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HomeMy WebLinkAbout239615 11/25/2014 y or_CAq� ��/ �� CITY OF CARMEL, INDIANA VENDOR: 354867 ® ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $***'**2,299.61* �_�; CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK NUMBER: 239615 .y�rioN�O. CARMEL IN 46032 CHECK DATE: 11/25/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 4467099 322801-1 143.00 OTHER EQUIPMENT 1110 4357600 323101-1 308.00 ANIMAL SERVICES 651 5023990 325067-2 49.99 OTHER EXPENSES 1120 4237000 325348-1 244.52 REPAIR PARTS 2201 4350060 325356-1 246.80 TRAFFIC LIGHT REPAIRS 651 5023990 325375-1 295.80 OTHER EXPENSES 2201 4353099 325384-1 605.00 OTHER RENTAL & LEASES 2201 .4350060 325426-1 71.50 TRAFFIC LIGHT REPAIRS 2201 4353099 325470-1 335.00 OTHER RENTAL & LEASES IIIIII VIII VIII VIII VIII VIII IIII IIII Page 1 of 1 Status: Closed RU NYON 410 WEST CARMEL DRIVE Invoice#: 322801-1 CARMEL,IN 46032 Invoice Date: Tue 10/28/2014 EQUIPMENT R&NTAL www.runyonrental.com Date Out: Mon 10/27/2014 8:66AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be o tool-Rent one" 317-566-2990 Fax Operator: WINNIE HELMS Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by:TABAK,TRAVIS MITCHELL Salesman:NONE Qty Key Items Ser# Status Returned Date Price 1 7019#0096 PUMP SUBMERSIBLE 2"ELE 74 GPM 6245778 Returned 10/28/2014 3:28:OOPM $70.00 4Hrs$30.00 lday$35.00 lweek$140.00 4weeks$420.00 DO NOT RUN PUMPS DRY,CUSTOMER IS RESPONSIBLE FOR ANY DAMAGE TO PUMP.X 3 7024-1 HOSE DISCHARGE 2"X50' Returned 10/28/2014 3:28:OOPM $60.00 lday$10.00 lweek$40.00 4weeks$120.00 220 0 — 44 U–+-o i 9 Thank You for your Business Rental Contract Rental: $130.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $13.00 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not culling off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $143.00 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $143.00 Paid: $0.00 Signature: TABAK,TRAVIS MITCHELL Amount Due: $143.00 WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. 1111111111111111111 IN Page 1 of 1 Status: Open RU NYON 410 WEST CARMEL DRIVE Contract#: 322801-1 CARMEL, IN 46032 EQUIPMENT RENTAL www.runyonrental.com Date Out: Mon 10/27/2014 8:66AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: WINNIE HELMS ustomer 8 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL, IN 46074 Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Picked up by: TABAK, TRAVIS MITCHELL Salesman: NONE Qty I Key Items Ser# Status Agreed Return Date Price 1 7019 PUMP SUBMERSIBLE 2"ELE 74 G Out 10/28/2014 8:56:OOAM $35.00 4Hrs$30.00 lday$35.00 lweek$140.00 4weeks$420.00 DO NOT RUN PUMPS DRY,.CUSTOMER IS RESPONSIBLE FOR ANY DAMAGE TO PUMP.X 3 7024-1 HOSE DISCHARGE 2"X50' Out 10/28/2014 8:56:OOAM $30.00 lday$10.00 lweek$40.00 4weeks$120.00 q Y ` Open Seven Days a Week Rental Contract Rental: $65.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $6.50 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) 1 have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $71.50 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $71.50 Paid: $0.00 Signature: TABAK,TRAVIS MITCHELL Amount Due: $71.50 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)"Customer,"'you"and"your"mean the customer or"Lessee"identified reviewed prior to signing this Contract). Following is an abbreviated statement of the subject exceptions and on Page 1; (b)"Lessor,""Runyon,"'We,""us"and"our"mean Runyon Equipment Rental Inc. and Runyon exclusions: Repair/replacement costs:(a)which, in the aggregate,exceed the Coverage Limit;(b)for tires, Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or'lace"of this Contract;(d)"Rented tubes and wheels;(c)for any Rented Item(s)which is/are not returned to us at the end of the Term;and(d)for Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time Rented Item(s)damaged or destroyed as a direct or indirect result of:(i)your breach of this Contract;gross Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from negligence,misuse and/or abuse of any Rented Item(s); (it)vandalism and/or malicious mischief, (iii)use of us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent"),together with any alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy of insurance.Your insurance other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned will continue to apply for our benefit and will remain primary(we will be subrogated to your rights under such to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to policy). You agree to assign to Runyon all of your rights thereunder and to take all actions necessary to assist us pay us Rent until the Rented Item(s)islare returned to and accepted by us.No Rented Item(s)is/are to be left on in-recovering from your insurer for all damages covered by this LEPP. our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a A complete statement of the LEPP provisions is available at the rental counter and on our websites at single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonsurfaceprep.com/sites/www.runyonsurfaceprep.com/files/Damage_Waiver.pdf and per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for hftp://www.runyonrental.com/sites/www.runyonrental.cam/files/Damage_Waiver.pdf. X (Initial) all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of 11 DefaulURemedies.li you or an guarantor: a fail to cull and time) comply with anprovision of this nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by ( ) y y g () y y p y y you and will become the property of Runyon. Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or (2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without identified in Section(5),only at the address set forth on Page 1(the"Site'),in full compliance with all applicable notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, from any automatic stay;(iii)perform any'or all of your obligations on your behalf,without being obligated to do remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. direct, indirect, incidental and consequential damages,costs and expenses (including without limitation, lost Only you and your authorized employees may use the Rented Item(s). rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s), (3)Delivery/Retrieval.If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular WITHOUT NOTICE,without interference from you,WITHOUT PROCESS OF LAW, and without us or our delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not agents being liable for property damage,trespass,forcible entry, or other similar transgression; and/or(vii) responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You pursue any other rights and/or remedies available in connection herewith,at law or in equity. are responsible for loading and unloading the Rented Item(s).If we assist in loading and/or unloading the Rented (12)WAIVERIINDEMNITY.WE ARE NOT THE MANUFACTURER OR DESIGNER OF THE RENTED ITEM(S). hem(s),you agree to indemnity,defend and hold harmless Runyon for any property damage or personal injuries, ACCORDINGLY,.THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS"WE MAKE including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, any delays caused by the acts or omissions of any other parties,including but not limited to any providers of MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) other equipment,products or services related to your planned use of the Rented Item(s)("Other Providers' for REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR which you agree to indemnify,defend and hold harmless Runyon. INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE.NO DESCRIPTIONS OR OTHER ASSERTIONS (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S),INCLUDING WITHOUT LIMITATION,ANY maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested by DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, vou;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to EMPLOYEES,INSURERS,.SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED user manuals and other information,-if any(including all training required under applicable EPA,OSHA and/or ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage AND/OR REPLACING THE SAME),-EVEN—IF ARISING FROM OR IN CONNECTION WITH OUR of the Rented Item(s);(ii)will fully comply therewith;(III)have been offered all recommended or required safety NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, equipment(including personal fall protection,gloves and protective eyewear,as applicable);(iv)will use the RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU Rented Item(s)only for its/their intended purpose(s),in a reasonable and safe manner; (v)will immediately SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN discontinue use of the Rented Item(s)if it/they magunction(s)or appear(s)defective(a"Malfunction')and notify SUCH DEFENSE. Runyon immediately;and(vi)will cause all other users to comply.with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in Leases.Your duties hereunder are UNCONDITIONAL. need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, return the Rented Item to us.You further agree you will not repair or have anyone else repair any Rented Item. (14) Miscellaneous.This Contract,and any Addenda signed or provided by Runyon, represents the entire Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the agreement between you and Runyon.This Agreement supersedes all other agreements and representations Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably (including