HomeMy WebLinkAbout20210974.tiffEsther Gesick
From:
David Springer
Sent:
Thursday, April 1, 2021 8:39 AM
To:
Esther Gesick
Subject:
1031 _001.pdf
Attachments:
1031 _001.pdf
Esther,
Good morning to you. We have a fuel leak at the Greeley fuel farm that has required us to shut down the unleaded
pumps. It will take enough time that we need an alternative fuel system. Hill Petroleum can provide a rental unit for get
us through the repair completion time. I have spoken to Legal and this needs to be approved by Commissioner Moreno,
see attached rental agreement.
David Springer
Director, Fleet Services
Weld County Government
1399 N. 17th Ave.
Greeley, CO 80631
970-400-3513
970-673-5007 cell
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e& i
2021-0974
� �� j Joao �
Hill Petroleum
Loaned Equipment
& Service Agreement
aoa i - 09-71
This Equipment Lease, Service and Indemnification Agreement (hereinafter referred to as the
"Agreement") is entered into this 3 1 day of a+..ch 20 al , by Hill Petroleum Company, Inc.,
(hereinafter referred to as "Hill") and 1pli.-td Cava 4_. Pil1t 1 J�1r (hereinafter referred to as
"Customer"). Hill and Customer are jointly the parties to this Agreement (hereinafter referred to as the
"Parties").
WHEREAS, Customer desires to purchase petroleum products from Hill and further, Hill will lease the
appropriate equipment to said Customer to be used in the sale, storage and distribution of said
petroleum products from a location/facility at 1 1 -ru\
Corte 1�, C O O39 and,
WHEREAS, Hill desires to lease to Customer the below -described equipment for the purpose of any or all
of the following: the sale, storage dispensing or distribution of petroleum products:
Tank Serial #: r 15\J ; Pump Serial #:
Description of loaned equipment: Trailer -mounted Mobile Fuel Dispensing Hill Petroleum
Unit #'5S ,VIN 1 59T f I -'cc 31$Oi, 1 .
NOW, THEREFORE, in consideration of the mutual covenants, agreements and indemnifications
contained herein, and for good and valuable consideration, the Parties agree as follows:
1. It is expressly understood and agreed that the above -described equipment and all appliances
attached thereto or used in connection therewith (hereinafter referred to as the "Equipment") are and
shall at all times remain the sole property of Hill. Hill hereby agrees to lease said Equipment to Customer
subject to the terms of this Agreement as described more fully below.
2. Customer hereby agrees to keep the Equipment in good order and repair and shall be solely
responsible for all legal and regulatory requirements, licensing fees, (except license plates), taxes or
other charges levied or imposed on or associated with the installation, existence, use, maintenance,
condition, repair, alteration, or removal of said Equipment during the term of this Agreement.
Customer is responsible for full replacement cost due to loss or damage of whatever description,
vandalism, theft, wherever found, known or unknown, discovered or undiscovered, arising out of or
resulting from the installation, existence, use, maintenance, condition, repair, alteration, or removal of
said equipment. Customer is solely responsible for obtaining necessary permits or other
authorizations and for providing legally required notification to any federal, state or local agency
arising out of or related to the installation, existence, use, maintenance, condition, repair, alteration,
or removal of said Equipment. Parts and labor warranty for any supplied equipment is eight months
from the date of this agreement. Customer is responsible for any ongoing maintenance costs of
operating the equipment after that date. Services fees may be charged for trip charges and repairs
and maintenance to said equipment. Customer understands that there may be an initial setup and
delivery fee for the loaned equipment. If Hill is required to retrieve said equipment prior to six months
of the date of execution, customer agrees to pay the standard labor rate port to port to retrieve said
equipment.
3. Labor and trip charges will be billed at $100 per hour.
4. Customer further agrees that it shall place no product into the Equipment other than that which has
been purchased directly from Hill. At no time shall Customer cause or allow, by way of its own acts or
the acts of a third party, products other than those purchased from Hill to be placed into said
Equipment. / AL
Customer Initials —
5. Lease amount for the above described equipment shall be $1,200.00 per month, each and every
month while equipment is Customer possession. Hill shall invoice Customer the first business day of
each month and Customer shall be obligated to pay Hill within credit terms granted by Hill and no later
than the end of the billing month. The first month lease amount shall be pro -rated to the number of
days remaining in the month divided by the full monthly lease amount.
6. Either Hill Petroleum or Customer may terminate this Agreement with thirty (30) days written notice.
Notice as provided for herein, shall be considered properly given as of the date of mailing if sent by
customer hereto by certified mail, duly addressed to Hill Petroleum at the address shown in paragraph
12 below. Upon termination of this Agreement by, cancellation or otherwise, Hill shall have the right at
any time after the effective date of said termination to enter Customer's property and remove all or any
part of the Equipment, using such means and for such purpose as Hill deems appropriate and suitable.
Customer shall not remove the Equipment from the above -described location without Hill's express
written consent. At the discretion of Hill Petroleum, customer or customer's subsequent supplier my
purchase said equipment at the original purchase price which is attached as an exhibit. In the event that
this Agreement is terminated by Customer within six months of the above -listed date of execution,
Customer agrees to pay all expenses incurred by Hill as a result of the delivery, installation and removal
of the Equipment at the herein referenced labor rates.
7. DELETED in accordance with Colorado Constitution, Article 11, Sec. 1.
successors
and assigns
with
respect
to all federal, state
or local
law
claims
or counterclaims,
loss or
damage
of whatever
description,
vandalism,theft,
wherever
found,
known
discovered
undiscovered,arising
out of
or resulting
from the installation,existence,use,maintenance,
or unknown,
or
condition,
repair,alteration,
or removal
of said
equipment. Said
indemnification
shall
survive
termination of this
Agreement.
