HomeMy WebLinkAbout20150221.tiff BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Rental of articulated mining truck
DEPARTMENT: Public Works DATE: 1/9/15
PERSON REQUESTING: L Jay McDonald
Has your commissioner coordinator/BOCC chair approved the work session? SC -Yes
Recommended length of time needed for discussion: 15 minutes
In addition to yourself and the board, please list who should attend: Don Warden, Jerry Joseph, Curtis Hall
Brief description of the problem/issue: Mining Division needs to rent an articulated truck to stockpile pit run
and other materials in preparation for the crushing operation. The rental period will be for six months. At the
end of six months we will conduct an evaluation and determine whether to turn the machine back, extend the
rental, or pursue a purchase option. We have contacted the rental companies who have these type and size
machines and have secured three quotes. The lowest is from Power Equipment Company at a rate of$11,500
per month. As long as we conduct mining operations in-house, this type machine will be needed periodically. I
have previously spoken with Don Warden about this issue and at this point I prefer rental over ownership for
several reasons.
What options exist for the Board?
1. Approve the rental from Power Equipment Company for six months at $11,500 per month
2. Do not approve the rental and pursue other options
Recommendation: We have explored other options such as contracting the stockpiling and this approach is the
most cost effective. We recommend approval of the rental.
Approve Schedule
Recommendation Work Session Other/Comments:
Barbara Kirkmeyer,Chair ?<-'
Mike Freeman, Pro-Tern —ONE-
Sean P. Conway
Julie Cozad
Steve Moreno
M:C Administration\Forms\WorkSession-passaround.doc
etwwant d.v 2015-0221
l l 9- 15 tG OO72
Articulated Truck Rental
The Mining Department is in need of a 40 ton articulated haul truck. We would be using this for multiple
job functions. It would be very beneficial in moving materials for, stockpiling, reclamation, moving over
burden and pre-position material. I fill we could keep it in an operating mode with our new excavator to
move tons of material.
Quotes per equipment companies: �(-742 G*iradt n-e_k_.
4- Rivers Equipment-Carlos Koons 970-482-7154- Rate is$.147.406-:00-per month.
Wagner Equipment Co.- Mary Nally 970-278-1750- Rate is$20,150.00 per month.
Power Equipment Co- Jim Koeltzow 970-231-2264-Rate is $11,500.00 per month with an option for
purchase.
Jerry Joseph
Weld County Public Works Supervisor
Trucking and Production Supervisor
I2WI 1/7/2015
EQUIPMENT COMPANY warm.,ca?
www.power-equip.com
PROPOSAL
Proposal#13158
TO:WELD COUNTY ATTENTION:Jerry
P.O. BOX 758
GREELEY,CO 80631
QUANTITY OF ONE:
Make:VOL
Description:A40G
Serial Number:
Stock Number: 2O944
Model: A40G
Hours: 450
Year: 2014
Warranty Expires 8-19-18
Volvo A40O Articulated Hauler
MI 2925R25 XADN 2008 �crwer
6 pc rims for 299,,55 R25
Fr mudguard-775/65&29.5R25 EQUIPMENT CONAPVANY
Rear mudflaps?80 series tires
Engine D16H-A(Tier 4i) Jim Koeltzow
Engine Heater 120V Sales Representative
Delay engine stop
Exhaust system body heat Greeley Branch Office:(303)288-6801
Air Conditioning 8806 E Us Hwy 34 Cell: (970)231-2264
Radio with CD-player Johnstown.CO 80534 Fax:(303)288-6809
Armrest
ACC jkoeltzow@power-equip.com
control panel, F-scale
Radio kit 20A
Pricing Summary
Operators seat, air susp, KAB
Back-up alarm Sale Price $549,596
Rear view camera color --- —'
Front work lights, roof mount Garanteed 6 Month Rental
Electrical hood opening
CareTrack hardware $11,500 A month, 100% of the
CareTrack 3 yr subscription _— ---- ---- ;
Accumulator cold climate rental payments would go to the
Overhung tailgate purchase price less the 8% incurred
Exhaust body heating
interest.
