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HomeMy WebLinkAbout20231535.tiffRESOLUTION RE: APPROVE QUOTE AND RENTAL AGREEMENT TERMS AND CONDITIONS FOR PIG BARN EVAPORATIVE COOLERS FOR 2023 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - RESOLUTE INDUSTRIAL, LLC, DBA MOBILE AIR AND POWER RENTAL 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 Quote and Rental Agreement Terms and Conditions for Pig Barn Evaporative Coolers for the 2023 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension Service of Weld County/Fair Board, and Resolute Industrial, LLC, dba Mobile Air and Power Rental, commencing July 26, 2023, and ending August 1, 2023, with further terms and conditions being as stated in said quote and agreement, and WHEREAS, after review, the Board deems it advisable to approve said quote 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 Quote and Rental Agreement Terms and Conditions for Pig Barn Evaporative Coolers for the 2023 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension Service of Weld County/Fair Board, and Resolute Industrial, LLC, dba Mobile Air ' and Power Rental, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said quote and agreement. cc :Ex (H5 /ca) 06/14/23 2023-1535 EX0031 QUOTE AND RENTAL AGREEMENT TERMS AND CONDITIONS FOR PIG BARN EVAPORATIVE COOLERS FOR 2023 WELD COUNTY FAIR - RESOLUTE INDUSTRIAL, LLC, DBA MOBILE AIR AND POWER RENTAL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifuiv�', •� Weld County Clerk to the Board BY: AP ounty orney Date of signature: 06/13/26 Mi Lori Saine 2023-1535 EX0031 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Mobile Air and Power Rentals DEPARTMENT: Fair DATE: 5/16/2023 PERSON REQUESTING: Hannah Swanbom Brief description of the problem/issue: Please review contract for porter coolers for pig barn. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve for Fair. Recommendation: Approve. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Aoorove Recommendation /A, Schedule Work Session Other/Comments: 2023-1535 (Qi5 exoo3k Quote date: 3/20/2023 Valid for 30 days 001-00-7958649 Weld County - Evap coolers 42" ( Proposal: Project: Contact Jenette Masarie (970) 590-2099 jmasarie@weldgov.com To: CSU/WELD COUNTY EXTENSION 525 NORTH 15th AVENUE GREENLEY, CO 80631 USA Dear Jenette Masarie. 0 MOBILE Air & Power Rentals a division of Resolute Industrial QUOTE ONLY Delivery: CSU/WELD COUNTY EXTENSION Weld County Fairgrounds 525 NORTH 15th AVENUE GREENLEY, CO 80631 USA Thank you for the opportunity to present Mobile Air & Power Rental as your partner for temporary climate control and power. Below for your consideration you will find our proposal for equipment and services. Thank you for the opportunity to earn your business! Period Pricing Rental Start Date: 07/26/2023 Rental End Date: 08/01/2023 Equipment Description Rental Term # Periods Quantity Unit Price Extended EVAP COOLER -PRO KOOL 42 Weekly 1 4 $ 350.00 $ 1,400.00 1 HP EVAPORATIVE COOLER Weekly 1 2 $ 300.00 $ 600.00 Sub -Total: One -Time Pricing Rental Term # Periods Quantity Unit Price $ 2,000.00 Extended Service LABOR Cleaning Labor (estimated) Service MILEAGE $5.25 per loaded mile One Time One Time 1 3 1 160 $125.00 $5.25 $375.00 $840.00 comments: 1 week rental POC Jenette 970-590-2099 Generated: 3/20/2023 Confidential Page 1 of 6 ATTES Wel BY. By signing below, I agree to pay the amount indicated to Mobile Air in exchange for the products listed on this agreement. By signing this agreement, you also accept Mobile Air's terms and conditions (Available upon request). By signing this agreement, I agree to make all payments on time. I understand that each payment is due within 30 days of the invoice date. (Y/N) I accept MARPP damage waiver. Damage waiver will automatically be added if COI is not provided in a timely manner. Sub -Total: Delivery/Freight: MA-RPP: (Period Charge) Environmental Fee: (Period Charge) Estimated Tax: $3,215.00 $0.00 $280.00 $60.00 $249.21 Grand Total: $3,804.21 Customer Signature: Mike Freeman, Chair, Board of Weld County Commissioners L1,.GG • .dies'ti Clerk t. the Board Deputy C /-rk Date: JUN 0 5 2023 Currency: USD Generated: 3/20/2023 Confidential Page 2 of 6 Quote#: 001-00-7958649 Terms and Conditions • Provide a temporary climate design tailored to the request and needs of the customer for the project. • Delivery to the project site. Assistance from customer may be required to include lifting and positioning on site by