our website and advertising).The headings used herein are solely for convenient reference and shall possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its aftomeys'fees and respect to Malfunctions.You hereby waive, any and all other claims, including without limitation, incidental, other costs of enforcing this Contract.You will pay all taxes,fines,fees,assessments and other similar charges consequential,statutory,special,exemplary and punitive damages,against Runyon. related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the or unenforceable by any court of competent jurisdiction, such provision will be deemed deleted, and the Rented Item(s)is to use it/them in full compliance with this Contract during the rental term.You will protect the remainder of this Contract will remain valid and in full force and effect.Time is of the essence.There are no third- Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its_interest in the _ remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or Rented Item(s). Neither our exercise, nor our failure or delay in the exercise,of any rights or remedies will interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of constitute an election of remedies or a waiver of any right or remedy Runyon may have.If any performance the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act (8)Damaged,Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All of our possession.If the Rented Item(s)istare stolen or damaged,you will pay list for parts,labor or,if a total amounts due hereunder will bear interest at the rate of one and one halt(1'h)percent per month added to loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you by others. write which is returned NSF. Runyon's maximum liability under or in connection with this Contract is limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), other He you rent from Runyon at any time(except only as expressly set forth in any other agreement covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence, for any rented photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the to a fury trial of any claim or cause of action based on or arising out of this agreement or the subject matter above coverages specifying that they will not be cancelled during the rental term. hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without (10)Limited Equipment Protection Plan("LEPP").LEPP IS A DAMAGE WAIVER. IT IS NOT INSURANCE, limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to NOR IS IT A WARRANTY. If we have offered and you have purchased the OPTIONAL LEPP(itemized on any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) Page 1 if available),you will have no liability to Runyon for 50%of the total repair/replacement cost for physical acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal damage to covered Rental Item(s),up to a maximum of$5,000.00 of covered costs(the"Coverage Limit'), counsel. subject to certain exceptions and exclusions as more particularly set forth in our"Damage Waiver Agreement" (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN available at our rental counter and on our website, as provided below(a copy of which you acknowledge having CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Runyon Equipment Rental Purchase Order No. 410 W. Carmel Drive Terms Carmel, IN 46032 Date Due Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s) Amount 10/28/2014 322801-1 Equipment for 3611 Tara Court $ 143.00 Total $ 143.00 1 hereby certify that the attached invoice(s), or bill(s), is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6. ,20 Clerk-Treasurer i, VOUCHER NO WARRANT NO. Runyon Equipment Rental I: ALLOWED 20 410 W. Carmel Drive IN SUM OF$ Carmel, IN 46032 $ 143.00 ON ACCOUNT OF APPROPRIATION FOR Board Members Po#or INVOICE NO. ACCT#!TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or 0 322801-1 2200-4467099 $ 143.00 bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 11/24/2014 Signature City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. III�IIIII III�IIIII�II I IIIIII IIIIIII Page 1 of 1 Status: Open RUR 410 WEST CARMEL DRIVE Contract#: 323101-1 NYON CARMEL, IN 46032 EQUIPMENT RENTAL www.runyonrental.com Date Out: Wed 10/29/2014 2:50PM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: MEL SPROUSE (Customer : Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL, IN 46074 Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Picked up by: ZELLER, STEPHEN W Salesman: NONE Qty Key Items Ser# Status Agreed Return Date Price 2 1917 GEORGIA BUGGY 16 CU FT TRAC Out 10/30/2014 2:50:OOPM $280.00 4Hrs$110.00 1day$140.00 lweek$560.00 4weeks$1,680.00 Customer is responsible for tracks if they come off machine x (initial) 7WICT 31 H;060 Open Seven Days-a W.e& Rental Contract Rental: $280.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $28.00 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Items)have been returned;and(e)labor rate is charged at$85,00 per hour.X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $308.00 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. INDIANA: $0.00 Printed Name: Total: $308.00 Paid: $0.00 Signature: ZELLER,STEPHEN W Amount Due: $308.00 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)"Customer,"you"and"your"mean the customer or"Lessee"identified reviewed prior to signing this Contract). Following is an abbreviated statement of the subject exceptions and on Page 1; (b)"Lessor,""Runyon,"'We,""us"and"our"mean Runyon Equipment Rental Inc. and Runyon exclusions: Repair/replacement costs:(a)which,in the aggregate,exceed the Coverage Limit;(b)for tires, Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or'lace"of this Contract;(d)'Rented tubes and wheels;(c)for any Rented Item(s)which is/are not returned to us at the end of the Term;and(d)for Item(s)"means the items rented to you,as identified on Page 1;and(e)"Term"means the period from the Time Rented Item(s)damaged or destroyed as a direct or indirect result of:(i)your breach of this Contract;gross Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from negligence, misuse and/or abuse of any Rented,Item(s); (ii)vandalism and/or malicious mischief,(iii)use of us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent'),together with any alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy of insurance.Your insurance other charges accruing hereunder,without proration,reduction or setoff,until the Rented'Items)is/are returned will continue to apply for our benefit and will remain primary(we will be subrogated to your rights under such to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to policy). You agreeto assign to Runyon all of your rights thereunder and to take all actions necessary to assist us pay us Rent until the Rented Item(s)is/are returned to and accepted by us.No Rented Item(s)is/are to be left on in recovering from your insurer for all damages covered by this LEPP. our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a A complete statement'of the LEPP provisions is available at the rental counter and on our websites at single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonsurfaceprep.com/sites/www.runyonsurfaceprep.com/files/Damage_Waiver.pdf and per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for http://www.runyonrental.com/sites/www.runyonrental.com/files/Damage_Waiver.pdf. X (Initial) all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of nonuse.Item(s)remaining in or on any Rented Item(s)upon-return will,at our option,be deemed abandoned by (11)DefaulURemedies.If you or any guarantor:(a)fail to fully and timely comply with any provision of this you and will become the property of Runyon. Contract;.(b) provide,any incorrect or misleading information to us; (c) become insolvent; (d) make an assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or (2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without identified in Section(5),only at the address set forth on Page 1(the"Site',in full compliance with all applicable notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being.obligated to do remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the so;(iv)purchase replacement item(s)as necessary;(v)recover from,you and/or any guarantor our associated Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. direct, indirect, incidental and consequential damages, costs and expenses(including without limitation, lost Only you and your authorized employees may use the Rented Item(s). rental income); (vi) immediately:lock, disable, and/or retake possession and control of the Rented Item(s), (3)Delivery/Retrieval.If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular WITHOUT NOTICE,without interference from you,WITHOUT PROCESS OF LAW,and without us or our delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not agents being liable for property damage,trespass,forcible entry, or other similar transgression; and/or(vii) responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You pursue any other rights and/or remedies available in connection herewith,at law or in equity. are-responsible for loading and unloading the Rented-Item(s).If we assist in loading and/or unloading the Rented (12)WAIVER/INDEMNITY.WE ARE-NOT THE-MANUFACTURER-OR DESIGNER OF THE RENTED ITEM(S). Item(s),you agree to indemnify,defend and hold harmless Runyon for any property damage or personal injuries, ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-1S"AND"WITH ALL FAULTS."WE MAKE