 each STIHL FSA 85 Grass Trimmer 1 1 each STIHL HSA 66 Hedge Trimmer 1 1 each STIHL MSA 200 C-BQ Cham Saw 6 each STIHL AR 900 Battery Backpacks 6 each STIHL AL 500 Hi-Speed Battery Chargers 1 each Dewalt DCBL790H1 40-Volt, 400 CFM Blower 1 each Dewalt DCST9901-111 40-Volt String Trimmer 1 each EGO LB 5302 56-Volt, 530 CFM Blower 1 each EGO ST1500-S 56 Volt String Trimmer 2 each EGO BA4200 56 Volt, 7 5 Ah Batteries 2 each EGO CH5500 56-Volt, Rapid Battery Charger 1 each ECHO CBL-58VBT 58-Volt, 450 CFM Blower 1 each ECHO CST-58VBT or 58-Volt String Trimmer CST-58V4AH 2 each ECHO CBP-58V4AH 58-Volt 4Ah Battery 2 each ECHO CBC-58VA 58-Volt Rapid Battery Charger 1 each Kobalt or GBL 80300 80-Volt, 500 CFM Blower with 2Ah GreenWorks Battery & 30-Min Charger 1 each Kobalt or GST-80321 80 Volt String Trimmer with 2Ah Battery GreenWorks & 30 Minute Charger Items listed here have been received by an authorized representative of the City of Redlands, whose name and signature appears below, on the date listed below City of Redlands Name Title Signature Equipment Receipt—Page 2 of 2