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205590 01/17/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $27.90 CARMEL, INDIANA 46032 410 W CARMEL DRIVE a «o CARMEL IN 46032 CHECK NUMBER: 205590 CHECK DATE: 1/17/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 216923 27.90 OTHER EXPENSES In consideration of the payment of additional rent classified as "damage waiver' by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might O have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of ArA property rented a sum equal to 5 of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or Eg iJl1'MENTNTAL other causes inherent in the use of the Equipment, it is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment, The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said properly in a careful and prudent manner and CARMEL FISHEt_5 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 317 5 8 88 6 The parties agree that In the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney foes, court costs and interest of one and one half (1 1/2) percent per month added to accounts over ten (10) days old, reftecfing an annual percentage rate of eghleen (18) percent FAX: 317 -566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or Don't 6e a tool -Rent one" damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www, runyonrental. eom incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED: TO r JOB LOCATION TICKET CARMEL UTILITIES 206 160 3RD AVENUE SW, #110 Con# 216923 CARMEL IN 46032 Loc 100 SSN Ff:'ONE'. DATE TINA'_ W (317) 571 -2267 OUT 01/03/12 2:16 PM WH F (31.7) 571 -2265 ID #3' PO /JOB RECEIVEDL BY, 010312 COOKSEY, SHAWN I 01/03/12 2:17 PM WH *FINAL Page: I QTY ITEM# EXT AMT NETr;AMT WEE K. 4 WEEK MIN HOURLY OVN?ITE, -HOUR DAY 1 102 PROPANE 40 POUND REFILL 27.90 27.90 27.90 r !X' t 4 IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE.YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEF r), RENT 0 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. Customer is liable for all damages repairs that result from alternative iuel. SALES 27 90 1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT ANQJ OTHER 0 00 FULLY UNDERSTANDTHOSEINSTRUCTIONS IALSO UNDERSTAND THAT IAM THE PERSON RENTING THIS PROPERTY AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW/ FEES 0 00 UNDERSTANDTHAT GIVING OR LENDING THIS PROPERTYTO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL, X SIGNATURE Addl TAX 0.00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT. COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00 EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES, ANDIOR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 27 90 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BI LLED 2 90 EQUIPMENT p e d., CELL LEASED BY X t t i s "'I''ef. PHONE' 03 JAN 12 19:17:06 EQUIPMENT f RETURNED BY X r +M, RENTAL FEES DO NOT APPLY TO PURCHASES. E C HARG E FOR TIME- UT NOTTIME USED. Equipment is clean and full of fuel_please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES, DUEL AND ELECTRIC CURRENT. will apply. X NO ADJUSTMENTS OR CREDITS will be made on equipment We cha a 5% Damage Waiver on all eq uipment rentals. malfunctlnns unless Runvnn Errutnment Rental has been notified. 9 9 TERMS AND CONDITIONS t. Inspection. Cusio €net acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable far its needs and in good condition, and that Customer understands its proper use. CUStomer further acknowledges its duty to Inspeol the equipment prior to use and notify Runyon Equipmenl Rental Inc (hereinafter Hurd of any defects. 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE OR THAT IT IS FREE FROM DEFECTS. 3. Indemnilioatson. Custorer agrees to a55ume the risks of_ and hold Runyon ha €inters far, property darnago and personal injuries, including death and dlsmembarmart. caused by the equipment rndror coning out of Runyonls negligence. Cusiomer shall indemnify and defend Runyan against and hold Run;ron harmless from any and all claims, actions, suits, proceedings. costs, expenses damages and liabilities including attorneys fees ,which (1) relate to injury or to dastnuctson of prcperlp, or bodily injury, fibers, sickness, disease or dentin of any person (including employees of Customer), and (2) are caused by or claimed to be caused, in whole or in part, by the equipment Ill hereir, or by the liability or conduct (irlduciing active, passive, primacy or secondary) of Customer, its agents or employees or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyan against all suits or proceedings commenced by anyone o which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or wising out of the equipment, or any alleged act or omission by Runyon, and Cusiomer shalt be liable and responsible for all costs, expenses anti attorney's fees incurred in such defense arnd`or settlement, judgment or other resolution. In the event that such action is Commenced naming Runyon as a party, Rurnon may elect to defend said action on Its own behalf and Customer agrees that it shalt be'Wnd for all costs, expenses and attorney's fees Incurred by Runyon in such defense. 