including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, any delays caused by the acts or omissions of any other parties,including but not limited to any providers of MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) other equipment,products or services related to your planned use of the Rented Item(s)("Other Providers')for REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR which you agree to indemnify,defend and hold harmless Runyon. :.. INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE.NO DESCRIPTIONS OR OTHER ASSERTIONS, (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, YOU ASSUME ALL RISK OF INJURY,.LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, and full of the proper fuel.A charge of eighty-five dollars($85.00)per hourwilf be charged for cleanup.Also, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. AND ALL.LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Runyon that:(a)each of the Rented Item(s)(1)has been carefully selected,examined,counted and tested by DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, •OFFICERS, DIRECTORS, AGENTS, you;(ii)is in good'repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you full of fuel and all necessary fluids and lubricants(as,applicable);and(iv)is appropriate for your purposes, ALL LIABILITIES, CLAIMS, DAMAGES,'LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT not based on our recommendation;and(b)you:(1)have received,read and understood the training,instructions, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED user manuals and other information,if any(including all training required under applicable EPA,OSHA and/or ITEM(S).(INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage AND/OR REPLACING THE SAME), EVEN.IF ARISING FROM OR IN CONNECTION WITH OUR of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, equipment(including personal fall protection,gloves and protective eyewear,as applicable);(iv)will use the RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU Rented Item(s) only for its/their intended purpose(s),in a reasonable and safe manner;(v)will immediately SHALL BE LIABLE FOR ALL COSTS,EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN discontinue use of the Rented-Item(s)if Wthey malfunction(s)or appear(s)defective(a"Malfunction's and notify SUCH DEFENSE. Runyon immediately;and(vi)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in Leases.Your duties hereunder are UNCONDITIONAL. need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, return the Rented Item to us.You further agree you will not repair or have anyone else repair any Rented Item. (14) Miscellaneous.This Contract,and any Addenda signed or provided by Runyon, represents the entire Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the agreement between you and Runyon.This Agreement supersedes all other agreements and representations Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably (including our website and advertising).The headings.used herein are solely for convenient reference and shall possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attorneys'fees and respect to Malfunctions.You hereby waive, any and all other claims, including without limitation, incidental other costs of enforcing this Contract.You will.pay all taxes,fines,fees,assessments and other similar charges consequential,statutory,special,exemplary and punitive damages,against Runyon. related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid __(7).Ownership We_own and will retain title to all Rented_Item(s)at all times.Your only right with respect to the or_unenforceable by-any court of competent jurisdiction such provision, be deemed deleted, and the Rented Item(s)is to use it/themin full compliance with this Contract during the rental term.You will protect the remainder of this Contract will remain valid and in full force and effect.Time is of the essence.There are no third- Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of party beneficiaries to.this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or Rented Item(s).Neither our•exercise, nor our failure or delay in the exercise,of any rights or remedies will interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of constitute an election of remedies or a waiver of any right or remedy Runyon may have.If any performance the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act (8)Damaged,Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All of our possession.If the Rented Item(s)Ware stolen or damaged,you will pay list for parts,labor or,if a total amounts due hereunder will bear interest at the rate of one and one half(1 r/z)percent per month added to loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or accounts over ten If 0)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you by others. write which is returned NSF. Runyon's maximum liability under or in connection with this Contract is limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), other-items you rent from Runyon at any time(except only as expressly set forth in any other agreement covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence,for any rented photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the to a'tury trial of any claim or cause of action based on or arising out of this agreement or the subject matter above coverages specifying that they will not be cancelled during the rental term. hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without (10)Limited Equipment Protection Pian("LEPP").LEPP IS A DAMAGE WAIVER. IT NOT INSURANCE, limitati.on,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to NOR IS IT A WARRANTY. If we have offered and you have purchased the OPTIONAL LEPP(itemized on any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) Page 1 if available),you will have no liability to Runyon for 50%of the total repair/replacement cost for physical acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal damage to covered Rental Item(s),up to a maximum of$5,000.00 of covered costs(the"Coverage Limit'), counsel. subject to certain exceptions and exclusions as more particularly set forth in our'Damage Waiver Agreement" (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN available at our rental counter and on our website, as provided below(a copy of which you acknowledge having CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII Page 1 of 1 Status: Continued RU NYON 410 WEST CARMEL DRIVE Invoice#: 323101-1 CARMEL, IN 46032 Invoice Date: Sat 11/15/2014 EQUIPMENT RENTAL www.runyonrental.com Date Out: Wed 10/29/2014 2:50PM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a fool-Renu one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE us omerTerms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL, IN 46074 Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Picked up by: ZELLER, STEPHEN W Salesman: NONE Qty I Key Items Ser# Status Billed To Price 1 1917#0006 GEORGIA BUGGY 16 CU FT TRAC 7301074 Returned 11/26/2014 2:50:OOPM $140.00 4Hrs$110.00 lday$140.00 lweek$560.00 4weeks$1,680.00 Customer is responsible for tracks if they come off machine x (initial) 1 1917#0004 GEORGIA BUGGY 16 CU FT TRAC 7300527 Returned 10/31/2014-9:48:OOAM $140.00 4Hrs$110.00 /day$140.00 lweek$560.00 4weeks$1,680.00 CUSTOMER MUST RETURN,ANY EQUIPMENT USED FOR CONCRETE WORK,CLEAN INSIDE&OUT OR YOU WILL BE CHARGED A CLEANING FEE X Thank You-for your Business - --- -- - Rental Contract Rental: $280.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c).use of alternative Damage Waiver: $28.00 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $308.00 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. INDIANA: $0.00 Printed Name: Total: $308.00 Paid: $0.00 Signature: ZELLER,STEPHEN W Amount Due: $308.00 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)"Customer,""you"and"your"mean the customer or"Lessee"identified reviewed prior to signing this Contract). Following is an abbreviated statement of the subject exceptions and on Page 1; (b) "Lessor,""Runyon,"'due,""us'and"our"mean Runyon Equipment Rental Inc. and Runyon exclusions: Repair/replacement costs:(a)which,in the aggregate,exceed the Coverage Limit;(b)for tires, Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or'lace"of this Contract;(d)"Rented tubes and wheels;(c)for any Rented Item(s)which is/are not returned to us at the end of the Term;and(d)for Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time Rented Item(s)damaged or destroyed as a direct or indirect result of:(i)your breach of this Contract;gross Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from negligence,misuse and/or abuse of any Rented Item(s);(ii)vandalism and/or malicious mischief,(iii)use of us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent"),together with any alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy of insurance.Your insurance other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned will continue to apply for our benefit and will remain primary(we will be subrogated to your rights under such to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to policy). You agree to assign to Runyon all of your rights thereunder and to take all actions necessary to assist us pay us Rent until the Rented Item(s)is/are returned to and accepted by us.No Rented Item(s)is/are to be left on in recovering from your insurer for all damages covered by this LEPP. our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a A complete statement of the LEPP provisions is available at the rental counter and on our websites at single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonsudaceprep.com/sites/www.runyonsuaaceprep.com/files/Damage_Waiver.pdf and per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for hftp://www.runyonrental.com/sites/www.runyonrental.con/files/Damage_Waiver.pdf. X (Initial) all time out,and no allowance will be made for weekends,holidays,time in transit or any other pedod(s)of 11 DefaulURemedies.If you or an guarantor: a fail to full and timet comply with anprovision of this nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by ( ) y y g () y y p y y you and will become the property of Runyon. Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or (2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without identified in Section(5),only at the address set forth on Page 1(the"Sitel,in full compliance with all applicable notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being obligated to do remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. direct, indirect, incidental and consequential damages, costs and expenses(including without limitation, lost Only you and your authorized employees may use the Rented Item(s).. rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s), (3)Delivery/Retrieval. If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular WITHOUT NOTICE,without interference from you, WITHOUT PROCESS OF LAW,and without us or our delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not agents being liable for property damage,trespass,forcible entry,or other similar transgression;and/or(vii) responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You pursue any other rights and/or remedies available in connection herewith,at law or in equity. are responsible for loading and unloading the Rented Item(s).If we assist in loading and/or unloading the Rented (12)WAIVER(INDEMNITY.WE ARE NOT_THE MANUFACTURER OR DESIGNER OF THE-RENTED ITEM(S). Item(s),you agree to indemnify,defend-and hold harmless Runyon for-any property damage or personal injuries, ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS"WE MAKE including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, any delays caused by the acts or omissions of any other parties,including but not limited to any providers of MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) other equipment,products or services related to your planned use of the Rented Items)("Other Providers' for REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR which you agree to indemnify,defend and hold harmless Runyon. INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE.NO DESCRIPTIONS OR OTHER ASSERTIONS, (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,T0, and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested by DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, vou;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED user manuals and other information,if any(including all training required under applicable EPA,OSHA andlor ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety NEGLIGENCE. IN THE EVENT THAT ANACTION IS COMMENCED NAMING RUNYON AS A PARTY, equipment(including personal fall protection,gloves and protective eyewear,as applicable); (iv)will use the RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU Rented Item(s)only for its/their intended purpose(s),in a reasonable and safe manner; (v)will immediately SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN discontinue use of the Rented Item(s)if it/they maltunction(s)or appear(s)defective(a"Malfunction')and notify SUCH DEFENSE. Runyon immediately;and(A)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in Leases.Your duties hereunder are UNCONDITIONAL. need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, return the Rented Item to us.You further agree you will not repair or have anyone else repair any Rented Item. (14) Miscellaneous.This Contract,and.any Addenda signed or provided by Runyon, represents the entire Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the agreement between you and Runyon.This Agreement supersedes all other agreements and representations Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably (including our website and advertising).The headings used herein are solely for convenient reference and shall possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attomeys'fees and respect to Malfunctions. You hereby waive. any and all other claims, including without limitation, incidental, other costs of enforcing this Contract.You will pay all taxes,fines,fees,assessments and other similar charges consequential,statutory,special,exemplary and punitive damages,against Runyon. related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the or unenforceable by any court of competent jurisdiction, such provision will be deemed deleted, and the Rented Item(s)is to use it/them in full compliance with this Contract during the rental term.You will protect the remainder of this-Contract will remain valid and-in full force and effect:Time is of the essence-.There are no third Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or Rented Item(s). Neither our exercise, nor our failure or delay in the exercise,of any rights or remedies will interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of constitute an election of remedies or a waiver of any right or remedy Runyon may have.If any performance the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act (8)Damaged.Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All of our possession.If the Rented Item(s)is/are stolen or damaged,you will pay list for parts,labor or,If a total amounts due hereunder will bear interest at the rate of one and one half(1 h)percent per month added to loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you by others. write which is returned NSF. Runyon's maximum liability under or in connection with this Contract is limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 terns of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all per occurrence; (b) inland marine insurance or the equivalent(including coverage for property in transit), other items you rent from Runyon at any time(except only as expressly set forth in any other agreement covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence,for any rented photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the to a iury trial of any claim or cause of action based on or arising out of this agreement or the subject matter above coverages specifying that they will not be cancelled during the rental term. hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without (10)Limited Equipment Protection Plan("LEPP").LEPP IS A DAMAGE WAIVER. IT ISNOT INSURANCE,. limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to NOR IS IT A WARRANTY. If we have offered and you have purchased the OPTIONAL LEPP(itemized on any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) Page 1 if available),you will have no liability to Runyon for 50%of the total repair/replacement`cost for physical acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal damage to covered Rental Item(s),up to a maximum of$5,000.00 of covered costs(the"Coverage Limit'), counsel. subject to certain exceptions and exclusions as more particularly set forth in our"Damage Waiver Agreement" (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN available at our rental counter and on our website, as provided below(a copy of which you acknowledge having CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF$ 410 West Carmel Drive Carmel, IN 46032 $308.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Police Department PO#/Dept. INVOICE NO. ACCT#IrITLE AMOUNT Board Members 1110 323101-1 43-576.00 $308.00 1 hereby certify that the attached invoice(s), or bill(s) is(are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Friday, November 21, 2014 0 3. Chief of Police Title. Cost distribution ledger classification if claim paid motor vehicle highway fund i Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit,etc. Payee Purchase Order No. Terms- Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s)or bill(s)) 11/15/14 323101-1 K9 Casey run/kennel $308.00 I hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Clerk-Treasurer IIIIII VIII VIII VIII VIII VIII IIII IIII Page 1 of 1 Status: Closed RU NYON 410 WEST CARMEL DRIVE Invoice#: 325384-1 CARMEL,IN 46032 Invoice Date: Fri 11/21/2014 EQUIPMENT RENTAL wwwr.runyonrental.com Date Out: Thu 11/20/2014 10:30AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:0Oam-3:00pm Picked up by: PRIVETT, SHAUN R Salesman:NONE Qty Key Items Ser# Status Returned Date Price 1 5798#0006 LIFT 45'ARTICULATINGBOOM 0300179935 Returned 11/21/2014 3:26:00PM $550.00 Meter Out:290.1 Meter In:290.1 Total hours on meter:0.0 lday$275.00 lweek$850.00 4weeks$2,000.00 CUSTOMERS USING LIFTS FOR PAINTING MUST RETURN LIFT CLEAN&FREE OF PAINT OR OVERSPRAY OR YOU WILL BE CHARGED A CLEANING FEE X SAFETY HARNESS IS REQUIRED ON ALL AERIAL LIFTS CUSTOMER HAS BEEN OFFERED HARNESS EQUIPMENT AND HAS DECLINED X CUSTOMER IS TOTALLY LIABLE FOR TIRE REPAIR,PLEASE CHECK TIRES PRIOR TO LEAVING LOT X EQUIPMENT IS FOR LOCAL RENTAL ONLY 25 MILE RADIUS FROM OUR STORE YOU ARE RESPONSIBLE FOR RETURN AND/OR RECOVERY X Thank You for your Business Rental Contract Rental: $550.