Total Price $549,596
RENTAL PURCHASE OPTION: Power Equipment Company will rent the subject piece of equipment with an option to purchase. 100%of the rent,less
interest,will apply to the purchase price for a maximum period of six months;80%of the rent,less interest,will apply in months seven through nine;
60%of the rent,less interest,will apply in months ten through twelve.The option to purchase will terminate after the twelfth month unless otherwise
noted.All prices subject to applicable taxes and freight.This Quote is valid for thirty(30)days unless otherwise noted;subject to prior sale.
FOB:Power Equipment Yard
EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS: Customer is skilled and experienced in use and operation of
machinery of the type described in the quotation and will make his selection and decision to order on the basis of his own judgment.SELLER DOES
NOT MAKE ANY WARRANTY OF MERCHANTABILITY NOR ANY OTHER WARRANTY EXCEPT THOSE SPECIFICALLY STATED.THIS STATEMENT
BECOMES A PART OF ANY PURCHASE.
WAGNEREQUIPMENT CO. MAIN FACILITY
IJJN64CNER C T 18000 Smith Rd., Aurora, CO 80011 (303) 739-3000 (877) 654-1237
Burlingtee,00 Colo Ouraago,co Grand Jot..c0 Hayden,CO Peablo,t0 oindeos,CO
1719)346-7190 5prings.CO 1970)259-x001 1170)242-2534 (9701276-3791 1719)544-4433 (970)279-1750
(719)615-1569
Albuguarmoa,ml Pennington.301 Hobbs,m1 Ii PYe,= LY Creta,xe
(505)345.5411 (505)327-3331 1575)393-2141 1915)821-7651 1573)647-9700
Rental Agreement
RENTED TO: WELD COUNTY SHIP TO:
FLEET MAINTENANCE
1399 N 17TH AVE
GREELEY CO 80831
CONTACT: PHONE:
12/30/14 V37621 84757 �y 08 0 002 2 1ct, �
B ,. 1 R Q y pm , „ war 4,4notonHr!x
CDNo: 426001 MODEL: 7408 2013 1.0 2,260.00 6,740.00 20,150.00
)Esc: 740 ARTICULATED TRUCK s/N: 0T4R01533 PIN: *CAT07408KT4R01533*
SHIPPED DATE : 12/30/14 EXPECTED RETURN DATE: 99/99/99
INVOICE START: 12/30/14 METER OUT: 1,746.0
METER OUT WILL BE UPDATED AFTER DELIVERY
ALL UNITS DELIVERED FULL OF FUEL MUST BE RETURNED
FULL OF FUEL OR INCUR A FUEL CHARGE
***Customer agrees to promptly advise Rental Plat if unit is moved to another project and to provide aesaseary information retarding any location obaaVI.*••
OSNTAL EQUIPMENT PROTECTION MAINTENANCE
Rental Equipment Protection will be automatically Additional PM Contact Information
charged in the absence of proof of insurance greater
than or equal to the value of the rental equipment. Wagner to do Service?
Rental Equipment Protection may optionally be PM Contact:
purchased by customers in lieu of using the customers
existing insurance policy.
Phone:
Rental Equipment Protection is charged at 164 of
gross equipment rental charges on every applicable Email:
agreement invoice. See paragraphs for Rental Equipment
Protection and Insurance on the second page of this Credit Approved by:
iocument for details.
