HomeMy WebLinkAbout990078.tiff RESOLUTION
RE: APPROVE FLEET MAINTENANCE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- BAKER SUPPORT SERVICES, 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 Fleet Maintenance Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Purchasing Department, and Baker Support
Services, Inc., commencing January 1, 1999, and ending December 31, 2001, 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 Fleet Maintenance Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Purchasing Department, and Baker Support Services, 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 13th day of January, A.D., 1999, nunc pro tunc January 1, 1999.
BOARD OF COUNTY COMMISSIONERS
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. , Al��U at. � Dale,K. Hall, Chair
Weld County Clerk o � .' --
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FLEET MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of January 1999, by and between
Baker Support Services, Inc, a corporation organized and existing under and by virtue of the
laws of the state of Texas, hereinafter referred to as "Contractor," and Weld County, by and
through the Board of County Commissioners of Weld County, a political subdivision of the
state of Colorado, hereinafter referred to as "County."
WHEREAS, the goals of County procurement include reduction of the overall fleet
maintenance cost, improvement of fleet availability, and improvement of services offered
to those departments which use fleet vehicles; and
WHEREAS, Contractor desires to perform under this Agreement in such a manner as to fully
accomplish said goals; and
WHEREAS, Contractor represents that it has authorized and empowered the individual
executing this Agreement to bind and to obligate said Contractor.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is mutually agreed as follows:
Section 1 - Status
It is expressly agreed and understood that Contractor is in all respects an independent contractor
as to the work and that the Contractor is in no respect an agent, servant, or employee of the
County. All employees of the Contractor shall work exclusively for the Contractor and shall not
be considered employees of the County, nor shall they be eligible for County benefits. This
Agreement specifies the work to be done by the Contractor, but the method utilized to
accomplish the work shall be the responsibility of the Contractor. The County shall designate a
contracting officer, who shall serve as the County representative in matters relating to this
Agreement.
Section 2 - Subcontracting
The Contractor may subcontract services to be performed hereunder with the prior approval of
the County, which shall not unreasonably withhold approval. No such approval will be
construed as making the County party of, or to, such subcontract, nor shall approval be construed
as subjecting the County to liability and obligation under this Agreement; and despite such
subcontracting, the County shall deal through the Contractor and subcontractors will be dealt
with as workmen and representatives of the Contractor.
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Section 3 - Facilities
County shall provide to Contractor, at the cost of one dollar ($1.00) per year, the fleet
management garage owned by the County and located at 1399 Seventeenth Avenue, Greeley,
Colorado, and all County-owned equipment, tools, and furniture located therein. Said garage,
equipment, tools, and furniture shall hereinafter be referred to as "Facilities." Contractor agrees
not to use the Facilities for work on vehicles or equipment that are not owned or leased by
County. Upon taking possession of said Facilities, Contractor shall provide to County an
itemized receipt of all said equipment, tools, and furniture therein.
County agrees to provide water, gas, electricity, and telephone service for said Facilities at no
charge to Contractor. Contractor shall be responsible for the cost of all long distance telephone
service, except for those charges that are directly related to the management and maintenance of
the County fleet.
Contractor agrees that any additional equipment acquired for performance of this Agreement
after County approval shall become the property of County. Said additionally-acquired
equipment shall be charged to County.
County agrees to repair, maintain, and/or renovate the Facilities as determined necessary by
County due to degrading conditions. Contractor agrees to inform County of degrading
conditions. Contractor agrees, upon completion of performance,to return the Facilities to the
County in similar condition as it was provided to Contractor, except for normal wear and
depreciation.
Contractor agrees to provide interior janitorial maintenance, housekeeping supplies, and minor
preventive maintenance of overhead doors, lifts, cranes, washing equipment and compressors,
and light bulb replacement. Contractor shall provide the bulk of the vehicle/equipment
maintenance work, which is contemplated by this Agreement, at County's location.
Section 4 - Preventive Maintenance
Contractor and County agree to develop and to implement a preventive maintenance program,
hereinafter referred to as "PM," in accordance with recognized, sound fleet management
practices. At a minimum, said PM program shall consist of those standards as described and
listed in the proposal.
