9/7/2021 - ITEM 5 - CONSIDERATION OF LEASE AGREEMENT WITH WILLIAMS SCOTSMAN INC. FOR TEMPORARY FIRE STATION NUMBER 1 FACILITIES, PROJECT NUMBER 22010AGENDA ITEM NO. 5
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: September 7, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF LEASE AGREEMENT WITH WILLIAMS SCOTSMAN INC.
FOR TEMPORARY FIRE STATION NUMBER 1 FACILITIES. PROJECT NUMBER
22010.
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1. Authorize the City Manager to negotiate and execute the Lease Agreement with Williams Scotsman Inc.,
in substantially the form as attached and in such final form as approved by the City Attorney; and
2. Approve a purchase order to Williams Scotsman Inc. totaling $224,263.66 for the delivery, installation,
24-month lease, and removal of the modular unit. The $224,263.66 includes monthly rent of $4,694,
$84,851.71 for installation, and $26,755.95 for removal after 24 months.
3. Waive formal contract procedures in accordance with West Covina Municipal Code Chapter 2, Article
VII, Division 2, Sec. 2-333(i)(1), by finding that it is in the public interest and necessity to waive formal
contract procedures in connection with the lease of modular fire station facilities; as the emergent need
does not permit a delay from publicizing a formal competitive solicitation; and
4. Authorize a 25% contingency allocation, totaling $27,901.92, for the installation and removal of the
modular unit based on the installation and removal costs.
5. Authorize a $100,000 budget for other temporary modular facility set-up needs, which may include but
not limited to water, electric, sewer, computer networking, appliances and furniture. Services to be
rendered by undetermined vendors following the City's procurement requirements.
BACKGROUND:
The West Covina Fire Department provides several resources for fire, emergency medical and rescue services
from five fire stations. The stations have significant deferred maintenance due to budget constraints. Necessary
repairs include diesel exhaust ventilation systems, HVAC duct cleaning, fumigation, roof repair,
asbestos/lead/mold testing and abatement, bathroom, kitchen and sleeping quarter repair, parking lot repair and
replacement, overhead door repair and replacement, interior and exterior painting, and preparation of a needs
assessment and preliminary architectural design for potential replacement of Station No. 1. Fire Station No. 1
has been determined to have been used beyond its service life, crews and equipment need to be relocated until
a new fire station can be constructed.
DISCUSSION:
West Covina Fire Station No. 1 is over 45 years old, the oldest fire station and is beyond repair or renovation.
It was determined through station structural assessment that Fire Station No. 1 does not meet the requirements
for use as living quarters. During a significant earthquake, firefighters along with fire equipment could
potentially be trapped. This facility is on a site shared with City Maintenance, City Garages, the City Yard and
fuel dispensing facilities.
It has been determined that the temporary housing for staff and equipment for Fire Station No. 1 will be
relocated to other locations and facilities on the City Yard property.
A temporary modular type of facility will be utilized for housing of personnel in the northwest portion of the
City Yard behind building C. The modular structure will be brought and placed in a temporary fashion with
full connection of electrical, sewage, water, and networking. The facility will include dorms, kitchen,
bathrooms, dinning, sitting areas and include an office.
Quotes were requested from vendors based on standard wages and the following responded:
VENDOR
QUOTE (24
Months)
Williams Scotsman Inc.
$204,167.56
Vesta Modular
$212,545.00
Mobile Modular
$278,580.00
Williams Scotsman Inc. submitted the lowest quote. After quotes were received, it was determined that
prevailing wages were required in connection with the delivery and installation. Williams Scotsman Inc.
provided a revised quote, totaling $224,263.66 (Attachment No. 2). Revised quotes were not requested from
Vesta Modular or Mobile Modular. However, staff believes that their quotes would increase by a similar
amount to the increase in Williams Scotsman's quote, such that Williams Scotsman would still have the lowest
price.
The proposed Lease Agreement with Williams Scotsman provides for a minimum 24-month lease term at the
following costs:
Monthly recurring costs: $4,694.00
Initial Delivery and Installation costs: $84,351.71
Final return charges cost: $26,755.95
For fiscal year 2021-2022 it is anticipated costs will be $131,291.71.
