HomeMy WebLinkAbout810645.tiff RESOLUTION
RE: APPROVAL OF RENTAL AGREEMENT BETWEEN EL PASO COUNTY, COLO-
RADO AND WELD COUNTY, COLORADO FOR RENTAL OF BOMAG MECHANI-
CAL BLENDER
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, Weld County, Colorado is in need of a BOMAG mechani-
cal blender, and
WHEREAS, El Paso County, Colorado owns such a mechanical
blender and is willing to rent its BOMAG mechanical blender to
Weld County, and
WHEREAS, the rental rate shall be $34. 00 per hour, and
WHEREAS, the Board of County Commissioners has studied said
rental agreement and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of Codhty Commis-
sioners of Weld County, Colorado that the rental agreement between
El Paso County, Colorado and Weld County, Colorado for the leasing
of a BOMAG mechanical blender be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman of the Board be, and hereby is, authorized to
sign said rental agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
May, A.D. , 1981.
k-/J (( x BOARD OF COUNTY COMMISSIONERS
ATTEST: t��'^n' ''" "' WELD COUNTY, COLORADO
Weld County Clerk and Recorder cilLge____ (Aye)
andi�-2 xk to the Board Ch c Carlsohairman
: CJ �/1 L-tCA- J y (ABSENT)
`I
`/teput_y County / Norman JCarlson, Pro-Tem
APPRDED AS TO-FORM: ? /T• Z (/ (Aye)
C. W. Kirby
County Attorney (ABSENT)
J n T. Martin /
ne K. inmark
010645
DATE PRESENTED: MAY 6 , 1981
RENTAL AGREEMENT
THIS RENTAL AGREEMENT is made this 26th day of May
1981 , by and between the Board of County Commissioners of El
Paso County (hereinafter referred to as "El Paso County") , and
the Board of County Commissioners of Weld County (here-
inafter referred to as " Weld County") , pursuant to
Section 29-1- 203, C. R. S . 1973 , authorizing counties to cooperate
and contract with one another ;
WITNESSETH :
WHEREAS , Weld County desires to perform certain
road maintenance work requiring the use of a mechanical blender,
such as the BOMAG ; and
WHEREAS, El Paso County owns a BOMAG mechanical blender, the
equipment required by Weld County ; and
WHEREAS , pursuant to the terms and conditions set forth
below, El Paso County is willing to rent its BOMAG mechanical
blender to Weld County; and
WHEREAS , pursuant to section 29- 1- 203, C. R. S . 1973 , the
parties wish to execute a contractual agreement whereby El Paso
County will rent its BOMAG mechanical blender to Weld
County under the terms and conditions set forth below;
NOW, THEREFORE, in consideration of the mutual promises , terms ,
conditions and convenants set forth herein , the parties agree as
follows :
•
1 . El Paso County will rent its BOMAG mechanical blender ,
MPH 100 , fully hydrostatic stabilizer (hereinafter referred to as
the "Equipment") , to Weld County from June 29
1981 until August 10 , 19 81 , a period during which El
Paso County will not require the use of the Equipment .
2 . Weld County shall pay El Paso County the amount
of $ 34 . 00 per hour while renting the Equipment. An additional
$ 8 . 00 per hour shall be paid when the machine is operated by
an El Paso County employee . The rental payment shall be paid
to the El Paso County Department of Transportation, 3170 Century
Street, Colorado Springs , Colorado 80907 . Weld County
shall pay the cost of transporting the Equipment from El Paso
County and returning it once Weld County ' s use is com-
pleted. This transportation shall take place during the term of
this Rental Agreement . An hour meter will be attached during
Weld County' s use of the Equipment and this meter
shall be the conclusive of the number of hours of operation.
Weld County shall keep the hour meter connected to the
Equipment and in good working conditions at all times .
3 . If Weld County fails to return the Equip-
ment promptly at the end of the term of this Rental Agreement ,
additional rental shall be payable by Weld County for
each day beyond the term, said rental pro -rated at one and one-
half (11/2) times the normal rental amount .
4. Weld County will use and care for the Equip-
ment in a careful and prudent manner , pay all operating and
maintenance expenses while the equipment is out of the possession
of El Paso County, and make , at the expense of Weld
County, any and all repairs other than those which El Paso County
agrees to make pursuant hereto. The Equipment shall be returned
to El Paso County in the same condition as when it was received,
reasonable wear and tear excepted. If upon the return of the
Equipment to El Paso County, such Equipment is not in the same
condition as when received, El Paso County will repair the Equip-
ment and charge Weld County for the cost of any such
repairs at El Paso County' s regular shop rates .
5 . If during the term of this Rental Agreement the
Equipment becomes inoperable because of any defect in material or
workmanship , El Paso County, upon being notified of such failure
shall accept return of the Equipment and promptly repair it or
agree to the termination of this Rental Agreement . If El Paso
County decides to terminate this Rental Agreement , any unearned
rental previously paid shall be refunded to Weld County.
Weld County shall be responsible for any costs in-
curred in returning the Equipment to El Paso County.
6 . During the term of this Rental Agreement , Weld
County assumes all risk and liability for the operation of the
Equipment. Weld County shall indemnify and hold harm-
less El Paso County, its employees and agents from any and all
damages for death, personal injuries or property damage arising
out of the use , possession or transportation of the Equipment .