Contractor agrees to provide written notification to user departments during the month preceding
any scheduled PM. The County agrees to immediately notify Contractor to arrange for an
alternate appointment if the user department is unable to deliver the scheduled vehicle at the
specified time. Contractor agrees to schedule PM services in accordance with an appropriate
usage base. County agrees that each fuel servicing station or user department shall furnish
odometer and hour meter readings to Contractor on all County-owned vehicles and equipment
which are a part of the Agreement fleet, as described and listed in Appendix "A" herein, or which
may be added to said fleet and this Agreement by modification as a result of vehicle replacement
or new appropriations.
Contractor agrees to conduct, within the first six (6) months of this Agreement, an initial PM
inspection and repair of all vehicles and equipment for the purpose of fleet assessment and
bringing the fleet up to mutually-agreed-upon acceptable maintenance standards.
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The PM program also shall include PM services on-site for heavy construction equipment,
trailers, and non-motorized equipment that are not suitable for over-the-road travel.
Section 5 - Repairs
Contractor agrees to seek County approval for repairs that are estimated to exceed $1,000 for
light duty and $2,000 for heavy duty vehicles. Contractor agrees to provide written
recommendation to the County for equipment replacement when Contractor determines that
replacement is more cost effective than repair.
Contractor agrees to provide emergency service calls. Contractor agrees to provide an on-site
emergency service for vehicles or equipment that have incurred impairments preventing them
from being driven or delivered to the maintenance Facility. If towing a vehicle or equipment to
the Facilities for repair is feasible, on-site service shall not be required.
Contractor agrees to provide priority service to emergency vehicles under an established repair-
priority system, which shall be subject to approval and modification by County. Said priority
system and emergency vehicle categorization shall be mutually agreed upon by Contractor and
County. Contractor agrees to provide a "quick fix" function for minor repairs, which require less
than one hour to perform when the vehicle operator chooses to wait for the service.
Contractor agrees to administer all warranties associated with management of the County fleet.
Should a dispute arise between Contractor and the manufacturer as to the definition of warranty
work, Contractor agrees to provide the required repair service and, in such event, County agrees
to reimburse Contractor for said repairs should Contractor be unsuccessful with its efforts to
enforce the warranty
Contractor agrees to correct, at no cost to County, any service that is necessary because of
mechanic error. The following standards shall be the basis upon which repair is determined to
be substandard to the extent of the time/usage listed below ending upon whichever condition
occurs first:
• Engine exchange/overhaul — 12 months/12,000 miles
• Transmission exchange/overhaul — 12 months/12,000 miles
• Brake overhaul— 3 months/12,000 miles
• Tune-up —3 months/12,000 miles
• Electrical Components— 3 months/3,000 miles
• General repairs and other services— 3 months/3,000 miles
Contractor agrees to arrange for and to manage outside repairs for services which cannot be
performed in-house because of cost or lack of appropriate tools or equipment. Contractor agrees
to coordinate with County as to what may be accomplished in-house versus outside.
Contractor agrees to receive and to place all applicable insignia and license plates on all new
vehicles that are added to the fleet. Contractor further agrees to remove all insignia and license
plates from all vehicles that are to be removed from the fleet and sold. Installation or removal of
items that are not provided for in this Agreement shall be considered outside this Agreement and
not included in the target budget.
Contractor agrees to prepare a work order for all vehicle/equipment body repairs and
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maintenance, to include damages as a result of accidents. Contractor agrees to obtain three (3)
competitive bids for body repairs, painting, and maintenance which are required because of
accidents. County agrees that the cost of said body repair and maintenance invoices are not
included in and shall be over and above Contractor's estimated budget as set forth in Section 18,
below, and shall be paid for in total by County.
Section 6 - Vehicular Services
Contractor agrees to notify user departments by telephone if a vehicle is expected to be in the
Facilities for more than 24 hours. County agrees to provide fuel service for all vehicles and
equipment.
