HomeMy WebLinkAbout20250442.tiffResolution
Approve Master Lease Agreement Order Form and Mandatory Contract Provisions
for Use of One (1) Modular Building During Weld County Regional Communication
Center (WCRCC) Renovation Project, and Authorize Chair to Sign — Williams
Scotsman, Inc., dba Willscot Mobile Mini
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 Master Lease Agreement Order Form
and Mandatory Contract Provisions for the Use of One (1) Modular Building during the
Weld County Regional Communication Center (WCRCC) Renovation Project between
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Facilities Department, and
Williams Scotsman, Inc., dba Willscot Mobile Mini, commencing upon full execution of
signatures, with further terms and conditions being as stated in said order form and
agreement, and
Whereas, after review, the Board deems it advisable to approve said order form and
agreement, copies of which are attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Master Lease Agreement Order Form and Mandatory Contract
Provisions for the Use of One (1) Modular Building during the Weld County Regional
Communication Center (WCRCC) Renovation Project between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Facilities Department, and Williams Scotsman, Inc., dba Willscot Mobile
Mini, be, and hereby are, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said order form and agreement.
cc:86(Po/cN)
0,2/20/2S
2025-0442
BG0027
Master Lease Agreement Order Form and Mandatory Contract Provisions for Use of
One (1) Modular Building During Weld County Regional Communication Center
(WCRCC) Renovation Project
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 12th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0442
BG0027
Con'vaCk- D‘ii 900(0
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 351" Ave tower modular building lease for the communications center.
DEPARTMENT: Facilities. DATE: January 7, 2025
PERSON REQUESTING: Patrick O'Neill
Brief description of the problem/issue:
During the renovation of the communications center some of the operations will be displaced. We will need to
provide modular building space at the backup site on 351H Ave to accommodate these operations.
What options exist for the Board?
1. Approve and sign the lease for the modular buildings.
2. Deny the lease agreement.
Consequences:
Impacts:
Without these modular buildings the communications center will not be able to operate.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
$30,146.00 for 6 months.
Recommendation:
Facilities recommends placing this resolution on an upcoming BOCC agenda for approval and signatures on
the lease agreement.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
2025-0442
Z/1 Z_.
Bc 0021
January 7, 2025
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Patrick O'Neill
Subject: Temporary Communications Center Modular Building Lease
Currently the Communications Center at 1551 N. 17T" Ave is being renovated. During the construction
process, portions of the communications center will not be useable for periods of time. Because of this
we will need to install a temporary building at the backup tower site on 35T" Ave. to house some of the
operations that will be displaced. Facilities received bids from three vendors and WILLSCOTT has
provided us with the lowest bid in the amount of $30,146.00 for a 6 -month lease term.
Therefore, the Facilities Department is recommending the award to WILLSCOTT in the amount of
$30,146.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Patrick O'Neill
Facilities Director
WILLSCOT
LLSCOT
Your Sales Representative
Michael Ouerfelli
(303)882-2402
michaeLouerfelli@willscot.com
Agreement Number: Q-1951748
Revision: 2
Date: 1/6/2025
Expiration Date: 2/5/2025
Master Lease Agreement and Order
Lessee:
Weld County
3115 35th Avenue
Greeley, CO 80634
Contact:
William Hopkins
3115 35th Avenue
Greeley, CO 80634, US
Phone: (970) 590-2979
Email: whopkins@weld.gov
Ship To Address:
3115 35th Ave
GREELEY, CO 80634, US
Estimated Delivery Date :3/3/2025
Rental Pricing Per Billing Cycle
