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Home My WebLink About20221993.tiffRESOLUTION RE: APPROVE QUOTE AND RENTAL AGREEMENT FOR GOLF CART SHUTTLES FOR 2022 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - MASEK ROCKY MOUNTAIN GOLF CARTS 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 Quote and Rental Agreement for Golf Cart Shuttles for the 2022 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 Masek Rocky Mountain Golf Carts, commencing July 22, 2022, and ending August 1, 2022, 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 for Golf Cart Shuttles for the 2022 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 Masek Rocky Mountain Golf Carts, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said quote. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO ATTEST:.►) ..4 Sco1k'K. James, Chair Weld County Clerk to the Board County Attorney Date of signature: 7/2-5/2.2 cc .tx(Ks/sM) K/16/22 2022-1993 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Masek Rocky Mountain Golf Cart Agreement DEPARTMENT: Extension /Fair DATE: 7/6/2022 PERSON REQUESTING: Jenette Masarie/ Hannah Swanbom Brief description of the problem/issue: Weld County Fair Board would like to rent Golf Carts from Masek Rocky Mountain Golf Carts as shuttles for public during the fair. What options exist for the Board? (include consequences, impacts, costs, etc. of options): To rent 5 golf carts it will cost $3,790, this is factored into the Fair Board Budget. Recommendation: Weld County Fair recommends to rent Golf Carts from Masek Rocky Mountain Golf Cart for the 2022 Fair. This contract has already been reviewed by legal. Approve Recommendation Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: 2022-1993 01/l3 Karla Ford From: Sent: To: Subject: Attachments: Approve, thanks! ** Sent from my iPhone ** Scott James Wednesday, July 6, 2O22 12:18 PM Karla Ford Re: Please Reply - Ext Office - Masek Golf Carts Pass Around image002 jpg; image001.png; Masek Rocky Mounatin Golf Carts Rental Agreement_Final.pdf; Masek Rocky Mountain Golf Carts Pass Around.pdf Scott K. James Weld County Commissioner, District 2 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 97O.336.72O4 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Jul 6, 2022, at 12:00 PM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you. Karla Ford. Executive Assistant & Office Manager) Board of Wela County Commissioners 1150 O Street, P.Q. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: wwkwelOgcw.coin :: **Please note my working hours are Monday -Thursday 7:00a.m.-5: 00p.m. ** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: lsaine@weldigov.com Website: www.co.weld.co.us In God We Trust Lori Saine Wednesday, July 6, 2022 1:18 PM Karla Ford RE: Please Reply - Ext Office - Masek Golf Carts Pass Around Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Wednesday, July 6, 2022 12:00 PM To: Scott James <sjarnes@weldgov.com>; Lori Saine <Isaine@weldgov.com> Subject: Please Reply - Ext Office - Masek Golf Carts Pass Around Importance: High Please advise if you approve recommendation. Thank you. Karla Ford Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(c weldgov.corn :: www.weicigpv.com :: **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m. ** 303-952-7400 5345 newport street commerce city, CO 80022 JENETTE MASARIE WELD COUNTY FAIR 525 N. 14 AVE GREELEY, CO 80631 +1 970 371 7598 JMASARIE@WELDGOV.COM E@WELDGOV.COM nitiagissi 07/23/2022 12:00 AM EVENT END 07/31/2022 11:30 PM Rental Agent: Tony Dugan Contract # Q-000370 I III liii I uiiimiiiii II II II III Quote QUOTE DATES: Fri 07/22/2022 08:00 AM through Mon 08/01/2022 10:00 AM Event Address/Instructions Delivery Address Pickup Address JENETTE MASARIE 525 N. 14 AVE GREELEY, CO 80631 Onsite Contact: Bridget Holcomb (970) 371-7598 JENETTE MASARIE 525 N. 14 AVE GREELEY, CO 80631 JENETTE MASARIE 525 N. 14 AVE GREELEY, CO 80631 Quoted Rate Qty Total 6 Passenger (x2) 4 Passenger $ 775.00 $ 580.00 2 3 $ 1,550.00 $ 1,740.00 Fees Rate Qty Total Delivery Charge $ 500.00 1 $ 500.00 Tax not included on rental contract. Quotes valid for 30 days. E -Sign Expires 7 days from contract send date. COMPANY HOURS Monday - Friday : 8:00 AM - 5:00 PM Saturday - Sunday : Closed I certify that I have reac and agree to all terms of this contract. Rental Total $ Sales Total $ Grand Total $ Amount Paid $ Amount Due $ JUL 1 3 2022 SIGNATURE Scott K. James, DATE Chair 06/20/2022 02:50 PM Board of Weld County Commissioners 3,290.00 500.00 3,790.00 0.00 3,790.00 So2a -/993 RENTAL AGREEMENT TERMS AND CONDITIONS Purchase Order Terms Excluded. The issuance of a purchase order or other document against this Rental Agreement is not a counteroffer, and no provision of such purchase order or any other document which varies from the terms hereof shall become a part of the Rental Agreement unless separately and specifically agreed to in writing by Lessor. RENTAL CANCELLATION POLICY. All our equipment is by reservation only, once reserved your requested equipment is removed from our available inventory list, making it unavailable for other clients. We are forced to charge a Cancellation fee to compensate for the time the equipment is not available, as follows: a}t a►' —4 gast4144#40041Wathie "kil II 111,1 Less than 24 hours of reservation time on contract — 100% of the total rental invoice. - Less than 72 hours' notice — 50% of the total rental invoice anknormix et More than 72 hours' notice — No Fee GOLF TOURNAMENT LEASES: If cancelled the customer is liable