Section 7 - Parts
Contractor agrees to provide all parts, materials, supplies, oils and lubricants, and services other
than those specifically identified as County furnished as may be required to perform under this
Agreement. Contractor agrees to utilize used parts only when all other sources have been
exhausted and then only with written authorization from County. Contractor agrees to procure
quality parts that meet or exceed manufacturer standards and specifications. Contractor agrees to
seek County approval before introducing new product lines.
Contractor agrees to document all vehicle and equipment maintenance and repair actions on an
authorized work order. Contractor agrees to record all parts, materials, supplies, and services on
said work orders. Contractor agrees to maintain the parts inventory on the basis of anticipated
consumption, availability, dollar values, and quantity-purchase savings.
Contractor shall purchase active parts from inventories that are currently maintained for the
performance of repair and PM services for said fleet. In such event, Contractor and County
shall conduct a joint physical inventory prior to purchase. Said purchase shall not include
inactive or obsolete parts. Cost of said purchase shall be mutually agreed upon by the parties.
MI parts shall be stored at County's location. Upon completion of performance or termination of
this Agreement, County or the incoming contractor shall purchase from Contractor, at cost, all
active parts within said inventory.
Section 8 - Reporting
Contractor agrees to provide and to maintain the hardware and software for a permanent,
detailed, automated record system for each vehicle and vehicle category. Contractor agrees to
maintain all records and data pertaining to the performance of this Agreement. Contractor
further agrees to maintain one set of complete records on-site at County's location. County shall
reserve the right to audit said on-site records at any reasonable time. County shall provide to
Contractor, at the start of this Agreement term, the currently maintained historical data on each
individual vehicle or item of equipment. Contractor agrees to maintain a complete set of service
manuals for each type of vehicle, equipment, or unit. County agrees to reimburse Contractor for
the cost of ordering any manuals that are missing during the start of performance under this
Agreement.
A hard copy history folder shall be maintained by Contractor for each vehicle. This folder shall
contain, in chronological order, all work orders generated on the vehicle. The folder shall also
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contain the vehicle's make, model, year, and serial number along with invoice information. MI
files shall be considered County property. Upon prior notice to Contractor's Site Manager,
Contractor shall provide to County's authorized representative(s), at all reasonable times, access
to all electronic and hard data, books, records, correspondence, instructions, plans, drawings,
receipts, vouchers, and memoranda of every description, and shall provide to the authorized
representative(s) cost verification for work. MI records shall be considered open records under
Colorado State law. Contractor agrees to provide to County for a period of 180 days after
expiration of this Agreement, for audit or review, access to all Contractor records pertaining to
this Agreement.
Contractor shall provide to County by noon on Monday of each week a summary of maintenance
activities for the previous week. Contractor shall also provide to County, no later than the 10th
day of each month, a management report that shall contain complete information covering the
maintenance activities for the previous month. Contractor agrees to provide an annual report to
County which shall certify the description, serial number, cost, and date of purchase of any
equipment purchased for County under this Agreement and for any equipment which was traded,
sold, or otherwise disposed of during the previous year. Contractor further agrees to include in
said annual report a complete end-of-the-year operating data/costs per unit, sorted by department,
and a certified statement of Contractor's financial condition. At a minimum, Contractor's
reporting system shall consist of those requirements as described and listed in the proposal.
Section 9 -Invoicing
Contractor and County agree that this Agreement shall be a time and material agreement.
County agrees that Contractor shall issue a monthly invoice to the County that represents
Contractor's time plus actual parts. Contractor and County agree that the following are
reimbursable items to be paid by County and are not included in and shall be over and above
Contractor's estimated budget:
• Costs for repairs, including body repair and painting, due to abuse, vandalism, or accident.
• Parts to repair vehicles damaged because of accidents.
• Fuel.
• Cost of additional County-directed work.
• When directed by the County to repair equipment when it is determined that replacement is
more cost effective.
• Capital expenditures -those items which cost more than $1,000.00 and which extends the
useful life of the vehicle more than two years.
• County auditing expense.
• Changes of more than 5 percent in the size or mix of the fleet as identified in the Appendix
attached hereto.