Quantity
Price Extended
64x24 Modular (60x24 Box)
Personal Property Expense
Prof. Entrance - Steps w/ Canopy
Window/Door Security Bundle - 409 & Greater
Data Hub - Rental
Minimum Lease Billing Period: 6
Biting Cycle : 28 days
1 $ 2,000.00 $ 2,000.00
1 $ 100.00 $ 100.00
2 $ 95.00 $ 190.00
2 $ 90.00 $ 180.00
2 $ 90.00 $ 180.00
Total Recurring Building Charges:
Subtotal of Other Recurring Charges:
$ 2,000.00
$ 650.00
Total Recurring Charges Per Billing Cycle: $ 2,650.00
Total Recurring Charges Per Billing Cycle Including Estimated Taxes: $ 2,835.77
Estimated Delivery And Installation
Fuel Surcharge Return
Return - 12' wide
Essentials Delivery Charge
Standard Complex Setup and Anchor
Standard Complex Knockdown
Fuel Surcharge Delivery
Delivery - 12' wide
2 $ 132.25 $ 264.50
2 $ 575.00 $ 1,150.00
1 $ 918.00 $ 918.00
1 $ 6,363.00 $ 6,363.00
1 $ 4,136.00 $ 4,136.00
2 $ 132.25 $ 264.50
2 $ 575.00 $ 1,150.00
Total Delivery and Installation Charges: $ 14,246.00
Total Delivery and Installation Charges Including Estimated Taxes: $ 15,244.64
Estimated Final Return Charges*
Due On Final Invoice*: $ 0.00
Due On Final Invoice Including Estimated Taxes*: $ 0.00
Total Including Recurring Biting Charges, Delivery, Installation and Retum**: $ 30,146.00
Total Including Recurring Biting Charges, Delivery, Installation and Return Including Estimated Taxes**: $ 32,259.26
Summary of Charges
Model: 64x24 Modular (60x24 Box)
I Quantity: 1 I Total Charges for (1) Building(s): $ 30,146.00
Total Charges for (1) Building(s) Including Estimated Tax: $ 32,259.26
Additional Services: For your convenience, we also recommend the following items (not included in this Agreement)
BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE INITIALED
RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED AMOUNT(S) IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT.
Initial Recommended Items
( ] Standard Complex Skirting Removal
[ ] Standard Complex Vinyl Skirting
[ ] State Approved Building Plans
[ ] Foundation / Tiedown Plans
Billing Frequency Qty Price Extended
Initial 1.00 $ 1,974.00 $ 1,974.00
Initial 1.00 $ 3,290.00 $ 3,290.00
Initial 1.00 $ 2,500.00 $ 2,500.00
Initial 1.00 $ 600.00 $ 600.00
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005
1-800-782-1500
Page 1 of 3
WILLSCOT
TM
Your Sales Representative
Michael Ouerfelli
(303)882-2402
michael.cuerfelli@willscot.com
Agreement Number: Q-1951748
Revision: 2
Date: 1/6/2025
Expiration Date: 2/5/2025
Master Lease Terms & Conditions
1. This Master Lease Agreement shall apply to any Order between Wiliam Scotsman, Inc. and/or any affiliate ("Lessor") and Weld County ("Lessee")
for any Equipment as defined below ("Agreement.). This Agreement and any Order governs Lessee's use of Lessor's Equipment. By (1) signing this
Agreement, (2) executing an Order that references this Agreement, (3) taking delivery of the Equipment, or (4) other commercially acceptable methods
of acceptance, Lessee agrees to the terms of this Agreement.
2. Definitions
a. "Delivery Date" shall be defined as the date the Equipment was physically delivered. Within 48 hours of delivery, Lessee shall inspect the
Equipment and notify Lessor in writing of any defects. Lessee must contact Lessor to relocate any Equipment and obtain Lessor's written consent prior
to doing so. Lessee shall pay Lessor's relocation rates if the Equipment is moved without Lessor's written consent. Lessee acknowledges that delivery of
Equipment may be in pads and not all at once.
b. "Equipment" means products leased from Lessor, which include Storage Containers, Refrigerated Storage Containers, Ground Level Offices
("GLO"), Modular Equipment, FLEX offices, Blast Resistant products, ancillary products and essentials, Additional Rental Equipment, and any additional
products or services available for Lease from Lessor at the time of an Order. Any Lease for Equipment such as an Over the Road Trailer, Temporary
Structure or other Equipment may be subject to an Addendum or Equipment specific terms and conditions. Lessee agrees Equipment shall not be used
for residential occupancy.