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver $55.00 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $605.00 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customers prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $605.00 Paid: $0.00 Signature: PRIVETT,SHAUN R Amount Due: $605.00 1111111111111111111 IN Page 1 of 1 Status: Closed RU NYOIV 410 WEST CARMEL DRIVE Invoice#: 325470-1 CARMEL,IN 46032 Invoice Date: Fri 11/21/2014 EQUIPMENT RENTAL www.runyonrental.com Date Out: Fri 11/21/2014 9:07AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't 6e a fool-Rerrt one" 317-566-2990 Fax Operator: WINNIE HELMS customer#: 13ea Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733.2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by:OTTINGER, MARK Salesman:NONE Qty Key Items Ser# Status Returned Date Price 1 5798#0002 LIFT 45'ARTICULATINGBOOM 300076859 Returned 11/21/2014 3:20:OOPM $275.00 Meter Out:1122.2 Meter In:1122.2 Total hours on meter:0.0 lday$275.00 lweek$850.00 4weeks$2,000.00. . CUSTOMERS USING LIFTS FOR PAINTING MUST RETURN LIFT CLEAN&FREE OF PAINT OR 0VERSPRAY OR YOU WILL BE CHARGED A CLEANING FEE X SAFETY HARNESS IS REQUIRED ON ALL AERIAL LIFTS CUSTOMER HAS BEEN OFFERED HARNESS EQUIPMENT AND HAS DECLINED X CUSTOMER IS TOTALLY LIABLE FOR TIRE REPAIR,PLEASE CHECK TIRES PRIOR TO LEAVING LOT X EQUIPMENT IS FOR LOCAL RENTAL ONLY 25 MILE RADIUS FROM OUR STORE YOU ARE RESPONSIBLE FOR RETURN AND/OR RECOVERY X 5 DIES-1 DIESEL Pulled $32.50 Thank You for your Business Rental Contract Rental: $275.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IWARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $27.50 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $32.50 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $335.00 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customers prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $335.00 Paid: $0.00 Signature: OTTINGER,MARK A Amount Due: $335.00 IIIIII VIII VIII VIII VIII VIII IIII IIII Page 1 of 1 Status: Closed Ru� O1y 410 WEST CARMEL DRIVE Invoice#: 325356-1 Y CARMEL,IN 46032 Invoice Date: Fri 11/21/2014 EQUIPMENT RENTAL www.runyonrental.com Date Out: Thu 11/20/2014 9:02AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 0\ Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by:ALDEN, RICK Salesman:NONE Qty Key Items Ser# Status Returned Date Price 1 2990#001 CORE BIT J 4"X9"DRY CUT N/A Returned 11/21/2014 2:03:OOPM $68.00 Reading Out:232 Reading In:232 Total units used:0.00 lday$34.00 tweak$136.00 4weeks$408.00 1 2990#001 CORE BIT J 4"X9"DRY CUT N/A Units Used $7.00 Usage$7.00 per unit with 0 units free. 1 2726#0003 CORE DRILL HAND HELD ELEC 94612 Returned 11/20/2014 3:35:OOPM $50.00 4Hrs$40.00 1 day$50.00 lweek$200.00 4weeks$600.00 Handle must be attached when using machine.You will be charged for handle if not retumed.X 1 2726#0004 CORE DRILL HAND HELD ELEC 0706544 Returned 11/21/2014 2:03:OOPM $100.00 4Hrs$40.00 1 day$50.00 lweek$200.00 4weeks$600.00 Handle must be attached when using machine.You will be charged for handle if not retumed.X q4a �nf5 �or A-r'a'�i L 5i�nc Thank You for your Business Rental Contract Rental: $218.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver.• $21.80 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $7.00 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated an the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $246.80 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $246.80 Paid: $0.00 Signature: ALDEN,RICK Amount Due: $246.80 IIIIII VIII VIII VIII VIII VIII IIII IIII Page 1 of 1 Status: Closed RU NYON 410 WEST CARMEL DRIVE Invoice#: 325426-1 CARMEL,IN 46032 Invoice Date: Fri 11/21/2014 EQUIPMENT RENTAL www.runyonrental.com Date Out: Thu 11/20/2014 2:46PM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by:WALDEN, RICHARD J Salesman:NONE Qty Key Items Ser# Status Returned Date Price 1 3415#0008 GENERATOR E 6500 WATT 1162408 Returned 11/21/2014 2:04:OOPM $65.00 lday$65.00 1week$260.00 4weeks$780.00 V 5 Thank You for your Business Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) Rental: $65.00 IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $6.50 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $71.50 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $71.50 Paid: $0.00 Signature: WALDEN,RICHARD J Amount Due: $71.50 VOUCHER NO. WARRANT NO. Runyon Equipment Rental ALLOWED 20 IN SUM OF$ 410 W. Carmel Drive Carmel, IN 46032 $1,258.30 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 2201 325356-1 43-500.60 $246.80 1 hereby certify that the attached invoice(s), or 2201 325426-1 43-500.60 $71.50 bill(s) is (are)true and correct and that the 2201 325384-1 43-530.99 $605.00 materials or services itemized thereon for 2201 325470-1 43-530.99 $335.00 which charge is made were ordered and received except In d 24, 2014 i street ifl 3bWWRsioner Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 11/21/14 325356-1 $246.80 11/21/14 325426-1 $71.50 11/21/14 325384-1 $605.00 11/21/14 325470-1 $335.00 I hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 ' 20 Clerk-Treasurer WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. I��I�I IIII II��I II IIII�II�I IIII I��I Page 1 of 1 Status: Closed RU NYON 410 WEST CARMEL DRIVE Invoice#: 325348-1 CARMEL, IN 46032 Invoice Date: Thu 11/20/2014 E3QUIPMENT RENTAL www.runyonrental.com Date Out: Thu 11/20/2014 8:46AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE (Customer amt—� Terms: On Account CARMEL FIRE DEPARTMENT 317-571-2600 Phone 317-571-2615 Fax 2 CIVIC SQUARE CARMEL, IN 46032 PO#: L41 Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Picked up by: FORCE, JASON Salesman: NONE Qty Key Items Se r# Status Returned Date Price 10 MS-1 CABLE TRACK-15.1038 Pulled $119.50 1 1007-1 SHIPPING"NEXT DAY AIR" Pulled $125.02 Thank You for your Business " Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $244.52 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour.X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $244.52 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. INDIANA: $0.00 Printed Name: Total: $244.52 Paid: $0.00 Signature: FORCE,JASON Amount Due: $244.52 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST - (1)Rental.As used in this Contract:(a)"Customer,"'you"and"your"mean the customer or"Lessee"identified reviewed prior to signing this Contract). Following is an abbreviated statement of the subject exceptions and on Page 1; (b) "Lessor,""Runyon,"'We,","us"and"our"mean Runyon Equipment Rental Inc. and Runyon exclusions: Repair/replacement costs:(a)which, in the aggregate,exceed the Coverage Limit;(b)for tires, Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or"face"of this Contract;(d)"Rented lubes and wheels;(c)for any Rented Item(s)which is/are not returned to us at the end of the Term;and(d)for Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time Rented Item(s)damaged or destroyed as a direct or indirect result of:(i)your breach of this Contract;gross Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from negligence,misuse and/or abuse of any Rented Item(s); (ii)vandalism and/or malicious mischief, (iii)use of us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent'),together with any alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy of insurance.Your insurance other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned will continue to apply for our benefit and will remain primary(we will be subrogated to your rights under such to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to policy). You agree to assign to Runyon all of your rights thereunder and to take all actions necessary to assist us pay us Rent until the Rented Item(s)is/are returned to and accepted 6v us.No Rented Item(s)is/are to be left on in recovering from your insurer for all damages covered by this LEPP. our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a A complete statement of the LEPP provisions is available at the rental counter and on our websites at single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonsurfaceprep.com/sites/www.runyonsudaceprep.com/files/Damage_Waiver.pdf and per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for http://www.runyonrental.com/sites/www.runyonrental.com/files/Damage_Waiver.pdf. X(Initial) all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by (11)DefaultlRemedtes. If you or any guarantor: (a)fail to fully and timely comply with any provision of this you and will become the property of Runyon. Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or (2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without identified in Section(5),only at the address set forth on Page 1(the"Site',in full compliance with all applicable notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being obligated to do remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. direct, indirect, incidental and consequential damages, costs and expenses (including without limitation, lost Only you and your authorized employees may use the Rented Item(s), rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s), (3)Delivery/Retrieval.If we agree to deriver and/or retrieve any Rented Item(s),you will pay our regular WITHOUT NOTICE, without interference from you,WITHOUT PROCESS OF LAW,and without us or our delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not agents being liable for property damage,trespass,forcible entry, or other similar transgression; and/or(vii) responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You pursue any other rights and/or remedies available in connection herewith,at law or in equity. are responsible for loading and unloading the Rented Item(s).If we assist in loading and/or unloading the-Rented (12)WAIVER/INDEMNITY.WE ARE NOT THE MANUFACTURER OR-DESIGNER OF THE RENTED ITEM(S). Item(s),you agree to indemnify,defend and hold harmless Runyon for any property damage or personal injuries, ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS."WE MAKE including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, any delays caused by the acts or omissions of any other parties,including but not limited to any providers of MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) other equipment,products or services related to your planned use of the Rented Item(s)("Other Providersl for REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR which you agree to indemnify,defend and hold harmless Runyon. INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE. NO DESCRIPTIONS OR OTHER ASSERTIONS (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. Rented Item(s)and return iUthem to Runyon on time,clean and otherwise in good order,condition and repair, YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Runyon that:(a)each of the Rented Item(s)(i)has been carefullv'selected,examined,counted and tested by DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, vou;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to EMPLOYEES, INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED user manuals and other information,if any(including all training required under applicable EPA,OSHA and/or ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety NEGLIGENCE. IN THE EVENT THAT.AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, equipment(including personal fall protection,gloves and protective eyewear,as applicable);(iv)will use the RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU Rented Item(s)only for its/their intended purpose(s),in a reasonable and safe manner; (v)will immediately SHALL BE LIABLE FOR ALL COSTS,EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN discontinue use of the Rented Item(s)if it/they malfunction(s)or appear(s)defective(a"Malfunctionj and notify SUCH DEFENSE. Runyon immediately;and(vi)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in Leases.Your duties hereunder are UNCONDITIONAL. need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, return the Rented Item to us.You further agree you will not repair or have anyone else repair any Rented Item. (14) Miscellaneous.This Contract,and any Addenda signed or provided by Runyon, represents the entire Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the agreement between you and Runyon.This Agreement supersedes all other agreements and representations Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably (including our website and advertising).The headings used herein are solely for convenient reference and shall possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with .not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attorneys'fees and respect to Malfunctions. You hereby waive, any and all other claims, including without limitation, incidental, other costs of enforcing this Contract.You will pay all taxes,fines,fees,assessments and other similar charges consequential,statutory,special,exemplary and punitive damages,against Runyon. related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the or unenforceable by any court_of competent jurisdiction, such provision will be deemed deleted, and the Rented Item(s)is to-use iUthem in full compliance with-this Contract during the rental term.Yod willprotect-the "remainder of this Contract will remain valid and in full force and effect.Time is of the essence.There are no third- Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or Rented Item(s).Neither our exercise, nor our failure or delay in the exercise,of any rights or remedies will interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of constitute an election of remedies or a waiver of any right or remedy Runyon may have.If any performance the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act (8)Damaged,Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All of our possession.If the Rented Item(s)is/are stolen or damaged,you will pay list for parts,labor or,if a total amounts due hereunder will bear interest at the rate of one and one half(1 'h)percent per month added to loss,will pay replacement cost of the Rented Item(s)plus the cost,of rental up to the time of reporting the loss or accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you by others. write which is returned NSF. Runyon's maximum Ifability under or in connection with this Contract is limited to the Rent actually paid bV you hereunder.This Contract allocates the risk of injury or damage to (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), .other items.you rent from Runyon at any time(except only as expressly set forth in any other agreement covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence,for any rented photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the to a fury trial of any claim or cause of action based on or arising out of this agreement or the subject matter above coverages specifying that they will not be cancelled during the rental term. hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without (10)Limited Equipment Protection Plan("LEPP").LEPP IS A DAMAGE WAIVER. IT ISNOT INSURANCE, limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to NOR IS IT A WARRANTY. If we have offered and you have purchased the OPTIONAL LEPP(itemized on any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) Page 1 if available),you will have no liability to Runyon for 50%of the total repair/replacement cost for physical acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal damage to covered Rental Item(s),up to a maximum of$5,000.00 of covered costs(the"Coverage Limit'), counsel. subject to certain exceptions and exclusions as more particularly set forth in our"Damage Waiver Agreement" (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN available at our rental counter and on our website, as provided below(a copy of which you acknowledge having CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF$ 410 W. Carmel Drive Carmel, IN 46032 $244.52 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 1120 325348-1 42-370.00 $244.52 1 hereby certify that the attached invoice(s), or bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except NOV 2 4 2014 a a Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s)or bill(s)) 325348-1 Emergency Repair-L41 $244.52 I hereby certify that the attached invoice(s),or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Clerk-Treasurer WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. 1111111111111111111 IN Page 1 of 1 Status: Closed RU NYON 410 WEST CARMEL DRIVE Invoice#: 325375-1 CARMEL, IN 46032 Invoice Date: Thu 11/20/2014 EQUIPMENT RENTAL www.runyonrental.com Date Out: Thu 11/20/2014 10:02AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: MEL SPROUSE �Cus omer 85� Terms: On Account CARMEL WASTE WATER 317-571-2645 Phone 9609 HAZEL DELL PARKWAY SUITE 110 INDIANAPOLIS, IN 46280 PO#: S14575 Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Picked up by: JARVIS, DUANE Salesman: NONE Qty Key Items Ser# Status Returned Date Price 2 101-1 PROPANE 30 POUND REFILL Pulled $48.36 1 585413301-1 BLADE DIAMOND 14"4X4 Pulled $239.95 1 4201 670 1701 STIHL COUPLING SLEEVE TS400 Pulled $7.49 Thank You for your Business - Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $295.80 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $295.80 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $295.80 Paid: $0.00 Signature: JARVIS, DUANE Amount Due: $295.80 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)'Customer,"'You"and"your"mean the customer or"Lessee"identified reviewed prior to signing this Contract). Following is an abbreviated statement of the subject exceptions and on Page 1; (b)'Lessor,""Runyon,"'We,""us"and "our"mean Runyon Equipment Rental Inc, and Runyon exclusions: Repair/replacement costs:(a)which,in the aggregate,exceed the Coverage Limit; (b)for tires, Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or"face"of this Contract;(d)"Rented tubes and wheels;(c)for any Rented Item(s)which is/are not returned to us at the end of the Term;and(d)for Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time Rented Item(s)damaged or destroyed as a direct or indirect result of:(i)your breach of this Contract;gross Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from negligence,misuse and/or abuse of any Rented Item(s); (ii)vandalism and/or.malicious mischief, (iii)use of us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent's,together with any alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy of insurance.Your insurance other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned will continue to apply for our benefit and will remain primary(we will be subrogated to your rights under such to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to policy). You agree to assign to Runyon all of your rights thereunder and to take all actions necessary to assist us pay us Rent until the Rented Item(s)is/are returned to and accepted by us.No Rented Item(s)is/are to be left on in recovering from your insurer for all damages covered by this LEPP. our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a A complete statement of the LEPP provisions is available at the rental counter and on our websites at single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonsurfaceprep.com/sites/www.runyonsurfaceprep.com/files/Damage_Waiver.pdf and per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for http://www.runyonrental.com/sites/www.runyonrental.com/files/Damage_Waiver.pdf. X(Initial) all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by (11)Default/Remedies.If you or any guarantor:(a)fail to fully and timely comply with any provision of this you and will become the property of Runyon. Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or (2)Use. You will ensure that the Rented Item(s)islare used safely and in accordance with the"Instructions" liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without identified in Section(5),only at the address set forth on Page 1(the"Site%in full compliance with all applicable notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being obligated to do remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. direct, indirect, incidental and consequential damages,costs and expenses(including without limitation, lost Only you and your authorized employees may use the Rented Item(s). rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s), (3) Delivery/Retrieval.If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular WITHOUT NOTICE,without interference from you, WITHOUT PROCESS OF LAW,and without us or our delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not agents being liable for property damage,trespass,forcible entry, or other similar transgression; and/or(vii) responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You pursue any other rights and/or remedies available in connection herewith,at law or in equity. are responsible for loading and unloadi6g the Rented Item(s).If we assist in loading and/or unloading the Rented (12)WAIVERANDEMNITY.WE ARE NOT THE MANUFACTURER OR DESIGNER OF THE RENTED ITEM(S). Item(s),you agree to indemnity,defend and hold harmless Runyon for any property damage or personal injuries, ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS."WE MAKE including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, any delays caused by the acts or omissions of any other parties,including but not limited to any providers of MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) other equipment,products or services related to your planned use of the Rented Item(s)("Other Providersl for REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR which you agree to indemnify,defend and hold harmless Runyon. INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE.NO DESCRIPTIONS OR OTHER ASSERTIONS, (4)Protection and Return.Subject to the terms of any Damage Waiver-you may purchase,you will protect the REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested bX DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, Lou;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED user manuals and other information,if any(including all training required under applicable EPA.OSHA andfor ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, equipment(including personal fall protection,gloves and protective eyewear,as applicable);(iv)will use the -IUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU Rented Item(s)only for its/their intended purpose(s),in a reasonable and safe manner;(v)will immediately SHALL BE LIABLE FOR ALL COSTS,EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN discontinue use of the Rented Item(s)if it/they maffunction(s)or appear(s)defective(a"Maltunctionj and notify SUCH DEFENSE. Runyon immediately;and(vi)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in Leases.Your duties hereunder are UNCONDITIONAL. need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, return the Rented Item to us.You further agree you will not repair or have anyone else repair any Rented Item. (14)Miscellaneous.This Contract,and any Addenda signed or provided by Runyon, represents the entire Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the agreement between you and Runyon.This Agreement supersedes all other agreements and representations Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably (including our website and advertising).The headings used herein are solely for convenient reference and shall possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attomeys'fees and respect to Malfunctions. You hereby waive, any and all other claims, including without limitation, incidental, other costs of enforcing this Contract.You will pay all taxes,fines,fees,assessments and other similar charges consequential,statutory,special,exemplary and punitive damages,against Runyon. related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the _or unenforceable by any court of-competent jurisdiction, such provision will be-deemed_deleted, and the Rented Item(s)is to use it/them in full-compliance with this-Contract during the rental term.You will protect the remainder of this Contract will remain valid and in full force and effect.Time is of the essence.There are no third- Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or Rented Item(s).Neither our exercise, nor our failure or delay in the exercise,of any rights or remedies will interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of constitute an election of remedies or a waiver of any right or remedy Runyon may have.If any performance the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act (8)Damaged.Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All of our possession.If the Rented Item(s)is/are stolen or damaged,you will pay list for parts,labor or,if a total amounts due hereunder will bear interest at the rate of one and one half(1 �fz)percent per month added to loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you by others. write which is returned NSF. Runyon's maximum liability under or in connection with this Contract is limited to the Rent actually paid bV Vou hereunder.This Contract allocates the risk of injury or'damage to (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all .per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), other items you rent from Runyon at any time(except only as expressly set forth in any other agreement covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence,for any rented photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our_ signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the. to a'Jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter above coverages specifying that they will not be cancelled during the rental term. hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without (10)Limited Equipment Protection Plan('LEPP").LEPP IS A DAMAGE WAIVER. IT NOT INSURANCE, limitation,contract,tart,breach of duty,and all other common law and statutory claims,and will not be subject to NOR IS IT A WARRANTY. If we have offered and you have purchased the OPTIONAL LEPP(itemized on any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) Page 1 if available),you will have no liability to Runyon for 50%of the total repair/replacement cost for physical acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal damage to covered Rental Item(s),up to a maximum of$5,000.00 of covered costs(the"Coverage Limit's, counsel. subject to certain exceptions and exclusions as more particularly set forth in our"Damage Waiver Agreement" (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN available at our rental counter and on our website,as provided below(a copy of which you acknowledge having CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. IIIIIIIIIIIIIII�II IIIIIIIIIIIII�IIIIII Page 1 of 1 Status: Closed .add Afdakdaw 410 W. CARMEL DR. Invoice#: 325067-2 CARMEL, IN 46032 Invoice Date: Mon 11/17/2014 SURFACE PREP www.runyonsurfaceprep.com Date Out: Mon 11/17/2014 11:14AM RENTAL&SUPPLY 800-896-8665 Phone 800-652-9440 Fax Operator: BECKY POWERS us Omer 98—� Terms: On Account CARMEL WASTE WATER 317-571-2645 Phone 9609 HAZEL DELL PARKWAY SUITE 110 INDIANAPOLIS, IN 46280 PO#: S14564 Open'Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Ordered By: Harvey, Anthony Picked up by: Harvey, Anthony Qty Key Items Ser# Status Returned Date Price 1 7SEG-2 BLADE DIAMOND 7"7TURBO Pulled ' $49.99 `Y. - Thank You for your Business - - Rental Confract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)-to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $49.99 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: .