• Facilities Maintenance - Interiors, exteriors, and infrastructures and equipment repairs,
excluding interior janitorial maintenance.
• County-directed overtime labor and other extraordinary expenses for emergencies.
County agrees to pay each approved invoice in full within thirty (30) calendar days of receipt of
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said invoice. County further agrees to notify Contractor in writing within fourteen (14) calendar
days of receipt of the invoice should County question approval of any item thereon. In such
event, Contractor shall submit to County verification data for all amounts claimed.
Section 10 - Other Services
Contractor agrees to provide fleet maintenance as required by County during natural disasters or
other emergency conditions. In such event, County agrees that the cost for these emergency
services provided are not included in and shall be over and above Contractor's estimated budget
as set forth in Section 19, below. In such event,County agrees that Contractor's labor hours
expended in support of emergency services, which exceed normal work hours, shall be billed to
County at actual cost.
Contractor agrees to assist County in preparing purchase specifications, and verification thereof
upon delivery, for additional or replacement vehicles and service equipment.
Contractor further agrees to assist the County with inspection and assessments of used vehicles
and equipment under consideration for purchase or lease.
Contractor agrees to operate County's location during the hours of 6 a.m. to 10 p.m., Monday
through Friday each week with the exception of County holidays. Contractor agrees to provide
on-call personnel to respond to emergency services and additional work directed by County.
Contractor agrees to perform such additional directed work as authorized by County. County
agrees that such additional directed work is not included in and shall be over and above
Contractor's estimated budget set forth in Section 19, below. County further agrees that
additional directed work shall be billed to County at actual cost.
In the event of accident, abuse, or fire affecting any County vehicle or equipment, Contractor
agrees conduct O&M technical investigations in order to provide support data to County.
Contractor agrees to comply with all local, state, and federal laws regulating the disposal of
hazardous waste. Contractor further agrees to dispose of all Contractor-generated waste
materials and to indemnify, defend, and hold the County harmless against any claim or liability
arising from Contractor's violation of any hazardous waste disposal regulation.
Section 11 — Staffing
County agrees that Contractor shall have the right to select or to terminate Contractor's
employees. Selection of the site manager shall require joint approval of County and Contractor;
however, said site manager shall be considered the employee of Contractor. County further
agrees that Contractor shall determine those benefits to be provided to Contractor's employees.
Section 12 - Performance
Contractor agrees that should County fail to require Contractor to perform any provision herein
said failure shall not affect County's right to enforce said performance thereafter.
Prior to performance under this Agreement, Contractor agrees to furnish to County a
performance bond in the amount of Seven Hundred, Forty-One thousand Seven Hundred Sixty-
Two Dollars ($741,762).
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County agrees to provide a release of said performance bond to Contractor within fifteen (15)
days of the expiration of this Agreement.
It is agreed that in no event shall either County or Contractor be liable or responsible to each
other or to any other persons due to any stoppage or delay in work herein provided for, where
such stoppages or delays result from acts of God, fire, war, legal or equitable proceedings, or any
other cause which is not within the control of County and/or Contractor.
Section 13 -Insurance
Contractor agrees to obtain and to keep in full force and effect, until termination or expiration of
this Agreement, the following insurance coverage with an insurance company licensed and
qualified to do business in the state of Colorado as evidenced by a certificate of insurance to be
provided to County:
• Worker's Compensation - statutory limits ($1,000,000 each occurrence)
• Comprehensive General Liability - $1,000,000 per occurrence, $1,000,000 aggregate for
bodily injury and $1,000,000 per occurrence, and $1,000,000 aggregate for property damage.
• Automobile Liability Insurance with minim combined single limits for bodily injury and
property damage of not less than one million ($1,000,000) dollars for any one occurrence
with respect to each of the contractor's owned, hired, or non-owned vehicles assigned to or
used in performance of the Contract.
Weld County, Colorado shall be named as "additional insured" in said certificate of insurance.