c. "Lease" is defined as any Order for the Lease of Equipment by Lessee from Lessor.
d. "Lessee" means in the case of an individual accepting this Agreemert on his or her own behalf, such individual, or in the case of an individual
accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this
Agreement, and affiliates of that company or entity (for so long as they remain affiliates), which have entered into an Order.
e. "Order" means a YVIltScot document or online Order forming an individual Lease, specifying the Equipment to be provided hereunder that is
entered into between Lessee and Lessor or any of their affiliates, inducing any addenda and supplements thereto. By entering into an Order hereunder,
the Lessee or it's affiliate agree to be bound by the terms of this Agreement as if it were an original party hereto.
3. Lessee is responsible for all site conditions, use permits, and applicable Fees, and maintains sole responsibility for site selection, which shall be a
flat, firm and open space, and prepared prior to Equipment Delivery as set forth in the Site Suitability Addendum, incorporated herein by reference.
4. If delivery of the Equipment is delayed through no fault of Lessor fora period of more than thirty (30) days from the confirmation date set forth in the
Order, Lessee shall pay Lessor a storage fee equal to 50% of the Total Lease Charges for each thirty (30) day period of delay, or portion thereof, until
the Equipment is delivered, in addition to any other Lease payments, charges and Fees due. Any such storage fees shall not affect commencement of
the Minimum Lease Term.
5. Lessee is responsible to inspect and maintain the Equipment in good condition. Lessee shall use the Equipment in accordance with and be
responsible for all maintenance as set forth in the Williams Scotsman Service Guide and/or any instructions contained in or on the Equipment.
6. Lessee shall maintain commercially reasonable insurance limits covering the Equipment's replacement cost. Lessee may obtain insurance for
their contents at their discretion or can elect to participate in an optional third -party Contents Insurance Program provided through Lessor fora fee.
Optional coverage programs offered to Lessee include General Liability, Loss Damage Waiver and Content Insurance. Details can be found at https://
www.willscot.com/the-essentials/insurance-and-waivers-package.
7. Lessee shall provide no less than 15 days prior notice to schedule a pick-up date, and no less than thirty (30) days prior notice for any multi -floor
Modular Equipment. Lessor shall not prorate any fraction of a Billing Cycle. Upon return, Lessee agrees to pay for all reasonable charges for cleaning,
repair, and any damage beyond ordinary wear and tear. Lessee may have the option to pick-up and/or retum certain Equipment, which shall be subject
to signing an appropriate addendum.
8. LESSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND LESSEE AGREES THAT IT HAS SOLELY DETERMINED THAT THE
EQUIPMENT ARE SUITABLE FOR LESSEES INTENDED USE. LESSEE LEASES THE EQUIPMENT "AS IS, WITH ALL FAULTS."
9. Each Party agrees to defend, indemnify, and hold the other harmless for any third -party claim arising from the alleged conduct of the other Party
under this Agreement. Neither Party shall be liable to the other Party for any special, punitive, exemplary, indirect or consequential damages, losses or
damages for lost revenues or profits whether foreseeable or not, arising out of, or in connection with this Agreement.
10. This Agreement shall supersede and replace all prior documents and agreements between the Parties.
11. Lessee shall be solely liable for any and all applicable sales and use, lease or rental, excise, gross receipts, transaction privilege, value-added,
goods and services, or similar transactional tax, levy duty or assessment imposed by a taxing authority ("Taxes"). Lessee shall pay or shall reimburse
Lessor for any Taxes related to the Equipment.
12. Lessee's failure to make timely payments, filing of bankruptcy, abandonment of the Equipment or other failure to comply with this Agreement is
a default, allowing Lessor to immediately terminate this Agreement, at which time Lessor has the right to pick-up and remove the Equipment upon
reasonable notice or as required by law.
13. Lessee shall be solely liable for any and all applicable pass -through charges for costs associated with the Equipment including, but not limited
to, ad valorem, real property, and ownership tax/personal property taxes, licensing and titling Fees, and any other expenses and/or third -party Fees
associated with the Equipment ("Fees").