4, Rental Charges and Terms. Equipment with hour maters Is a'lov ed eight (8) hours use within a 24-hour period of time. Rental rates for equipment are based an usage during this eight (8) hour shift. If Customer runs the equipment for over 8 hours In one day, Customer vrll be charged for extra hours on equipment. One day is 24 hours or eight (S) hours running time 1 6 hours nrnning time in 24 hours a 2 -day charge_ 24 fours running time in 24 hours a 3 -day criarge. 5_ Future Rentals. Customer acknowledges that tire terms of this Agreement will be deemed in apply to all Equipment Customer may rent or purchase from Runyon.,, whether on the date of this Agreement or at any time !It the fuiure [except only as to any Equipment andlor other items tiwflh respect to which Customer executes a new Agreement). 6. Prohibited Uses. Use of the call npment in the 101biving circumstances Is prohibited and constitutes a breach o, this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when the equipment is In bad repair or is uncfe; (c) Improper unintended use or misuse: idt Ise b, anyone other than Customer r its employees, °without Runyon's written permission; (a) Use at any location other than the address Iurnlslned Hunyon without `w1yon's written permission. 7. Fuel and Oil Levels At aquif merit s full of fuel when rented to Customer and must be returned to Runyon frill or additional charges will apply. Also use of alternative fuels (8iadlesal. E85 etc.) In Runyon: equipment is pranlblfad. Customer as able for all damages and repairs that result ham alternative fact- Runyon checks the oil level in life equipment when It is rented to Customer, Maintenance of proper oil level in the equipment is solely In. responsibility of Customer. 8. Repossession. Doan a tailura to pay rent or other breach of this contract Dealer may terminate this contract and take possession of and remove the goods from wherever they arc, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal or the goods. 9.Tires. Customer is totally responsible for all tire repair it is Customers option to Check over the tires before the equipment leaves and notify Runyon of any Irregularities spotted. 10. Insurance. Runyon's insurance does riot cover equipment while In Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and unfit it has been returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORIMA'_ BUSINESS HOURS REMAINS THE CUSTOMERS =tESt�GNSlRILITY_ 11. Cleaning Charges. Equipment is to be retrined to Runyon as clean as when it left A charge of sixty-five dollars ($65.00) per hour will be charged for cleanup_ 12. Assignments, Subleases and Loans of Equipment. Funyon may assign its rights under this Agreement without Customer's consent, bill will remain bound by ail obligations herein. Custama may not sublease or loan the equipment without Auny!,r's written permission. Any purported assignment by Cusiomer is void. 13. Time of Return. CustorneI's right to possession for minates on the expiration of the rental period "Due n" date lime) and retention of possession after this time can fares a material hreac t of this Agreement. 7 me is of the essence irl Iti s Agreement. Any axtansior mustbe mutually agreed upon In writing. 14. Late Return. '`'life to equipment is and shall at all times refrain with Runyon. ailure to return the equipment by the "Due In' date will subject Customer to a charge or conversion ?theft). 15.Time of Payment, Accounts are due and payable at 'he termination of the renta=l period 16.Vlalation of Agreement and Venue Costs, Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may colieci damages together wish reasonable attorney's fuss, court costs and interest vt one and ono calf fi !a.) percent per month added to accounts over ten (10) days old, reflecting an annual percontage rare of eighteen (18) percent. Customer agrees that this agreement is to he construed under the laws of €he State of Indiana sill that: legal action is brought to enforce this agreement, that Ham Ilion County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Hunyon and Customer at a icier iime. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of other party 10 enforce such provision thereafter. 