Allowed Hours
Day - a hours Maximum
Week - 4D hours / 7 days Maximum
I i6JIIature Out:
4 Week - 176 hours / 4 Week 28 Day Maximum
Y SIGNING THIS IGRSSIm)T, THE DNDERBIOWE) EO(PLOYEE OF LESSEE
CEBOWLED6E8 THE SQDIPMENT BAB BEED RECEIVED IN GOOD REPAIR AED Special Month - hrs / 4 Week 28 Day Maximum
PERATIN0 CONDITION, IB BDITABLB FOR THE PURPOSE ORDEBID, ACCEPTS Any usage, of the described equipment, outside of the allowed
BB DESCRIBED SQUIPNEDT AND TEE TERMS AND CONDITIONS STATED ON THE hours stated above will incur Overtime charges per hour equal
R01Ff AND REVERSE SIDES 07 THIS CONTRACT AS AUTHORIZED ALERT FOR to the standard monthly rate divided by 176 hours.
ESSER.
134171A111E17, EQUIPMENT LEASE
EQUIPMENT COMPANY ( ;? With Option to Purchase
The following Lease is made by and between Power Equipment Company(Owner)whose address is 500 E.62nd.Avenue,P.O.Box 28,Denver,CO 80201 and
WELD COUNTY(Lessee),whose address is:P.O.BOX 758,GREELEY,CO 80631
1. Lease: Owner agrees to lease the Customer the following items(the"Equipment")subject to the terms and conditions set forth below.
Stock# Year Make Model Serial Number Rental Rate Equipment Value
20944 2014 VOL A40G A40GC00340179 $11,500.00 $549,596.00
Rental Total: $11,500.00
per Month
2.JOB LOCATION:The Equipment shall be used at the following job location,unless otherwise agreed to in writing by Owner.Job Location:Gravel Pits in Weld
County,Greeley,CO 80,Weld County County
3.LEASE TERM:The term of this lease shall commence on the date of delivery,currently scheduled for Monday;January 19,2015,and shall continue until
terminated by customer.
4.RENT:Lessee agrees to pay rent to Owner at the above address for the Equipment in Monthly Installments of$11,500.00,net due upon receipt of invoice.
5. HOURS OF OPERATION:Customer agrees to operate the Equipment no more than 176 hours per month.If the Equipment is operated more than the stated
hours,Lessee agrees to pay additional rent of S65.34 per hour or part thereof.Lessee agrees to notify Owner in writing of all such excess hours within 30 days
after such hours are accrued.Such additional rent is due net upon invoice.
6.DELIVERY AND POSSESSION:Lessee shall take possession of the Equipment at the Denver,CO facility of Power Equipment Company and shall pay all
charges for loading,unloading,and transportation of the Equipment to the job location and its return to Owner's possession at the Owner's location.Lessee shall
inspect the Equipment within forty-eight hours after taking possession.Unless Customer within that time gives written notice to the Owner specifying any
objection to the Equipment,it shall be conclusively presumed that the Lessee has fully inspected the Equipment,has found the Equipment in good condition and
repair,and has accepted the Equipment.
7.ADDITIONAL RENT: If the Equipment has not been returned to Owner at the expiration of the term,Lessee agrees to pay rent from the expiration of the term
until the Equipment is delivered to Owner's possession.Such rent shall be computed and paid on a monthly basis,at the same pro rata rate and upon the same
terms as the original term of this Lease.
8. USE:Lessee shall:(a)Use the Equipment in a careful and proper manner,and not permit the Equipment to be neglected or abused or to be used for any
purpose for which it is not designed or intended;(b)Comply with all laws,ordinances and regulations relating to the transportat on,possession,use,or
maintenance of the Equipment,(c)Keep affixed ail Owner or Manufacturer supplied labels,plates,warning or other markings it a proper and appropriate place
on the Equipment;(d) Cause the Equipment to be operated by trained and competent employees only,knowledgeable in the function,operation and all safety
features of the Equipment;and(e)Pay all expenses of operation.