14. Except as otherwise stated herein, Lessor may amend the terms and conditions of this Agreement and such amended terms shall be effective thirty
(30) days after notice is provided to Lessee. If Lessee does not object in writing to such amended terms before their effective date, such terms shall be
deemed accepted. Lessee may not amend or assign this Agreement unless agreed to in writing by Lessor. Lessee may not sublet Equipment subject to
this Agreement unless agreed to in writing by Lessor.
15. Lessee acknowledges this is a True Lease, and that ownership and title of any Equipment remains with Lessor, and Lessee has no right to
ownership or to transfer or sell the Equipment.
16. In the event of any dispute over this Agreement, the Parties agree Sc naive a trial by jury and that venue shall be in the County or Parish where the
Equipment was originally delivered.
17. To the extent permitted by applicable law, Lessee irrevocably and unconditionally authorizes Lessor to charge all amounts due under this
Agreement to any credit cans provided by Lessee.
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005
1-800-782-1500
Page 2 of 3
WILLSCOT
Your Sales Representative
Michael Ouerfelli
(303)882-2402
michael.ouerfelli@willscot.com
Agreement Number: Q-1951748
Revision: 2
Date: 1/6/2025
Expiration Date: 2/5/2025
Billing & Payment Terms
1. Lessor reserves the right to request Payment in advance of the Delivery Date, and Lessee may be required to make payment in advance to secure
its performance of this Lease. Advance payments may include initial, final and/or recurring charges and will be applied to applicable invoices. Lessor
reserves the right to charge an administrative fee for special billing requests.
2. Invoices will be generated on a 28 Day Billing Cycle, in advance, with payment due no later than Due immediately after invoice issuance.
3. AMOUNTS UNPAID WHEN DUE SHALL BE CHARGED INTEREST OF UP TO 1 A% PER BILLING CYCLE OF THE UNPAID AMOUNT FOR THE
PERIOD UNPAID , AND AN ADMINISTRATIVE CHARGE PER BILLING CYCLE THE INVOICE REMAINS UNPAID.
4. Initial Invoice Charges may include first and last Billing Cycle changes, delivery and installation charges, estimated charges for pick-up, teardown and
Equipment removal, as well as any fuel surcharges. Final charges for pick-up, teardown and Equipment removal will be finalized at the time of pick-up
based on existing site conditions. Upon the expiration of the Minimum Lease Term, the Lessor may make changes to the Lease rate, pick-up, teardown,
removal, fuel surcharges and/or other charges.
5. The Initial Invoice will be issued on the earlier of the confirmation date or Delivery Date. In the event Lessee requests a delay to the delivery, as
agreed to in the Confirmation, the Initial Invoice will be issued solely for the Equipment lease charges and a Storage Fee equal to 50% of the Lease,
and all remaining Initial Invoice Charges will be invoiced on the Delivery Date. Lessee agrees that upon Termination prior to the Minimum Lease Term,
Lessee shall pay the remaining payments for the unfulfilled Minimum Lease Term, and any applicable charges related to the Equipment, plus all return
charges.
Optional Insurance and Optional Coverage
General Liability Insurance
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Customer elects to participate in the General Liability
Insurance Program, whereby Lessee will receive insurance coverage through American Southern Insurance Company ("Insurer") and administered by
Allen Insurance Group ("Agent"). The Lessee acknowledges and agrees that the policy issued by the Insurer is a third party liability policy that covers
those amounts, subject to policy exclusions, that Lessee is legally obligated to pay due to bodily injury and property damage arising from the use and
occupancy of Equipment leased from Lessor up to the policy limits. Coverage is subject to underwriting and specific terms and conditions and exclusions
set forth in the policy. An outline of coverage is available upon request.
Loss Damage
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Lessee elects to participate in the Loss Damage Waiver
Program. Lessee understands and agrees that under this program and subject to any exclusions, the Lessor waives, fora fee, Lessee's obligation to
carry Commercial Property Insurance and Lessee's liability for repair or replacement of the Equipment leased from Lessor resulting in loss or damage.
