HomeMy WebLinkAboutC16-120 Intermountain Sweeper IncRENTAL AGREEMENT This Truck /sweeper Rental Agreement is between Intermountain Sweeper Co. [ISC] (Owner) and Eagle County (Renter). Owner and Renter agree to the following terms: 1. Owner hereby rents the following described vehicle: One Freightliner /Tymco 60ODSTBAH Regenerative Air Sweeper (the "vehicle "). 2. This rental agreement is for a two month period, commencing upon delivery to and acceptance of the vehicle by the Renter (the "Term ") and ending on or about June 17, 2016. Notwithstanding the foregoing, the Term may be extended at no additional charge to Renter upon agreement of the parties if Renter is unable to use the vehicle during the Term due to inclement weather or vehicle mechanical problems. 3. The vehicle includes normal tires, tools, equipment, accessories and documents, and does not belong to the Renter, but is delivered to Renter for rental purposes only in new operating condition. The vehicle will be delivered by Owner to the County facility located at: 3289 Cooley Mesa Road, Gypsum, Colorado no later than April 18, 2016. 4. Owner will pick up the vehicle from the County facility on or about June 17,2016, unless otherwise agreed to by the parties. There-is no charge for pick -up or delivery of the vehicle. The Renter will return the vehicle cleaned and in like operating condition to Owner on the date agreed to by the parties. Rental equipment returned that requires cleaning will be charged an additional charge based upon condition. Minimum amount for cleaning will be $500.00. The cleaning fee for smoking in the cab will be $2,000.00. 5. The vehicle may be repossessed, at Renter's cost and without notice, if it is not available for pick -up on the date agreed to by the parties, is used in violation of this Agreement, is abandoned, if Renter has given false or misleading information regarding the rental, or Owner has reasonable concerns regarding the safety or security of the vehicle. 6. Use restrictions. Renter agrees that the vehicle will not be used (a) in a negligent, reckless, willful wanton F By: C16 -120 Ea a Coun Attorney s Office BY' X— to, rnmmissioners' Office manner, (b) while intoxicated or under the influence of drugs, (c) for any felony act including transportation of drugs or contraband, (d) to tow or push anything, (e) to carry persons or property for hire or engage in speed contests, (f) outside State of Colorado, (h) off regularly maintained roadways, (i) to carry hazardous or explosive substances, (j) to transport weight in excess of vehicle's maximum capacity, (k) for cigarette smoking inside the cab. Maximum miles not to exceed 3,000 for the length of the contract, and maximum sweeping hours not to exceed 30 per week and 240 hours total, unless otherwise agreed to by the parties. Excessive use above the maximum limits stated herein will be charged separately at $80.00 per hour. 7. Liability, collision, property damage insurance. Renter shall carry full coverage liability insurance for the vehicle, which insurance shall also cover the owner as an additional named insured. The insurance will have limits of $300,000 per occurrence and $1,000,000 policy limits, both for liability and injuries. Deductibles will be covered by the Renter. Renter will confirm insurance-coverage by sending a copy of the insurance certificate to Owner. The insurance policy will give Owner 30 days' notice of any cancellation. 8. While the vehicle is in its possession, Renter is responsible for any loss of or damage to the vehicle due to any cause whatsoever within its control, including accidental fire or acts of nature, excessive wear, poor maintenance or vandalism. Renter is responsible for cleaning the vehicle properly during use and returning the vehicle to Owner in a cleaned condition. Clean up necessary will be billed separately as set forth in paragraph 4 above. 9. Renter will not use the vehicle if it is damaged or in need of repair and shall be. responsible for all damage to vehicle resulting from Renter's use, or while in Renter's possession. Any damage that has occurred to the vehicle while in Renter's possession-will be billed separately after the vehicle is picked up from Renter. 10. Renter will pay for all parking violation fines, penalties and costs incurred while the vehicle is in its possession. 11. Renter agrees to pay the amount of $14,000.00 as rent for the vehicle during the Term and any extension thereof due to inclement weather or vehicle mechanical problems, as set forth in paragraph 2 above. Owner shall submit an invoice to Renter 2 for the rental charges following pick -up of the vehicle. Fees under this agreement shall not exceed $15,000.00 without a written amendment signed by the parties. Renter is tax - exempt. 12. Renter is solely responsible for any property left in or stored in the vehicle. 13. Renter will not permit the repair or replacement of parts on the vehicle without prior consent of the Owner. All repairs, maintenance and other work on the vehicle which are required as a result of Renter's use or operation of the vehicle will be done by the Owner, at the expense of the Renter. Renter is responsible for all expendables and wear items including brooms, curtains, fuel, filters, oils, wear liners, blower, etc. which need to be replaced as a result of its use and operation of the vehicle. The vehicle is to be returned with a full tank of fuel or pay fuel charge. 14. Vehicle Identification: TYMCO MODEL 600BAH MOUNTED ON FORD CF -7000 CHASSIS VIN- 1FVAB6BV17DX20179 S. N. - 200707SNP64669DSTBAH MILES- 36,592 HOURS- 3,009 Sweeper Engine FUEL TANK FULL 15. Notwithstanding anything to the contrary contained in this agreement, Renter shall have no obligations under this agreement after, nor shall any payments be made to Owner in respect of'any period after December 31 without an appropriation therefore by Renter in accordance with a budget adopted by the Eagle County Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 9 AGREED TO this I day of April, 2016° COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY AGE By: Brent McFall, County Manager