Further,
Customer
hereby
forever releases,
indemnifies
arid covenants
not to sue and
agrees to
hold harmless
Hill,
and where
applicable,Hill's
directors,officers,
employees,agents,representatives,
parent,subsidiaries,affiliates,shareholders,
successors
and
assigns
with
to federal,
state or
local law
claims or
counterclaims,
loss or damage
of whatever
description,
respect all
wherever found,
known
or unknown,discovered
or undiscovered,
arising
from
customers
failure
to
maintain or operate
appropriate
secondary
containment
apparatus and/or
leak detection
equipment.
Said indemnification
shall survive
termination
of
this Agreement
8. Other than as set forth herein, no representations have been made, nor any warranties given by Hill
to Customer concerning the Equipment, neither shall any be implied.
9. It is Hill's recommendation that Customer shall install and utilize secondary containment apparatus in
conjunction with the use of the Equipment in order to prevent environmental contamination. Customer
is encouraged to obtain guidance from an accredited installation company or other engineer regarding
the design for secondary containment. Secondary containment equipment will not be supplied in the
form of loaned equipment.
10. None of the terms of this Agreement may be changed, except by a written modification signed by
all Parties. This Agreement shall be construed according to the laws of the State of Colorado. Any actions
to enforce the terms of this Agreement shall be brought in state court in the State of Colorado, County of
Jefferson. In the event that any provision of this Agreement is determined by a court to be in alid, the
remainder of this Agreement shall not be affected and shall remain in foCkstomer Initials
11. This Agreement may be executed in counterparts, all of which together shall constitute one original
Agreement. Facsimile signatures are acceptable as part of the original Agreement.
12. Notices related to this Agreement shall be directed as follows:
Hill Petroleum Company, Inc. To Customer:
6301 Ralston Rd. Weld County Fleet Services
Arvada, CO 80002 David Sprinter, Director
303-424-6262 1399 N 17th Ave, Greeley, CO 80631
970-400-3511
13. Execution of this Agreement shall effect termination of and supersede any previous agreements,
other instruments or arrangements, whether written or verbal between the Parties hereto or their
predecessors in interest relating to the Equipment above -listed or other equipment of whatever kind.
14. Customer shall obtain and furnish to Hill a Certificate(s) of Insurance listing Hill Petroleum as
additional insured, and shall have a minimum General Liability of $1,000,000 each occurrence,
Automobile Liability of $1,000,000 per occurrence and Umbrella Liability of $5,000,000 per occurrence.
15. Customer agrees to dolly the tank outriggers down on sufficient landing pads to keep the outriggers
from sinking into potentially unstable surface at the tank site.
IN WITNESS WHEREOF, an authorized representative of each Party warrants that he/she is duly
authorized to execute this Agreement and to bind the Party on whose behalf he/she is acting.
For: Hill Petroleum Company, Inc Customer: Weld County Board of Commissioners
Printed Name _ Hof Printed Nam,S eve M reno
SignatureSignature APR 0 12021
Title Title Chair (04/01/2021)
Landlord Consent and Lien Waiver
The undersigned owner of the premises upon which the above -described Equipment is installed, for
himself, his heirs, personal representatives, successors or assigns, hereby consents to the installation
and use of said equipment on the above referenced property. Furthermore Landlord for himself, his
heirs, personal representatives, successors or assigns expressly waives all right to hold levy upon said
Equipment and all appliances attached thereto or used in connection therewith, for rent or otherwise,
and hereby agrees that said Equipment shall at all times be deemed the personal property of and may
be removed by Hill Petroleum Company, Inc., its successors or assigns, or its representatives, at any time
without notice to the undersigned.
Printed Name
Signature (_I
Title n IA
Addresses /A
(Revised 07/06/15 BO)
ao&l-09-79
RE: LOANED EQUIPMENT & SERVICE AGREEMENT (FUEL SITE) - HILL PETROLEUM
APPROVED AS TO SUBSTANCE:
Set q-I-RoPt
Elected Official or Department Plead
AP�RQVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney (ajkdud 4qj ,erna►i.(�
Esther Gesick
From: Bob Choate
Sent: Thursday, April 1, 2021 11:29 AM
To: Barb Connolly; Esther Gesick
Cc: Bruce Barker; Karin McDougal; Gabe Kalousek; Chris D'Ovidio; Chloe Rempel; Cheryl
Hoffman; David Springer
Subject: RE: SIGNATURE REVIEW: Loaned Equipment and Service Agreement (Fuel Site) - Hill
Petroleum
Esther,
We need to delete section 7 (indemnification) and replace it with "DELETED in accordance with Colorado Constitution
Article 11, Section 1." I verified yesterday with Hill Petroleum Operations Manager Bryant G. this was acceptable.
Otherwise this is fine.
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: Barb Connolly <bconnolly@weldgov.com>
Sent: Thursday, April 1, 2021 11:24 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal
<kmcdougal@weldgov.com>; Gabe Kalousek <gkalousek@weldgov.com>; Chris D'Ovidio <cdovidio@weldgov.com>;
Chloe Rempel <crempel@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; David Springer
<dspringer@weldgov.com>
Subject: Re: SIGNATURE REVIEW: Loaned Equipment and Service Agreement (Fuel Site) - Hill Petroleum
Okay
Sent from my iPhone
On Apr 1, 2021, at 10:17 AM, Esther Gesick <egesick@weldgov.com>wrote:
Good morning,
Please review and advise as to placement on the Monday, April 5, 2021, Consent Agenda.
NOTE: The Chair will be signing today to ensure emergency fuel supply, with paperwork captured for the
record on Monday. Please also remember to 'Reply -All' to this email.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
Hello