9.REPAIR AND MAINTENANCE:Lessee agrees to keep the Equipment in good repair and perform all manufacturers recommended periodic maintenance at
V/'K,Lessee's sole expense,-and to reture-the Equipment in good repair and at the termination of this Lease.For the purpose of this Lease,"good repair"shall mean
in full operating condition and working order,with all ports of the Equipment in the substantially equivalent condition as when-the-Equipment was delivered to the
Lessee.Lessee et its sole expense shall repair or replace enyand all parts,meohoniomo,or devices required to keep the Equipment in good repair.-Any
replacement parts incorporated into the Equipment shell immediately become-the property-of-the-Owner.4n-the-event the Equipment for any reason is not in good
repair when returned to tho Owner,Lessee agrees-to-pay all reasonable charges and expenses incurred by the Owner in repairing the equipment.
10.ADDITION OF ACCESSORIES:Lessee will not,without the written consent of the Owner,install any accessories or devices on the Equipment if such
installation will impair the originally-intended function or use of the Equipment.Such items installed on the Equipment shall automatically become the property of
the Owner unless such item can be removed without in any way affecting the function,use or appearance of the Equipment.Any damage to the Equipment
caused by the removal of such items shall be repaired at Lessee's expense.
11.PERSONAL PROPERTY:The Equipment is,and shall at all times remain,personal property.If all or any part of the Equipment is attached to,imbedded in or
permanently resting upon any real property or any building thereon,or attached in any manner to what is permanent,by means of cement,plaster, nails,bolts,
screws or otherwise,the Equipment shall nonetheless remain personal property.
12.INSPECTION BY OWNER:Lessee shall.whenever requested,advise Owner of the exact location of the Equipment.Owner and its representatives may,for
the purposes of inspection,at ail reasonable times,enter upon any job,building or place where the Equipment is located.Owner may remove the Equipment
without notice to the Lessee if,in the opinion of the Owner,the Equipment Is being used beyond its capacity or in any other manner improperly cared for or
abused.
13.TITLE,ASSIGNMENTS,AND ENCUMBRANCES:All of this Equipment shall remain personal property and title thereto shall remain in Owner exclusively.
Neither this Lease,nor the Lessee's rights hereunder shall be assignable except with the Owner's written consent.Lessee shall not lease,sublease,mortgage or
otherwise encumber or part with possession of the Equipment or any part thereof,except with the written consent of the Owner.Lessee shall keep the
Equipment free from any and all liens and claims,and shall not do or permit any act or omission whereby Owner's title or rights may be encumbered or impaired.
Lessee agrees to pay all license fees and taxes applicable to the Lease,other than income taxes and personal property taxes and license fees on the
Equipment.The Lessee shall also provide all permits,if any, necessary for the installation,movement and operation of the Equipment or any parts thereof.
14.WARRANTIES:It is expressly agreed that, except as stated below,THE OWNER HAS MADE AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AS
TO ANY MATTER WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE CONDITION OF THE EQUIPMENT,ITS MECHANTABILITY,OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE.ANY DEFECT IN,OR UNFITNESS OF THE EQUIPMENT SHALL NOT RELIEVE THE LESSEE FROM THE OBLIGATION
TO PAY RENT OR ANY OBLIGATION UNDER THIS LEASE. Lessee represents that it is skilled and experienced In the use and operation of the Equipment,
and makes the selection and decision on whether to lease on the basis of Lessee's own judgment,without reliance on any statements or representations by
Owner.It is expressly agreed that Lessee shall take the equipment as is,except as stated herein.It is further agreed that Owner extends no warranties or
guarantees for new Equipment.Owner shall extend and transfer unto Lessee all of the vendor's warranties and guarantees,if any,for new Equipment.
Notwithstanding any failure of the vendor to honor any warranty or guarantee,Lessee agrees to maintain the Equipment in good repair,as described herein,and
to make all rental payments required herein.
