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Contract - Costa Mesa, City of - 2012-03-12 RECEIVED APR 1 8 2012 AMENDMENT TO AGREEMENT FOR °SEA Alta WARY DISIRIGI COSTA MESA SANITARY DISTRICT t ` VEHICLE MAINTENANCE SERVICES THIS AMENDMENT is made and entered into this March _ 2012, ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation (the `City") and COSTA MESA SANITARY DISTRICT a sanitary district("District"). Recitals WHEREAS, the City and District entered into an agreement for vehicle maintenance services on September 7 2010 (the Agreement"); and WHEREAS, during the term of the Agreement, vehicles undergoing repair and/or maintenance have had to be taken out of service for extended periods of time; and WHEREAS, during the time a vehicle is out of service the District desires a replacement vehicle to avoid interruption of critical municipal services; and WHEREAS, the City occasionally experiences emergency situations which require the use of an extra pump which is possessed by District; and WHEREAS, the parties now desire to rent to each other vehicles and/or equipment upon occasion; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged; the parties hereby amend the Agreement as follows: SECTION 1 Section 3 of the Agreement is hereby amended to insert the following: C. Upon District request, City agrees to rent to the District the City owned 1999 Sterling 4100 `Vactor' (the `Vactor") subject to the following conditions: 1 City shall not unreasonably withhold the Vactor when requested by the District. However, the City's need of the Vactor, as determined in City s sole discretion, shall take precedence over the Districts need. 2. In the event that City determines it needs the Vactor while District is renting and in possession of it, the District understands and agrees that the City has the right to retrieve the Vactor and keep it for as long as City believes its use to be necessary City shall return the Vactor to the District as soon as it determines its use is no longer needed. 3 In consideration for the use of the Vactor, District shall pay City rent in the amount of Fifty Dollars and Forty Seven Cents ($50 47) per day for each day or partial day the Vactor is in the District's possession. However, District is not obligated to pay rent for any day wherein the City has determined it needs the Vactor and retrieves or is in possession of the Vactor 4 District further agrees to and shall. a. Cover the City logo on the Vactor doors with the District logo while the Vactor is in the District's possession; and b. Secure and protect the Vactor while in its possession; and c. Return the Vactor to the City in the same condition and with a similar level of fuel as when it was received from the City and d. Pay for the replacement or repair of any damage to the Vactor which occurred while in District's possession and which is made in City's sole discretion; and e. Comply with all Department of Transportation requirements, including but not limited to inspections or paperwork, associated with Districts use of the Vactor and provide City with documentation of compliance. D Upon City request,District agrees to rent to City Districts ACME Dynamics Dyna Prime portable pump (the ACME pump") subject to the following conditions: 1 District shall not unreasonably withhold the ACME pump when requested by the City However, the District's need of the ACME pump, as determined in District's sole discretion, shall take precedence over the City's need. 2. In the event that District needs the ACME pump while City is renting and in possession of it, the City understands and agrees that the District shall have the right to retrieve the ACME pump and keep it for as long as the District believes its use is necessary District shall return the ACME pump to the City as soon it determines its use is no longer needed. 3 In consideration for the use of the ACME pump, City shall pay District rent in the amount of Ten Dollars and Nine Cents ($10.09) per day for each day or partial day the ACME pump is in the City's possession. However City is not obligated to pay rent for any day wherein the District has determined it needs the ACME pump and retrieves or is in possession of it. 4 City further agrees to and shall pay for the replacement or repair of any damage to the ACME pump which occurred while in City's possession and which is made in District's sole discretion. E. Upon every transfer of possession of the Vactor or ACME pump between the City and the District, City and District shall provide a representative to jointly inspect and document any visible damages to the vehicle or equipment and to jointly sign an inspection form attesting to the condition of the Vactor or ACME pump. SECTION 2. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. [SIGNATURES FOLLOW ON NEXT PAGE] CITY OF COSTA MESA a municipal corporation g- aidi om Hatch, City Manager Date COSTA MESA SANITARY DISTRICT a sanitary district - Scott Carroll, General Manager Date APPROVED AS TO FORM: Thoma/(1/c u.:/e, City Attorney Date 3- (a- fa Harper& Bums LLP Date District Counsel