Upon approval of this request, staff will issue the purchase order in accordance with the City's Municipal Code
and Purchasing Policy to complete the necessary improvements.
LEGAL REVIEW:
The City Attorney's Office has reviewed the agreement and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Adopt staff's recommendation.
2. Provide alternative direction.
Fiscal Impact
FISCAL IMPACT:
The fiscal impact for the delivery, installation, lease and removal of the modular unit is $224,263.66 plus a
contingency of 25% ($27,901.92) and modular facility set-up needs are $100,000. Funds for the temporary
modular facilities have been budgeted in account number 179.80.7003.7900, Project No. 22010, Fire Station
Repairs.
$ 224,263.66 Willscot quote (includes prevailing wage)
$ 27,901.92 25% Contingency
$ 100,000.00 Extra budget
$ 352,165.58 Grant Total
Attachments
Attachment No. 1 - Lease Agreement
Attachment No. 2 - Willscot Quote
ATTACHMENT NO.1
LEASE AGREEMENT
by and between the
CITY OF WEST COVINA
WILLIAMS SCOTSMAN, INC.
LEASE AGREEMENT
THIS LEASE (the "Lease"), is entered into as of September 7, 2021 ("Effective Date"), is
made by and between the CITY OF WEST COVINAti a municipal corporation ("Lessee"), and
WILLIAMS SCOTSMAN, INC., a Maryland corporation ("Lessor").
1.0. SUBJECT OF LEASE
1.1 Purpose. The purpose of this Lease is to set forth the terms and conditions of the
lease of the hereinafter defined Property by the Lessor to Lessee for use in connection with
Lessee's Fire Station No. 1, located at 819 S. Sunset Ave. West Covina, California.
1.2 The Property. The "Property' is that certain property known as one (1) 40' by 60'
modular unit ("Modular Unit"), including the modifications to the Modular Unit and associated items
as further described in Exhibit "A," attached hereto and incorporated herein by reference.
1.3 Parties to the Lease.
1.3.1 Lessee; Lessee's Contact Person. Lessee is the City of West Covina, a
California municipal corporation. The principal office of Lessee is located at 1444 W. Garvey Ave.
S., West Covina, CA 91790. Lessee's contact person for purposes of notices is Vincent Capelle.
1.3.2 Lessor. Lessor is Williams Scotsman, Inc., a Maryland corporation. The
principal office of Lessor for purposes of this Lease is 901 S. Bond Street, Suite 600, Baltimore, ND
21231. Lessor's contact person for purposes of notices is Juan Chavez.
2.0. LEASE OF THE PROPERTY
2.1 Lease. For and in consideration of the rents, conditions, covenants and agreements
set forth herein, Lessor hereby leases the Property to Lessee and Lessee does hereby take and
lease the Property from Lessor.
2.2 Termof the Lease. The term of this Lease shall commenceon September7,2021, or
the date of complete installation of the Property, whichever is later (the "Commencement Date") and
continue for a minimum lease period of twenty-four (24) months. In the event Lessee terminates
this Lease for convenience prior to the end of the minimum lease period, Lessee shall pay for
rental charges through the remainder of the minimum lease period along with applicable
knockdown and return charges. Unless otherwise extended by mutual agreement of the parties,
this Lease shall expire and be of no further effect at midnight on September 6, 2023.
2.3 Installation and Removal of Property.
2.3.1 Delivervand Installation. Lessor shall cause the Property to be delivered
and installed in accordancewith Lessee's specifications and requirements and in accordancewith
Exhibit "A" Such installation shall occur no later than twenty-eight (28) days from the date of this
Lease. Lessor shall comply with California prevailing wage requirements for the delivery and
installation of the Property.
2.3.2 Removal. Upon the termination of this Lease, Lessor shall cause the
Property to be removed in accordance with Lessee's specifications and requirements and in
accordance with Exhibit "A." Lessor and Lessee shall mutually agree on the removal date. Lessor
shall comply with California prevailing wage requirements for the removal of the Property.
2.3.3 Quality of Materials and Services. Lessor represents and warrants that
Lessor is a provider of first class work and services and Lessor is experienced in performing the
installation and removal work contemplated herein and, in light of such status and experience,
Lessorcovenants that it shall follow the highest professional standards in performing the work and
services required hereunder and that all materials will be of good quality and fit for the purpose
stated herein. Lessor shall specifically provide a B Occupancy modular building. The modular
building does not have sprinklers, which are not included in Lessor's pricing.