15.INSURANCE:During all times the equipment is in Lessee's possession. Lessee shall keep the Equipment insured against all risks of loss or damage from
every cause whatsoever for not less than the full replacement value of the Equipment as determined by Owner, and shall carry public liability,contractual liability,
and property damage insurance covering the Equipment,its operation and use.All such insurance shall be in the form and amount and with companies approved
by the Owner, and shall designate Owner and Lessee as insureds under such policy.Lessee shall pay the premium for such insurance,and shall deliver to
Owner a copy of such policy or a certificate of insurance executed by the insurer prior to taking possession of the Equipment.Such policies shall explicitly
provide that the insurer shall give Owner thirty days written notice before the policy in question shall be altered or canceled.The proceeds of such insurance,at
thA nntinn nf tha rl,unc.r ehall ha annliori•fal tnwarri tha ranlnrnntant ractnratinn nr ranair nf lba Fn,,inmant nr fhl fromarri naumant of tha nhlinatinnc of tha
Customer hereunder. If,within ten days following notice by the Owner to the Lessee,the Owner has failed to receive policies or certificates of insurance in
accordance with this paragraph,the Owner shall,at Owner's option, have the right to(a)declare this Lease in default and exercise its remedies as set forth
below,or(b)procure such insurance,in which event Lessee shall reimburse Owner for the cost of procuring insurance,which amount shall be payable in its
entirety on the next rental payment date or within thirty days,whichever is sooner.
16.INDEMNITY:The Lessee shall indemnify the Owner against,and shall hold the Owner harmless from, any and all claims,actions,suits,proceedings,costs,
expenses, damages,and liabilities,including attorneys'fees, arising out of,connected with or resulting from the Equipment, including without limiting the
generality of:the manufacture, selection,delivery,possession, use,operation,or return of the Equipment.
17.DEFAULT: If Lessee fails to perform any obligation required herein or to pay any sum when due,or if an attachment is levied against the Equipment or
attempted by a creditor of the Lessee,or if the condition of the affairs of the Lessee or any guarantor changes so as to, in the sole opinion of the Owner,
significantly increase the Owner's risk of loss,the Owner shall have the right to exercise one or more of the following remedies:(a)To declare the entire amount
of rent hereunder immediately due and payable as to any and all items of Equipment,without any notice or demand to the Customer; (b)To sue for and recover
all rents, and other payments then accrued,or thereafter accruing with respect to any or all items of Equipment;(c)To take possession of the Equipment,without
demand or notice,wherever the same may be located,without any court order or other process of law.The Lessee hereby waives any damage occasioned by
such taking of possession.Such taking of possession shall not constitute a termination of this lease unless the Owner expressly so notifies the Lessee in writing;
(d)To terminate this Lease to any or all items of Equipment;(e)pursue any other remedy at law or in equity.Notwithstanding any such repossession or other
action,which Owner may take,the Lessee shall remain liable for the full performance of all obligations under this Lease. In the event Owner regains possession
of the Equipment, Owner may relet the Equipment for a term and at a rental which may be equal to,greater than,or less than the rental and term herein
provided.Any rental payments received under the new Lease for the period prior to the expiration of this Lease, less Owner's expenses of taking possession,
storage, reconditioning and releasing,shall be applied on Lessee's obligations here-under,and Lessee shall remain liable for the balance of the unpaid
aggregate rental set forth above.Lessee's liability shall not be reduced by reason of any failure of the Owner to relet.Lessee hereby agrees to pay all expenses,
including all attorneys'fees and expenses,which may be incurred by Owner in enforcing this agreement, or in collecting the rent provided herein, or in
repossessing the Equipment.
18.INTEREST AND ATTORNEY'S FEES:In the event that any amount due under the terms of this Lease is not paid when due, Lessee agrees to pay Owner,in
addition to all amounts due,interest at the rate of 24%per annum,together with all costs,expert witness fees,and reasonable attorneys'fees incurred in
collection these amounts.
19.CHOICE OF LAW AND FORUM:This agreement shall be enforced and construed pursuant to the laws of the State of Colorado.Any action to enforce,
interpret, construe,or collect damages under this Lease, or for any claims arising our of the manufacture, sale,selection, use,operation,maintenance,or repair
of the Equipment,shall be brought in the District Court for the City and County of Denver, Colorado. Owner and Customer, and any guarantors of this Lease,
hereby agree to the jurisdiction of such court.