for $5.00 per car/unit plus the delivery fee. we DO NOT PROVIDE REFUNDS for weather cancellations. You have the opportunity to reschedule your rental. If you choose not to, it is the same as cancelling your rental as noted above. Rental Term. The term of this Rental Agreement shall include the Rental Term specified above plus all additional time spent transporting the Equipment to and from Lessee. Any renewals or extensions of the specified Rental Term, and any additional time required for Lessor to regain the full possession or control of, to make repairs to, or to discharge liens or encumbrances upon the Equipment. KEYS: Missing or lost keys are a $5.00 charge per key. Please return all keys & key tags. Acceptance of Equipment. Unless Lessee gives written notice to Lessor specifying any defect in or other valid objection to the Equipment within 24 hours after receiving the same, it shall be conclusively presumed that such Equipment was in good operating condition when received and that Lessee accepted and approved the same as the Equipment described in this Rental Agreement. Transportation. Unless otherwise specifically provided herein, Lessee shall pay all charges and expenses relating to transportation of the Equipment in connection herewith. Renewal. Any failure to return the Equipment to Lessor upon the expiration of the Rental Term or a renewal period shall, at the option of Lessor, constitute a renewal hereof. The provisions of the Rental Agreement shall apply to every renewal period. Disclaimer of Warranties. It is understood that Lessor is not the manufacturer of the Equipment and that Lessor makes no warranties against defects in material or workmanship or relating to the capability or performance of the Equipment, or the profitability of its use. THERE ARE NO EXPRESS WARRANTIES BY LESSOR OF ANY KIND WITH RESPECT TO THE EQUIPMENT AND LESSOR DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL LESSOR BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. Lessor hereby assigns to Lessee for the Rental Term all manufacturer's warranties applicable to the Equipment. Rental Payments. Credit Card required on file for damages and incidentals for all rentals. Lessee agrees to pay the payment amount as set forth in this agreement. Lessee's payment is due in full upon receipt of invoice unless different terms are stated on the first page of this Contract. All payments shall be mace to Lessor at its address set forth herein or at such other address as Lessor may from time to time specify in writing. Lessee waives all existing and future claims and offsets against any rent or other payments due under this Rental Agreement and agrees to pay all rent and perform all other obligations to Lessor hereunder when due regarcless of any claim or offset that may be asserted by Lessee or on Lessee's behalf. Lessee's obligations hereunder shall not be suspended or discharged on account of Lessee's inability to use the Equipment due to any cause other than a breach of this Rental Agreement by Lessor. If Lessee fails to pay any part of the rental or any other sum required to be paid to Lessor within 30 days after the due date, Lessee shall pay as additional rent to Lessor interest of 1.34 percent per month on the delinquent amount. Such monthly interest charges shall be cumulative, and all payments made by Lessee shall be applied to any accrued interest before to base rent. Use of Equipment. Lessee represents and agrees that the Equipment is rented for commercial and personal use. To minimize the possibility of personal injury or property damage; Lessee agrees to have the Equipment operated only by employees of Lessee properly trained and qualified in its operation and to take all other reasonable precautions to ensure that the equipment is transported and operated only in a safe and lawful manner. Lessee shall pay all expenses relating to operating the Equipment. No Stickers, tape, or adhesives of any kind affixed to any rental unit. $25.00 per unit removal fee per affected unit. Location and Inspection. Lessee shall operate and when not in operation, store the Equipment at the location(s) specified above and shall not remove the same from such location(s) without the arior consent of Lessor. Lessee agrees that Lessor shall have the right to enter any premises where the Equipment may be located at any reasonable time for purposes of inspecting the same and without notice or liability to Lessee remove or disable the Equipment if, in the opinion of Lessor, it is being used or kept in violation of this Rental Agreement. Long Term Rental Maintenance and Care. Unless otherwise specified in this agreement. Lessee agrees at its own expense to maintain the Equipment in good working order, properly serviced and garaged, including performing all necessary repairs and replacements, and to return the Equipment to Lessor upon the expiration or termination hereof in the same condition as when received except for ordinary wear and tear. ALL REPLACEMENT PARTS SHALL BE ORIGINAL EQUIPMENT MANUFACTURERS' PARTS. Lessee shall pay for all labor, material and parts required for the proper operation and protection of the Equipment, including expendable items such as lubrication, belts and filters. Lessee shall be responsible for any tire damage or wear beyond ordinary wear and tear. The determination of ordinary or excessive wear and tear shall be made solely by Lessor in its reasonable discretion. If the Equipment is returned to Lessor in any condition inferior to the required hereby, Lessee