18. Damage Waiver. In Consideration of the payment of additional rent classified as "damage waiver by Customer, Runyon agrees to, and hereby does, vraive its right, or any right U might have against Customer, arising from normal damage of the rental properly, normal damage to be determined by Runyon. Customershall pay upon return of property rented a sum equal to i or real charge, This 'damage waiver' does not include damage or loss of the property as a result of the negligence of Customer ar in The case of abusive damage, shaft or other gross negligence of Customer, This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment. use or operation of the equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, drosses, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an Insurance premium, and that this provision does not represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon 's rental rates. They are extra. 19, Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Hunrl possession. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the lime of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a charge of sixty -five dollars ($65,00) per hour plus parts, 20. Severability. The provisions of this Agreerront shah be severable so that the invalidity, unenforceability or waiver of any of the provisions shaft not affect the remaining provisions. 21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist In loading or unloading the equpment, Customer agrees to assunne the risk of and mold Runvon andlor its e :mpoyeas harmless forany property damage or personal Injuries, including damage and personal injuries attributable to the negligence of Runyon 22, Property Damage. Runyon is riot responsible for any damage .whatsoever as at result of on -trial deliveries or pick -up by Hunyon. 23. Fees, Licenses, Permits.Taxes and Fines Customer shall be solely responsible for payment of any fees, lloensfis, permits, taxes or fines, required by or resulting front the Cusio €hers use or operation Ljr the equih,nert 24. Charges. Cusiomer shall pay all charges required undo; this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reinttrursernerd is due Gush>rmer in sha ever,) ii;ar tamer days andlor miles a;e actually used. 25. Other Liability. Customer assumes all risks from tine improper use of beeci q uipment. Customer is responsible lot damages to Customer's properiV or goods in storage or in':ransit. nr for any property let or stored 'nthe equipment. or elscrther; :r, the renting location. Customer agrees net 0, Hold Runyon liable !or damages from down time, materials or other consequential damages resulting from the use of the oqufpment. Customer releases and holds Runyon.. its 3genis and emplo> ees harmless tram and against any and all losses, IlabtltPos, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penal ies and for'eiiures Imposed by any governmental entity. and, to the extent riot covered by Insurance, any claims or liabilities !a third parties arising out of the abandonment, conversion, concealment Or unauthorized sale of the equipment by Customer or its agees 3r aripiol or for the conflscsi of tine equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense ir. excess of the 111 01 faulty provided fur herein as a esult of Injury death or property Camara arising out of Customer's use of the equipment Neither Customer not any other user of the equipment shall be deemed the agent servant or employee of Runyon far any reason or any purpose. Dual the tonal of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jarisdiclion. 26. De €iverylPlck Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chefs. h this service is requrr should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery our driver must call for authorizat on h t!n- permits, we will try to accommodate tau after quoting the price. Oa pick up where no prior arrangements have been made and rental items are not knocked down and assembled in aria sheltered area, rabies and chairs ;will be left until the next day when a special Crew can be scheduled. T'ril wilt be an additional one day rental, A knock down fee will result if rental items are still up. 27.Wafver of Jury Trial, Each party wail its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver parlains to a'i disputes that may relate to the subject matter hereof. including vmh oil hmitil l,^.n, Mi'l i, tart, breach of duty, and all other common law and statutory claims, and will noT be subject to any exceptions. Each party (A) understands that this is awaiver of important legal rights and f8) acknowledges that he, sha2t has had a re2sonable opportunity to discuss this waiver and its effects with legal course). Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights. 