20.GENERAL CONDITIONS:(a)Time is of the essence to this Lease. (b)Owner's failure at any time to require strict performance by Lessee of any of the
provisions of this Lease shall not waive or diminish Owner's right thereafter to demand strict compliance therewith or with any provision.(c)Waiver of any default
shall not waive any other default. (d)Any alteration or modification of this Lease shall be in writing and signed by the Owner and Lessee.(e)This Lease
constitutes the entire agreement of the parties,and supersedes all prior representations or agreements between the parties.
21.OPTION TO PURCHASE: (a)At any time during the term of this Lease,Lessee shall have the option to purchase the Equipment for the price of$549,596.00
together with the higher of simple interest on this amount at the rate of 3%over the floating prime rate of JPMorgan-Chase or 8.00%.b)The price shall also
include all charges for repairs to the Equipment made by Owner, at Owner's standard rates for such parts or services.(c)If option to purchase is exercised,
Lessee shall be given a credit against this price for Term Rent paid by Lessee as defined in(d.1), (d.2),and(d.3),and interest shall be computed on the
declining balance of the price.(d)So long as this option is exercised during the Term,the price shall be reduced by the following amounts:(d.1)100%of all Term
Rent paid by Lessee and received by the Owner during or prior to the sixth month of the Term;(d.2)80%of all Term Rent paid by Lessee and received the
Owner during seventh,eighth or ninth months of the Term;and(d.3)60%of all Term Rent paid by the Lessee and received by the Owner during the tenth,
eleventh and twelfth months of the Term. (e)This option to purchase shall terminate at the end of the term of this lease. Lessee shall thereafter have no right to
purchase the Equipment, nor will Lessee be entitled to any credit or other consideration for rent paid.
22.OTHER CONDITIONS:Guaranteed 6 month rental as per quote on 1-7-2015
Power�quipment Company, Owner WEL COUNTY, L ee
By: /pt.( � By; ✓Y -
Barbara Kirk eyer
Title: ,C,At4F, /--" Title: Chair, Board 9f Weld County Commissioners
Date: / — /'`T-...2O/S Date: 01-19-2015 Customer PO:
020/5- b /
Is61 ay-
'It I'll — i WELD COUNTY MANDATORY CONTRACT PROVISIONS
For Rental of)/44-/c-cki A-1-c l /r l I,l A cc /v v1/4“k
By execution of this Agreement,this t`r day of Tah,2015, between the Board of County Commissioners, by and on
beh if of Weld County, Colorado, (hereinafter "Weld County"), and
cuu Et,..itonCOI Go+-+pCh , (hereinafter "Rental Company"), the parties agree that the
following Mandatory Provisions constitute an integral part of the Rental Agreement executed simultaneously
herewith.
1. Effect of Mandatory Provisions-Priority of Interpretation: These Mandatory Provisions govern the
relationship between Weld County and Rental Company. Any provision of the Rental Agreement rendered null and void by
the operation of any of these Mandatory Provisions shall not invalidate the remainder of the Rental Agreement and the
Rental Agreement together with these Mandatory Provisions shall remain in full force and effect to the extent it remains
capable of execution. Should conflict in any provisions of the Mandatory Provisions and the Rental Agreement and any
exhibits thereto be identified, the priority of interpretation of the Agreement shall be as follows: 1). The Mandatory
Provision;2)The terms and provisions of the Rental Agreement;and 3)Any Exhibits.
2. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available. By execution of the Rental Agreement,
Weld County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year.
3. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4. Independent Contractor: Rental Company shall perform its duties hereunder as an independent contractor and
not as an employee. Rental Company shall be solely responsible for its acts and those of its agents and employees for all
acts performed pursuant to this Agreement. Neither Rental Company nor any agent or employee of Rental Company shall
be deemed to be an agent or employee of Weld County. Rental Company and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or
otherwise provide such coverage for Rental Company or any of its agents or employees. Rental Company shall not have
authorization,express or implied,to bind Weld County to any agreement, liability or understanding, except as expressly set
forth in this Agreement.
