HomeMy WebLinkAboutresolution.council.073-94
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RESOLUTION NO. "73
(Series of 1994)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN,
COLORADO, AND DOOGER DIGGING, SETTING FORTH THE TERMS AND CONDI-
TIONS REGARDING THE USE OF DOOGER DIGGING EQUIPMENT FOR SNOW
REMOVAL PURPOSES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AG~EEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council an
agreement between the City of Aspen and Dooger Digging, which
agreement provides for the city's use of Dooger Digging equipment
for snow removal purposes, a copy of which agreement is annexed
hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
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That the City Council of the city of Aspen hereby approves
that agreement between the City of Aspen, Colorado, and Dooger
Digging, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager to execute
said agreement
on behalf of the City of Aspen.
O~iJVJ ~
, 1994.
Dated:
John
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. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held 4<(LnJe.."/L).L.c?? ., 1994.
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LEASE
This lease made and entered into as of November 15, 1994 between the City of Aspen, a
home rule municipal corporation (hereinafter "City"), and Dooger Digging, 515 W. Gillespie
Street, Aspen, Colorado, 81611 (hereinafter "DDn).
In consideration of the mutual covenants contained herein, the parties agree as follows:
1, Description of Equipment
DD leases to City one (1) loader/blower, one (1) tandem truck, as further described and
identified in Exhibit "A", Said equipment shall be furnished exclusive of drivers/operators and
without fuel and oil.
2, Term
This lease shall be for a primary term offive (5) months, commencing November 15,
1994, and terminating at midnight on the 15th day of April, 1995. A secondary term, lasting for
as yet an unspecified period of time may be exercised by City, for snow removal purpose only
within its sole discretion, depending on snow removal needs after April 15, 1995.
3. Rent (Minimum Plus Adjustment for Additional Need).
City shall pay DD rent for the primary term and any extension in accordance with the
following procedures:
(a) City agrees to pay DD a fixed DD a fixed sum of Thirty-One Thousand Five
Hundred Ninety-Three and 94/100 Dollars ($31593.94) for the use of the aforementioned
equipment during the primary term herein defined. The sum is to be paid in equal monthly
installments of Six Thousand Three Hundred Eighteen and 79/100 Dollars (6318.79),
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commencing on December I, 1994 and terminating on April 15, 1995. DD agrees to provide a
monthly billing statement on the first of each month within the primary term and City agrees to
remit each payment no later than the tenth (10th) of each month within the primary term.
(b) In the event City exercises its option to lease the aforementioned equipment for the
secondary term described herein, payment shall be made on a pro rata basis described in Exhibit
"B" as annexed hereto and incorporated herein.
4. Use of Equipment
City agrees to use the aforementioned equipment solely for the removal of snow and
snow-related debris from City streets, roads, alleys, rights-of-way, easements, parking lots and
other public areas within the City of Aspen.
City has first priority of use of equipment, however DD also has the right to use
equipment when it is not in use by City.
5. Maintenance and Repair
City shall, at its own expense, maintain the equipment in good condition and in accordance
with good maintenance practices, normal wear and tear excepted. Additionally, City shall, at its
own expense, make such minor repairs as deemed necessary and in accordance with good repair
practices. The City shall provide space for parking and maintenance of said equipment.
6, Operators
Attached hereto and incorporated herein as Exhibit "C", is a list of all names and license
numbers of all personnel eligible and authorized by City to be certified by DD in the operation of
the aforementioned equipment. The aforementioned list will be updated with additional natlJ.es as
deemed appropriate and necessary by Harold Smith. All personnel must have a current CDL
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driver's license,
7. Instruction
City shall teach, instruct and certifY to its and DD's satisfaction, all eligible City personnel
contained in the aforementioned list, as updated from time to time, in the safe and correct
operation of the aforementioned equipment. Uncertified personnel and personnel not holding a
current CDL driver's license shall not be permitted to operate the aforementioned equipment.
8. Surrender of Equipment
Upon termination of this lease by expiration of its terms or otherwise, City shall surrender
the equipment to DD in good condition, except ordinary wear and tear.
9. Liability Insurance
City, at its own expense, shall provide comprehensive public liability insurance or self-
insurance in an amount(s) equal to those liability insurance limits as established in the Colorado
Governmental Insurance Act, C. R. S. 24-10-101, et seq. for all claims and suits stemming from
any accident or negligence on the part of City, its agents, employees, or assigns while operating
the aforementioned equipment.
City will transit a certificate ofInsurance to DD for their records & their Insurer's
Records.
10. Binding Effect
This lease shall be binding upon and inure to the benefit of City and DD and their
respective heirs, personal representatives, successors, and assigns.
11. ModificationlTermination
This lease may be modified only by written agreement executed by the parties hereto and
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be terminated by either party upon thirty (30) days written notice.
12. No Assignment
This lease may not be assigned without the prior written permission of both parties hereto.
Executed and delivered thisLday of tt:JC!Z~ , 1994
City Mager
ATTEST:
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DOOGER DIGGING
1:JUI1iu~'fJjy
Neil Beck
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EXHIBIT" A"
DD agrees to lease to City the following equipment:
1.) One (1) Loader/Blower, serial number 75AI728, described as follows:
Pettibone-Mulliken Snow Thrower with John Deere turbo 6 cylinder diesel motor,
mounted on Caterpillar 966b Loader.
2.) One (1) Tandem Truck, serial number 1001068, described as follows:
Kenworth C500A Truck with 15 cubic yard bed.
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EXlllBIT "B"
In the event City exercises its option to lease the equipment described herein for the secondary
term, there shall be no charge from DD. City agrees to pay all liability insurance during this time
period.
City agrees, in the event it exercises its option for the secondary term, to provide DD a true and
accurate accounting of each day's use of the aforementioned equipment.
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EXHIBIT "C"
The following employees are on the City Payroll and authorized to drive DD equipment.
DRIVER'S DRIVER'S
NAME LICENSE NUMBER STATE LICENSE TYPE
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