machinery as required. • Start-up of units. Included gas pressure leak test and safety run testing of units for proper operation. • Tool Box Safety Talk. Introduce related safety practices and identify emergency procedures of equipment. • Pick-up of equipment at end of rental. Assistance from customer may be required to include lifting and positioning on site by machinery as required. Customer Responsibility • Maintenance charges will apply for a problem ocurring with a rental unit due to any of the following conditions; • No power, poor power, low running voltage or reverse polarity. Debris obstructing the air intake of the unit, no fuel or low fuel pressure and/or physical damage stopping the rental unit from operation. An invoice will be created to include travel time. mileage, parts and labor at the following rates. • $125.00 per hour straight time (8 AM - 4 PM Monday -Friday) • $250 per hour (Saturday, Sunday & after 4 PM Monday -Friday) (Door to door charge) with 4 -hour minimum charge • $350.00 per hour (Holidays) (Door to door charge) with 4 -hour minimum charge • $1.75 per mile travel charges (added to labor above) • Provide full replacement cost insurance on all rental equipment on project site. • Standby Charges for delivery/pick-up for standby time at $ 125.00 per hour during delays • Customer is required to provide all Permits that may be required by the city. state or local codes if any. • Customer provides any and all required union labor • All lifting/off-loading of equipment (as applicable) • State and local taxes (Tax exempt customers must provide a tax exempt certificate with purchase order) • Purchase orders and this proposal (signed) are required prior to delivery. • All equipment and services provided by Mobile Air are subject to the "Mobile Air. LLC Rental Agreement Terms & Conditions." Document online at: https://www.mobileair.com/terms-and-conditions Customer accepts these Terms & Conditions. Rental Protection Plan • Mobile Air, LLC Rental Protection Plan, MARPP. is not insurance, it is to offset possible damages or theft that may occur during the rental. The cost of this plan is 14.00% of the rental. To opt out of this plan a certificate of insurance can be provided. MARPP covers repairs and replacements up to the first $75,000. The customer would be responsible for all rental charges. cost of rental protection, 10% of repairs/replacement up to $1000. Any damage over $75,000, Mobile Air, LLC will work with the customer and their insurance company. The rental contract must be paid in full for an MARPP claim to be approved. For additional information and limitations please refer to the MARPP Terms and Conditions. Environmental Fee • To promote a clean and sustainable environment, Mobile Air takes various measures to comply with certain environmental regulations. Mobile Air also incurs a wide range of environmental related expenses (both direct and indirect) which may include services such as construction and maintenance of cleaning facilities, water disposal as well as labor costs and administration costs, etc. To help recover these and other costs, Mobile Air assesses an Environmental Fee. plus applicable taxes thereon in connection with certain rentals. The Environmental Fee is not a tax or governmentally mandated charge, and is not designated for any particular use or placed in an escrow account. but is a charge that Mobile Air collects as revenue and uses at its own discretion. Terms • Payment Terms: Invoiced same month as delivery of equipment, net 30 day terms. All monthly pricing is based on a 28 day billing cycle. • Proposals are valid for 30 days and equipment selection is contingent upon availability. I look forward to providing you with our best climate designs and our personal attention for your project site. Please provide me with a completed and signed proposal form, along with a P.O. to start your climate control order. Contact me with any questions at (720) 814-1289 (cell). Sincerely, Josh James Josh James I Mobile Air Technical Sales Representative 12526 E. Jamison Place Englewood, CO 80112 (720) 814-1289 ( jjames@mobileair.com Initials ten F Generated: 3/20/2023 Confidential cwc2c5 , of s Quote#: 001-00-7958649 Work Authorization and Proposal Acceptance ❑ STEP 1: Complete Purchase Order Information (If Company to use Purchase Order to Lease Equipment) P urchase Order #: P urchase Order Amount: (If amount unknown, write 'Per Invoice" or "To Advise") Initial here if a Purchase