3.0 RENT; INSTALLATION AND REMOVAL CHARGES
3.1 Base Rent. Lessee shall pay to Lessor as rent for the Property the sum of Four
Thousand Six Hundred Ninety -Four Dollars ($4,694.00) payable in monthly payments on a 28 day
billing cycle ("Base Rent"). This rental amount includes one (1) modified Modular Unit and
associated items, including insurance and property damage waiver, as further described in Exhibit
"A" The Base Rent amount shall be pro -rated based on the installation and removal dates of each
of these items. Invoices for rental charges from Lessor shall be payable within 30 days of receipt.
3.2 Method of Making Required Payments. Rent shall be timely paid in lawful money
of the United States of America, without notice or demand, and without set off, counterclaim,
abatement, deferment, suspension, deduction or defense. Rent due Lessor shall be paid at
Lessor's address for notices under this Lease, or as Lessor may otherwise designate in writing to
Lessee.
3.3 Delivery, Installation, and Return Charges. Lessee agrees to pay Lessor the
delivery, installation, and return charges set forth in Exhibit "A." The delivery and installation
charges shall not exceed $84,351.71. The return charges shall not exceed $26,755.95. In the event
that the Lease is extended after the 24-month initial term, return charges shall be priced at Lessors
then prevailing rate. Lessor may submit to Lessee invoices for delivery and installation charges
upon completion of the installation and removal work. Lessee shall pay Lessor's invoices for
delivery and installation charges within thirty (30) days of receipt of such invoices.
4.0 OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVEM ENTS
4.1 Ownership During Term and at Termination. All improvements to the Property
made by Lessee shall, at the expiration or sooner termination of this Lease, be and remain the
property of Lessee. Lessee shall have the right to remove any of the improvements made during
the term of this Lease. The Property shall be returned to Lessor in the same condition as delivered
to Lessee, reasonable ordinary wear and tear excepted. Lessee is responsible for any damages
due to the addition or removal of any fixtures or structures to the Property.
4.2 Ownership of Fixtures and Furnishings at Termination. At the expiration or
sooner termination of his Lease, Lessee may, at Lessee's election, retain from the Property, at
Lessee's sole cost and expense, all fixtures, structures and furnishings, or of certain fixtures and/or
furnishings that were not provided by Lessor.
Any fixtures, structures and/or furnishings not specified by Lessee to be removed, and any
so specified fixtures and/or furnishings not removed by Lessee prior to the agreed upon removal
date, shall be deemed to be abandoned by Lessee and shall, without compensation to Lessee,
then become Lessor's property, free and clear of all claims to or against them by Lessee or any
third person.
4.3 Maintenance and Repair of Improvements.
4.3.1 Lessee's Responsibilities. Lessee agrees that except as set forth in this
Agreement, Lessee shall, at its own cost, maintain and repair the Property and all fixtures and
furnishings thereon and keep the same in a decent, safe and sanitary condition and in compliance
with all applicable laws. All maintenance and repairs required to be performed by Lessee by this
Lease shall be performed in a good and workmanlike manner, and, to the extent reasonably
achievable, at least equivalent in quality to the original work.
4.3.2 Lessor's Responsibilities. Lessor warrants throughout the term of this
Agreement that it will repair structural or mechanical defects in the Property (excluding HVAC
filters, fire extinguishers, fuses/breakers and light bulbs), provided that Lessee notifies Lessor in
writing of leaks within two (2) days and any other defects or malfunctions within five (5) business
days of the occurrence thereof. Lessorshall have no liability for the repair of any defect or condition
resulting from Lessee's relocation of the Property, utilities connection, alteration of the Property,
use of the Property for a purpose for which it was not intended, vandalism, misuse of the Property,
for excessive wear and tear or for which timely notice is not provided to Lessor. The repair of the
Property by Lessor, due to a defect or condition resulting from any of the preceding causes shall
result in additional charges to Lessee. Lessor shall have no liability whatsoever for any
consequential, incidental or punitive damages, costs or expenses. Except as specifically provided
4.4 Waste. Lessee shall not commit or suffer to be committed any waste or impairment
of the Property or any part thereof. Lessee agrees to keep the Property clean and clear of refuse
and obstructions, and to dispose of all garbage, trash and rubbish.
