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HomeMy WebLinkAboutC22-137 Intermountain SweeperRENTAL AGREEMENT This Truck/sweeper Rental Agreement is between Intermountain Sweeper Co. [ISC] (Owner) and Eagle County Government (Renter). Owner hereby rents the following described vehicle: One Freightliner/Tymco 600BAH Regenerative Air Sweeper. This rental agreement is for a minimum of two consecutive months, which will be charged, even if returned earlier than contracted for. Owner and Renter agreement to following terms: 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 excellent operating condition. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE VEHICLE COVERED BY THIS AGREEMENT. 1. The Renter will return the vehicle cleaned and in like operating condition to Owner upon the date specified or upon Owner's demand, whichever occurs first. Rental equipment returned that require cleaning will be charged an additional charge based upon condition. Minimum amount will be $500.00. Smoking in the cab charge will be $2,000.00. 2. The vehicle may be repossessed, at Renter's cost and without notice, if it is not returned on its due date, is illegally parked, is used in violation of this Agreement, appears to be 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. 3. Use restrictions. Renter agrees that the vehicle will not be used (a) in a negligent, reckless, willful or wanton 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) cigarette smoking inside the cab. (l) Maximum miles not to exceed 3,000 for the length of the contract, and maximum sweeping hours not to exceed 120 per month and 240 hours total. Excessive use will be charged separately at $80.00 per hour. DocuSign Envelope ID: B8E00B0C-40A2-4AAE-9845-9ABC384E67E6 5. 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, but in no event will exceed $1000. Renter will confirm insurance coverage by sending a copy to owner. The insurance policy will give owner 20 days’ notice of any cancellation. If the unit is damaged in an accident and unusable, rent will continue until unit is back in service or unit paid for if totaled. Purchase option is rescinded if unit is involved in an accident. Agreed Unit replacement value is $155,000.00. 6. Renter is responsible for any loss of or damage to the vehicle due to any cause whatsoever, including accidental fire or acts of nature, excessive wear, poor maintenance or vandalism. Renter is responsible for Daily cleaning the unit properly during use and returning unit in cleaned condition. Clean up necessary will be billed separately. Renter agrees to clean the unit daily after use and to properly store the unit with an empty clean hopper and hopper doors open. 7. 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 while in renter’s possession will be billed separately when vehicle is returned. 8. Renter will pay for all parking violation fines, penalties and costs incurred while the vehicle is rented. 9. Renter agrees to pay the amount of $9,500.00 per month (or any portion thereof) as rent for the vehicle with delivery and pickup charges. Applicable taxes will also be paid by renter. The rent is due on the dates indicated at the beginning of the month, in advance. Renter also agrees to pay for all late fees, collection costs, including reasonable attorney fees, if charges are not paid when due. Renter agrees to pay any taxes and licensing fees should the unit need to be licensed for their application. Fees under this agreement shall not exceed $20,000.00 without a written amendment signed by the parties. Renter is tax-exempt. 10. Renter is solely responsible for any property left in or stored in the vehicle. DocuSign Envelope ID: B8E00B0C-40A2-4AAE-9845-9ABC384E67E6 11. Renter will be deemed to be in unlawful possession of the vehicle if rental payments are not made and to have authorized the issuance of arrest of the Renter or any other person possessing the vehicle if it is not returned within 48 hours of a written or oral demand for return. 12. 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 will be done by the owner, at the expense of the renter. Renter is responsible for all maintenance costs of any kind and all expendables and wear items including brooms, curtains, fuel, filters, oils, wear liners, blower, etc.. This includes the renter making arrangements for monthly preventative maintenance called for by the manuals, or normally considered reasonable, such as changing oil, changing air filters, checking fluid levels, caulking liners. Maintenance records to be kept on any service performed by the renter. Unit to be returned with full tank of fuel or pay fuel charge. 13. 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). TYMCO MODEL 600BAH MOUNTED ON Freightliner Cab over CHASSIS VIN– 1FVAB6BVX7DX20133 S.N. 200701SNP68667BAH MILES- 125,163 HOURS- 5,830 Sweeper FUEL TANK FULL DocuSign Envelope ID: B8E00B0C-40A2-4AAE-9845-9ABC384E67E6 AGREED TO this ___________________. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager INTERMOUNTAIN SWEEPER CO. (ISC) By:_____________________________ Name: __________________________ Title: _________________________ DocuSign Envelope ID: B8E00B0C-40A2-4AAE-9845-9ABC384E67E6 Mike Ker Branch Manager 4/4/2022