Order is "not required" for payment Is order exempt from sales tax? Yes No X Accounts Payable Contact: Bill To Address: Contact Name Contact E-mail Contact Phone 525 NORTH 15th AVENUE, GREENLEY, CO 80631 ❑ STEP 2: Read the following statement and sign below (Must complete and sign as Lessee of equipment) By executing this Acknowledgement, I certify that I am authorized to enter into this agreement on behalf of Lessee and accept the Mobile Air, LLC Terms and Agreement. Additionally, I acknowledge that since the Purchase Order Amount (or Credit Card amount) identified on this Work Authorization and Proposal Acceptance may not reflect the cost of services to be determined after the commencement of the work (i.e. additional rental term, labor, repair etc.) any amount so stated shall not be deemed a restriction on Mobile Air's right to charge customer for continued obligations identified in this proposal. V. JUN 0 5 2023 Signature Date U STEP 3: Complete the following information (Must complete) Mike Freeman, BOCC Chair Printed Name Title Requested Delivery Date: Delivery Contact: Delivery Contact Phone: S hip To Address: 07/26/2023 CSU/WELD COUNTY EXTENSION Weld County Fairgrounds. 525 NORTH 15th AVENUE, GREENLEY. CO 80631 ❑ STEP 4: Return this entire signed proposal along with a hard copy of: ❑ Purchase Order ❑ Sales Tax Exempt Certificate (if applicable) 02002Z - /63 Generated: 3/20/2023 Confidential Page 4 of 6 0 MOBILE Air & Power Rentals a division of Resolute Industrial RENTAL PROTECTION PLAN The Rental Protection Plan (RPP) from Mobile Air & Power Rentals (MAPR) limits your liability in case of equipment damage, loss or theft. BENEFITS • Low cost option to manage the unexpected • Saves money on repairs or replacement • Waives rental fees during repair time COVERAGE* • Accidental damage • THEFT and/or VANDALISM HOW IT WORKS • RPP covers the first $75K of damage or loss when an authorized user incurs an unintentional damage, loss or theft of rental equipment. • Purchase RPP for 14.00% of the rental fee. Fee will be automatically added to the rental unless the customer provides MAPR a Certificate of Insurance (COI) naming MAPR as additional insured. This must be property insurance not liability. Email completed COI to your MAPR sales manager. If a covered loss occurs, pay a deductible of (a) 10% of the cost to repair/replace or (b) $1,000 max; • whichever is less For repair or lost costs over $75K, MAPR will work with the customer and their insurance company • to recover the remaining balance. For Example: Pay less if something goes wrong ... With RPP Without RPP Generator Rental $500 $500 IRPP Cost (14%) $70 $0 Out -of -Pocket Cost $560 $500 Cost to Replace $75,000 $75,000 Deductible* $1,000 $0 RPP Benefit $74,000 $0 Cost to Customer $1,570 $75,500 Total More details related to our Rental Protection Plan can be read on our website at https://mobileair.com/wp-content/uploads/2022/08/RPP-Terms-and-Conditions.pdf Generated: 3/20/2023 Confidential Page 5 of 6 Rental Protection Plan Covers... Accidental negligence damage if the damage does not result from intentional abuse or Damage To Equipment of equipment. Damage to vehides Accidental damage if the damage does from intentional es not result abuse or negligence of vehide. Damage to Ancillary Accidental negligence damage of and I lary. if the damage does not result from intentional abuse or Theft Theft of equipment and veh i d es* Rental Protection Plan does NOT cover... Damage to tires Damage to tires tubes by blow bruised, other inherent and in the cause the out, cuts, punctures or causes use of equipment. Damage from Damage to from intentional abuse equipment resulting abuse Theft Theft of ancillary items. **Customer is responsible for the care and safekeeping of the rental equipment from the time of delivery until retrieval by the company per MAPR's Rental Agreement TErms and Conditions. Customer agrees that it will use its best efforts to protect the equipment from loss, theft or damage at all times during the rental period. and until the equipment is retrieved and in MAPR's possession. MARPP Restrictions and Exclusions: • Damaged Equipment -When a customer rents equipment covered under the RPP program, the customer will not be required to fill out a claim form for damages less than $15,000. • If damage to a piece of equipment exceeds $15,000; the customer is required to complete an incident report form for the RPP Claims Management team to review. Claims will