4.5 Alteration of Property. Lessee shall not make or permit to be made any alteration
of, addition to or change to the Property, other than routine maintenance, repairs, interior
decoration and minor interior alterations, nor demolish all or any part of the Property, without the
prior written consent of Lessor. In requesting such consent, Lessee may be requested to submit to
Lessor detailed plans and specifications of the proposed work and an explanation of the need and
reasons thereof.
4.6 Damage or Destruction. Lessee agrees to give notice to Lessorof any fire or other
damage that may occur on or to the Property within ten (10) days of such fire or damage. if the
Property shall be damaged or destroyed by any cause to such an extent as to make the repair
thereof uneconomical (in Lessor's sole opinion) and which puts the Property into an uninhabitable
condition, this Lease shall automatically terminate and be of no further force and effect.
5.0 ASSIGNMENT, SUBLETTING, TRANSFER
Except as expressly permitted in this Lease, Lessee shall not assign or attempt to assign this Lease
or any right herein, nor make any total or partial conveyance, assignment, sublease or transfer in
any other mode or form of the whole or any part of the Property, without the prior written approval
of Lessor. Any unpermitted assignment or transfer shall be void and in violation of this Agreement
and shall cause the automatic termination of this Lease.
6.0 INSURANCE
Required Insurance. During the term of this Lease (and for any period of holding over), Lessee
shall insure at its cost such insurance showing Lessor as loss payee, against the following perils:
6.1 Loss or damage to the Property, resulting from fire, lightning, vandalism, malicious
mischief, riot and civil commotion, and, in addition, those other perils that are ordinarily included in
extended coverage fire insurance policies. Such insurance shall name Lessor as an additional
insured and shall be maintained in an amount not less than one hundred percent (100%) of the
replacement cost of the improvements located on the Property. All proceeds of such insurance
shall constitute a trust fund to be used to repair, rebuild or replace the Property to its previous
condition, or as agreed by Lessor and Lessee.
6.2 Loss from liability imposed for damages on account of property damage or loss
and/or personal injury, including death therefrom, suffered or alleged to be suffered by any person
or persons whomsoever in connection with the Property in the amount of at least One Million
Dollars ($1,000,000.00) combined single limit. Such property damage and personal injury
insurance shall also provide for and protect Lessor and Lessee against incurring any legal cost in
defending claims for alleged loss.
6.3 Lessee and Lessor agree that Lessee will meet the foregoing insurance
requirements by Lessor enrolling Lessee in the Commercial General Liability Insurance Program,
as set forth in Exhibit "A," and/or by Lessee making the rental payments set forth in Section 3,
above.
7.0 DAMAGE WAIVER PROGRAM
Lessee and Lessor agree that Lessee will participate in the Damage Waiver Program set forth in
Exhibit "A."
8.0 INDEMNIFICATION
As a material part of the consideration to Lessor, to the extent due to the negligence of Lessee,
Lessee shall indemnify, defend (with counsel acceptable to Lessor) and hold Lessor harmless from
any loss, damage, injury, death, accident, casualty, liability, claim, cost or expense (including, but
not limited to, reasonable attorneys' fees) of any kind or character to any person or property
(collectively, "Claims") arising from or related to Lessee's use of the Property during the Term
through removal of the Property, the conduct of Lessee's business and/or any actor omission of
Lessee, its employees, agents, contractors, tenants or invitees. To the extent due to the
negligence of Lessor, Lessor shall indemnify, defend (with counsel acceptable to Lessee) and
hold Lessee harmless from any loss, damage, injury, death, accident, casualty, liability, claim, cost
or expense (including, but not limited to, reasonable attorneys' fees) of any kind or character to
any person or property (collectively, "Claims") arising from or related to Lessor's performance
under this Agreement, including claims arising from the condition of the Property before, during,
and after the Term. Lessee shall not be liable for such Claims to the extent and in the proportion
that the same is ultimately determined to be attributable to the negligence or intentional misconduct
of Lessor. All indemnity obligations under this Section shall survive the expiration or termination of
this Lease. Lessor shall not be liable for any loss or theft of any property on the Property.
