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Home My WebLink About20203385.tiffBarb Connolly From: Sent: To: Cc: Subject: Attachments: Jeff York Friday, November 6, 2020 2:20 PM Barb Connolly Curtis Hall; Mona Weidenkeller; Carlos Koons; Alan Widish FW: 4 Rivers Equipment Rental Contract - 410E Haul Truck (S/N 1 DW410ETCGF675469) cmfcscanner@4riversequipment.com_20201106_125644.pdf Hi Barb 4 Rivers call and said that one of the 40 ton Haul Trucks that we are renting has been sold so they are bring a replacement out in exchange. Attached is the new agreements to be signed would you be able to sign and return? Let me know if I need to do anything. Thanks Jeff York Trucking/Mining Division Supervisor Department of Public Works 1111 H Street PO BOX 758 Greeley Co 80632-0758 Cell 970-381-1403 Office 970-400-3722 Fax 970-304-6497 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. Original Message From: Alan Widish <awidish@4riversequipment.com> Sent: Friday, November 6, 2020 12:27 PM To: Jeff York <jyork@weldgov.com>; Carlos Koons <ckoons@4riversequipment.com> Subject: 4 Rivers Equipment Rental Contract - 410E Haul Truck (S/N 1DW410ETCGF675469) Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. ant cto,, t Cam- l c (et*Pf 2020-3385 e_,C,00- Good day Jeff. Please find the rental contract attached on the 410E Haul Truck being delivered this afternoon. Houston Transportation is here loading up this truck as I type this message. Please sign/date the attached and return to me when you have a moment. Thank you, Al Al Widish I Rental Manager 4Rivers Equipment 125 John Deere Drive Fort Collins, CO 80524 W: (970) 482-7154 C: (970) 567-5918 E: awidish@4riversequipment.com https://urldefense.proofpoint.com/v2/url?u=http- 3A efense. p roofpoi nt.com/v2/u rl?u=http- 3A_www.4RiversEquipment.com&d=DwIFAg&c=A8J9jb3_CIsSlatombgkDA&r=WUHFvN4HI7hUgaANd- hsf_ib0G12h3pDCEAD7xG5k_M&m=kp3ivyhQ5Unjgd8SalrzXEEU3rleXHRMF76Bj- 74M1s&s=E41SbSdWhLrGSkCb0s274-YhFo7l 1mV2ecKPdgauilA&e= Original Message From: cmfcscanner@4riversequipment.com <cmfcscanner@4riversequipment.com> On Behalf Of cmfcscanner@ Sent: Friday, November 6, 2020 12:57 PM To: Alan Widish <awidish@4riversequipment.com> Subject: Scanned image from MX-C402SC Reply to: cmfcscanner@4riversequipment.com <cmfcscanner@4riversequipment.com> Device Name: Not Set Device Model: MX-C402SC Location: Not Set File Format: PDF (Medium) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. https://u rld efense. proofpoi nt.com/v2/u rl?u=http- 3A_www.adobe.com_&d=DwIFAg&c=A8J9jb3_CIsSlatombgkDA&r=WUHFvN4H17hUgaANd- hsf_ib0G12h3pDCEAD7xG5k_M&m=kp3ivyhQ5Unjgd8SalrzXEEU3rleXHRMF76Bj- 74M 1s&s=sejR1PPcJgjeROmrigTiQZI9EArEgf9YaDcJQsppLcY&e= 2 EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE OFFICE COPY CONTRACT NUMBER 143772 LESSEE NAME WELD COUNTY CUSTOMER NO 10905 STREET ADDRESS 1111 H STREET DATE 11/6/2020 GOVT BID NUMBER DEALER ACCOUNT NUMBER 7476 CITY STATE ZIP CODE GREELEY CO 80631 LESSOR NAME & ADDRESS FORT COLLINS-4 RIVERS EQUIPMENT 125 JOHN DEERE DR FORT COLLINS CO 80524 970-482-7154 TELEPHONE 9703564000 NAME OF CONTACT JEFF YORK PHONE # 970-381-1403 PURCHASE ORDER NO 410E RENTAL PURCHASER TYPE: 4 - County MARKET USE: 49 EQUIPMENT WILL (County) (City) (State) BE USED AT WELD GREELEY CO COUNTY CODE CO123 n Advance of Use of Equlpmen RENTAL TERM Begin Date: 11/6/2020 End Date: 12/3/2020 RENTAL IS: $11,500.00 j Per - Hour Day Week 4 Week MINIMUM RENTAL GUARANTEED BY LESSEE L $0.00 ADDITIONAL CHARGES (Specify) $0.00 2% SMM or 2% DRACSMM Q 1 DESCRIP Rental Unit Make Model Model Name Eq ID PIN No Meter Reading Present Value 114522 John Deere 410E BL TG 675469 1DW410ETCGF675469 4816 $29951)0.00 Total Present Value $299,500.00 Contract Notes PLEASE RETURN UNIT FULL ON FUEL AS REFUEL RATE IS $5.75 PER GAL. IF UNIT REQUIRES DEF, PLEASE RETURN FULL AS REFILL RATE IS $8.00 PER GAL. IF UNIT REQUIRES A KEY, PLEASE RETURN WITH A KEY. MISSING KEYS ARE $25.00 EACH. CLEANING $150.00 AN HOUR. WELD COUNTY TO BE BILLED $3.75/HR FOR ALL PREVENTATIVE MAINTENANCE. TO BE BILLED MONTHLY BASED ON USAGE REFLECTED ON JDLINK. THIS DOES NOT INCLUDE DAILY INSPECTIONS, GREASING, FUEL AND DEF. 4 RIVERS EQUIPMENT WILL PERFORM ANY NEEDED PM WORK ONSIGHT. SERIAL NUMBER AND STOCK NUMBER ARE SUBJECT TO CHANGE. THANK YOU FOR YOUR BUSINESS! OFFICE COPY Lessor hereby leases to Lessee the equipment identified above ("Equipment") for the term and with the rental payments set out above. Rental payments shall be made to Lessor at the address shown above, subject to the provisions of paragraph 4 on the reverse side hereof. The Equipment will be transported to and from Lessor's place of business during the rental term at Lessee's expense. Lessee also agrees to pay any additional charges noted above upon or before receiving the Equipment from