be subject to denial if the damage is determined to be due to: striking an overhead object while in motion, acts of God such as floods, hurricanes, wind, storms, earthquakes or fires, overloading rated capacity, exposing equipment to corrosive material, damage to tubes and tires, overturning equipment, claims history, filling a reservoir with the wrong type of fluid, situations where equipment is used outside the intended purpose or capacity of the machine • Stolen Equipment -When equipment covered by RPP is stolen from a customer a valid police report must be provided for the RPP claim to be approved. If a police report is provided and Mobile Air's investigation determines no evidence or suspicion of customer conversion, the claim will be approved. • Claims may also be denied if: a valid police report is not provided, the customer did not safely secure the equipment or provide the keys to the branch, evidence or suspicion of conversion, claims history. • RPP claims may be denied or put on hold if customer account balance is significantly past due. • The RPP and Rental contract must be paid in full for an RPP claim to be approved. * MARPP covers the first $75K of damage or loss. For repair or lost costs over $75K, MA will work with the customer and their insurance company. * MARPP claims may be denied or put on hold if customer account balances are significantly past due. * The RPP and Rental contract must be paid in full for an RPP claim to be approved. Generated: 3/20/2023 Confidential Page 6 of 6 Ass)MOBILE Air & Power Rentals a division of Resolute Industrial Resolute Industrial, LLC. Rental Agreement Terms & Conditions: 1. DEFINITIONS: a. "Lessee" shall mean the party to this contract identified herein other than the Resolute Industrial, LLC. entity identified on the face of this Agreement. b. "Lessor" shall mean the Resolute Industrial, LLC. entity identified on the face of this Agreement. 2. RENTAL PERIOD: The rental period shall commence from the date of shipment of the equipment covered by this agreement, from the point of shipment and shall continue until the equipment is returned to Lessor's warehouse. 3. DETERMINATION OF RENTAL CHARGES: The Lessee shall pay for the rental period on each piece of equipment named in the list of equipment in this agreement at the rate herein stipulated. A rental rate is for a minimum rental period of one week, any portion of a week will be billed as a full week. A month is defined as a period of twenty-eight (28) days. A seasonal rental is defined as a beginning not before October 1st and ending April 15th of the following year. Seasonal rental rates are only available for Heating Equipment rental orders received prior to December 31st. 4. PAYMENT: All rental payments due under this agreement are due based on terms. All overdue payments for all charges including damages and loses referred to in section 8 and 16 shall bear interest at the rate of 1.5% per month without prejudice to any of Lessor's rights and in particular without prejudice to the Lessor's right contained in section 15 to terminate this agreement for non- payment of rent. 5. TRANSPORTATION: The lessee shall pay all shipping expenses from the original point of shipment to his receiving point and all return shipping expenses to the lessor's warehouse. 6. RECALLING AND RETURNING NOTICE: The Lessor may recall any and all equipment upon a thirty (30) day written notice to the lessee and the lessee may return any and all equipment upon like notice to the Lessor. In the event of a recall, the Lessee shall remain responsible for any transportation costs as referred to in section 4. 7. MAINTENANCE,OPERATION AND REPAIRS: The Lessee shall not make any alterations, additionsor improvements to the equipment without the Lessor's prior written consent. The Lessee at his own expense will operate, maintain and keep in good repair the Equipment and return it in the same condition in which it was received. Specifically the Lessee must: a. Ensure that the Equipment is operated in accordance with applicable manufacturer's guidelines and instructions by qualified personnel. b. Return the equipment in a clean and unmarked condition. 8. INSPECTION: The Lessor shall have the right at any time and from time to time to enter the premises occupied by the equipment and shall be given free access thereof and afford necessary facilities for the purpose of inspection. 