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HomeMy WebLinkAbout20221801.tiffRESOLUTION RE: APPROVE INVOICE AND CONTRACT FOR TENT RENTALS FOR PIG AND CATTLE SHOW RINGS FOR 2022 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - BOULDER TENT AND EVENT RENTALS 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 an Invoice and Contract for Tent Rentals for the Pig and Cattle Show Rings at 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 Boulder Tent and Event Rentals, commencing July 19, 2022, and ending August 2, 2022, with further terms and conditions being as stated in said invoice and contract, and WHEREAS, after review, the Board deems it advisable to approve said invoice and contract, 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 an Invoice and Contract for Tent Rentals for the Pig and Cattle Show Rings at the 2022 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County/Fair Board, on behalf of the CSU Extension Service of Weld County, and Boulder Tent and Event Rentals, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said invoice and contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dat,,t);� Weld County Clerk to the Board County ttorney Date of signature: 7/7/2-2 teve Moreno cc: Ex(HS/sn' 7/11 /22 2022-1801 EX0030 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Fair DEPARTMENT: Extension /Fair DATE: 5/25/2022 PERSON REQUESTING: Jenette Masarie/ Hannah Swanbom Brief description of the problem/issue: Weld County Fair Board has approved to rent 2 tents for the Pig and Cattle Show Rings from Boulder Tent Rentals for the 2022 Fair. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Contract is attached, the total amount for 2 tents is $33,178.46. The Board has factored this into their budget. Recommendation: Weld County Fair Board recommends to rent 2 tents from Boulder Tent Rental for the Pig and Cattle Show Rings during the 2022 Fair. This has already been approved by Legal. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Recommendation Work Session Schedule Other/Comments: 2022-1801 i2 z Exb030 INVOICE BOULDER TENT It N T A L WE'VE GOT YOU COVERED Delivery Address Remit Payment To: Boulder Tent & Event Rentals (970) 663-7368 4775 Paris St. Denver, CO 80239 Fair Grounds 501 N. 14th Ave Greeley, CO 80631 Delivery Order Info Invoice #7544F4FA Weld County Fair 2022 Order Start Sat, Jul 23, 2022 Order End Mon, Aug 01, 2022 10:00 AM EDT 07:00 PM EDT Drop Off Window Pick Up Window Tue, Jul 19, 2022 07:00 AM EDT Through Tue, Jul 19, 2022 12:00 PM EDT Tue, Aug 02, 2022 07:00 AM EDT Through Tue, Aug 02, 2022 12:00 PM EDT Frr Price 1 Liri 18m x 35m ET 1 18m x 40m ET 60 ASPHALT PLUGS 32 LIGHT, PAR 38 6 FAN, FLOOR, 36" 1 Misc Tool Rental - Jack Lift 4 FAN, VERSA KOOL 12" $16,200.00 / Each $18,225.00 / Each $30.00 / Each $40.00 / Each $60.00 / Each $1,500.00 / Each $45.00 / Each $16,200.00 $18,225.00 $1,800.00 $1,280.00 $360.00 $1,500.00 $180.00 Item(s) Subtotal All Items in Order Delivery / Pick Up Cost Current Vendor Sponsorship Damage Waiver Fee $39,545.00 $39,545.00 $460.00 -$3,954.50 -$9,000.00 $3,954.50 Subtotal Tax Additional Taxes Contact Info Customer Bridget Holcomb (970) 371-7598 holcomb.bridget@gmail.com 17590 County Road 40 LA SALLE, CO 80645 Billing Jenette Masarie (970) 590-2099 jmasarie@weldgov.com 525 N. 15th Ave Greeley, CO 80615 All Items in Order Delivery / Pick Up Cost Current Vendor Sponsorship Damage Waiver Fee $39,545.00 $460.00 - $3,954.50 - $9,000.00 $3,954.50 Subtotal Tax Additional Taxes S31,005.00 $2,173.46 $0.00 Total Due Final Balance Due Due Date $33,178.46 $33,178.46 07/09/22 Amount Remaining S31,005.00 Notes $2,173.46 S0.00 Total Due $33,178.46 $33,178.46 Tue, Mar 01, 2022 12:38 PM EST 60 x 120 on Pavement 60 x 135 on Grass Contact Bridget prior to arrival AND Strike 970.371.7598 Weld County Fair 2022 #7544F4FA RENTAL CONTRACT TERMS AND CONDITIONS For good and valuable consideration, you and Peak Event Partners, Event Productions and affiliated companies, agree as follows: As used herein, "Rented Item(s)" or "Items" means the "Items Rented" to you, as identified on the first page of this contract; "Lessee", "you" and "your" mean the customer on first page of this contract; and "Lessor", "we", "us", "our" or "PEP" mean Event Productions, LLC, a Colorado limited liability company, d/b/a "Peak Event Partners"; additionally, "P1" refers to the first page of this Contract. 1. TITLE AND OWNERSHIP. The leased equipment shall, always, be and remain the sole and exclusive property of Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by a display of an identifying stencil, plate or other marking and Lessee agrees that it will not remove or cover such markings without the written permission of Lessor. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of Lessor. Movement of equipment to a second location constitutes an additional rental & shall be charged as such. 2. PAYMENT. Lessee agrees to rent the Rented Item(s) from PEP for the period specified on P1 ("Event Dates") , and to pay PEP the rental rate(s) set forth on P1, together with any other charges accruing hereunder, without proration, reduction or discount, until the Rented Item(s) is/are returned to and accepted by PEP. Rental rates are for normal use of the Rental Items on a daily basis. The Rent rates will increase for any additional time or use. An allowance will be made for a period(s) or nonuse over weekend or holiday closures. You agree to pay PEP: (a) any Deposit specified on P1 (or if none, 50% of the Total listed on P1) upon reservation; and (b) at least 30 days prior to the Event Date commences, 100% of the remaining Total Amount Due. You agree that: (a) PEP may deduct any amount you owe us from any Prepayment; and (b) no Prepayment or Deposit will be deemed a limit of your liability under or in connection with this Contract. 