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Home My WebLink About20121822.tiff RESOLUTION RE: APPROVE RENTAL AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BIG AIR JUMPERS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Rental Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Fair Board, and Big Air Jumpers, Inc., commencing from the date of execution by the Board of County Commissioners and ending July 29, 2012,with further terms and conditions being as stated in said agreement, and WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Rental Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Fair Board, and Big Air Jumpers, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of July, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:',,es„ �—� Sean P. Con y, Chair Weld County Clerk to the Board BY: Achu Deputy Cl k to th Board ,4 w1 Li_ ii' /uiya/__- ra Kirkmeyer ssi 7 t O � � - tTd E. Long • .0 yA'orney Douglas Rademac -r Date of signature: %- 15-i a- ocs 2012-1822 at_ I a EX0026 RENTAL AGREEMENT BETWEEN BIG AIR JUMPERS, INC., AND THE WELD COUNTY BOARD OF COMMISSIONERS ON BEHALF OF THE WELD COUNTY FAIR BOARD This Rental Agreement is entered into on the day of July,2012,between Big Air Jumpers,Inc.(hereinafter"Lessor"),whose corporate office is located at 3705 E. Saint Vrain Street, Colorado Springs,CO 80909,and the Weld County Board of Commissioners(hereinafter"Customer")on behalf of the Weld County Fair Board for the rental of certain equipment for the 2012 Weld County Fair. WITNESSETH, Lessor and Customer, for the mutual promises and consideration hereinafter set forth,agree as follows: TERMS AND CONDITIONS NOTE:Driver pick-up time is approximate.Driver may arrive early as the"end"of the"Rental period"or as late as 11 pm to pick up the equipment.Customer is responsible for all the equipment until it is picked up by our driver.Same driver will return fur unit;if not, call office immediately! 1.Safety/Operation Instructions: in addition to the information set forth in this agreement,customer acknowledges that there are safety and operating instructions on the equipment delivered and agrees to read those instructions and operate the equipment,or allow the equipment to be operated or used,in accordance to those instructions.Customer further acknowledges and understands that Big Air Jumpers has not agreed to nor have they provided any operators with this rented equipment,and that customer is solely responsible for the correct and safe operation of this equipment.Customer understands that children's safety depends upon customer providing AT ALL TIMES correct operation of and the use of equipment,especially the Inflatable device/or game(s).Customer further agrees to keep all equipment away from swimming pool(s)and customer understands and agrees that they will not operate any electronic equipment near water.By entering this agreement,Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment.Customer voluntarily agrees to keep and maintain all the safety rules for the correct,safe operation and installation and use of all equipment,and to assume and all risk of injury or damage.In particular,customer will not permit the equipment to he operated by anyone who is not fully qualified and who has not received instruction from customer on safe operation and use of the equipment,nor shall customer allow person to use or operate Equipment when it is in need of repair when it is in an unsafe condition or situation. 2.Indemnity/Hold Harmless:Customer will take all necessary precautions regarding items rented,and protect ail persons from injury or damage.Customer acknowledges that they are in charge of the operation and use of the Rental Equipment,and are fully responsible for its safe operation as well as the return of the rental Equipment in good working order.Customer acknowledges and agrees that Lessor is not responsible for any injury occurring to Customer,or any guests of Customer or to any other persons using Rental Equipment,or to any claims by any other person(s)injured by or account of the Rental Equipment,after the equipment has been setup by Lessor and is in the possession of the Customer.Notwithstanding any other terms of this Rental Agreement,Lessor agrees to defend,indemnify,and hold harmless Customer for all injuries or legal claims to the extent such injuries or legal claims which occur due to the setup of equipment by Lessor or product liability or defects of the equipment. 3.Identity of parties:For the purpose of this Rental Agreement,as"Lessor"or BIG AIR JUMPERS shall mean BIG AIR JUMPERS,its owners,officers,directors,shareholders,employees,contractors,agents. Lessor's contact phone number in Colorado Springs is(719)597-7801, in Denver(720)493-9325,and in Northern Colorado(970)330-3433."Customer"shall mean the the Weld County Board of Commissioners. 