9. DAMAGE TO EQUIPMENT: The Lessee shall be liable to the Lessor for all loss or damage to the Equipment while it is in the possession of the Lessee, regardless of the cause or origin of such loss or damage, accept as limited by Section 16. In the event of damage to Equipment, the Lessee shall immediately notify Lessor of such. 10. LOST OR STOLEN EQUIPMENT: In the event of lost or stolen equipment while in the possession of the Lessee, the Lessee agrees to pay within thirty (30) days from such loss, "List Price" value of equipment and equipment options as seen on current manufacturers supplied price lists. Additionally the parties acknowledge that the Equipment is unique in design and manufacture, and to Lessor it is inherently valuable as rental equipment. Therefore in the event of total loss of the equipment, Lessor and Lessee agree that the loss comprises in addition to the list price, the loss of use of such rental equipment (rentals) until it can be replaced. In such an event the Lessee shall also be liable for, and agrees to pay within thirty (30) days from receipt of Lessor's invoice, the loss of rentals which such equipment could have produced for such period of time which elapses from the total loss until the Equipment can be replaced. 11. . f • • .,. • • 12. INSURANCE: The lessee shall at the lessee's own expense maintain public liability and property insurance to protect the lessee and the lessor against damages to property and persons from the operation, handling or transportation of the Equipment during the rental period. Insure the equipment for loss by fire, theft, damage and other risk of loss customarily insured against on such equipment. This insurance shall provide to the lessor full replacement cost value and loss of rental revenue during the replacement or repair time period. 13. , ec uipnnent hereby rentcc and/or in t is co:.ection of any such sums the _essee owes. 14. SUBLETTING: No equipment shall be sublet by the lessee nor shall lessee assign or transfer any interest in this agreement without prior written consent of the lessor. 15. TERMINATION OF THE AGREEMENT: Should the lessee; (i) fail to make payment in accordance with the terms of this agreement and such failure continues for a period of fifteen (15) days, (ii) become bankrupt, become insolvent make an assignment for the benefit of its hipt,maintain and/or operate, or to return the equipment as provided by this agreement, (iv) fail to maintain insurance required by section 10, (v) or violate any material provision hereof, the lessor may after three (3) days' notice in writing of such event, terminate this agreement, take possession of the equipment wherever it may be found without becoming liable for damages or for trespass, and in addition to any other remedies lessor may have, recover all amounts due together with any amounts for damage to the equipment and all expenses incurred for repossessing the equipment b 16. WARRANTY: The equipment rented hereunder has been selected by lessee for his own purposes and lessee especially disclaims any reliance upon any statement or representations made by lessor, except for satisfactory rated operation of the equipment and lessor hereby disclaims same. The lessor liability under this section 14 is limited to repairing or replacing (at the discretion of the lessor) Equipment not performing according to rated operation. 17. AUTHORITY OF AGENTS: The execution hereof by an agent of the lessee shall conclusively establish the authority of such agent to contract herein, unless lessor receives written notification to the contrary prior to the loading of the Equipment for transit. 18. SPECIAL CONDITIONS: Notwithstanding any provisions contained herein to the contrary; a. If the equipment goes down for maintenance or repairs while in lessee's service, lessee may notify lessor and if lessee elects to return the down Equipment, lessor will make arrangements to send lessee Equipment to replaces it. The lessee will be charged for all applicable transportation costs. b. If the equipment goes down for maintenance cr repairs while in lessee's service and the lessee elects not to return the down equipment, lessor will send a qualified technician to repair it. Lessee will be charged travel time, mileage, labor and parts for such technician at lessor's regular rates. c. If lessor determines that required maintenance or repairs is lessor's responsibility, the travel time, mileage, labor and parts for such technician will be provided at no charge tc the lessee. d. If lessor