HomeMy WebLinkAboutWI Department of AgricultureWisconsin Department of Agriculture, Trade and Consumer Protection
And
City of Oshkosh Inspection Services Division
Memorandum of Agreement
LESSEE
LESSOR
City of Oshkosh Wisconsin Department of Agriculture,
Inspection Services Division Trade and Consumer Protection
215 Church Ave. P.O. Box 8911
PO Box 1130 Madison, Wl 53708-8911
Oshkosh, W1 54903-1130 (608) 224-4942
920-236-5119
DESCRIPTION OF EQUIPMENT
Quantity and Description:
One (1) High Speed Diesel Trailer, unit numbers WM15 or WMI7. Trailer is equipped with
One (1) 10 gallon and one (1) 50 gallon Type "J" Field Standard Volumetric Prover with "pump
off' and gravity drain capabilities.
1. LEASE AGREEMENT
The Wisconsin Department of Agriculture, Trade and Consumer Protection, Weights and
Measures Bureau (hereinafter "Lessor") agrees to lease to the City of Oshkosh Inspection
Services Division (hereinafter "Lessee") the equipment described above (hereinafter "the
equipment") pursuant to the terms and conditions of this agreement for weights and Measures use.
a. FEE AND TERMS OF PAYMENT: None
b. LENGTH OF AGREEMENT: This agreement shall remain in effect for a period of sixty
ding December 31, 2024. The
agreement
months, beginning January 0 party,
a0 a0 tinm upon providingthe other party thirty
-- agreement may be canceled by either party, cry
(30) days written notice of said cancellation.
2 GENERAL TERMS AND CONDITIONS
a. USE OF THE EQUIPMENT shall be restricted to individuals employed or contracted by
the Lessee who have received training in the safe use and operation of the equipment. The
Lessee shall retain absolute and sole control, possession, and custody of the equipment
and return equipment after use to the Lessor at the end of the period of use. The Lessee
shall be responsible for monitoring the equipment and its usage when in the custody of its
employees or contracted staff.
b. LOCATION OF THE EQUIPMENT shall be restricted to within the geographical boundaries
of the Lessee's jurisdiction, i.e. The City of Oshkosh.
Memorandum of Agreement
Page 2 of 3
c. TRANSPORTATION AND STORAGE OF THE EQUIPMENT: When not in use, the
equipment shall be stored in secured area.
d. DAMAGED OR LOST EQUIPMENT: The Lessee shall pay for any damage to or loss of
the equipment, which has a total replacement cost- of $36475 regardless of cause
except reasonable wear and tear, while the equipment is in the possession of the Lessee.
The cost of such repairs shall be homeby the Lessee. Repairs will be made by the
manufacturer to prevent voiding of the warranty, or by another authorized firm at the
Lessor's discretion. Equipment damaged beyond repair shall be paid for at the
manufacturer's current replacement costs. The Lessor shall have sole discretion to
determine whether or not the equipment is repairable. The Lessee shall immediately
notify the Lessor of damage.
e. RESERVATIONS FOR USE OF EQUIPMENT: The Lessee shall notify the Wisconsin
Department of Agriculture, Trade and Consumer Protection, Weights and Measures Bureau
not later than one week in advance of desired use. The Chief of the Weights and
Measure Field Operations Section or the Section Chief's designate shall either approve or
deny the request, based upon whether or not the device is needed for a Wisconsin
Department of Agriculture, Trade and Consumer Protection, Weights and Measures Field
Operations Section investigation or inspection. Lessee's notification shall state the length of
time it intends- to keep the equipment. Lessor reserves the right to limit this period of time:
f. To the extent permitted by law, the State of Wisconsin standard State contract provisions,
Standard Terms and Conditions (DOA3054) and Supplemental Standard Terms and Conditions
for Procurement for Services (DOA-3681), are attached to and made part of this Agreement in
Attachment A. In the event of a conflict between any provision contained in Attachment A and
any other provision of this Agreement, such other provision shall prevail over the conflicting
provision in Attachment A.
Signatories to ThisAgreement.-
FOR THE CITY OF OSHKOSH:
AG D TO BY:
Mar Rolhof ,
Oshkosh City Manager
<A—GED TOg,ty Clerk
Date
Memorandum of Agreement
Page 3 of 3
I hereby certify that the necessary provisions
have been made to pay the liability which will
acetue,undekffiis conyact.
(/AV ?�dlv .9o2T
Russ Van Gompel, Date
Oshkosh Director of Finance
Ap oved as t orm:
� 3D3-aaaa
nson
ate
Oshkosh City Attorney
FOR THE STATE OF WISCONSIN:
TO
n Department of Agriculture Trade and Consumer Protection
9� I-M?i!ty--- /t1Ytt(N l6TF�H'iD2>