9.0 DEFAULTS, REMEDIES AND TERMINATION
9.1 Defaults — General. Failure or delay by either party to perform any material term
or provision of this Lease constitutes a default under this Lease. The party who fails or delays must
immediately commence to cure, correct, or remedy such failure or delay and shall complete such
cure, correction or remedy with reasonable diligence, and during any period of curing shall not be in
default.
The injured party shall give written notice of default to the party in default, specifying the
default complained of by the injured party. Failure or delay in giving such notice shall not constitute
a waiver of any default, nor shall it change the time of default. Except as otherwise expressly
provided in this Lease, any failures or delays by either party in asserting any of its rights and
remedies as to any default shall not operate as a waiver of any default or of any such rights or
remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either
party of its right to institute and maintain any actions or proceedings which it may deem necessary
to protect, assert or enforce any such rights or remedies.
9.2 Legal Actions.
9.2.1 Institution of Legal Actions. In addition to any other rights or remedies,
either party may institute legal action to cure, correct, or remedy any default, to recover damages for
any default, or to obtain any other remedy consistent with the purpose of this Lease. Such legal
actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in
any other appropriate court in that county, or in the United States District Court, Central District of
California.
9.2.2 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Lease.
9.2.3 Acceptance of Service of Process. In the event that any legal action is
commenced by Lessee against Lessor, service of process on Lessor shall be made as provided
by law. In the event that any legal action is commenced by Lessor against Lessee, service of
process on Lessee shall be made by personal service upon the City Clerk of Lessee and shall be
valid whether made within or without the State of California, or in such manner as may be provided
by law.
9.2.4 Attorneys' Fees and Court Costs. V either Lessor or Lessee brings or
commences an action to enforce the terms and conditions of this Lease or to obtain damages
against the other party arising from any default under or violation of this Lease, the prevailing party
shall be entitled to and shall be paid reasonable attorneys' fees and costs therefor.
9.3 Rights and Remedies are Cumulative. Al remedies hereunder shall be
cumulative and the nondefaulting party may pursue any or all of such rights and remedies at the
same time or otherwise.
9.4 Damages. If either party defaults with regard to any of the provisions of this Lease,
the nondefaulting party shall serve written notice of such default upon the defaulting party. If the
default is not commenced to be cured within fifteen (15) days after service of the notice of default
and is not cured promptly in a continuous and diligent manner within a reasonable period of time
after commencement, the defaulting party shall be liable to the nondefaulting party for any direct
damages caused by such default, and the nondefaulting party may thereafter (but not before)
commence an action for damages against the defaulting party with respect to such default.
Lessee's cost in curing or correcting any default under this Lease and any expenses and/or
other costs related thereto shall be repaid by Lessor within fifteen (15) days after Lessee has
dispatched notice of such costs to Lessor pursuant to Section 10.1 hereof regarding notices.
9.5 Lessee's Rights of Termination. In addition to Lessee's rights and remedies
contained in this Agreement, in the Event of Default by Lessor, Lessee may terminate this Lease,
effective upon written notice to Lessor by Lessee, subject to the requirements in the following
sentence. For purposes of this Lease, an "Event of Default by Lessor" means failure by Lessor to
cure or remedy within fifteen (15) business days after the date Lessor has received notice from
Lessee.
The right of termination provided by this Section 9.5 is not exclusive and shall be cumulative
to all other rights and remedies possessed by Lessee, and nothing contained herein shall be
construed so as to defeat any other rights or remedies to which Lessee may be entitled.
10.0 GENERPL PROVISIONS
10.1 Notices, Demands and Communications Between the Parties. Formal notices,
demands and communications between Lessor and Lessee shall be in writing and shall be
delivered by personal service, or by certified or registered mail, postage prepaid, return receipt
requested, to the principal offices of the Lessor and of the Lessee as designated in Section 1.3.1
and Section 1.3.2, respectively, hereof. Any written notice to any of the parties hereunder shall be
deemed to have been duly given on the date of service if served personally or seventy-two (72)
hours after the date of mailing. Rejection or other refusal to acceptor the inability to deliver because
of changed address of which no notice was given as provided hereunder shall be deemed to be
receipt of the notice, demand or request sent. Notices, demands and requests to the parties shall
be sent in the same manner to such other addresses as either party may from time to time
designate by mail sent thirty (30) days prior to the effectiveness of such change, as provided in
this Section.
