HomeMy WebLinkAbout259326 06/06/16 OW CITY OF CARMEL, INDIANA VENDOR: 354867
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $********48.36*
CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK NUMBER: 259326
CARMEL IN 46032 CHECK DATE: 06/06/16
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 384640-1 48.36 OTHER EXPENSES
VOUCHER # 165343 WARRANT # ALLOWED Prescribed by State Board of Accounts
j ACCOUNTS PAYABLE VOUCH
354867 IN SUM OF $ ! CITY OF CARMEL
RUNYON EQUIPMENT RENTAL
410 W. Carmel Drive An invoice or bill to be properly itemized must show, kind of service
Carmel, IN 46032 performed, dates of service rendered, by whom, rates per day, nun
I price per unit, etc.
Carmel Wastewater Utility { 354867 Payee
ON ACCOUNT OF APPROPRIATION FOR RUNYON EQUIPMENT RENTAL Purchase Or
410 W. Carmel Drive Terms
Carmel, IN 46032 Due Date
Board members
Invoice Invoice Description
PO* INV# ACCT* AMOUNT Audit Trail Code Date Number (or note attached invoice(s) or b
5/16/2016 3846401
3846401 01-720H-08 $48.36
L
Voucher Total $48.36 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
Cost distribution ledger classification if ,
claim paid under vehicle highway fund
Date C
YVC Arlt IVV 1 ncorUNAIDLt runt UAIVIAUC UUIVC vvntN LUAUINU/UNLUAUINU t6lUIVIVILN 1.
III II VIII II I VIII VIII VIII II IIII Page 1 of 9
410 West Carmel Drive Status: Closed
Ru NYo� Invoice#: 384640-1
EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Thu 5/12/2016
1-800-276-Tool(8665) www.runyonrental.com Date Out: Thu 5/12/2016 4:06PM
317-566-8888 Phone
"Don't be a tool-Rent one" 317-566-2990 Fax
Operator: Devin Esterly
us omer Terms: On Account
CARMEL WASTE WATER 317-571-2645 Phone
9609 HAZEL DELL PARKWAY
SUITE 110
INDIANAPOLIS, IN 46280
Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm
Picked up by: Kellam, William
Salesman: NONE
Qty Key Items Ser# Status Each Price
2 101-1 PROPANE 30 POUND REFILL Pulled $24.181 $48.36
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)
ISIARE 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: $48.36
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: $48.36
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 Sales Tax: $0.00
Total: $48.36
Paid: $0.00
Signature:
Kellam,William Amount Due: $48.36
11
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 statement of the subject exceptions and exclusions: Repair/replacement costs:(a)which, in the aggregate,
on Page 1; (b) "Lessor," "Runyon,"'We,""us"and "our"mean Runyon Equipment Rental Inc.and Runyon exceed the Coverage Limit;(b)for tires,tubes and wheels;(c)for any Rented Item(s)which is/are not returned to
Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or'lace"of this Contract;(d)"Rented us at the end of the Term;and(d)for Rented Item(s)damaged or destroyed as a direct or indirect result of:(i)
Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time your breach of this Contract;gross negligence,misuse and/or abuse of any Rented Item(s);(ii)vandalism and/or
Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from malicious mischief,(iii)use of alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy
us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent"),together with any of insurance.Your insurance will continue to apply for our benefit and will remain primary(we will be subrogated
other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned to your rights under such policy). You agree to assign to Runyon all of your rights thereunder and to take all
to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to actions necessary to assist us in recovering from your insurer for all damages covered by this LEPP.
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 A complete statement of the LEPP provisions is available at the rental counter and on our websites at
our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a http://www.runyonsurfaceprep.com/sites/www.runyonsurfaceprep.com/files/Damage_Waiver.pdf and
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.runyonrental.com/sites/www.runyonrental.com/files/Damage_Waiver.pdf. X (Initial)
per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for
all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of (11) Default/Remedies.If you or any guarantor: (a)fail to fully and timely comply with any provision of this
nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an
you and will become the property of Runyon. assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or
liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without
(2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief
identified in Section(5),only at the address set forth on Page 1(the"Site'),in full compliance with all applicable from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being obligated to do
laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated
remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the direct, indirect, incidental and consequential damages, costs and expenses(including without limitation, lost
Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s),
Only you and your authorized employees may use the Rented Item(s). WITHOUT NOTICE, without interference from you, WITHOUT PROCESS OF LAW, and without us or our
(3)Delivery/Retrieval.If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular agents being liable for property damage,trespass,forcible entry, or other similar transgression; and/or(vii)
delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not Pursue any other rights and/or remedies available in connection herewith,at law or in equity.
responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You (12)WAIVERIINDEMNITY.WE ARE NOT THE MANUFACTURER OR DESIGNER OF THE RENTED ITEM(S).
are responsible for loading and unloading the Rented Item(s).If we assist in loading and/or unloading the Rented ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS°WE MAKE
Item(s),you agree to indemnify,defend and hold harmless Runyon for any property damage or personal injuries, NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY,
including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS)
any delays caused by the acts or omissions of any other parties,including but not limited to any providers of REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR
other equipment,products or services related to your planned use of the Rented Item(s)("Other Providers')for INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE.NO DESCRIPTIONS OR OTHER ASSERTIONS,
which you agree to indemnify,defend and hold harmless Runyon. REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US.
(4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO,
Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY
and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE
maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE,
SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR
(5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY,
Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS,
Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested by EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND
vou;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT
you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED
not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING
user manuals and other information,if any(including all training required under applicable EPA,OSHA and/or AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR
ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY,
of the Rented Item(s);It)will fully comply therewith;(iii)have been offered all recommended or required safety RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU
equipment(including personal fall protection,gloves and protective eyewear,as applicable); (iv)will use the SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN
Rented Item(s)only for its/their intended purpose(s), in a reasonable and safe manner; (v)will immediately SUCH DEFENSE,
discontinue use of the Rented Item(s)if it/they malfunction(s)or appear(s)defective(a"Malfunction')and notify
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-
Leases.Your duties hereunder are UNCONDITIONAL.
(6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in
need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, (14) Miscellaneous.This Contract,and any Addenda signed or provided by Runyon, represents the entire
return the Rented Item to us.You further agree you will not repair or have anyone else repair any Rented Item agreement between you and Runyon.This Agreement supersedes all other agreements and representations
Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the (including our website and advertising).The headings used herein are solely for convenient reference and shall
Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attorneys'fees and
possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with other costs of enforcing this Contract.You will pay all taxes,fines,fees,assessments and other similar charges
respect to Malfunctions.You hereby waive, any and all other claims, including without limitation, incidental related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County,
consequential,statutory,special,exemplary and punitive damages,against Runyon. Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid
or unenforceable by any court of competent jurisdiction, such provision will be deemed deleted, and the
(7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to 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)is to use it/them in full compliance with this Contract during the rental term.You will protect the party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability
Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the
any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or Rented Item(s).Neither our exercise, nor our failure or delay in the exercise,of any rights or remedies will
remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or constitute an election of remedies or a waiver of any right or remedy Runyon may have.If any performance
interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any`Act
the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such
(8)Damaged,Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), Performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All
regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out amounts due hereunder will bear interest at the rate of one and one half(1 Yz)percent per month added to
of our possession.If the Rented Item(s)is/are stolen or damaged,you will pay list for parts,labor or,if a total accounts over ten It 0)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay
loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you
theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, write which is returned NSF. Runyon's maximum IfabIIIty under or in connection with this Contract is
by others. limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to
persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The
(9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all
general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 other items you rent from Runyon at any time(except only as expressly set forth in any other agreement
per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original,
covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a
physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence, for any rented true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing
auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right
subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our to a iury trial of any claim or cause of action based on or arising out of this agreement or the subject matter
insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without
above coverages specifying that they will not be cancelled during the rental term. limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to
(10 Limited Equipment Protection Plan("LEPP"or"Damage Waiver").LEPP IS A DAMAGE WAIVER.IT IS any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b)
NOT INSURANCE,NOR IS IT A WARRANTY.If we have offered and you have purchased the OPTIONAL acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal
LEPP (itemized on Page 1 if available), you will have no liability to Runyon for 50% of the total counsel.
repair/replacement cost for physical damage to covered Rental Item(s), up to a maximum of$5,000.00 of (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN
covered costs(the"Coverage Limit'),subject to certain exceptions and exclusions as more particularly set forth CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION.
in our`Damage Waiver Agreement"available at our rental counter and on our website, as provided below(a
copy of which you acknowledge having reviewed prior to signing this Contract). Following is an abbreviated