The rental agreement is between the Trustees of the University of Pennsylvania on behalf of the University of Pennsylvania Perelman School of Medicine (“PSOM”) and you (“AGENCY”), an agency wishing to rent the MCTU or MCEU.
WHEREAS, PSOM owns and operates the vehicle designed to increase community access to approved research, health information dissemination, and health screening, including testing for HIV, HCV, and STI; and
WHEREAS, AGENCY is engaged in community education and other public health related services; and
WHEREAS, the PSOM does not utilize the MCTU/MCEU on a full-time basis and is willing to make the MCTU/MCEU available to agencies provided there is cost reimbursement to PSOM for its costs for the MCTU/MCEU and indemnification of PSOM for a community based orgainization’s use of the MCTU/MCEU;
NOW THEREFORE, in consideration of the mutual promises of PSOM and AGENCY , the parties do hereby agree as follows:
RENTAL DATE
PSOM agrees to rent the vehicle or equipment to CUSTOMER on the day(s) and time(s) specified on the contract.
RENTAL VEHICLE
The MCTU/MCEU will meet all applicable requirements specified by Pennsylvania statutes and regulations, and will possess valid vehicle permits issued by the State of Pennsylvania.
AGENCY OBLIGATIONS
AGENCY is responsible for maintaining the cleanliness of the vehicle, and for cleaning the MCTU/MCEU in accordance with standard medical and safety protocols, including as to infectious diseases, before and after each use.
INSURANCE COVERAGE AND INDEMNIFICATION
PSOM will maintain in force insurance coverage for the vehicle and its driver.
AGENCY will maintain in full force and effect during the term of this Agreement insurance coverage for all activities it will engage in during its rental of the MCTU/MCEU, including commercial liability, professional liability, and Worker’s Compensation.
A certificate of insurance will be made available to representatives of PSOM upon request.
To the fullest extent permitted by law, AGENCY agrees to defend (at PSOM’s option), indemnify and hold harmless PSOM, its trustees, officers, employees, faculty, agents, successors, and assigns, (“Indemnified Parties”) from and against all actions, causes of action, claims, losses, damages, expenses, charges, debts, attorneys’ fees and costs or liabilities whatsoever, whether known or unknown, present or future (“Claims”), relating to, arising out of, or in connection with the use of the MCTU/MCEU under this Agreement, by reason of: (a) injury (including personal injury or death) to any person (including AGENCY’S employees) or damage to any property of any kind or nature; (b) breach by Agency, its employees or agents of any representation, warranty or covenant under this Agreement; (c) negligence or intentional misconduct by AGENCY; (d) any legal actions brought by AGENCY’S employees against PSOM that would otherwise be covered by workers’ compensation.
FEE SCHEDULE
Charges for service under the agreement shall be billed to the Agency and are payable within 30 days of the billing date.
INDEPENDENT CONTRACTOR
Nothing in the agreement shall be construed to create a relationship of employer and employee, principal and agent, joint ventures, partners, or any relationship other than independent contractors.
The University of Pennsylvania Center for AIDS Research’s Prevention Science and Community Education Core (CFAR-PSCE) maintains a fleet of computer equipment for use by affiliated research investigators for the exclusive purpose of conducting research related to the prevention, treatment, or cure of HIV/AIDS or other conditions that affect persons living with HIV/AIDS.
Renters are expected to return the equipment and all related items to CFAR-PSCE in the condition in which it was received. Any damage or defect must be reported to CFAR-PSCE as soon as possible.