10.2 Conflict of Interests. No member, official or employee of Lessee shall have any
personal interest, direct or indirect, in this Lease, nor shall any such member, official or employee
participate in any decision relating to the Lease which affects his personal interests or the interests
of any corporation, partnership or association in which he is directly or indirectly interested.
10.3 Nonliability of Lessee's Officials and Employees. No member, official or
employee of Lessee shall be personally liable to Lessor, or any successor in interest, in the event of
any default or breach by Lessee or any of its agents for any amount which may become due to
Lessor's successor or on any obligations under the terms of this Lease.
10.4 No Partnership. Neither anything in this Lease contained, nor any acts of Lessor
or Lessee shall be deemed or construed by any person to create the relationship of principal and
agent, or of partnership, or of joint venture, or of any association between Lessor and Lessee.
10.5 No Merger. The surrender of this Lease by Lessee, or the mutual cancellation of it,
shall not work a mergerand shall, at the option of Lessor, terminate all or any existing subleases or
sub -tenancies, or operate as an assignment to Lessor of all subleases or sub -tenancies.
10.6 Severability. If any provision of this Lease shall be adjudged invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not
be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
10.7 Binding Effect. This Lease, and the terms, provisions, promises, covenants and
conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and
their respective heirs, legal representatives, successors and assigns. This Lease shall not be
effective and binding until each party has executed this document (or by means of counterparts,
all parties have executed this Lease).
10.8 Interpretation. Each party acknowledges that it has had an adequate opportunity
to review each and every provision in this Lease and to submit the same to legal counsel and any
other consultants for review and comment and that the parties jointly drafted this Lease. No
provision of this Agreement shall be construed more strictly against one party than the other party
by reason that one or the other parry proposed, drafted or modified such provision or any other
existing or proposed provision. The headings and captions contained in this Lease are merely for
reference and are not to be used to construe or limit the text.
10.9 Time of the Essence. Time is of the essence in the performance of this Lease.
10.10 Warranty Against Payment of Consideration. Lessorwarrants that it has not paid
or given, and will not pay or give, any third party any money or other consideration for entering into
this Lease.
10.11 Corporate Authority. Each individual executing this Lease on behalf of a
corporation or other entity or organization, represents and warrants that he/she is duly authorized
to execute and deliver this Lease on behalf of such corporation, entity or organization.
10.11 Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Los Angeles County, California.
10.12 Counterparts. This Lease maybe executed in counterparts which, taken together,
shall constitute the whole of the Agreement as between the parties.
10.13 Waivers. The delay or failure of either parry at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
10.14 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
10.15 Entire Aareement.This Lease constitutes the entire agreement between the parties
and supersedes all agreements, documents, representations, warranties, statements, promises
and/or understandings, whether oral or written, with respect to the subject matter hereof, and no
party shall be bound by any such representation, warranty, statement, promise, or understanding
8
not specifically set forth in this Lease. Should any exhibit attached hereto conflict with the terms of
this Lease, the terms of this Lease shall control.
10.16 Counterparts. This Agreement maybe executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
[Signatures appear on following page.]
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year
first above written.
