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Home My WebLink About20141500.tiff •1861 9 t f r I WELD COUNTY MANDATORY CONTRACT PROVISIONS r (leu, Pla\c For Rental of: By execution of this Agreement, this 25day of /pj(112014, between the Board of County Commissioners, by a d on behalf of Weld County, IColorado, (hereinafter "Weld County"), and ka 4- & Ecy vt, xr k n0 , (hereinafter"Rental Company"), the parties agree that the following Mandatory Provisions constitute an integral part of the Rental Agreement executed simultaneously herewith. I. Effect of Mandatory Provisions-Priority of Interpretation: These Mandatory Provisions govern the relationship between Weld County and Rental Company. Any provision, statutory, regulatory or otherwise incorporated herein by reference which purports to negate this or any other Mandatory Provision in whole or in part shall be invalid and unenforceable in any action at law, whether by way of complaint, defense or otherwise. 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: a. The Mandatory Provision; b. The terms and provisions of the Rental Agreement;and c. 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-I01 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. Unemployment insurance benefits will be available to Rental Company and its employees and agents only if such coverage is made available by Rental Company or a third party. Rental Company shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. 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 and State 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 Page 3 of 4 &moM- t €ut2 ee: A (74 JAW t e) 2014-1500 S- 19- 20/y 05-/9-/f< g6 a 2z) 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 Wed 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. 9. Employee Financial Interest/Conflict of Interest. C.R.S. 5524-18-201 et seq. and 524-50-507: The signatories to this Agreement aver 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. During the term of this Agreement, Rental Company shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under the Rental Agreement. Failure by Rental Company to ensure compliance with this provision may result, in Weld County's sole discretion, in immediate termination of the Rental Agreement. 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. Board of County Commissioners of Weld County Approval: The Board of County Commissioners of Weld County, Colorado has appointed the Weld County Director of Public Works as its designee for purposes of executing agreements for the rental of equipment and/or vehicles, where the rental obligation is less than Ten Thousand dollars ($10,000.00) or thirty(30) days in duration. Any Rental Agreement in excess of$10,000 or thirty(30)days shall not be valid until it has been executed and approved by the Rental Company and the Board of County Commissioners of Weld County,Colorado or its designee. 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. Rental Compare eto , u : orks Dep ent, Date By: 3eA.Ant ,B.c1LH k Name: re Pry SC&ctt Title: s&Leo ruts Pr €Q I � r `Chatrm n, Board3 County Commissioners ATTLLitAtA) ;611AY 19 2014 Flo'` WELD/COUR iY CLERK TO THE BOARD aetttnel1/42 BY:VT e/4f ytii S,� ' v -� aoiy- /set w Company Brand Hourly Rental Hours Notes B&G New Holland $12.00/hour 250 hours After 250 hours a new tractor will be delivered. No maintenance costs. $3000/250 Stop at any time. hours. All warranty work. No (A little over 2 (limited) lost work time. months worth of work at 30 Replace/fix anything we hours/week for break: tires, windows. mowing) Covered under our insurance. 80% of rental to purchase. No storage over the winter. G&M Massey $23.40/hour Minimum Maintenance costs would Ferguson useage/charge be ours. One tractor for all is for 75 season. hours/month $1755/month minimum Wagner Cat $24.00/hour 100 hours per Maintenance costs would Equipment month- be ours. One tractor for all $2400/month season. minimum expense Colorado John Deere $ 50/hour 500 hours 1 or 2 year solid rental is Equipment the shortest that they will go. Our current tractors cost between $ 9 plus and $15/hour to operator Or $4967 to $7770/year. (If kept for 22 years—yearly cost is higher if kept for a shorter period of time) BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Tractor Lease—Weed Division DEPARTMENT: Public Works, Mining Division DATE: 5/7/14 PERSON REQUESTING: L Jay McDonald Brief description of the problem/issue: The Board of County Commissioners previously approved the leasing of tractors for roadside mowing for Weed Division. We received quotes from G&M Equipment, Colorado Machinery, Wagner Cat, and B&G Equipment. B&G was the low bidder. The total cost for the season will not exceed $10,000, but the duration will exceed 1 month. Therefore, the Lease Agreement must come before the Board. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Approve the lease for one season for a rate per tractor not to exceed $3.000 and a total cost not to exceed $10.000. 2. Reject the bid. Public Works will re-solicit for proposals. The rate will not likely be lower than we have secured now. Recommendation: Public Works Department recommends option 1, the approval of the lease with B&G Equipment. The County will only be responsible for normal hazard damage, fuel and diesel exhaust fluid. Approve Schedule Recommendation Work Session O er/Comments: / Douglas Rademacher,Chair PC\ l S LL-14't-r-SI Barbara Kirkmeyer, Pro-Tem \A-, Sean P. Conway Mike Freeman 1\14— William F. Garcia Gt�b M P Administration\Forms\WorkSession-passaround.doc Jay McDonald From: Tina Booton Sent: Thursday, May 08, 2014 9:12 AM To: Jay McDonald Cc: Janet Lundquist; Mona Weidenkeller • Subject: Rental Tractor Contract Attachments: mower rental contract.pdf Attached is the rental contract along with the quotes I received from the other companies. Would you like me to put this on the BOCC agenda for next Monday? I estimate that the 250 hours available per tractor will average out at 7 weeks' worth of work. So the 2 tractors will give us about 14 weeks' worth of work or about 3.5 months for a total bill of$6000. Tina Booton Weed Division Supervisor Weld County Public Works PO Box 758,Greeley, CO 80632 970-304-6496 ext. 3770 www.weldweeds.org 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. • At 301 East 8th Street-Greeley,CO 80631 EQUIPMENT INC.7 P.O. Box 1990-Greeley,CO 80632 HELPING YOU TO 970.352.2288-800.382.9204 GROW& PROSPER / www.bgequipment.com Weld County Public Works Department Attention:Tina Booton PO Box 758 Greeley, CO 80632 April 24, 2014 To whom it may concern, As per our proposal B&G Equipment, Inc. will furnish one to three tractors (Depending on Hours) for the 2014 Mowing Season.The County will not incur any maintenance costs while the machine is under base warranty(All engine oil (must be New Holland Oil), hydraulic oil,transmission fluid and filters must be purchased through B&G Equipment, Inc. in Greeley, CO).The County will be responsible for any glass damage,Tire repair, Fuel and Def. Any warranty work must be performed at the B&G Equipment, Inc. shop in Greeley, CO. The cost per Tractor will be$3OOO.The minimal hour usage will be 15O hours and maximum hour usage will not exceed 250 hours. If you have any questions or require any additional information please contact Jerry Hart. Manufacture:A U) /' ona_wd Make: /thehe l/v (I ell Model: T G . /6O Serial Number Z G 8 V o / 3 72- Thank You Jerry Hart Salesman II: 970.302.3009 email: hart@bgequipment.com cam- ‘o S& CASE I/ on Farm Equipment— Small Tractors — Positive Solutions — Exceptional Service n Hello