determines that the repair (including those resulting from improper maintenance or the failure to perform required maintenance or for any reason other than lessor's negligence) is lessee's responsibility then the lessee agrees to pay, within thirty (30) days from receipt of lessor's invoice, all applicable travel time, mileage, labor and parts for repair at the lessor's standard rates. Additionally, the parties hereto acknowledge that the Equipment is unique in design and manufacture, and as to lessor, it is inherently valuable as rental equipment. Therefore, in the event of damage to the Equipment which does not constitute a total loss, lessor and lessee agree that the loss to the lessor comprises, in addition to the cost of labor, parts to repair the Equipment, as well as transportation costs, travel time, mileage and other such incidental costs, the loss of use of such rental equipment (rentals) until it can be fully repaired, in such event lessee shall also be liable for, and agrees to pay within thirty (30) days from receipt of lessor's invoice, the loss of rentals which such damaged Equipment could have produced during the time it is being repaired, had it not been damaged. 19. TAXES AND FEES: The lessee shall pay all license fees, registration fees, assessments, duties and taxes which may now or hereafter be imposed upon the ownership, possession, or use of the Equipment excepting only those based on the lessor's net income or exempted by law. The lessee shall promptly notify lessor of the receipt of any tax notices, or tax reports, or inquiries, or notices of taking, or other authorities concerning taxes, fees, or assessments. 20. AIR QUALITY: Tie lessee shall comply with all laws, rules and regulations with regard to the operation of the Equipment under any local, state, or Federal Air Quality Standard. 21. OWNERSHIP OF EQUIPMENT, EMCUMBRANCES: The Equipment is, and shall at all times remain the property of the lessor, and the lessee shall have no right, title or interest therein or thereto except the right of possession and use of the Equipment pursuant to the terms of this agreement. Lessee shall not remove or deface any plate or marking on the equipment identifying lessor as the owner of the Equipment or the manufacturer's serial number. The equipment is, and shall at all times remain personal property notwithstanding the Equipment or any part thereof may be or become, in any manner affixed or attached to any other personal or real property. The lessee shall keep the Equipment free and clear of any and ali levies, liens, security interests and encumbrances of any kind, and shall give the lessor prompt notice of any such attachments. 22. LIMITED LIABILITY: In no event shall the lessor be liable to the lessee or any other party for any incidental, consequential or special damages. 23. SCOPE OF DAMAGES: The lessor's liability for damages shall in no event exceed the total rentals, if any received from the lessee by the lessor for the equipment which is the subject of claim or dispute and pursuant to this agreement. 24. ENTIRE AGREEMENT, GOVERNING LAW & VENUE: This agreement constitutes the entire agreement between the lessor and the lessee, and supersedes any representation; warranties or agreements (written and oral) heretofore made or entered into between the parties relating to the Equipment. This contract shall be governed by the laws of Michigan Colorado. Lessor and lessee hereby irrevocably consent to the jurisdiction and federal :ourts located in the State of Michigan -Colorado and shall be bound by any judgments rendered thereby after all appeals taken. 25. CHANGES, MODIFICATIONS, WAIVERS, ETC.: Changes, modifications, waivers, additions or amendments to the terms and conditions of this agreement shall be binding on lessor only if such are in writing and signed by a duly authorized representative of lessor. The - failure of lessor to enforce, at any time or for any period of time, any of the provisions of this agreement shall not constitute a waiver of such provisions or the right oaf lessor to enforce such and every provision. QUOTE AND RENTAL AGREEMENT TERMS AND CONDITIONS FOR PIG BARN EVAPORATIVE COOLERS FOR 2023 WELD COUNTY FAIR - RESOLUTE INDUSTRIAL, LLC, DBA MOBILE AIR AND POWER RENTAL APPROVED AS TO SUBSTANCE: cted Official, Department Head, or Deputy Department Head APPROVED AS TO FUNDING: Chief Financial fficer, or Controller APPROVED AS TO FORM: f,„‘Loil,P.rie., County Attorney W-/55�' Hello