4.Equipment,Rent,Payment and Term of Rental Agreement:Customers rents from BIG AIR JUMPERS,as Lessor.That certain equipment described in Exhibit A,incorporated herein by reference.The rental fee set forth is payable.in full,in advance,and the rental term shall be that listed as"Rental Period"on the front side of this Agreement,hut all of Customer's obligations arising under the terms and conditions of this rental agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by Lessor.Lessor cannot guarantee weather conditions,and if the Equipment is delivered and accepted by Customer,the Customer shall not be entitled to any refund whatsoever if weather conditions prohibits safe use of the Equipment,or if Customer otherwise elects not to use the Equipment due to weather or other causes. 5.Delivery:Lessor shall deliver the Rental Equipment to the street address specified by Customer as listed on Exhibit A.Customer grants to Lessor the right to enter the property at the said street address("Delivery Address")for delivery,and required setup,if any,and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified items. 6.Receipt/Inspection of Rental Equipment:Customer hires the Rental Equipment an"as is"basis.Customer acknowledges that that Customer will inspect the installation of the rental equipment and will personally inspect the rental items prior to its use,and will read the operating/safety instructions prior to use.Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer's needs. Upon delivery and setup of equipment,Customer shall acknowledge receipt of all items listed on this Rental Agreement,and that they are in good working order. FURTHERMORE,UPON DELIVERY AND SETUP OF EQUIPMENT,CUSTOMER SHALL ACKNOWLEDGE THAT IT HAS RECEIVED SAFETY MANUALS AND SUPPLEMENTAL.MANUALS FOR EQUIPMENT AND AGREES TO READ SUCH INSTRUCTIONS PRIOR TO USE. 7.Possession/rltle:Customer's right to possession of the Rental Equipment begins upon the items being delivered to Customer's premises and setup by Lessor and terminates on the actual pick up by Lessor. Retention of possession,or any failure to permit pick up of the item(s)at or after the end of the"Rental Period"specified constitutes a material breach of this Agreement.In the event that Equipment is not returned for any reason,including theft,the Customer is obligated to pay to the Lessor the full replacement value for such Equipment as listed not he front side of this Agreement,plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Lessor.Title to the rental items is and shall remain in Lessor.Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of Lessor's 2012-1822 delivery of the items,Lessor picks up such items Customer shall not cause nor permit these items,or any of them,to be sublet,rented,sold,or removed front the Delivery Address,or otherwise transfer such items.If rental items are not returned and/or levied upon for any reason whatsoever,Lessor may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so.If rental items are levied upon,or otherwise moved from Delivery Address,Customer shall notify Lessor immediately. 8.Care of Rental Equipment:Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear."Ordinary wear and tear"shall mean the normal deterioration of the rental equipment caused by ordinary,reasonable and proper use of the rental equipment.Customer shall be liable to Lessor for any and all damage which is not"ordinary wear and tear"in an amount equal to the replacement value listed on the front of this Agreement.Damage which is not"ordinary wear and tear"includes,but is not limited to, cutting or tearing of vinyl or netting,damage due to overturning.Overloading,exceeding rated capacities,breakage,improper use,abuse,lack of cleaning,contamination of or dirtying of rental equipment with non-approved items such as chemicals,non approved food,paint,silly string(see paragraph 10),mud,clay,or other materials. 9.Equipment Problems:Should any equipment develop a problem or does not function correctly at any time,or Customer does not understand the operating instruction,Customer agrees to immediately cease use of that equipment.In particular,if the equipment includes an inflatable device/or game(s),and the inflatable device/or games)Unit begins to deflate,customer will immediately have riders exit the inflatable device/or game(s)and then check for one of the following conditions: I)The motor has stopped;in which case check the power cord connection at the outlet where the unit plugs into the house to make sure that has not been unplugged:2)if the motor continues to run,check for a blockage of the air intake screen on the side of the blower unit.Also,check both air tubes on the back of the inflatable device%or games)Unit for snugness and tighten the ties if necessary;3)If either of these steps corrects the problem,fully reinflate the inflatable device/or game(s)prior to permitting anyone to use the unit;4)If you cannot correct the problem,call Lessor's office during normal business hours. 