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Home My WebLink Aboutresolution.council.058-95 ~e, y" '\;, (A .. tA. . RESOLUTION NO. ~ (Series of 1995) 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 AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Dooger Dig- ging, 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: Section 1 That the city Council of the city of Aspen hereby approves that agreement between the city of Aspen, Colorado, and Dooger Digging for use of Dooger Digging equipment for snow removal purposes, 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. Dated: ~ 1// ;C;qs--- ~ (J~- John . 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 Ire \\ "<- ;w.. k\ .... "', "', @a ~. resolution adopted by the city council of the City of Aspen, Colorado, at a meeting held ~~ II , 1995. 2 ~ it. A...... .. 5_ ~. ~, " LEASE This I ease made and entered into as of November 15, 1995, between the City of Aspen, a home rule municipal corporation (hereinafter "City"), and Peter N. Guy, Jr. DBA Dooger Digging, 0341 Rabbit Rd, Carbondale, Co. 81623 (hereinafter "DD). In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Description of Equipment DD leases to City on (1) loader/blower, one (1) tandem truck, as further described and identified in Exhibit "A". Said equipment shall be furnished excl usi ve of dri verI operator's and wi thout fuel and oil. 2. Term This lease shall be for a primary term of five (5) months, commencing November 15, 1995, and terminating at midnight on the 15th day of April, 1996. 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, 1996. 3. Rent (Minimum Plus Adiustment 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 fixed sum of Thirty-One Thousand Five Hundred Ninety-Three and 94/100 Dollars ($31,593.94) for the use of the aforementioned equipment during the primary term herein 1 ~e' ,,\ "\" tA, W' e defined. The sum is to be paid in equal monthly installments of Six Thousand Three Hundred Eighteen and 79/100 Dollars (6,318 79), commencing on December 1, 1995, and terminating on April 15, 1996. DD agrees to provide a monthly billing statement on the first of each month with the primary term and ci ty agrees to remi teach payment no later than the tenth (10) of each month within the primary term. (b) In the event ci ty exercises its option to I ease 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, alley, 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 repai rs as deemed necessary and in accordance with good repair practices. The City shall ptovide space for parking and maintenance of said equipment. 2 (A '. . ~ ., - 6. Operators Attached hereto and incorporated herein as Exhibit "C", is a list of all names and license numbers of all personnel eligibte and authorized by City to be Certified by DD in the operation of the aforementioned equipment. The aforementioned list will be updated wi th addi tional names as deemed appropriate and necessary by Harold Smith. All personnel must have a current CDL driver's license. 7. Instruction Ci ty shall teach, instruct and certi fy 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 term 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 3 e' 'f 1\1 "-,.. e~', 1\);, ">:,. ~.., \WI' aforementioned equipment. city will transit a certificate of Insurance to DD for their records & their Insurer's records. 10. Bindinq 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. II. Modification/Termination This lease may be modified only by written agreement executed by the parties hereto and be terminated by either party upon thirty (30) days written notice. 12. No Assiqnment This lease may not be assigned without the prior written permission of both parties hereto. Executed and delivered this~ day of ~, 1995 ATTEST: ~~~ Kathryn ~. Koch ~U-/\ PETER N. GUY, JR. DBA DOOGER D GGING JYl~~~ - Peter N. Guy, Jr, 4 - \~. EXHIBIT "A" DD agrees to lease to City the following equipment: 1.) One (1) Loader/Blower, serial number 75A1728, described as follows: Pettebone-Mulliken Snow Thrower with John Deere turbo 6 cylinder diesel motor, mounted on Caterpillar 966b Loader. 2.) One (1) Tandem Truck, serial number lOOl06S, described as follows: Kenworth C500A Truck with 15 cubic yard bed ,~. z. te 5 .. ., ~. ~. ~e ~" ", EXHIBIT "B" In the event City exercises its option to 1 ease 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 tern, to provide DD a true and accurate accounting of each day's use of the aforementioned equipment. 6 ~e,. \\ " ~". \., e _.-~ , EXHIBIT "C" The following employees are on the City Payroll and authorized to d~v(l DD:equipment. DRIVER'S DRIVER'S NAME LICENSE NUMBER STATE LICENSE TYPE . : . . 7 0\