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HomeMy WebLinkAboutUNITED RENTALS - CONTRACT - BID - EQUIPMENT RENTALSCity of Fort Collins Equipment Rental Master Agreement 2009 This le se agreement, dated as indicated at the end of the agreement, is between � 1l a A I S (Lessor) and the City of Fort Collins, Colorado (Lessee), a body corporate and politic existing under the laws of the State of Colorado, PO Box 580, Fort Collins, Colorado, 80522, is as follows: 1.0. Agreement to Lease Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, equipment, when needed, as specified in the current City of Fort Collins annual Equipment Rental Bid. This Agreement shall remain in effect until cancelled. Either party may cancel by providing thirty (30) days written notice. 2.0 Application of Agreement This agreement is required for any individual equipment rented under the Equipment Rental Bid where the total rental costs exceed $5,000. 3.0 Entire Agreement This writing, togetherwith the Specifications contained in the current Equipment Rental Bid and the associated Purchase Order Terms and Conditions, constitutes the entire agreement between the parties, their officers, employees, agents and assigns and supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto. The Lessor may require a signed receipt, verifying actual delivery of rental equipment. 4.0 Delivery Delivery terms are FOB: Fort Collins, Fleet Services Equipment Shop at 835 Wood Street, or, if requested, Streets Shop at 625 9th Street. Delivery to other locations will be negotiated on an individual basis. At the end of the lease equipment will be returned to the delivery location for pickup unless other arrangements have been agreed to by the department representative. 5.0 Commencement and Term of Lease The obligations under this lease shall commence on the day equipment is accepted by the City of Fort Collins. The term of the lease shall be specified in the body of the City purchase order issued for each piece of rental equipment. Such lease term shall not exceed one calendar year. The Lessee has the right to terminate a rental under this agreement at any time if the equipment fails to perform as intended, or in the event of non -appropriation of funds a provided in paragraph 13, below. Lessee may renew the initial lease up to a maximum total lease term of one calendar year by specifying the renewal term on an addendum to the original purchase order. 6.0 Rental Payments Lessee may not deduct any amount or reduce any payment for any reason except for failure of the equipment to operate as intended unless the Lessor has agreed to a reduction. Payments are due within 30 days of receipt of invoice by the City of Fort Collins Accounting Department. Monthly payment amounts shall be specified in the body of the City purchase order issued for each rental covered by this agreement. 3 7.0 Location and Inspection of Equipment The equipment will be used in various locations within the City of Fort Collins and the surrounding area. Lessor's representative may inspect rental equipment, on location, at any reasonable time and may remove equipment from service, if required, for repair or maintenance, provided that replacement equipment of similar or greater capability is made available to the City at no additional charge while the original equipment is being serviced or repaired. 8.0 Maintenance and Use of Equipment The Lessee agrees, at the Lessee's expense, to maintain and return the equipment in the same condition as when delivered to it by the Lessor, ordinary wear and tear excepted. The Lessor may require the replacement of certain high -wear parts, such as crusher jaws, asphalt mill teeth, etc. Such parts shall be clearly identified in writing to the Lessee. Lessee will include the details of such parts replacement in the body of any applicable purchase order. Accessories and devices installed on the equipment by the Lessee become the property of the Lessor unless the accessories or devices are removed and any damage caused by such installation and removal is repaired at Lessee expense prior to return of equipment to Lessor. Lessee agrees not to permit the equipment to be abused, overloaded, used beyond its capacity, or used in a negligent manner. 9.0 Additional Rental Charges Lessee agrees that rental rates quoted in the Equipment Rental Bid are based on eight (8) hours per day, forty (40) hours per week (seven consecutive days equals one week), and one -hundred, seventy-six (176) hours per month. Lessee agrees to pay additional rental prorated at the applicable rate for each hour the rented equipment is used in excess of such time. Where the rental rate is based on mileage, Lessee agrees to pay the extra mileage charge specified in Lessor's response to the applicable Rental Bid. 10.0 Liability To the extent permitted by law, Lessee assumes all risk and liability for and agrees to hold Lessor and its assigns harmless from all damages for injuries or death to persons or property arising out of use, possession, or transportation of the equipment except to the extent that the same results directly from the negligence of Lessor. 11.0 Assignment Lessor may not assign this Rental Agreement or any right, title, or interest of Lessor in any equipment rented under this agreement, or any sums due from Lessee for such rentals without the written consent of the Lessee. Lessee may not assign this Rental Agreement. 12.0 Ownership This is a rental agreement. The equipment is and shall remain the property of the Lessor during the lease period. 13.0 Non -appropriation of Funds Lessee reasonably believes that it will have a need for equipment rented for the duration of lease terms negotiated under this agreement and that funds will be available and appropriated to make all rental payments during those terms. Lessee will seek funding each year as part of its Budget process. If funds to continue the leasing of equipment for any ensuing term are not legally available for such purpose, Lessee may terminate rentals under this agreement with no further liability. 14.0 Disclaimer of Warranties and Exclusion of Remedies M 22.0 Successors and Assigns All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 23.0 Notices Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: To Lessor: To the person signing this agreement on behalf of the Lessor, at the address given below. To Lessee: To the attention of Jim Hume, Buyer, at the address given below. Lessor: Company Name: r�/�fIed We,,i A! 5 City: L�l /;/►s Street: 19 U SC /��► �4 � Zip: kJsZ Phone/Fax: q76- yrJ2" By: Print Name:i�i� Title: �i►C! /1�I±n-11� Lessee: City of Fort Collins PO Box 580 Fort Collins, CO 80522 Phone 970-221-6775/Fax 970-221-6707 By: v v r-11,441 e J me B. O'Neill, II, CPPO, FNIGP Director of Purchasing and Risk Mgt.