shall pay Lessor upon receipt of invoice, as additional rent, all charges for cleaning, servicing, repairs and replacements necessary to restore the Equipment to the required condition. Additions and Alterations. Lessee shall not make any additions or alterations to the Equipment without the prior written consent of Lessor. RISK OF LOSS. THE ENTIRE RISK OF LOSS OR DAMAGE TO THE EQUIPMENT DURING RENTAL TERM SHALL BE UPON LESSEE AND LESSEE AGREES TO INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL LOSS OR DAMAGE TO THE EQUIPMENT FROM ANY AND ALL CAUSES. LESSEE SHALL PROMPTLY NOTIFY OWNER OF ANY LOSS OR DAMAGE TO THE EQUIPMENT. RETURN OF EQUIPMENT. Upon the expiration or termination of this Rental Agreement Lessee shall at its own expense immediately return the Equipment to Lessor's Equipment yard or to such other destination as Lessor may specify within the same distance from Lessee's location. Agreement of Rental Only. This agreement is one of rental only and Lessee shall not have, or acquire, any right title or interest, legal or equitable, in the Equipment or any part thereof except the right to use the same during the term and subject to the provisions of this Rental Agreement. Default. Lessor shall be in default under this Rental Agreement upon the happening of any of the following events or conditions; (a) Lessee fails to pay any sum required to be paid hereunder by the due date; (b) Lessee fails at any time to obtain or maintain any insurance coverage required hereunder; (c) Lessee fails to perform or comply with any other obligations or condition hereunder. Remedies on Default. Upon any default by Lessee as provided in this Rental Agreement, (a) all rentals due or to become due under this agreement and all other sums owing by Lessee hereunder shall immediately become due and payable; (b) Lessor may retake possession of the Equipment were located and remove the same without legal process; (c) Lessor may exercise any and all rights or remedies available All remedies of Lessor shall be cumulative and not exclusive and may be exercised simultaneously or separately. Lessee shall pay upon demand all costs and expenses, including reasonable attorneys' fees, incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms hereof, regardless of whether litigation is commenced or continued to final judgment. Entire Agreement. Modification and Waiver. This Rental Agreement contains the complete and exclusive statement of the agreement between the parties relating to its subject matter and shall not be amended or modified except in writing signed by the parties. No inconsistent or contrary terms contained in any existing or future purchase order issued by or for Lessee relating to the Equipment shall act to vary any term hereof unless separately and specifically agreed to by Lessor in writing. Assignment. Lessee may not assign, delegate, sublet, or otherwise transfer any of its rights or duties hereunder or with respect to the Equipment without the prior written consent of Lessor. Lessor may freely assign the sums due or to become due hereunder and Lessee agrees to recognize such assignment. Force Majeure. Lessor shall not be liable for any failure or delay of delivery or in performing any obligation hereunder due to any casualty, cause or circumstance beyond its control. Exposure to Hazardous Material or Waste. Lessees shall not expose the Equipment to any hazardous material or waste, in the event the Equipment is exposed to any hazardous material or waste, Lessee shall immediately (1) notify Lessor, and (2) completely clean and decontaminate the Equipment. If the Equipment cannot be completely clean, decontaminated and otherwise discharged from all adverse effects of such exposure, Lessee shall pay Lessor the full value of the Equipment, together with interest thereon at the rate of 1.34% per month from that date until the said Equipment sum is paid in full. Lessee indemnifies and holds Lessor harmless from any and all claims, actions, expenses, damages, costs and liabilities arising from any such exposure of the Equipment to hazardous material or waste. This indemnification survives and continues after the term of this lease. Miscellaneous. This Rental Agreement shall be binding upon the respective heirs, personal representatives, successors, and assigns of the parties. If any provision of this instrument is held invalid by a court of competent jurisdiction it shall be considered deleted from this instrument, but the remaining provisions shall be given effect. Lessee's obligations arising hereunder during the Rental Term shall survive the Rental Term and any termination hereof. Lessee represents and warrants to Lessor that Lessee has the power to make, enter, deliver and perform this Rental Agreement and that each person signing and delivering this instrument is duly authorized to do so on its behalf Governing Law; Venue. This Rental Agreement shall be governed by and construed under the substantive laws of the State of Colorado. Lessee agrees that all suits arising from the performance or any breach of the Rental Agreement may be commenced and maintained in the courts of Adams County, Colorado, as applicable, and Lessee irrevocably consents to such venue. CONTRACT FOR PROFESSIONAL SERVICES FOR GOLF CART RENTAL FOR 2022 WELD COUNTY FAIR - MASEK ROCKY MOUNTAIN GOLF CARTS APPROVED AS TO SUBSTANCE: Hannah Swanbom Elected Official or Department Head APPROVED AS TO FUNDING: eidmit folco Chief Financial Officer APPROVED AS TO FORM: C my Attorney ,2o -/993 Hello