The Contractor agrees to protect, defend, indemnify and hold harmless from any and all losses,
penalties, damages, settlements, costs, charges, professional fees, or other expenses or liabilities
of every kind and character arising out of or relating to any and all claims, liens, demands,
obligations, actions, or proceedings as a result of negligence by the Contractor. Without limiting
the generality of the foregoing, and all such claims related to personal injury, infringement of
any patent, trademark, copyright (or application for any thereof) or of any other tangible or
intangible personal or property right, or actual or alleged violation of any other tangible or
intangible personal or property right, or actual or alleged violation of any applicable statute,
ordinance, administrative order, rule or regulations, or decree of any court, shall be included in
the indemnity hereunder. 'the Contractor further agrees to investigate, handle, respond to,
provide defense for, and defend any such claims at its sole expense, including claims related to
accidents and injuries resulting from poor vehicle maintenance.
Section 14 - Regulatory Compliance
Contractor agrees to comply with all applicable federal, state, county, and local laws, rules, or
regulations in effect at the time of execution of this Agreement. The parties agree that later-
enacted laws, rules, or regulations may require modification of this Agreement. Contractor
agrees to indemnify, defend, and hold harmless County, by and through the Board of
County Commissioners of Weld County and its employees, against any claim or liability arising
from Contractor's violation of any such applicable laws, regulations, ordinances, orders, or
decrees.
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Section 15 - Choice of Law
This Agreement shall be interpreted, construed, and governed by the laws of the State of
Colorado.
Section 16 - Penalty Deduction and Incentives
Contractor and County agree to the performance standards and applicable penalties to be
computed and paid quarterly as set forth in Appendix B.
County agrees that DOWNTIME as used in Appendix B is the total number of operational hours
that a vehicle or unit of equipment is unavailable for use due to a need for unscheduled or
preventive maintenance. DOWNTIME shall be computed as follows:
Total number of hours vehicle/equipment is not available for use. Total number of hours
vehicle/equipment is normally scheduled for use during Monday through Friday. (Said
list of scheduled hours shall be provided to Contractor by County at the beginning of
performance of this Agreement.)
County agrees that DOWNTIME shall begin upon Contractor's immediate verification, after
notification by County, of need for repair that renders the unit unavailable for use. County
agrees that repairs that do not render a vehicle/equipment inoperable or unsafe shall be
considered deferred maintenance and shall not impact DOWNTIME. DOWNTIME shall end
upon notification by Contractor that vehicle/equipment is available for pick-up. Downtime does
not include the time to make repairs necessary as a result of vehicle/equipment abuse, accidents,
vandalism, fire or acts of god.
Section 17- Term of Agreement
The duration of the contract will be from January 1, 1999, to December 31, 2001, for thirty-six
(36) months. Further, County may exercise options, with the agreement of the contractor,to
extend the contract for up to two (2)two-year terms. A new Cost Target shall be negotiated each
year. With the exception of labor, escalation of the approved budget for the ensuing year shall
not exceed the Cost/Price Index (CPI) for all urban consumers in the maintenance and repair
category for the state of Colorado for the period year. Labor costs shall be negotiated separated,
but shall not exceed what county is projecting on average for its own employees.
Section 18 - Fleet
County agrees that for purposes of this Agreement and Contractor's estimated budget (as set
forth in Section 19, below) the fleet shall mean all units which are listed in Appendix "B"
attached hereto. County further agrees that Contractor's estimated budget shall be adjusted on
a prorated unit-cost basis to correspond to increases or decreases in the fleet size or the type of
equipment in each class if such changes are more than 5 percent thereof. County agrees that said
adjustments shall be made semi-annually.
