207604 03/26/2012 e CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
A ,�q ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
TI CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $20.90
CARMEL IN 46032
CHECK NUMBER: 207604
CHECK DATE: 3/26/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 221097 20.90 OTHER EXPENSES
In consideration of the payment of additional rent dassTed as 'damage waiver' by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
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
A 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 reddess, 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
EQUIPMENT RENTAL 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 a Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, t 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 property in a careful and prudent manner and
C JkW6L FISHERS 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.
317 566 8888 The parties agree that in the event the Rentee violates arty of the terms and condi ons of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (11/2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (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
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, ether expressed or implied, including any implied
"Don't be a tool Rent one" 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 com 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 a Saturday 7:00 am 4:30 pm a Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL WATER DISTRIBUTION 161 SHOP
3450 W. 131ST STREET Con# 221097
CARMEL IN 46074
Loc 100
SSN: PHONE DATE TIME
W (317) 733 -2855 OUT 03/09/12 3:26 PM WH
W (317) 733 -2840
ID #3 PO /JOB RECE•IVEB=
SHOP ALVEY, RICK 03/09/12 3:27 PM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN .,,HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
1 101 PROPANE 30 POUND REFILL 20.90 20.90 20.90
n i s
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SU&IECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 00
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 fuel. SALES 20 90
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND OTHER 0.00
FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM 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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SIG'IATURE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX O O O
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 0 0
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, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 20 .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 BILLED 20.90
LEASED BY X
EQUIPMENT PRIM t NAME PHONE 09 MAR 12 15: 27 40
EQUIPMENT
RETURNED BY X t= t?: RENTAL FEES DO NOT APPLY TO PURCHASES.
E CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eauinment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds It suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment andor arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings. costs, expenses, damages and liabilities including attorneys fees which (1) relate to injury or to destruction of
property, or bodily injury, illness, sickness, disease or death 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 leased herein or by the liability or conduct (including
active, passive, primary 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 Runyon against all suits or proceedings commenced by anyone
n which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense ardor settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is al !owed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over r.
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this .Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyor:.., whether on the data of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when the equipments in bad repair or is unsafe, (c)
Improper. unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. Ali equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also. use of alternative fuels Biodiesel. E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure 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 are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the remove' of the goods.
9.Tires. Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon: of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT PRAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges- Equipment is to be returned 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. Runyon may assign its rights under this Agreement without Customer's consent, but will rema bound by all obligations herein Customer may not sublease or loan the equipment without
Runyon's written permission. Any purported assignment by Customer is void.
13.Time of Return. Customers right to possess on lenminafes cn the exp!raT: -on of the rental period "Due bi' date time) and retention of possession: alter this fi;me constitutes a materiall breach of this Agreement. Time is of the essence In this
Agree ent Any exiansion must be mutually agreed upon in minting.
14. Late Return. Title to equipment is and shad at all times remain with Runyon. Failure to return the equipment by the "Due In date will subject Customer to a charge of conversion (theft;.
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation 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 collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 1'2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that it legal action is brought to enforce this agreement that Hamilton County, Indiana, shall be the jurisdiction and legal vencie for said action, unless otherwise agreed by Runyon and Customer at a later time.
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 either party to enforce such provision thereafter.
18, Damage Waiver. Inconsideration of the payment of additional rent classified as'darl waiver" by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental property normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sure 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 Customer or in the case of abusive damage, theft 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 capacit or damage to tires, tubes and wheels caused by blowout, bruises, 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. IT
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 Runyon's possession. Equipment lost, stolen or damaged
beyond rcpa f wit;' be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whelhgr performed by Runyon. or, at Runyon's option, by others, at a
charge of sixty -five dollars (565.00) per hour plus parts.
20. Severability. The provisions of this Agreement sha €I be severable so that the invaiidily, unenforceability or waiver of any of the provisions shall 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 equipment, Customer agrees to assume the risk of and 'hold Runyon and /or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23, Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes of fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimb:irsement is due Customer in the event that fewer
days and/or miles are actually used.
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment. or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its acenls and employees
harmless from and against any and all losses, liabilities, 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, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance. any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer or its agents or employees,
or 'Or the confiscation of the 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 limits of liability provided for herein as a
result of injury. death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or e tiployee of Runyon for any reason or any purpose. During
the tern, of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick 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 chairs.