3. CANCELLATION POLICY. If your event is canceled more than 30 days prior to your originally scheduled delivery or customer pick-up date, PEP may, but will not be obligated to, refund a portion of your Deposit. Prepayments are otherwise nonrefundable. If items are canceled 15 days prior to the date of delivery or customer pick-up, a 50% cancellation charge will apply (excluding: tents and tent accessories). If items are canceled less than 5 days prior to the date of delivery or customer pick-up, a 100% cancellation charge will apply. Cancellations made after the delivery of your rentals, installation of equipment, or pick-up of the rental items from our warehouse will forfeit all payments. Anything with, in or on any Rented Items upon return will, at our option, be deemed surrendered or abandoned 4. EQUIPMENT 1. INSPECTION. Lessee acknowledges that they have had an opportunity to personally inspect the equipment and find it suitable for their needs and is in good condition. Lessee understands the equipment's proper use. Lessee further acknowledges Lessee is responsible to inspect the equipment prior to its use and to notify Lessor of any defects. 2 REPLACEMENT OF MALFUNCTIONING EQUIPMENT If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue use and to notify the Lessor Lessor will repair or replace the equipment with similar equipment in good working order if available and if the defect is the result of normal use Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise and Lessee hereby waives any right or entitlement thereto 3 WARRANTIES Lessor is not the manufacturer of the rented property and not the agent of the manufacturer and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise There are no warranties of merchantability or fitness, either expressed or implied There is no warranty that the equipment is suited for Lessee's intended use, or that it is free from defects and all such warranties of fitness, or otherwise, are expressly and specifically waived by the Lessee 4 ASSIGNMENT, SUBLEASES AND LOANS OF EQUIPMENT The Lessor may assign its rights under this contract without the Lessee's consent but will remain bound by all obligations herein The Lessee may not sublease or loan the equipment without the Lessor's written permission Any purported assignment by the Lessee is void 5 CLEANING China, Glassware and Flatware must be returned rinsed, and re -packed properly in boxes or racks provided or additional charges will be assessed Special cleaning deposits will be charged on BBQ Grill and Cooking Equipment 6 DIRTY OR DAMAGED EQUIPMENT Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of Lessor Lessee does agree to pay a reasonable cleaning charge for all equipment returned dirty Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods Rental equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented The cost of repairs will be borne by the Lessee, whether performed by the Lessor or at the Lessor's Option by others 5 LINENS Peak Event Partners, Event Productions and affiliated companies strive to provide the Lessee with a consistent product in good quality condition Reasonable care must be assumed by the lessee to assure that damage or loss does not occur to linens including skirting and napkins Return all items dry and free of waste The Lessor (PEP) utilizes your credit card on file as a damage deposit Your card will be charged for any damages or loss to linen including other equipment 1 DAMAGE TO LINEN Includes misuse, rips, mildew, cigarette or other burns including scorch marks, candle wax, chocolate or other stains that cannot be removed by our professional laundry service 2 INSPECTION Table linens are inspected prior to pick-up and upon return Lessee will be notified of any potential damage or missing items After the items have been cleaned by the laundry department, any permanently damaged items will be charged at our cost to your card on file and lessee can keep the same as though it were a sale if they so desire 3 LINEN CARE Linens must be protected from burns and stains when utilizing flames such as canned heat or candles, or when using fountains Place a barrier between linen and these items such as plastic, a doily, glass or trivet Shake out all crumbs, flowers, greens, etc to avoid any stains Do not roll up or place wet linens in any bag — mildew will result Simply leave the linens in the provided linen bag or hang them back on the hangers provided Lessee is responsible to ensure all linens are free of additional decor or knots before return 6 TENTS AND UMBRELLAS Tents and umbrellas provide temporary shelter from the sun, light breezes less than 20 MPH, or as a decorative venue Tents and umbrellas are not intended to provide complete protection from the wind, rain, snow, or other storms If PEP deems that weather conditions or other acts of natural weather are unsafe before your rental items are loaded on the truck, the Lessee will receive a full deposit in a refund If, after your items are loaded and/or delivered to your site and conditions prohibit installation, half of your deposit will be refunded It is the responsibility of