HomeMy WebLinkAbout20071505.tiff RESOLUTION
RE: APPROVE FORM OF EQUIPMENT RENTAL AGREEMENT AND DELEGATE
AUTHORITY TO TINA BOOTON TO APPROVE SAID AGREEMENTS
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 Form of the Equipment 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 Department of Public Works, and
certain landowners who qualify, commencing upon full execution of said agreements,with further
terms and conditions being as stated in said agreement form, and
WHEREAS, after review, the Board deems it advisable to approve the form of 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 Form of the Equipment 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 Department of Public Works,and certain landowners who qualify be,and hereby
is, approved.
BE IT FURTHER RESOLVED that the Board hereby delegates authority to Tina Booton,
Department of Public Works, to approve said agreements with various landowners meeting the
criteria in the form of said agreements.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
,c,4 "; 7, ELD UNTYYn CO OR DO
ATTEST: � !. /.Y .;'tJJ}}�` a
�'�f ''s T, '2 id E. Long, Chair
'i} :.
Weld County Clerk to the B ¢'s h_
��° illiam HJ, T
BY: �u � �L�2� �//L„/
D ty Cl to the Bo r
William F. Garcia
APP M: EXCUSED
Robert D. Masden
Cob t ttorney
Date of signature:
tP111 107 Doug as ademacher
2007-1505
EG0056
EQUIPMENT RENTAL AGREEMENT
Pursuant to the terms and conditions of this Agreement, the Weld County Public
Works Department ("WELD COUNTY") and the CUSTOMER named below hereby
enter into the following Agreement to rent a 25 gallon skid mounted sprayer with
handgun ("EQUIPMENT"):
CUSTOMER:
Name Address Phone #
TERMS AND CONDITIONS:
It is agreed as follows:
1. Rental of EQUIPMENT shall commence on 20 ,
and terminate at on , 20_
2. A security deposit of$35.00 has been made by CUSTOMER
to WELD COUNTY in a separate check. CUSTOMER acknowledges and agrees that
the security deposit is subject to being retained by WELD COUNTY (forfeited by
CUSTOMER) in accordance with the terms of this Rental Agreement.
3. The rental cost of $10.00 for a seven day rental has been paid to Weld
County by the CUSTOMER.
4. CUSTOMER acknowledges that he has had an opportunity to inspect the
EQUIPMENT, and finds it suitable for his needs and in working condition, and that he
fully understands its proper use.
5. CUSTOMER assumes all risks arising from the use of EQUIPMENT and
understands that EQUIPMENT can cause injury or death to CUSTOMER or others if
used improperly. Weld County makes no warranty that the EQUIPMENT is suited for
the CUSTOMER'S intended use, or that it is free from defects.
6. If the EQUIPMENT becomes unsafe or in disrepair as a result of normal
use, CUSTOMER agrees to discontinue use and notify WELD COUNTY which will
replace the EQUIPMENT upon its return with similar EQUIPMENT in good working
order, if available. CUSTOMER agrees not to hold WELD COUNTY liable for down-
time, loss or use of materials, or other incidental or consequential damages resulting
from the use of EQUIPMENT.
7. CUSTOMER promises to indemnify and hold harmless WELD COUNTY,
the Board of County Commissioners of Weld County, its officers and employees, from
2007-1505
claims resulting from the use of EQUIPMENT by CUSTOMER or others.
8. CUSTOMER shall not alter or make additions to the EQUIPMENT.
9. CUSTOMER is responsible for any damage to his/her property as a result
of the use of the EQUIPMENT.
10. CUSTOMER promises to inspect EQUIPMENT periodically and will not
operate EQUIPMENT when a defect in the EQUIPMENT has been noticed.
11. CUSTOMER and other users of EQUIPMENT must be at least 18 years of
age.
12. CUSTOMER will not take EQUIPMENT out of WELD COUNTY, Colorado.
13. WELD COUNTY may terminate this contract and enter CUSTOMER'S
property to recover EQUIPMENT at any time.
14. CUSTOMER agrees that in the event that the EQUIPMENT is not
returned in as clean a condition (triple rinsed) as when it was delivered, a
cleaning charge will be deducted from CUSTOMER'S security deposit. The
determination as to the condition of the EQUIPMENT shall be made by WELD
COUNTY.
15. This contract may not be changed except in writing, signed by an
authorized WELD COUNTY official.
16. CUSTOMER agrees that there is no reimbursement of rental payment for
unused time under this Agreement.
17. CUSTOMER understands that WELD COUNTY may hold CUSTOMER'S
security deposit until WELD COUNTY is satisfied that the terms of this Agreement have
been complied with, but not to exceed ten days after the rental has been completed.
18. CUSTOMER assumes all risks for loss of or damages to EQUIPMENT,
resulting from:
(A) Theft, burglary, robbery, or mysterious disappearance;
(B) Intentional or criminal acts;
(C) Negligent acts of the CUSTOMER or anyone using the EQUIPMENT;
(D) Loss or damage in transporting the EQUIPMENT, except for accidental
damage, as defined in paragraph 20, below.
19. CUSTOMER agrees to pay for any loss of or damage to EQUIPMENT,
except for accidental damage, as defined in paragraph 20, below. CUSTOMER'S
security deposit will be applied towards EQUIPMENT damage, and CUSTOMER shall
pay any remainder.
20. WELD COUNTY will not charge CUSTOMER for accidental damage to
EQUIPMENT caused by collision or fire. CUSTOMER is responsible for damage to
EQUIPMENT resulting from negligence, intentional acts or gross negligence.
Accidental damage DOES NOT INCLUDE THEFT, MYSTERIOUS DISAPPEARANCE
OR MISUSE.
21. In case of an accident or EQUIPMENT breakdown, phone WELD
COUNTY at 970-304-6496, extension 3750 or 3770.
22. Report all claims to: Weld County Public Works Department
1111 H St
PO Box 758
Greeley, CO 80632
23. CUSTOMER has read and understands the terms of this Agreement.
THIS Agreement is signed on 20
CUSTOMER
EQUIPMENT RENTAL AGREEMENT
CUSTOMER:
Name Address Phone #
Rental of EQUIPMENT shall commence on 20 , and
terminate at on , 20_
Initials
1. Security Deposit: $35. Check made out to Weld County.
2. Rental fee of$10. Separate check to Weld County or cash.
3. Equipment will be triple rinsed before it is picked up.
4. Customer assumes all risk associated with use of Equipment
5. If Equipment breaks or becomes unsafe, Customer will stop
using the Equipment and report it immediately.
6. Customer will not modify the Equipment.
7. Customer will hold Weld County harmless.
8. Customer agrees to pay for damages
beyond what the security deposit covers.
9. This is not a complete list of the agreement requirements.
CUSTOMER has read and understands the complete terms of this Agreement.
THIS Agreement is signed on 20
CUSTOMER
Hello