5. Compliance with Law: Rental Company shall strictly comply with all applicable federal, state, and local laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and
unfair employment practices.
6. Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the Rental Agreement. Any provision included or incorporated
therein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal
dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve any dispute.
7. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or
person. Any provision to the contrary in the Rental Agreement or incorporated herein by reference shall be null and void.
8. No Liability for Damage/Defect not Caused by Weld County: Notwithstanding any provisions to the contrary,
Weld County shall only be liable for damages or defects in the equipment or vehicle arising during the terms of the Rental
Agreement which arise solely on account of Weld County's negligent use of the equipment or vehicle. Rental Company
shall indemnify, defend, and hold harmless Weld County against all damages and claims arising from defects of the vehicle
or equipment.
9. Employee Financial Interest/Conflict of Interest. C.R.S. SS24-18-201 et seq. and 624-50-507: The signatories
to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest
whatsoever in the service or property which is the subject matter of the Rental Agreement. Rental Company affirms that it
has no interest and shall not acquire any interest direct or indirect that would in any manner or degree with the performance
of Rental Company's services and Rental Company shall not employ any person having such known interests.
Rental Agreement Mandatory Provisions Page 1
(January 13,2015)
10. Taxes and Fees: Weld County is a governmental non-profit entity. Rental Company shall be solely responsible
for the payment of all taxes, governmental assessments and/or registration fees imposed by other governmental entities;
Weld County shall not be responsible for the payment of said taxes,assessments, or registration fees.
11. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the
terms and conditions of the Rental Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in the Rental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in the Rental Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits under the Rental Agreement shall be an
incidental beneficiary only.
12. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and Rental Company, concerning
this Agreement, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees
and/or legal costs incurred by or on behalf of Rental Company.
13. Warranty: Rental Company shall warrant that the vehicle or equipment is merchantable, of good quality, and
free from defects,
14. Non-Assignment: Rental Company may not sell, assign or transfer this agreement or any interest therein or claim
thereunder without the prior written consent of the County.
15. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other Rental
Companies or persons of the same or similar nature.
16. Interruptions:Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its
reasonable control, including but not limited to Acts of God, fires, strikes,war, flood, earthquakes or Governmental actions.
The parties hereby agree that the provisions contained herein shall be a part of the Rental Agreement to which they are
appended and shall be given full force and effect.
17. Termination: County has the right to terminate this Agreement, with or without cause on thirty(30)days written
notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of
the Agreement.
l�OW-a.n— y' ,.2E/S�
Rental omppapy Date
By: *(�'/ -
N e: �i,cr,y�na/743O"-1
Title: �.ceh
WELD COUNTY:
ATTEST: COUNTY OF WELD,a political
Weld County Clerk to the Board subdivision of the State of Colorado
By: See Attached Page By: See Attached Page
Deputy Clerk to the Board Barbara Kirkmeyer,Chair
Board of Weld County Commissioners
Rental Agreement Mandatory Provisions Page 2
(January 13,2015)
ATTEST: diddsoll �•�' BOARD OF COUNTY COMMISSIONERS
Weld - •'my Clerk to the : ';r• WELD COUNTY, CO ORADO
BY. A.. ..../a�-
Deputy C' rk to he =��.rd arbara Kirkmeys r, Chair N 1 9 2015
APPROVED AS TO FUNDING -. -t"' APPROVED A STANCE:
ealAili
Controller El icial or Department Head
APPROVED AS TO FORM: N//-I
gatc Director of General Services
County At orney
02.6/%5- Doti/
Jerry Joseph
From: Carlos Koons[ckoons@4riversequipment.com]
Sent: Monday, December 22,2014 2:57 PM
To: Jerry Joseph
Subject: Rental Rates for 40 Ton Haul Trucks
Hi Jerry—
Our normal rate for a 40 Ton Haul Truck is$18,000.00. We give 20%off the our governmental customers. This would
make it$14,400.00 per month.
