State Lease Agreement.docx
DOCX document 27 KB Posted
- Solicitation number
- 72DOW-S2302
- Issued by
- Elko County, Nevada
About this file
This document is a State Lease Agreement between the State of Nevada and a Lessor for the lease of equipment. The agreement outlines the terms and conditions of the lease, including the lease term, definitions of the parties involved, and the process for providing notice and terminating the agreement. The agreement incorporates additional attachments that provide details on the scope of work and the costs associated with the lease. The agreement allows for the lease to be terminated without cause or with a penalty, and is contingent upon the availability of appropriated funds. The agreement also includes provisions related to billing submission deadlines and the authority of the parties to enter into the agreement.
The agreement specifies that the total cost of the lease shall not exceed a certain dollar amount, and that the State does not agree to reimburse the Lessor for expenses unless otherwise specified in the incorporated attachments. The agreement also includes a termination charge that may be applied if the lease is bought out and returned to the Lessor, which is limited to the balance of the lease payments or four months' worth of service and supply base, whichever is less.
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Other files
| File | Type | Posted |
|---|---|---|
| Contract Form.docx | DOCX document | |
| Insurance Schedule~3.docx | DOCX document | |
| Federal Addendum~2.docx | DOCX document | |
| Terms and Conditions for Goods.pdf | ||
| Attachments for Signature~3.pdf | ||
| Quote Instructions.pdf | ||
| 72DOW-S2302 Liquid Oxygen Supply System and Bulk Liquid Oxygen~2.docx | DOCX document | |
| Cost Schedule.docx | DOCX document | |
| Reference Questionnaire~2.docx | DOCX document | |
| Terms and Conditions for Services~2.pdf |
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Text version
For Purchasing Use Only:
RFP/Contract #
AGREEMENT FOR THE LEASE OF EQUIPMENT
A Contract Between the State of Nevada Acting By and Through Its
(NAME, ADDRESS, PHONE AND FACSIMILE NUMBER OF LEASING AGENCY)
and
| WHEREAS, NRS 333.150 authorizes the Chief of the Purchasing Division to approve the rental or lease of equipment by using agencies; and |
| WHEREAS, it is deemed that the lease of this equipment is both necessary and for the good of the State of Nevada; |
| NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows: |
1. LEASE TERM. This Agreement shall be effective from ________________ to ___________, unless sooner terminated by either party as set forth in this Agreement in paragraph (9).
2. DEFINITIONS. “State” means the State of Nevada and any state agency identified herein, its officers, employees and immune contractors as defined in NRS §41.0307. “Lessor” means a person or entity from whom the State has leased equipment under the terms and conditions set forth in this Agreement. “Fiscal Year” is defined as the period beginning July 1 and ending June 30 of the following year.
3. NOTICE. Unless otherwise specified, termination shall not be effective until 30 calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.
4. INCORPORATED DOCUMENTS. The parties agree that the scope of work shall be specifically described; this Agreement incorporates the following attachments in descending order of constructive precedence; a Lessor's Attachment shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in this Agreement:
ATTACHMENT AA: LESSOR'S RESPONSE
5. CONSIDERATION. The parties agree that Lessor will provide the services specified in paragraph (5) at a cost of $_________ per _______________ (state the exact cost or hourly, daily, or weekly rate exclusive of travel or per diem expenses) with the total Agreement or installments payable: ______________not to exceed $___________. The State does not agree to reimburse Lessor for expenses unless otherwise specified in the incorporated attachments. Any intervening end to a biennial appropriation period shall be deemed an automatic renewal (not changing the overall Agreement term) or a termination as the results of legislative appropriation may require.
6. TIMELINESS OF BILLING SUBMISSION. The parties agree that timeliness of billing is of the essence to the Agreement and recognize that the State is on a fiscal year. All billings for dates of service prior to July 1 must be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August, which forces the State to process the billing as a stale claim pursuant to NRS 353.097, will subject the Lessor to an administrative fee not to exceed $100.00. The parties hereby agree this is a reasonable estimate of the additional costs to the State of processing the billing as a stale claim and that this amount will be deducted from the stale claim payment due to the Lessor.
7. TERMINATION.
| a. Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Agreement may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause. | |||
| b. | Termination With Penalty. | Leases may be bought out and returned to Lessor, although operational, non cancelable rentals and capital leases will be subject to a termination charge. The termination charge may not exceed the balance of lease payments and may not exceed more than four (4) month service and supply base or 25% of the remaining term, whichever is less. | |
| c. State Termination for Nonappropriation. The continuation of this Agreement beyond the current biennium is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or federal sources. The State may terminate this Agreement, and Lessor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Leasing Agency’s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired. | |||
| d. Cause Termination for Default or Breach. A default or breach may be declared with or without termination. This Agreement may be terminated by either party upon written notice of default or breach to the other party as follows: | |||
| i. | If Lessor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services called for by this Agreement within the time requirements specified in this Agreement or within any granted extension of those time requirements. |
8. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Agreement on behalf of each party has full power and authority to enter into this Agreement. Any services performed by Lessor before this Agreement is effective or after it ceases to be effective are performed at the sole risk of Lessor.
9. ENTIRE AGREEMENT AND MODIFICATION. This Agreement and its integrated attachment(s) constitute the entire agreement of the parties as related to the lease of this equipment and such are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an integrated attachment to this Agreement specifically displays a mutual intent to amend a particular part of this Agreement, general conflicts in language between any such attachment and this Agreement shall be construed consistent with the terms of this Agreement. Unless otherwise expressly authorized by the terms of this Agreement, no modification or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by the Office of the Attorney General.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and intend to be legally bound thereby.
Lessor’s Signature (Vendor) Date Lessor’s Title
Leasing Agency Signature Date Title
Signature Date Title
| _____________________________________ | |||
| State of Nevada Purchasing Approval Signature | Date | Title |
Agreement for Lease of Equipment Form approved 07/09
File details come from the government source that posted it. Updated .