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Section 19 - Cost
In consideration of this Agreement, County agrees to pay to Contractor, during the period of
January 1, 1999 to December 31, 1999, for labor, parts, supplies, and administrative and
management services fees an amount not to exceed of Seven Hundred, Forty-One thousand
Seven Hundred Sixty-Two Dollars ($741,762) as set out in the general categories set forth in the
Cost Target below:
Labor Cost $375,554
Parts and Supplies $200,773
Administrative Expense $ 46,473
Sublet Cost Target $ 50,000
SUBTOTAL $672,800
Corporate Allocation $ 33,640
Management Fee $ 35,322
Total Cost Target $741,762
Light Duty Sell Rate $35.64
Heavy Duty Sell Rate $35.64
Hourly Light Duty Sell Rate $25.94 (Non-Contract)
Hourly Heavy Duty Sell Rate $25.94 (Non-Contract)
County agrees that under this time and materials agreement that Contractor shall be reimbursed
for all of its allowable costs, less any applicable penalty deductions, and that the above-stated
Cost Target is an estimated budget of the cost of performance during the first year of this
Agreement. Should cost exceed the total Cost Target (based on total target contract amount of
$741,762), any expenses will be expressly born by Contractor. If there is a cost saving, it will be
divided 50 percent to County and 50 percent to Contractor.
Section 20 -Assignment
The duties and obligations assumed by Contractor are not transferable or assignable without
prior consent of County.
Section 21 -Notice
Any written notice to be given hereunder by either party to the other party shall be effected by
certified mail, return receipt requested. Notice to Contractor shall be sufficient if made or
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addressed to President, Baker Support Services, Inc. 4801 Spring Valley Road, Suite 125B,
Dallas, TX 75244. Notice to County shall be sufficient if made or addressed to the Board of
County Commissioners 915 Tenth Street, Greeley, Colorado 80632. Either party may change its
address for notice by giving written notice of such change in accordance with the provisions of
this section.
Section 22 - Deficiencies in Service
In the event that County determines that there are deficiencies in the service and work
. provided by Contractor, County shall notify Contractor in writing as to the precise nature of any
such deficiencies. Within ten (10) working days of receipt of such notice, Contractor shall
correct or take reasonable steps to correct the deficiencies complained of, including, if necessary,
increasing the work force, tools, and equipment or modifying the policies and procedures used
by Contractor in performing services pursuant to this Agreement. If Contractor fails to correct or
take reasonable steps to correct the deficiencies within ten (10) working days, County may
declare Contractor in default and invoke the termination provisions of this Agreement.
Section 23 - Termination
County may terminate this Agreement if Contractor becomes insolvent, allows any judgment for
the payment of money to stand against it unsatisfied, or is deficient in service as outlined in
Section 22, above. Either party may terminate this agreement for default by giving the other
party written notice thereof, specifying with particularity each default. The party in default
shall have twenty (20) days after receipt of notice to cure or take reasonable steps to cure the
default. If the party in default fails to cure or take reasonable steps to cure the default within the
20 day period, the other party may declare this Agreement terminated.
Section 24— Owner's Right To Perform Work
If the Contractor should fail to provide the services properly and diligently, or default in
performance of any provision of the Contract, the County, after written notice to the contractor,
may complete specific repairs and maintenance on the County Fleet or sublet the work. The cost
of providing these services by the County and deducted from the annual target costs.
Section 25- Transfer of Operations
In that Contractor is performing an essential service for County, in the event Contractor defaults
by failing to begin service at the time specified or discontinues a material portion of the service
provided for by this Agreement, County may, at its election and upon seven (7) working days'
prior written notice to Contractor, take possession of all equipment and facilities used by
Contractor in connection with this Agreement and operate and use the same in the performance
of the services described herein. Contractor agrees to surrender peacefully said equipment and
facilities upon receiving an itemized receipt from County for said items and to cooperate to the
extent necessary to enable the County to take over and carry out the services herein described.
All payments by County, except those for services previously rendered, or costs incurred and
reimbursable to County, pursuant to this Agreement, shall cease except that during the pendency
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of any dispute County agrees to pay a reasonable rental for use of Contractor's equipment.
Contractor agrees that in the event it disputes County's right to invoke the provision of this
section it will not seek injunctive or other similar relief, but will either negotiate an adjustment of
the matter with County or seek as its remedy monetary damages in a court of competent
jurisdiction.
Section 26 - Entire Agreement/Modffications
This written Agreement and Contractor's written PROPOSAL TO PROVIDE EQUIPMENT
MAINTENANCE SERVICES constitute the entire understanding between the parties hereto.