Thanks. Please call with any questions.
Carlos
Carlos Koons I Territory Manager
4 Rivers Equipment—Fort Collins
W: (970) 482-7154
C: (970)301-0605
E:ckoons@4riversequipment.com
www.4RiversEquipment.com
Infacebook
O
JOHN DEERE
The information contained in this transmission may contain privileged and confidential information.It is intended only for the use of those persons listed above.If you are not the
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Jay McDonald
From: Carlos Koons <ckoons@4riversequipment.com>
Sent: Friday, January 09, 2015 1:30 PM
To: Jay McDonald
Cc: Miles Kaplanides
Subject: FW: 40 ton articulated truck
Good afternoon Jay—
I apologize for the delay. Please see my managers reply. I believe my original quote was for$14,400.00 as I usually
extend a 20%discount for municipal and governmental rentals.
Per my manager we can extend a monthly rental rate of$12,500.00 for a 6 month guarantee with a max of 8 months.
This program is subsidized from the manufacturer.
We have a machine in our El Paso location that is available. We would bring this machine to Colorado for this rental.
Availability always becomes a concern. If this works for you and this is in the near future please let me know and we will
get trucking scheduled.
Thanks you and please call with any questions.
Carlos
Carlos Koons I Territory Manager
4 Rivers Equipment—Fort Collins
W: (970)482-7154
C: (970) 301-0605
E: ckoons@4riversequipment.com <mailto:ckoons@4riversequipment.com>
www.4RiversEquipment.com <http://www.4riversequipment.com/>
<http://www.facebook.com/4RiversEquipment>
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Description:cid:imageOO2.gif@O1CF1CFF.CO89AC8O<http://www.deere.com/>
From: Miles Kaplanides
Sent: Friday,January 09, 2015 8:27 AM
To: Carlos Koons
Subject: RE:40 ton articulated truck
Carlos—So this is what I see:
You quoted a 410E at$18000 less 20%or$14,440.00/mo.
If I do the governmental Rental Program with a guaranteed 6 Months—we can do$12,500.00/mo. For a maximum of 8
Months.
Miles A. Kaplanides I Store Manager—Fort Collins
4Rivers Equipment
W: (970)482-7154
C: (970)218-9530
E: mkaplanides@4riversequipment.com<mailto:mkaplanides@4riversequipment.com>
www.4riversequipment.com <http://www.4riversequipment.com/>
www.TractorsBigandSmall.com <http://www.tractorsbigandsmall.com/>
Google virtual tour for 4 Rivers Equipment(click on this link to view).
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105.005178&sp n=0.004302,0.009645&sI 1=40.586054999999995,-
105.005821&laver=c&cid=5041267700587127686&panoid=vzI6KKpDLCAAAAGuxVS oA&cbp=13,301.16„0.3.8&t=m&z=
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4 Rivers Equipment
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827&type=1>
<http://www.facebook.comi4RiversEquipment>
From:Carlos Koons
Sent: Friday,January 09, 2015 7:23 AM
To: Miles Kaplanides
Subject: Fwd:40 ton articulated truck
Miles. Please see the email from Jay McDonald. I had originally quoted them 20%discount.
Carlos Koons
4Rivers Equipment-Fort Collins
m. (970) 301-0605
Sent from my iPhone
Begin forwarded message:
From:Jay McDonald <imcdonald@co.weld.co.us>
Date:January 8, 2015 at 3:10:32 PM MST
To: "ckoons@4riversequipment.com" <ckoons@4riversequipment.com>
Subject: 40 ton articulated truck
Carlos, if we commit to a 6 month rental, would that affect the monthly rate?
Thank You
L Jay McDonald
Public Works Director
Public Works Department
Weld County, CO
(970) 304-6496
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