If this service is required, arrangements should be mace several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our diver must call for authorization. If time permits.. we will
try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs wal be lei: until the next day ,)men a special
cre; +can he scheduled There will be an additional one day ren ial.,A knc;,k crown fee will result if rental items are still up.
27- Waiver of Jury Trial. Each party ,.0 vcs it r g ilt to a luny trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to a, disputes feat may relate to the s b ect mailer hip i
Including, wlinoui limitation, contract, tort, bread^ of duty. and all other pgmmotn law and statutory claims, and will not be subject to any exceptions. Each parry (A) understands that this is a waiver of irnportaut legal fights aria (B) acknovrfedges that
f neishe.'t has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingiv, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury Trial rights.
28. Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets. tolls. court costs, attorneys' fees and other charges assessed during the Term in /Connection with the use, parking. storage. and,
or possession of the Equipment, regardless of the Identify of the driver of any vehicle You rent from Us.
29.Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees not to tow
any trader rented from LESSOR,rDEALER (a) in a careless -or negligent manner, (b) at excessive speed or (c) while under the influence of ;medicafion, alcohol, or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the partid Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT 1-1Al TATION, THE !fAPL +ED
WARRANTIES OF FAERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR .AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER. REGARDLESS OF \NHE7HER. SUCH DAMAGES ARISE
UNDER THEOR ES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged du ing shipping. This policy also applies 10 warranty ratums. As
stated n the Rurvor'Return Pokcy' when customers return an rism or items forcrest a 25° restocking fee will be charged to your account, plus all applicable inbound and outxu r -1 eight t !s policy also applies to slipmenis refused act, turl
All qtr Iland ^s of whole goods are sublet': to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not tefurchole A pa+Ts purchases are non refundauie Anv snipment
a :n conditions other'hec brand new will oe Charged 501; restocking fee of :he total amount. All returns must be properly boxed before they are returned Its the customer's resuonslor id iep,rt ary damages'sho des w.:nm 48 °ours
of rece,vnc me prod: r Runyon will rot accept claims 48 :icurs after delive "s' Runyon will not accept returns without authorization. Upon issuing a Merchandise Return. Atrh n a:ion (VHA) Runyon nyon ,if struct customers as o ,re .,a st neanscl
etu g i i ,rcnarrse. Ri.i°y on s VRA's are valid for 30 clays after issuance, MRArt are not valid after the 30 day time limit expires. Runyon will absolutely not, under an, cir „r, stances, issue an MRA o :_t -ms on sed or darnacee products Any
rr ^irnt rela e :i damage mast be cotec' c. the signed Bill of Lading AT THE TIME OF DELIVERYThe purchase price at time of safe is final.
REPRESENTATIONS AND WARRANTIES: Se le rcproso its slit' warrarfs that (a; Seller has all necessary right, power and authority to enter into and perform the 4ansactors reterenc, d berem: (b SC:=er has aaoc and niarketablo uhe i lha
E. r ano tot on the "ran; er Date, Seia vvill convey tie same to B' ,er [save only `or the purchase money lien, if any, to be retained by Seller should Se er, at its sole option elect in finance all or any Portion of the Pt ase r::c
epresents and wa'rare th :t (i) Buyer nasal necessary right oo,ver and autf,only'o enter into and perturm the transactions referenced herein; {ii) Buyer has se:ected and carefully rrspectedand examined :he Fqt p. e1 i and oUnri L
artcept tb!e to Buyer in all respects :rased on !terra established solely by Buyer and not based on any recommendation by Seller; and ;iii) Buyer has received, carefully reviewed and satisi ed ;;rh, all available :ra r,;r g -n_D c, Xe "Dry
user manuals, and other tot; rmaiidn (including a training required under applicable OSHA and/or ANSI Standards, if any) regarding the proper and safe transportation:, use, maimenance, repair and storage of the Equipment.
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 3/20/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
3/20/2012 221097 $20.90
6
hereby certify that the attached invoice(s), or bill(s) is (are) true and
:orrect and I* have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer
VOUCHER 114032 WARRANT ALLOWED
354867 IN SUM OF
RUNYON EQUIPMENT RENTAL
410 W CARMEL DRIVE
CARMEL, IN 46032
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
221097 01- 6200 -06 $20.90
Voucher Total $20.90
Cost distribution ledger classification if
claim paid under vehicle highway fund