HomeMy WebLinkAboutRESPONSE - BID - 7227 EQUIPMENT RENTAL BID 2011City of Fort Collins
Equipment Rental Master Agreement
2011
This lease agreement, dated as indicated at the end of the agreement, is between
Enterprise Leasing Company of Denver, LLC (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, together with 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 forfailure 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.
BID 7227 - Equipment Rental Page 18 of 21
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.
BID 7227 - Equipment Rental Page 19 of 21
14.0 Disclaimer of Warranties and Exclusion of Remedies
Lessee acknowledges that the Lessor is not the manufacturer of the equipment nor the
manufacturer's or vendor's agent. Accordingly, with the exception of express warranties made by
the Lessor to Lessee, all warranties and remedies, whether they be expressed or implied,
specifically including, but not limited to, the warranties of merchantability and fitness fora particular
purpose, and remedy of incidental and consequential damages, are excluded.
15.0 Insurance
Lessee is self -insured in accordance with the laws of the State of Colorado up to $50,000 and
provides comprehensive general all risk liability insurance for claims over that amount. Proof of
such insurance coverage will be sent to Lessor upon request.
16.0 Choice of Law
This lease shall be considered to have been made in the State of Colorado and shall be interpreted
in accordance with the laws of Colorado. Lessor agrees to jurisdiction in Colorado in case of any
action, suit, or proceeding arising out of this lease. Lessor acknowledges transacting business in
Colorado by entering into this lease, and that the jurisdiction choice of law and venue provisions of
this lease are specifically terms of this lease.
17.0 Severability
In the event any covenant, condition or provision of this Agreement is held to be invalid by final
judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall not in any way affect any of the other covenants, conditions or provisions of this
Agreement, provided that the invalidity of any such covenant, condition or provision does not
materially prejudice either Lessor or Lessee in his or its respective rights and obligations under the
valid covenants, conditions or provisions of this Agreement.
18.0 Cumulative Rights
All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu
of, or exclusive of, each other or of any other remedy available to the City, or Contractor, at law or in
equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities
shall not prevent the exercise of any other remedy.
19.0 Non -Waiver
The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any
covenant, condition or agreement herein by the other party shall not operate as a waiver of the
exercise of such right or rights in the event of any subsequent breach by such other party, nor shall
such other party be relieved thereby from its obligations under the terms hereof.
20.0 Benefits
This Agreement is made for the sole and exclusive benefit of the Lessee and Lessor, their
successors and assigns, and is not made for the benefit of any third party.
21.0 Construction
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or
against any party hereto on the basis that such party did or did not author the same.
BID 7227 - Equipment Rental Page 20 of 21
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: Enterprise Leasing Company
City:
Centennial ot Denver,
LLC
Street: 7201 S. Fulton St.
Zip:
80112
Phone/Fax: 30-698-1299
Print Name: Kevin Hill
Title: General h'anaoer
Lessee:
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
Phone 970-221-6775/Fax 970-221-6707
By:
Jame O'Neill, ll, CPPO, FNIGP
Director of Purchasing and Risk Mgt.
BID 7227 - Equipment Rental Page 1 of 21
City of Fort Collins 2011 Equipment Enter Company Name:
Rental Bid
" ALL CARS TO BE EQUIPPED WITH A/C,PS,PB,AM/FM RADIOS,AUTOMATIC TRANSMISSION
EXTRA
DELIVERY
CARS
1/2 DAY
HOURLY
DAILY
WEEKLY MONTHLY
MILEAGE
CHARGE
SUBCOMPACT
31.59
15.00
31.59
157.95 632.82
N/A
N/A
COMPACT
31.59
15.00
31.59
157.95 632.82
N/A
N/A
MIDSIZE
33.29
15.00
33.29
166.45 665.19
N/A
N/A
FULL SIZE
36.13
15.00
36.13
180.64 722.57
N/A
N/A
4 WHEEL DRIVE WAGON
83.95
30.00
83.95
419.73 1678.91
N/A
N/A
EXTRA DELIVERY
PICKUPS
1/2 DAY HOURLY
DAILY
WEEKLY MONTHLY
MILEAGE CHARGE
COMPACT
47.82
20.00 .
47.82
239.09
956.34
N/A
N/A
MIDSIZE
47.82
20.00
47.82
239.09
956.34
N/A
N/A
FULL SIZE 1/2T
52.07
20.00
52.07
260.34
1041.35
N/A
N/A
FULL SIZE 3/4T
4 WHEEL DRIVE 1/2-3/4 T
52.07
20.00
52.07
260.34
1041.35
N/A
N/A
PICKUP
VANS TO BE EQUIPPED WITH A/C,PS,PB,AM/FM RADIO,AUTOMATIC TRANSMISSION
EXTRA DELIVERY
PASSENGER VANS 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGE CHARGE
MIDSIZE 7 PASS. 52.07 20.00 52.07 260.34 1041.35 N/A N/A
FULLSIZE 10 PASS.
FULLSIZE 15 PASS. 115.00 50.00 115.00 575.00 2300.00 N/A N/A
1
City of Fort Collins 2011 Equipment Enter Company Name:
Rental Bid
Signature Page
Contractor's Statement
I have read and fully understand all the conditions, specifications and special instructions set forth in
Rental Bid 2007, Bid #xxx. I hereby agree to comply with all said conditions, special instructions
and specificati ns Is stated o j plied.
Signature: � Title: General Manager
Print Name: Kevin Hill
Company: Enterprise Leasing Company of
Denver, LLC
Street: 7201 S. Fulton Street
City/State/Zip Centennial, CO 80112
Date: April 25, 2011
Phone: 303-698-1299
Fax: 303-858-8099
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