the Lessor. It is contemplated that the Equipment will be operated for not more than: NO. OF HOURS IN ANY ONE DAY NO. OF HOURS IN ANY ONE WEEK 8 40 NO. OF HOURS IN ANY 4 WEEKS 176 Lessee agrees to pay additional rental prorated at the applicable daily, weekly or 4 week rate for each hour the Equipment is used in excess of such time. The additional rent for excess hours of use will be paid at the time the Equipment is returned or, if the Equipment is leased for more than thirty days, on the first day of the month following such use. If an hour meter is furnished, (1) Lessee agrees to keep it connected to the Equipment and in good working condition at all times, and (2) it will be used as the conclusive measure of the number of hours of operation. If Lessee fails to return the Equipment by the end of the rental term, Lessee will pay additional rental, prorated at one and one-half times the normal rental, for each day that the Equipment remains unretumed. Lessee assumes all risks and liability for and agrees to hold Lessor and its assign harmless from all personal Injuries and death, property damage, suits, claims (including third party claims), losses, expenses, costs, and attorney fees, arising from or in connection with the Lessee's use, possession, entrustment to others, or transportation of the Equipment. Lessee, at Lessee's own expense, will carry general liability insurance with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate, unless greater liability limits are specified below. PER OCCURRENCE LIMIT $o.00 J PER AGGREGATE LIMIT $0.00 Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing Lessee's compliance with the foregoing requirement and name the Lessor as an additional insured on the Lessee's general liability policy upon demand by Lessor. ORIGINAL Page 1 of 2 Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of Lessor's possession. The amount of any such loss or damage will be based on the value shown above. Damage to the Equipment, other than a total loss, will not abate or excuse the making of prescribed rental payments. Lessee agrees to use and care for the Equipment in a careful and prudent manner. Lessee agrees to pay all operating and maintenance expenses while the Equipment is out of the Lessor's possession, and to make or secure any needed repairs. All repairs shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer. To the extent permitted by law, neither Lessor, its assigns, the wholesale distributor or manufacturer makes any representation or promise as to the quality, performance or freedom from defect of the Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. Neither Lessor, its assigns, the wholesale distributor or manufacturer will be liable for any incidental or consequential damages which may result from the use, performance or failure of the Equipment. Lessee acknowledges that the Equipment is of a size, design and capacity selected by Lessee and that Lessee is satisfied that the Equipment is suitable for Lessee's purposes. Lessee will return the Equipment to Lessor in as good condition as received, reasonable wear and tear excepted, by the end of the rental term. If the Equipment is not in such good condition upon its return to Lessor and Lessor elects to repair it, Lessee will pay for such repairs at Lessor's regular shop rates. Lessor may, at Lessor's option, replace the Equipment with a similar machine at any time during the rental term. Lessor will notify Lessee if Lessor intends to exercise this option, and Lessee will have three (3) business days following such notice in which to exercise the purchase option provided below or retum the Equipment to Lessor. Upon return of the Equipment to Lessor, the rental term hereunder shall terminate, and the parties will enter into a new original Rental Agreement covering the replacement machine. Such new Rental Agreement shall extend, at a minimum, for the remainder of this Rental Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the "Total Present Value" specified on this Rental Agreement, and may apply to such purchase price 0 % of all rentals previously paid. An election to purchase will be evidenced by execution of a purchase order form supplied by Lessor. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. LESSEE (Customer) - All new equipment rented hereunder was received with Operator's Manuals, and operation and servicing have been explained to me. -�- ,%%1-C. NOV 1 6 20 SIGNATURE Steve Moreno, BOCC DATE Pro -Tern CONTRACT NUMBER 143772 2 LESSOR (Dealer) - The equipment rented hereunder was set up, inspected and, if new, adjusted according to factory recommendations before delivery. Operation and servicing have been explained to the Lessee. � / ≥ // € /z4zc N TURE DATE RENTAL AGREEMENT 1. Addition of Accessories Lessee will not, without Lessor's written consent, install any accessories or devices on the Equipment if such installation will impair the originally intended function or use of the Equipment. All accessories or devices affixed to the Equipment will become the property of Lessor unless such accessory or device can be removed without in any way affecting the originally intended function or use of the Equipment. Any damage to the Equipment caused by the removal of such accessories or devices will be repaired at Lessee's expense. 