$49.99 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: INDIANA: $0.00 Total: $49.99 Paid: $0.00 Signature: Harvey,Anthony Amount Due: ;_4.149:99 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)'Customer,""you"and'your"mean the customer or"Lessee"identified reviewed prior to signing this Contract). Following is an abbreviated statement of the subject exceptions and on Page 1; (b) "Lessor,""Runyon,"'We,""us"and"our"mean Runyon Equipment Rental Inc, and Runyon exclusions: Repair/replacement costs: (a)which,in the aggregate, exceed the Coverage Limit; (b)for tires, Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or"(ace"of this Contract;(d)"Rented tubes and wheels;(c)for any Rented Item(s)which is/are not returned to us at the end of the Term;and(d)for Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time Rented Item(s)damaged or destroyed as a direct or indirect result of:(i)your breach of this Contract;gross Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from negligence,misuse and/or abuse of any Rented Item(s);(ii)vandalism and/or malicious mischief,(iii)use of us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent's,together with any alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy of insurance.Your insurance other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned will continue to apply for our benefit and will remain primary(we will be subrogated to your rights under such to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to policy):You agree to assign to Runyon all of your rights thereunder and to take all actions necessary to assist us pay us Rent until the Rented Item(s)is/are returned to and accepted by us.No Rented Item(s)is/are to be left on in recovering from your insurer for all damages covered by this LEPP. our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a A complete statement of the LEPP provisions is available at the rental counter and on our websites at single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours hffp://www.runyonsurfaceprep.conVsites/www.runyonsurfaceprep.com/files/Damage_Waiver.pdf and per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for http://www.runyonrental.com/siteslwww.runyonrental.com/files/Damage_Waiver.pdf. X (Initial) all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by (11)DefaultiRemedles If you or any guarantor: (a)fail to fully and timely comply with any provision of this you and will become the properly of Runyon. Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or 2 Use. You will ensure that the Rented Items is/are used safe) and in accordance with the"Instructions" liquidator;ore die or cease conducting business you will be deemed in default whereupon,we may without ()— () Y q () 9 .Y P Y identified in Section(5),only at the address set forth on Page 1(the"Site',in full compliance with all applicable notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief laws;rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being obligated to do remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. direct;indirect, incidental and consequential damages, costs and expenses (including without limitation, lost Only you and your authorized employees may use the Rented Item(s): rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s), (3)Delivery/Retrieval.If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular WITHOUT NOTICE,without interference from you, WITHOUT PROCESS OF LAW,and without us or our delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not agents being liable for property damage,trespass,forcible entry,or other similar transgression; and/or(vii) responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You pursue any other rights and/or remedies available in connection herewith,at law or in equity. _ are responsible for loading and unloading the Rented Item(s).If we assist in loading and/or unloading the Rented (12)WAIVER/INDEMNITY.WE ARE NOT THE MANUFACTURER OR DESIGNER OF THE RENTED ITEM(S). Item(s),you agree to indemnify,defend and hold harmless Runyon for any property damage or personal injuries, ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS."WE MAKE including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, any delays caused by the acts or omissions of any other parties,including but not limited to any providers of MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) other equipment,products or services related to your planned use of the Rented Item(s)("Other Providers")for REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR which you agree to indemnify,defend and hold harmless Runyon. - INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE. NO DESCRIPTIONS OR OTHER ASSERTIONS, (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested by DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, Lou;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED user manuals and other information,if any(including all training required under applicable EPA,OSHA and/or ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, equipment(including personal fall protection,gloves and protective eyewear,as applicable); (iv)will use the RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU Rented Item(s)only for its/their intended purpose(s),in a reasonable and safe manner; (v)will immediately SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN discontinue use of the Rented Item(s)if it/they malfunction(s)or appear(s)defective(a"Malfunction')and notify SUCH DEFENSE. Runyon immediately;and(vi)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in Leases.Your duties hereunder are UNCONDITIONAL. need of maintenance or repair,you agree to immediately discontinue use,notify us,and If directed to do so, return the Rented Item to us.You further agree you will not repair or have anyone else repair any Rented Item. (14) Miscellaneous.This Contract,and any Addenda signed or provided by Runyon, represents the entire Failure to timely notify us rn y' sult in your being charged the entire Rent. We may(at our option):(a)repair the agreement between you and Runyon.This Agreement supersedes all other agreements and representations Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably (including our website and advertising).The headings used herein are solely for convenient reference and shall possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attorneys'fees and respect to Malfunctions. You hereby waive, any and all other claims, including without limitation, incidental, other costs of enforcing this Contract.You will pay all taxes,fines,fees,assessments and other similar charges consequential,statutory,special,exemplary and punitive damages,against Runyon. related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the _ or unenforceable_by any court of competent jurisdiction,_such_provision will be-deemed-deleted, and the Rented Item(s)is to use it/them in full compliance with this Contract during the-rental term.You Will protect the remainder of this Contract will remain valid and in full force and effect.Time is of the essence.There are no third- Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or Rented Item(s). Neither our.exercise, nor our failure or delay in the exercise,of any rights or remedies will interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of constitute an election of.remedies or a waiver of any right or remedy Runyon may have.If any performance the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act (8)Damaged,Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), of God"(e.g.,any event,fact orcircumstance beyond our reasonable control),Runyon will be excused from such regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All of our possession.If the Rented Item(s)is/are stolen or damaged,you will pay list for parts,labor or,if a total amounts due hereunder will bear interest at the rate of one and one half(1 'h)percent per month added to loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you by others. write which is returned NSF. Runyon's maximum liability under or in connection with this Contract is limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all per occurrence; (b) inland marine insurance a the equivalent (including coverage for property in transit), other items you rent from Runyon at any time(except only as expressly set forth in any other agreement covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence,for any rented photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the to a fury trial of any claim or cause of action based on or arising out of this agreement or the subject matter above coverages specifying that they will not be cancelled during the rental term. hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without (10)Limited Equipment Protection Plan("LEPP").LEPP IS A DAMAGE WAIVER. IT IS NOT INSURANCE, limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to NOR IS IT A WARRANTY. If we have offered and you have purchased the OPTIONAL LEPP(itemized on any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) Page 1 if available),you will have no liability to Runyon for 50%of the total repair/replacement cost for physical acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal damage to covered Rental Item(s), up to a maximum of$5,000.00 of covered costs(the"Coverage Limit', counsel. subject to certain exceptions and exclusions as more particularly set forth in our"Damage Waiver Agreement" (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN available at our rental counter and on our website, as provided below(a copy of which you acknowledge having CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. VOUCHER # 146049 WARRANT # ALLOWED 354867 IN SUM OF $ RUNYON EQUIPMENT RENTAL , 410 W. Carmel Drive Carmel, IN 46032 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR I Board members PO# INV# ACCT# AMOUNT Audit Trail Code 325375-1 01-7202-06 $247.44 { 325375-1 01-7502-06 $48.36 -3D-5067 --D 01 -7,10a-0(a i t; Voucher Total Cost distribution ledger classification if claim paid under vehicle highway fund i Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill tobe properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 354867 RUNYON EQUIPMENT RENTAL Purchase Order No. i 410 W. Carmel Drive ; Terms Carmel, IN 46032 Due Date 11/20/2014 s Invoice Invoice Description Date Number (or note attached i{nvoice(s) or bill(s)) Amount 11/20/201, 325375-1 $295.80 i I hereby certify that the attached invoice(s), or bill(s) is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 Date Officer