Please refer to the LOSS DAMAGE WAIVER PROGRAM ADDENDUM for specific details on coverage, exclusions and restrictions on coverage. The
Loss Damage Waiver is not and shall not constitute a contract for insurance.
Contents Insurance
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Lessee elects to participate in the Contents Insurance
Coverage Program, whereby Lessee will receive insurance coverage through Airpark Insurance ("Insurer") and administered by Falvey Insurance
Group, Ltd. ("Falvey")) as Managing General Agent of those Interested Underwriters at Lloyd's, London ("Agent"). The Lessee acknowledges and
agrees that the policy issued by the Insurer is a third party property policy that, subject to policy exclusions, provides comprehensive contents coverage
and adds an additional layer of protection for the stored contents up to the selected limit of coverage. Coverage is subject to underwriting and specific
terms and conditions and exclusions set forth in the policy. An outline of coverage is available upon request.
Acceptance and Authority
Lessee represents and warrants they have the authority to agree to the terms and conditions stated in this Agreement by (1) signing this document, (2)
executing an Order that references this Agreement, (3) taking delivery of the Equipment, or (4) other commercially acceptable means methods and, by
doing so, this Agreement shall become legally binding. Lessor will consider the Order rejected if changes have been made to the Order by Lessee.
Lessee: Weld County
Sign
va,", A
Date:
FEB 1 2 2325
Print Name: Jhrry L. Buck Title: Chair, Board of Weld County Commissioners
PO#:
Attest: J .3. ;7
Clerk to the Board
By: nay
Deputy Clerk to the Board
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005
1-800-782-1500
Page 3 of 3
WELD COUNTY MANDATORY CONTRACT PROVISIONS
Rental of: Office Trailer
By lattiel execution of this Agreement, thist day offttvuavtA, 2025, between the Board of
g -
County Commissioners, by and on behalf of Weld County, Colorado, ereinafter "Weld County"), and
Willscot, (hereinafter "Rental Company"), the parties agree that the following Mandatory Provisions constitute
an integral part of the Rental Agreement executed simultaneously herewith.
1. Effect of Mandatory Provisions -Priority of Interpretation: These Mandatory Provisions govern the
relationship between Weld County and Rental Company. Any provision of the Rental Agreement rendered null and void by
the operation of any of these Mandatory Provisions shall not invalidate the remainder of the Rental Agreement and the
Rental Agreement together with these Mandatory Provisions shall remain in full force and effect to the extent it remains
capable of execution. Should conflict in any provisions of the Mandatory Provisions and the Rental Agreement and any
exhibits thereto be identified, the priority of interpretation of the Agreement shall be as follows: 1). The Mandatory
Provision; 2) The terms and provisions of the Rental Agreement; and 3) Any Exhibits.
2. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available. By execution of the Rental Agreement,
Weld County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year.
3. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado
Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4. Independent Contractor: Rental Company shall perform its duties hereunder as an independent contractor and
not as an employee. Rental Company shall be solely responsible for its acts and those of its agents and employees for all
acts performed pursuant to this Agreement. Neither Rental Company nor any agent or employee of Rental Company shall
be deemed to be an agent or employee of Weld County. Rental Company and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or
otherwise provide such coverage for Rental Company or any of its agents or employees. Rental Company shall not have
authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set
forth in this Agreement.
5. Compliance with Law: Rental Company shall strictly comply with all applicable federal, state code at the time of
manufacture, ! ! ! ! ! ! ! ! including without limitation, laws
applicable to discrimination and unfair employment practices.
6. Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the Rental Agreement. Any provision included or incorporated
therein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal
dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve any dispute.
7. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or
person. Any provision to the contrary in the Rental Agreement or incorporated herein by reference shall be null and void.
8. No Liability for Damage/Defect not Caused by Weld County: Notwithstanding any provisions to the contrary,
Weld County shall only be liable for damages or defects in the equipment or vehicle arising during the terms of the Rental
Agreement which arise solely on account of Weld County's negligent use of the equipment or vehicle. Rental Company
shall indemnify, defend, and hold harmless Weld County against all damages and claims arising from defects of the vehicle
or equipment.
9. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and §24-50-507: The signatories
to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest
whatsoever in the service or property which is the subject matter of the Rental Agreement. Rental Company affirms that it
has no interest and shall not acquire any interest direct or indirect that would in any manner or degree with the performance
of Rental Company's services and Rental Company shall not employ any person having such known interests.
Rental Agreement Mandatory Provisions Page I
(January 07, 2025)
10. Taxes and Fees: Weld County is a governmental non-profit entity. Rental Company shall be solely responsible
for the payment of all taxes, governmental assessments and/or registration fees imposed by other governmental entities;
Weld County shall not be responsible for the payment of said taxes, assessments, or registration fees.
11. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the
terms and conditions of the Rental Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in the Rental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in the Rental Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits under the Rental Agreement shall be an
incidental beneficiary only.
12. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and Rental Company, concerning
this Agreement, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees
and/or legal costs incurred by or on behalf of Rental Company.
13. Warranty: Rental Company shall warrant that the vehicle or equipment is merchantable, of good quality, and
free from defects.
14. Non -Assignment: Rental Company may not sell, assign, or transfer this agreement or any interest therein or
claim thereunder without the prior written consent of the County.
15. Non -Exclusive Agreement: This Agreement is nonexclusive, and County may engage or use other Rental
Companies or persons of the same or similar nature.
16. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its
reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental
actions. The parties hereby agree that the provisions contained herein shall be a part of the Rental Agreement to which they
are appended and shall be given full force and effect.
18. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written
notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of
the Agreement. Lessee's termination for convenience shall be subject to early termination fees as provided in WS Lease.
Should the County wish to extend the lease past the initial term. provided the County provides 30 days' notice, the lease rate
will remain at the same rate.
ACCEPTED SUBJECT TO THE WILLIAMS SCOTSMAN, INC.
LEASE AGREEMENT TERMS AND CONDITIONS WHICH SHALL
TAKE PRECEDENCE IN THE EVENT OF CONFLICT.
WILLIAMS SCOTSMAN, INC. BOARD OF COUNTY COMMISSIONERS,
WE I COUNTY, COLORADO
Rental Company
By: %craft
Appal,
Name: Joseph Leppert
Title:
Legal Contracts Specialist
1/21/25
Perry L. Bud(, Chair
c
71
Attest:
Weld County Clerk to the Board
By:
Depu " lerk o the Board
Date
FEB 1 2 2025
Rental Agreement Mandatory Provisions
(January 07, 2025)
Page 2
Master Lease Terms & Conditions (Rev. 1/16/2024)
1 This Master Lease Agreement shall apply to any Order between Williams Scotsman, Inc. and/or any affiliate ("Lessor") and [LESSEE NAME] ("Lessee") for
any Equipment as defined below ("Agreement"). This Agreement and any Order governs Lessee's use of Lessor's Equipment. By (1) signing this
Agreement, (2) executing an Order that references this Agreement, (3) taking delivery of the Equipment, or (4) other commercially acceptable methods of
acceptance, Lessee agrees to the terms of this Agreement.
2. Definitions
a. "Delivery Date" shall be defined as the date the Equipment was physically delivered. Within 48 hours of delivery, Lessee shall inspect the
Equipment and notify Lessor in writing of any defects. Lessee must contact Lessor to relocate any Equipment and obtain Lessor's written consent
prior to doing so. Lessee shall pay Lessor's relocation rates if the Equipment is moved without Lessor's written consent. Lessee acknowledges
that delivery of Equipment may be in parts and not all at once.
b. "Equipment" means products leased from Lessor, which include Storage Containers, Refrigerated Storage Containers, Ground Level Offices
("GLO"), Modular Equipment, FLEX offices, Blast Resistant products, ancillary products and essentials, Additional Rental Equipment, and any
additional products or services available for Lease from Lessor at the time of an Order. Any Lease for Equipment such as an Over the Road
Trailer, Temporary Structure or other Equipment may be subject to an Addendum or Equipment specific terms and conditions. Lessee agrees
Equipment shall not be used for residential occupancy.