Modifications to the Agreement which are consistent with the purposes of the Agreement may be
made in writing duly executed by the parties and in accordance with County rules and
regulations and other applicable laws and ordinances.
Section 27- Waiver of Immunities/Third Party Liability
No portion of this Agreement shall be deemed to constitute a waiver of any immunities County
or its offices or employees may possess nor shall any portion of this Agreement be deemed to
have created a duty of care with respect to any person other than County and not a party to this
Agreement.
Section 28 - Non-Appropriation
No portion of this Agreement shall be deemed to create an obligation on the part of County to
expend funds not otherwise appropriated in each succeeding year.
Section 29 - Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any
reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
Section 30 - Scope of Agreement
This is a fully integrated Agreement. If issues arise of which this Agreement fails to specifically
address, the parties agree to mutually resolve said issues in accordance with their originally
submitted proposal and requests for proposal through further discussion and negotiation.
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IN WITNESS WHEREOF, County has signed and sealed this Agreement and Contractor has
caused this Agreement to be executed on its behalf by its duly authorized representative on the
day and year first above written.
BAKER SUPPORT SERVICES, INC.
By: —� = _
Daniel W. McDonald, President
SUSCRIBED TO AND SWORN before me on this the 6th day of January, 1999.
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORAD e
ATTEST: ' , -
► ► ''� , , ,;, _
se , . , 4 01/13/99
CLERK TO THE BOARD OF St DATE
COUNTY COMMISSIONERS
01/13/99
Dale K. Hall
CHAIRMAN, BOARD F DATE
COUNTY COMMISSIONERS
[BSSI/Weld County 1/6/99 —Execution Copy] 12
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Appendix A
Fleet Units to Be Maintained
(Incomplete— see Fixed Asset Report-Fleet Chart W— 7/31/98 in RFP)
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Rental Units to be Maintained by Contractor
Asset Asset Manufacturer Model Date
Number Description Acquired
1582009R Grader Caterpillar 140G 05/16/96
1582010R Grader Caterpillar 140H 09/19/96
1582011R Grader Caterpillar 140H 09/19/96
1582012R Grader Caterpillar 140H 09/19/96
1582013R Grader Caterpillar 140H 09/19/96
1582014R Grader Caterpillar 140H 09/19/96
1582015R Grader Caterpillar 140H 09/19/96
1582016R Grader Caterpillar 140H 09/19/96
1582017R Grader Caterpillar 140H 12/17/96
1582018R Grader Caterpillar 140H 12/17/96
1582019R Grader Caterpillar 140H 12/17/96
[BSSI/Weld County 1/6/99 —Execution Copy] 14
99007Y
Appendix B
Performance Measures
[BSSUWeId County 1/6/99—Execution Copy] 15
WOO78
Appendix B —Performance Measures
The contractor agrees to take a monthly deduction of the profit associated with this contract if the
following performance measures are not met. Deductions for each category are designated based
on a percentage of the overall profit. Unearned profit will be allocated to the next month.
Performance Percent of Fee at Standard
Measure Risk
Vehicle-in 15% Vehicle availability rate based on
Commission Rate class/use of vehicles:
• Passenger type vehicle: 95%vehicle
availability
• Heavy on-road vehicles: 93%
• Specialized vehicles and equipment:
97%
• Construction Equipment: 93%
• Priority (emergency) Vehicles: 97%
Rates above exclude accident and abuse
cases.
Provide "Quick Fix" 10% 97%of all quick fix repairs started within
Repairs in One Hour 15 minutes of arriving at shop
Provide Road Service 10% 98%of all duty hour calls responded to
and Towing Service in 45 minutes , non-duty hours, 75
minutes.
Comeback Rate 10% 3%or less vehicles returned for re-repair
within warranty timeframe
PM Compliance Rate 25% 98%of all PM actions are accomplished
within service window(vehicles
requested but not brought to shop
excluded)
Time per Repair 20% 95%of all repairs are completed within
72 hours of vehicle arriving at shop.
Report Preparation 10% 98%of all reports submitted as required
in the RFP
100%
TOTAL
[BSSI/Weld County 1/6/99 —Execution Copy] 16
(19007r
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