28.Tickets, Pines and Penalties. You agree to filly and promptly pay all fines, penalties parking tickets, traffic tickets, "Ills. court costs, attorneys' fees and other charges assessed during the arm in connection with the use, paitkorig storage, and.+ or possession of the. Equipl regard €ess of the identity of the driver of any vehicla You rent from Us 29.Trailers and Towing. The cL'statrer is responsible for inspecting and maintaining the trailer Coupling rnechanisru safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees nat to tow any iraaer riz eni from LESSOR.'DEALER ,a; in a careless or negligent manner, (b) at excessive speed or (c) :hi under the influence of medication• alcohol, or Illicit drugs. 30. Headings. 1'ha headings used herein are solery for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAI_TERMS AND CONDITIONS FOR SALES All sales are a so governed by the ,,a i,, Equipr^nert Purchase Agreement If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistf then rite term,, from the Equ_p en; R hlse Agreemenf p avail. AS-IS NO WARRANTY:':' HE' WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIAAl ATION,'HE '',fv1PLIED MJAPRANTIES OF NIERCHANTABIITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OFTHIS EQUIPMENT. RUNYON EQUIPMENT RENTAL [NO OR AFFILIATED COfv1PA ?`'IES W ILL NOT BE L',ABLE OR RESPONSIBLE FOR ANY SPECIAL. INCIDENTAL OR CONSEOUENTIAI_ DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUST0`,tLR, Rr GARDLESS OF WHETHER SUCH DAMAGES ARISE TINDER fHEOR'ES OF THE ;,KvJ OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS: The cusoomer is liable far all shipping costs when aturning or exchanging an item to Runyon, unless the product has bee" damaged during Shipp lrg.Th s policy also applies in warranty returns. As stated h;; Runyon "Return Policy'whan customers return art item or items for Credit a 25 restocking fee will be charged io your aCCOUn €,plus all applicable inbound and culbeand height. his poicy also applies to shipments r ©'used and net _curt. All cancellations of whole goads are subject to a 25% lot torai invoiced order) cancellation fee on In stock items from Runyon locations ONLY. Retain shipping of the product is not refundable. Ail parts Purchases are nor refundable. Amy shipment received in cond'ibris ether than brand new will oe charged 50% restocking fee of the total amount All returns must be properly boxed before they are returned. It's the customer's responsibility to report any oamava horlac es Afth! 1 48 oo rrs Of receiving the product Hunyon will not accept claims 48 sours after delivery. Runyan will not accept returns without authorization. Upon issuing a Merchandise Return Authorization fMRA.] H,myon will trst-uci c €s o ors as to r7c bcM mer1r.s of returning rnerchandise. Runyon il� MRA's are valid for 90 days after issuance, MRAS are not valid after the 30 day time limit expires_ Runyon will absolutely not, under any circumstanoes, issue an MRA for returns on user' or dinnil products. Any freight related damage rmust be noted on the signed Sill of Lading AT THE TIME OF DELIVERY The purchase price at Isms of sale is final. REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced heroin; @t Seiler has goon and marketable title to the rifer _s€ t a -xl (c) on titeTranster Date, Sale, will convey the saran to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of Ins Furor are Price). Buyer recresents and warrants ihaC fl Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein, fill Buyer ies selected and carefully inspected and examined the Equipment and faued iha same to be arceptabie to Buyer in all respects based on criteria established solely by Buyer and riot based on any recommendation by Seller: and (ifs) Buyer has received, carefully reviewed and is satisfied with, all available training, instructions. cpe €ating and user manuals, and other information (including all training required under applicable OSHA andlor ANSI Standards, if any] regarding the proper and safe transportation, use, malnienance, repair and storage of the Equipment_ VOUCHER 113419 WARRANT ALLOWED 354867 IN SUM OF RUNYON EQUIPMENT RENTAL 410 W CARMEL DRIVE CARMEL, IN 46032 WATER OPERATIONS Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 216923 01- 6200 -06 $27.90 Voucher Total $27.90 Cost distribution ledger classification if claim paid under 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 of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 354867 RUNYON EQUIPMENT RENTAL Purchase Order No. 410 W CARMEL DRIVE Terms CARMEL, IN 46032 Due Date 1/10/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/10/2012 216923 $27.90 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited s ame in accordance with IC 5-- 11- 10 -1.6 I le- Date Officer