LESSEE:
CITY OF WEST COVINA,
A municipal corporation
Date
David Carmany
City Manager
LESSOR:
WILLIAMS SCOTSMAN,
A Maryland corporation
Date
Signature
,FI'TFTir■IfiC'
Date:
Signature
Name and Title
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Date:
Thomas P. Duarte
City Attorney
EXHIBIT A
QUOTE
Attachment 2
W I L LSCOT Williams Scotsman, Inc. Your WiliScot Representative Contract Number: 1476891
195 E Morgan Street Juan Chavez, Territory Sales Manager Revision: 5
Perris CA 92571 Phone: (951)681-0300 Date: May 18, 2021
+M Email: juan.chavez@willsoot.com
Toll Free: 800-782-1500
Lease Agreement
Lessee: 0010477610 Contact: Ship To Address:
City of West Covina Mike Browne 819 S Sunset Ave 819 S Sunset Ave
819 S Sunset Ave, 819 S Sunset Ave, WEST COVINA, CA 91790 US
West Covina„ California 91790 West Covina„ CA 91790 Delivery Date (on or about): 09122/2021
Phone: 626-364-9376
Email: mbrowne@westmvina.org
Rental Pricing Per Billing Cycle
Quantity Price
Extended
Non Standard Unit
1
$3,760.00
Prof. Entrance -Canopy T2
Steps 1 $60.00
$60.00
Property Damage Waiver (11/12)
5 $89.00
$445.00
ADA/IBC Ramp -switchback & step
1 $340.00
$340.00
General Liability -Allen Insurance
1 $49.00
$49.00
Prof. Cafe Package T2
1 $40.00
$40.00
Minimum Lease Billing Period: 24
Total Recurring Building Charges:
$3,760.00
Billing Cycle: 28 Days
Subtotal of Other Recurring Charges:
$934.00
Total Recurring Charges Per Billing Cycle:
$4,694.00
Delivery & Installation
Modification to Unit M
Create floor plan 1 $52,602.00
$52,602.00
CA Transport Delivery Fee
5 $100.00
$500.00
Foundation / Tiedown Plans
1 $800.00
$800.00
Ramp - Delivery & Installation
1 $2,475.71
$2,475.71
Delivery Freight
5 $400.00
$2,000.00
Block and Level
1 $15,120.00
$15,120.00
Tiedowns into dirt
48 $121.25
$5,820.00
Wood skirting
200 $27.67
$5,534.00
Total Delivery & Installation Charges:
$84,851.71
Final Return Charges*
CA Transport Return Fee
5 $100.00
$500.00
Tiedown-Dirt Removal
48 $39.68
$1,904.64
Skirting Removal - Wood LF
200 $10.32
$2,064.00
Ramp - Knockdown & Return
1 $2,142.86
$2,142.86
Return to Standard
1 $4,797.80
$4,797.80
Teardown
1 $13,680.00
$13,680.00
Return Freight
5 $333.33
$1,666.65
Due On Final Invoice*:
$26,755.95
Total Including Recurring Billing Charges, Delivery, Installation & Return**:
$224,263.66
Summary of Charges
Model: Trailer
Quantity:1
Total Charges for(1)Building(s): $224,263.66
Page 1 of 3
W I L LSCOT Williams Scotsman, Inc. Your WIIIScot Representative Contract Number: 1476891
195 E Morgan Street Juan Chavez, Territory Sales Manager Revision: 5
Perris CA 92571 Phone: (951)681-0300 Date: May 18, 2021
�. Email: juan.chavez@willscot.com
Toll Free: 800-782-1500
Insurance Requirements Addendum
QTY PRODUCT EQUIPMENT VALUE/BUILDING DEDUCTIBLE PER UNIT
1 Trailer $200000.00 $4000.00
Lessee: Citv of West Covina
Pursuant to the Williams Scotsman Lease Agreement and its Terms and Conditions ("Agreement"), a Lessee is obligated to provide insurance
to Williams Scotsman, Inc. ("Lessor") with the following insurance coverage:
1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and
Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount
not less than $1,000,000 per occurrence, naming the Lessor as Additional Insured and Loss Payee.
2. Commercial Property Insurance: covering all losses or damage, in an amount equal to 100% of the Equipment Value set forth in the
Lease providing protection against perils included within the classification and special extended perils (all "risk" insurance), naming the
Lessor as Additional Insured and Loss Payee.
By signing below, the Lessee agrees to the terms and conditions stated herein. All other general Terms and Conditions of the Agreement shall
remain the same and in full force and effect. Each party is hereby authorized to accept and rely upon a facsimile or electronic signature of the
other party on this Addendum. Any such signature shall be treated as an original signature for all purposes.
Commercial General Liability Insurance
Lessee elects to participate in the Commercial General Liability Insurance Program, whereby Lessee will receive insurance coverage through
American Southern Insurance Company ("Insurer") and administered by Allen Insurance Group ("Agent"). The Lessee acknowledges and
agrees that the policy issued by the Insurer is a third party liability policy that covers those amounts that Lessee is legally obligated to pay due
to bodily insurance and property damage arising from the proper use and occupancy of Equipment leased from Williams Scotsman up to the
policy limits. Coverage is subject to underwriting and specific terms and conditions set forth in the policy. An outline of cover is available upon
request. By signing below, Lessee understands and agrees that the Lessor is not providing the insurance coverage and serves only as a billing
agent for the Insurer and its Agent; and, accordingly, it assumes no liability therefore.