2. Compliance with Regulations Lessee will comply with all laws and regulations relating to ownership, possession, use or maintenance of the Equipment. 3. Inspection Lessee will, whenever requested, advise Lessor of the exact location of the Equipment. Lessor and its representatives may, for the purpose of inspection, enter upon any job, building or place where the Equipment is located at any reasonable time. Lessor may remove the Equipment without notice to Lessee if, in the opinion of the Lessor, it is being used beyond its capacity or in any other manner improperly cared for or abused. 4. Assignment Lessee agrees that Lessor may assign this Rental Agreement and all right, title and interest of Lessor In and to the Equipment, and all sums due or to become due to Lessor hereunder (of which assignment Lessee hereby waives notice), and Lessee agrees to recognize such assignment. Lessee's obligation to pay rent under this Rental Agreement will not as to any such assignee be subject to any diminution arising out of any breach of any obligation hereunder or other liability of Lessor to Lessee. Lessee may not assign this Rental Agreement. Lessee further agrees to make rental payments directly to John Deere Construction Equipment Company ("Deere"), if Deere becomes Lessor's assignee, upon and following receipt from Deere of evidence of assignment and a written request to do so, and Lessor agrees to recognize any payment so made as satisfaction of Lessee's obligation to make that payment hereunder. 5. Default If Lessee fails to make any rental payment when due, attempts to sell or encumber the Equipment, ceases operating, institutes or has instituted against it proceedings under any bankruptcy or insolvency law, makes an assignment for the benefit of creditors or fails to comply with any other provision of this Rental Agreement, or if any attachment, execution, writ or process Is levied against the Equipment or any of Lessee's property, or if for any reason Lessor deems Itself insecure or the Equipment unsafe, Lessor may terminate the rental term hereunder by giving Lessee written notice thereof, in which event Lessee will deliver the Equipment to Lessor on demand, and Lessor may enter upon any job, building or place where the Equipment is located and take possession of it without notice to Lessee. In the event of such termination, Lessee agrees to pay all guaranteed rentals and all other rentals due, damages for any injury to the Equipment, legal expenses, costs of removal of the Equipment from the possession of Lessee, and all freight, storage, transportation and other charges incurred in such removal and return to Lessor at its place of business. The parties further agree that Deere, if Deere becomes Lessor's assignee, also may terminate the rental term hereunder and take possession of the Equipment upon any of the events specified above, including without limitation Deere's determination that its interest is insecure or the Equipment is unsafe, regardless of whether Lessor concurs in Deere's judgment or desires to terminate the rental term. The parties further agree that, in the event Deere elects to terminate the rental term, Lessee shall pay to Deere all rentals due, damages for any injury to the Equipment, legal expenses, and costs or removal of the Equipment from the possession of Lessee. 6. Construction This is an agreement for rental only. Nothing herein will be construed as conveying to Lessee any right, title or interest in or to the Equipment, except as a lessee. 7. Guaranteed Rental - Return of Equipment Provided the guaranteed rental set forth on the reverse side is or has been paid, Lessee may return the Equipment and terminate the rental term hereunder on three days notice to Lessor. 8. General Time is of the essence of this Rental agreement. Lessor's failure at any time to require strict performance by Lessee of any provision of this Rental Agreement will not waive or diminish Lessor's right thereafter to demand strict compliance with that or any other provision. Waiver by Lessor of any default will not waive any other default- This Rental Agreement may not be modified except by a written revision signed by the parties hereto. Lessee acknowledges receipt of a signed copy of this Agreement. Page 2of2 c2-0020- 3�� Hello