the lessee to take reasonable appropriate action to reduce the damage to tents and umbrellas 1 MATERIAL All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be waterproof and are to be considered temporary shade structures Lessee agrees not to use any form of tape on tents, walls, or frames —the adhesive degrades the fabric and leaves residue 2 COOKING Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent Lessee assumes full responsibility and costs incurred for damage and/or cleaning expenses to tent tops due to cooking processes under or near the tents 3 ELECTRIC POWER AND LIGHTING Lessee agrees to furnish Lessor access to and the right to use Lessee's electrical and power lines for the installation and operation of the rented equipment 4 WEATHER -RELATED RISKS Lessee assumes all weather -related risks involved in holding an outdoor tented event Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor's control, Lessee,shall still be liable for payment in full of all charges Tents are not safe in lightning storms or high winds Evacuate all guests to a safe area Watch for approaching inclement weather Water and snow loads on tents are dangerous Use a push broom to push canvas up to allow runoff of snow or water puddling, which can cause the collapse of tents or umbrellas 5 UMBRELLA TABLES It is suggested that umbrellas and umbrella tables remain closed when not in use 7 PERMITS AND LICENSES All tents meet applicable fire codes Some municipalities require tent permits for larger than 400 sq ft Lessee shall at its own expense and prior to the installation of the equipment, provide all necessary permits, licenses and other consents 8 DELVIERY/PICK UP Delivery is made (within 10 feet) to the closet point PEP trucks can park Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved This service does not include set up and knock down of tables and chairs If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you, after quoting the price. On pick-up where no prior arrangements have been made and equipment is not knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when a special crew can be scheduled. There will be an additional one -day rental fee. A knock -down fee will result if the equipment is still up. 9. PREPARATION OF SITE. Lessee agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and man-made, prior to the arrival of the PEP's work crew. Lessee further agrees to have all tents cleared for removal prior to the work crew's arrival. All non -leased equipment and decorations shall be cleared and taken from the site. If Lessee fails to do so, then Lessee shall pay all costs involved for any delay and all costs including collection and legal expenses. 1. STAKES/BALLAST. All tents must be secured down. Do not remove stakes/ballast, guy lines, or other equipment used to secure the tent. 2. UNDERGROUND FACILITIES. Lessee agrees to have all Underground Facilities, near the equipment installation, clearly marked prior to the arrival of PEP's work crews. Lessee assumes full responsibility for damage to all Underground Facilities. To identify Underground Facilities, Lessee must call one week prior to installation. This service is provided for free by calling 1-800- 922-1987. 10. TIME OF RETURN. Lessee's right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee's obligations under this contract Time is of the essence in this agreement. Any extension must, at the Lessor's election, be mutually agreed upon in writing. 11. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall return all the equipment to Lessor's premises during Lessor's regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the equipment occurring because it was not returned within Lessor's regular business hours. If Lessor has agreed to deliver the equipment to Lessee or to pick up the equipment from Lessee, Lessee shall be responsible for all losses or damage to the equipment from time of delivery to Lessee and until picked up by Lessor. 12. THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearances. Damage Waiver does not cover theft. Warning: Obtaining rental items by threat, deception or otherwise without the consent of the owner and/or failure to return items can, in certain circumstances, be considered theft, resulting in civil penalties and/or criminal prosecution. CRS 18-4-402. old harmless Lessor, its , , , , , , , 14. INSPECTION BY LESSOR. Lessor shall always have the right to enter any premises where the equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee's premise. 15. DAMAGE WAIVER. A damage waiver is charged on all rentals. The damage waiver is a one-time, non- refundable charge to cover the lessee against accidental damage and avoid additional charges. Damage waiver does not cover failure to return the equipment, negligence, misuse, abuse, vandalism, malicious mischief, mysterious disappearance, or use of drugs and alcohol. The damage waiver is not insurance or a warranty. and other expenses involved in the contract, 18% annual interest w payment in full is not received. cling the da 17. EMERGENCY CONTACT. Call 888-531-7235 ext. 9 Client Signature tre,-77a aDwi Boulder Tent & Event Rer'ifals Signature JUN 2 2 2022 } and court fees, reed i• QUOTE FOR TENT RENTALS FOR PIG AND CATTLE SHOW RINGS FOR 2022 WELD COUNTY FAIR - BOULDER TENT AND EVENT RENTALS A"RO EASJT9 SUBSTANCE: ected Of icial or Department Head APPROVED AS TO FUNDING: a . a Chief Financial Officer APPROVED AS TO FORM: taw raisx47, Corrity Attorney Hello