Signature of Lessee:
Damage Waiver Program
Print Name:
Date:
Lessee elects to participate in the Lessor's Damage Waiver Program. Lessee understands and agrees that under this program, the Lessor
waives, for a fee, Lessee's obligation to carry Commercial Property Insurance and Lessee's liability to Lessor for repair or replacement of the
modular units leased from Williams Scotsman resulting from loss or damage as specified in the Lease Agreement. Lessee remains liable to
Williams Scotsman for the amount of the damage deductible per unit of equipment noted above. Please refer to the Agreement for specific
details on coverage, exclusions and restrictions on coverage. The Property Damage Waiver is not and shall not constitute a contract for
insurance.
Signature of Lessee:
Print Name:
Please return this signed document with the signed lease agreement.
Date:
Page 2 of 3
W I L LSCOT Williams Scotsman, Inc. Your WIIIScot Representative Contract Number: 1476891
195 E Morgan Street Juan Chavez, Territory Sales Manager Revision: 5
Perris CA 92571 Phone: (951)681-0300 Date: May 18, 2021
•. Email: juan.chavez@willscot.com
Toll Free: 800-782-1500
Clarifications
*Final Return Charges are estimated and will be charged at Lessors prevailing rate at time of return for any Lease Term greater than
twelve (12) months. **All prices exclude applicable taxes. All Lessees and Leases are subject to credit review. In addition to the stated
prices, customer shall pay any local, state or provincial, federal and/or personal property tax or fees related to the equipment identified above
("Equipment"), its value or its use. Lessee acknowledges that upon delivery of the Equipment, this Agreement may be updated with the actual
serial number(s), delivery date(s), lock serial number(s), etc, if necessary and Lessee will be supplied a copy of the updated information.
Prices exclude taxes, licenses, permit fees, utility connection charges, site preparation and permitting which is the sole responsibility of
Lessee, unless otherwise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to
delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a
level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions
that may otherwise affect delivery, installation, dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in
additional charges, as applicable. Physical Damage & Commercial Liability insurance coverage is required beginning on the date of delivery.
Lessor is not responsible for changes required by code or building inspectors. Pricing is valid for thirty (30) days.
Please note the following important billing terms:
• In addition to the first billing period rental and initial charges, last billing period rent for building and other recurring rentals/services
(excluding General Liability Insurance and Property Damage Waivers), will be billed on the initial invoice. Any amounts prepaid to Williams
Scotsman will be credited on the final invoice.
• Invoices are due on receipt, with a twenty (20) day grace period. Interest will be applied to all past due amounts.
• Invoices are due on receipt, with a twenty (20) day grace period. Late fees will be applied to all past due amounts.
• Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee, charged on the next
invoice following payment by check.
• Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or
use MMConnect. Invoices sent standard mail are subject to a paper invoice fee, charged on the following invoice.
Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added
Products (as such items are defined in Lessor's General Terms & Conditions) selected by Lessee as set forth in this Agreement. All
such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the "Equipment". By its signature
below, Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms & Conditions (5-4-21)
located on Lessor's internet site(hfps://www.wiliscot.com/About/termsconditions) in their entirety, which are incorporated herein
by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with
a copy of the General Terms & Conditions upon written request, Lessee should print copies of this Agreement and General Terms &
Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature, digital, or electronic
signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and
shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter
Into and execute this Agreement and bind the respective party thereby.
[ ]Paperless Invoicing Option
Williams Scotsman prefers electronic invoicing, an efficient,
convenient and environmentally friendly process. To avoid fees,
provide us with the proper email address for your invoices
Corrected Email
Address:
Signatures
] ]Standard Mail Option
Customer prefers to receive paper invoice via mail. Fees may
apply. Invoices will be mailed to:
819 S Sunset Ave,
West Covina„ California 91790
Enter a new billing address:
Lessee: City of West Covina
Lessor: Williams Scotsman, Inc.
Signature:
Signature:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
PO#:
PLEASE RETURN SIGNED AGREEMENT TO: LAXLeases(dwillscot.com
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