c. "Lease" is defined as any Order for the Lease of Equipment by Lessee from Lessor.
d "Lessee" means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual
accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting
this Agreement, and affiliates of that company or entity (for so long as they remain affiliates). which have entered into an Order.
e. "Order" means a WillScot document or online Order forming an individual Lease, specifying the Equipment to be provided hereunder that is
entered into between Lessee and Lessor or any of their affiliates, including any addenda and supplements thereto. By entering into an Order
hereunder, the Lessee or it's affiliate agree to be bound by the terms of this Agreement as if it were an original party hereto.
3. Lessee is responsible for all site conditions. use permits, and applicable Fees, and maintains sole responsibility for site selection, which shall be a flat, firm
and open space, and prepared prior to Equipment Delivery as set forth in the Site Suitability Addendum, incorporated herein by reference.
4. If delivery of the Equipment is delayed through no fault of Lessor for a period of more than thirty (30) days from the confirmation date set forth in the
Order, Lessee shall pay Lessor a storage fee equal to 50% of the Total Lease Charges for each thirty (30) day period of delay, or portion thereof, until the
Equipment is delivered. in addition to any other Lease payments, charges and Fees due. Any such storage fees shall not affect commencement of *he
Minimum Lease Term.
5. Lessee is responsible to inspect and maintain the Equipment in good condition. Lessee shall use the Equipment in accordance with and be responsible for
all maintenance as set forth in the Williams Scotsman Service Guide and/or any instructions contained in or on the Equipment.
6. Lessee shall maintain commercially reasonable insurance limits covering the Equipment's replacement cost. Lessee may obtain insurance for their contents
at their discretion or can elect to participate in an optional third -party Contents Insurance Program provided through Lessor for a fee. Optional coverage
programs offered to Lessee include General Liability, Loss Damage Waiver and Content Insurance. Details can be found at https://www.willscot.com/the-
essentials/ insurance -and -waivers -package.
7. Lessee shall provide no less than 15 days' prior notice to schedule a pick-up date. and no less than thirty (30) days' prior notice for any multi -floor Modular
Equipment. Lessor shall not prorate any fraction of a Billing Cycle. Upon return, Lessee agrees to pay for all reasonable charges for cleaning, repair, and
any damage beyond ordinary wear and tear. Lessee may have the option to pick-up and/or return certain Equipment, which shall be subject to signing an
appropriate addendum.
8. LESSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRAN-Y OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND LESSEE AGREES THAT IT HAS SOLELY DETERMINED THAT THE
EQUIPMENT ARE SUITABLE FOR LESSEE'S INTENDED USE. LESSEE LEASES THE EQUIPMENT "AS IS, WITH ALL FAULTS."
9. Each Party agrees to defend, indemnify, and hold the other harmless to the extent permitted under Colorado law. for any third -party claim arising from the
alleged conduct of the other Party under this Agreement. Neither Party shall be liable to the other Party for any special, punitive, exemplary, indirect or
consequential damages, losses or damages for lost revenues or profits whether foreseeable or not, arising out of, or in connection with this Agreement.
10. This Agreement shall supersede and replace all prior documents and agreements between the Parties.
11. Lessee shall be solely liable for any and all applicable sales and use. lease or rental, excise, gross receipts, transaction privilege, value-added, gocds and
services, or similar transactional tax, levy duty or assessment imposed by a taxing authority ("Taxes"). Lessee shall pay or shall reimburse Lessor for any
Taxes related to the Equipment.
12. Lessee's failure to make timely payments, filing of bankruptcy, abandonment of the Equipment or other failure to comply with this Agreement is a default,
allowing Lessor to immediately terminate this Agreement. at which time Lessor has the right to pick-up and remove the Equipment upon reasonable notice
or as required by law.