Weld County shall , at its own expense , carry public
liability insurance with minimum liability limits in the amounts
of $100 , 000 per person , and $300 ,000 per occurrence for bodily
injury, including death, and $50 , 000 per occurrence for property
damage . A self insurance reserve fund established and maintained
pursuant to section 24- 10- 115 (3) , C. R. S . 1973, as amended, shall
be an acceptable alternative to commercial liability insurance .
Prior to the Equipment leaving El Paso County, the appropriate
representative of Weld County shall present to El
Paso County proof of compliance with this insurance requirement.
7 . Weld County will not , without the written
consent of El Paso County, install any accessories or devices on
the Equipment if such installation will impair the original
intended function or use of the Equipment . All accessories or
devices fixed to the Equipment are recognized as the property
of El Paso County, unless such accessory or device can be removed
without affecting in any way the intended function or use of the
Equipment. Any damage to the Equipment caused by the removal of
such accessories or devices shall be repaired at Weld
County' s expense .
8 . Weld County shall comply with and conform
to all laws and regulations of the State of Colorado relating
to the possession , use and maintenance of the Equipment.
9 . Whenever requested , Weld County shall advise
El Paso County of the exact location of the Equipment . El Paso
County and its representatives may at all reasonable times ,
for the purposes of inspection, enter upon any job , building
or place where the Equipment is located. El Paso County may
remove the Equipment without notice to Weld County if,
in the opinion of El Paso County, it is being used beyond its
capacity or is being improperly cared for or abused .
10 . If Weld County fails to make any rental pay-
ment when due , attempts to sell or encumber the Equipment ,
ceases to operate the Equipment , or fails to comply with any
other provision of this Rental Agreement , Weld County
agrees to deliver the Equipment to El Paso County upon demand.
Upon such default , El Paso County may enter upon any job ,
building or place where the Equipment is located and take posses-
sion of the Equipment without further notice to Weld
County, and thereupon this Rental Agreement shall terminate and
be forfeited at the option of El Paso County. In the event of
such default, Weld County agrees to pay all rental
currently due , damages for any injury to the Equipment , the costs
of removal of the Equipment from the possession of Weld
County , and all freight , storage , transportation, and other
charges incurred in such removal and return to El Paso County.
In the event that legal action is necessary to enforce Weld
County' s obligations hereunder , Weld County agrees
to be responsible for the costs , including reasonable attorneys
fees , incurred by El Paso County.
11 . This is an agreement for rental of the Equipment , and
nothing herein shall be construed as conveying to Weld
County any right , title or interest in or to the Equipment
leased hereunder, except as a lessee .
12 . This Agreement contains the entire understanding
between the parties , and no modification, amendment , novation ,
or other alteration to this Agreement shall be valid or of any
force or effect unless mutually agreed to by the parties in
writing as an Addendum to this Agreement. At the time of the
execution of the Agreement , there are no other terms , conditions ,
requirements , or obligations affecting this Agreement which are
not specifically set forth herein.
APPROVED AS TO FORM: S � -;i fl
Cha man, aso ounty Boar
of Commissioners
(..sir-8i)
El Paso Co orney / �_ y/
Chai an , Wel Cou ty oar o
Commissioners
AT E T : DEPARTMENT OF TRANSPORTATION
'Deputy Cler ecorder Max L. Rot• : Mild
ATTEST : (El Paso County Board of
County Commissioners)
-
Deputy County Clerk
DEPARTMENT OF ENGINEERING :.-.--:::
PHONE (303) 3564000 EXT.421
P.O.BOX 758
GREELEY,COLORADO 80631
C� .
COLORADO
May 11, 1981
•
•
Max L. Rothschild, P.E.
Director of Transportation
El Paso County
3170 Century Street
Colorado Springs , Colorado 80907
Dear Max:
Enclosed is the signed copy of the rental agreement for the use of the
BOMAG unit, which the Commissioners approved on May 4, 1981. We will
be coming down to pick-up the machine and deliver it back to you when
the time comes, so our rental rate will be $34.00 per hour. The
dates I have left blank, but I told the Commissioners that the time
for the contract would be from the 15th of May to the 1st of July
inclusive. Of course, it is not necessary that we follow those exact
dates. Also attached is a copy of the resolution approving this final
agreement for your records. Also enclosed is a copy of documentation v .
on our self-insurance reserve fund, to comply with the requirements
of paragraph 6 of the agreement.
We would like to have a signed copy of the agreement when you have it
approved by your board.
Sincerely,
Wayne S. Smyth
Director of Engineering
WSS:sd
Enclosures
cc: Clerk to the Board
„ova tot,
MAX L. ROTHSCHILD, P.E. PHONE (303) 471-5445
DIRECTOR OF TRANSPORTATION ,\ /n .
\esr.
GEORGE MADRIL. L.S.
ENGINEERING ADMINISTRATOR ...,y._'
CHARLES A. WHYTE EL PASO COUNTY
COUNTY SUPERINTENDENT
oE�'�A 'iT iE-�NT (oR' 90
'•T • TI�0N
3170 CENTURY STREET
COLORADO SPRINGS, COLORADO 80907
May 29 , 1981
Wayne Smith
Director of Engineering
Weld County
P.O. Box 758
Greeley, CO 80631
Dear Wayne :
Enclosed is a signed copy of the rental agreement for
the BOMAG unit , which was approved by the Board of
Commissioners on May 26 , 1981 . The dates of rental
are as we agreed to on the phone , June 29 to August
10 .
It ' s been a pleasure working with you on this agree-
ment and I hope the BOMAG does the kind of job for
you that I know it can.
Sincerely,
Max L. thschild, P .E .
Director of Transportation
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