10.Specific Rules and Instructions fur the Inflatable device/or game(s)Unit:The following rules and must be obeyed in the use inflatable device/or games)Unit:A)All safety and operating instructions contained on the Game(s)must be complied with and followed at all times;B) For the safety of all CHILDREN,ADULT SUPERVISION iS REQUIRED AT ALL TIMES;C)No silly string is permitted to come in contact with the inside or outside of the inflatable device/or game(s),this causes irreparable damage the Game(s),and Customer acknowledges that if the Games)is damaged by"Silly String,"then a$1,000.00 fee shall be automatically imposed by Lessor and shall be immediately due and payable by Customer,D)WARNING-extra caution and supervision are required for children ages three(3)and under;E)WARNING-Individuals with head,neck,back or other muscle-skeletal injuries or disabilities,pregnant women,small infants,and other who may be susceptible to injury from falls.bumps or bouncing arc not permitted in the Unit at any time;F)Inflatable Unit must be shut down when wind exceeds 15 miles per hour;G) Do not move the Inflatable device/or games)from the location where set-up;H)If the Inflatable device/or game(s)Unit moves,pull comers) back to the original location(s)and resecure;For other questions regarding the safe installation of equipment,please call our office during normal business hours:I)Do not let the Inflatable device/or game(s)Unit rub up against any surface. 11.Limited Warranty:Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement.All equipment is supplied and maintained subject solely to this warranty.Lessor's sole and exclusive obligations under this warranty are limited to repair or replacement of the rental equipment when Lessor determines that it does not conform to this warranty.Lessor makes no warranty of merchantability or fitness for any particular use or purpose,either express or implied.There is no warranty or representation that the rental equipment is fit for Customer's particular intended use,or that it is free of latent defects.Lessor shall not be responsible to Customer or third party for any loss,damage or injury resulting from,or in anyway attributable to the operation or use of the rental equipment.Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery. 12.Compliance With Laws:Customer agrees not to allow anyone to use the rental equipment for any illegal purpose or in any illegal manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal,county,state,federal or other governmental or quasi- government laws,ordinances and/or regulations which may apply to the use of the rental during the rental period.Customer further agrees to pay all licenses,fines,fees,permits,or taxes arising from Customers use of the rental equipment,including any subsequently determined to be due. Customer is solely responsible for obtaining any and all permits and/or licenses from appropriate government agencies prior to use. 13.Legal Fees:In the event that an attorney is retained to enforce any provisions of the Agreement,the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in such action or proceedings,in an amount to be determined by the court or arbitrator. 14.Customer Acknowledgement:Customer acknowledges and certifies that they have had sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions on both sides and that they understand its content and that they execute it freely, intelligently,and without duress of any kind. 15.Severability:If any one if these terms or conditions of this Agreement are found to be unenforceable,illegal or unconscionable by the court of competent jurisdiction,such item shall be stricken from this Agreement,and the remaining terms and conditions of this Agreement shall stay in full force and effect. 16.Entire Agreement:This Agreement constitutes the full agreement between Lessor and Customer.Any prior agreements,whether written or oral,promises,negotiations or representations not expressly set forth herein shall be of no force of effect. 17. Governmental Immunity:No term or condition of this Rental Agreement shall be construed or interpreted as a waiver,express or implied, of any of the immunities,rights,benefits,protections or. , • " ons,of the Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended. Tc? T ')� ATTEST: CLERK OF THE BOARD fir,- 4. IRMAN OF THE BOARD OF vs � .._'� r .ELD COUNTY COMMISSIONERS Date: �� 1 6 2012 �'•, Chair,Sean P.Conway Date: JUL 16 7012 Approved as to form: CONTRACTOR: adiatit / 16)/ilit ;()AViltr7.7 & / 7-'P0? Weld County Attorney's Office Big Air Jumpers,Inc. Date: 04)1b0i°1?i Date: /4ZALt y c2044 Approved as to substance: ff 472---'—' Terry Sadd eier Weld County Fair Board President EXHIBIT A r � Big Air Jumpers, Inc. g/ B Corporate Office:3705 E. Saint Vrain Street, Colorado Springs, CO 80909 Colorado Springs(719)597-7801 I Denver(720)493-9325 I Northern Colorado(970)330-3433 Welds Country Fair Order No:O2166 Teri Segelke Order Date: July 1, 2012 Delivery Address 525 North 15th Ave. Start Date &Time:Jul 26, 2012 11:00 am Greeley, CO 80631 End Date &Time:Jul 29, 2012 4:30 pm Phone: (970)302-2509 Cell Phone: (970)353-3117 Surface type:Outside, Grass, Stakes Email: rtsegelke@comcast.net Additional Notes: InvNo Name Qty Total This event begins promptly at 11am. Set to CA Castle Bouncer 1 $397.50 occur approx. between 9 and 930 am. ok for 1 -lhp blower required power within 100 ft (three outlets on three Covered vinyl roof separate circuits. -ND WD World Of Disney Bouncer 1 $437.50 Basketball hoop inside 1 -lhp blower required CHECK ON DELIVERY. Covered vinyl roof 18SL 18 ft Backyard Slide 1 $562.50 1 - lhp blower required DRY SLIDE SURGE Surge Protection & Cleaning 1 $0.00 Order subtotal $1,397.50 Discount 0.00 0/0 $0.00 Taxable Amount $1,397.50 Sales Tax 0.00 %o $0.00 Delivery $0.00 Total $1,397.50 Amount Paid $0.00 Balance Due $1,397.50 Page 1 of 4 Hello