13. Lessee shall be solely liable for any and all applicable pass -through charges for costs associated with the Equipment including. but not limitec to. ad
valorem, real property, and ownership tax/personal property taxes, licensing and titling Fees. and any other expenses and/or third -party Fees associated
with the Equipment ("Fees").
14. Except as otherwise stated herein, Lessor may amend the terms and conditions of this Agreement and such amended terms shall be effective thirty (30)
days after notice is provided to Lessee. If Lessee does not object in writing to such amended terms before their effective date, such terms shall be ceemed
accepted. Lessee may not amend or assign this Agreement unless agreed to in writing by Lessor. Lessee may not sublet Equipment subject to this
Agreement unless agreed to in writing by Lessor.
15. Lessee acknowledges this is a True Lease, and that ownership and title of any Equipment remains with Lessor, and Lessee has no right to ownership or
to transfer or sell the Equipment.
16. In the event of any dispute over this Agreement, the Parties agree to waive a trial by jury and that venue shall be in the County or Parish where the
Equipment was originally delivered.
17. To the extent permitted by applicable law, Lessee irrevocably and unconditionally authorizes Lessor to charge all amounts due under this Agreement to any
credit card provided by Lessee.
Page 1 of 2
Billing & Payment Terms
1. Lessor reserves the right to request Payment in advance of the Delivery Date, and Lessee may be required to make payment in advance 'o secure its
performance of this Lease. Advance payments may include initial, final and/or recurring charges and will be applied to applicable invoices Lessor
reserves the right to charge an administrative fee for special billing requests.
2. Invoices will be generated on a 28 day Billing Cycle, in advance, with payment due no later than 10 days after invoice issuance.
3. AMOUNTS UNPAID WHEN DUE SHALL BE CHARGED INTEREST OF UP TO 1'A% PER BILLING CYCLE OF THE UNPAID AMOUNT F=OR THE
PERIOD UNPAID, AND AN ADMINISTRATIVE CHARGE PER BILLING CYCLE THE INVOICE REMAINS UNPAID.
4. Initial Invoice Charges may include first and last Billing Cycle charges, delivery and installation charges, estimated charges for pick-up, teardown and
Equipment removal, as well as any fuel surcharges. Final charges for pick-up, teardown and Equipment removal will be finalized at the time of pick-up
based on existing site conditions. Upon the expiration of the Minimum Lease Term, the Lessor may make changes to the Lease rate, pick-up, teardown,
removal, fuel surcharges and/or other charges.
5. The Initial Invoice will be issued on the earlier of the confirmation date or Delivery Date. In the event Lessee requests a delay to the delivery, as agreed to
in the Confirmation, the Initial Invoice will be issued solely for the Equipment lease charges and a Storage Fee equal to 50% of the Lease, and all
remaining Initial Invoice Charges will be invoiced on the Delivery Date. Lessee agrees that upon Termination prior to the Minimum Lease Term, Lessee
shall pay the remaining payments for the unfulfilled Minimum Lease Term, and any applicable charges related to the Equipment, plus all return charges.
Page 2 of 2
Low r a c ,
Entity Information
Entity Name* Entity ID*
WILLSCOT MOBILE MINI @00049433
Contract Name* Contract ID
COMMUNICATIONS CENTER MODULAR BUILDING 9006
LEASE AGREEMENT
Contract Status
CTB REVIEW
Contract Lead *
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
LEASE TWO MODULAR BUILDINGS TO BE USED DURING THE RENOVATION OF THE MAIN COMMUNICATIONS CALL
CENTER.
Contract Description 2
Contract Type *
LEASE
Amount*
$30,146.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND
GROUNDS
Department Email
CM-
BuildingGrounds@weld.go
Department Head Email
CM-BuildingGrounds-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda Due Date
Date* 01 /11/2025
01/15/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
07/21/2025
Committed Delivery Date
Renewal Date
Expiration Date*
08/29/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/06/2025 02/07/2025 02/07/2025
Final Approval
BOCC Approved Tyler Ref #
AG 021225
BOCC Signed Date Originator
CNAIBAUER
BOCC Agenda Date
02/12/2025
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