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216182 01/09/2013 CITY OF CARMEL, INDIANA VENDOR; 354867 Page 1 of 1 0 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $2,283.21 CARMEL, INDIANA 46032 410 W CARMEL DRIVE o� CARMEL IN 46032 CHECK NUMBER: 216182 CHECK DATE: 1/9/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 250470 761 . 25 OTHER EXPENSES 651 5023990 251802 1, 465 . 67 OTHER EXPENSES 651 5023990 251934 56 . 29 OTHER EXPENSES In consideration of the payment of additional rent classified as'damage waiver"by the Rentee,Renter agrees to,and hereby does wane its right,or any right it might R ��O A- 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`�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 reckless,careless or abusive operation or use t URFALE PREP RENTAL Sr SUPPLY 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 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 48032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,it 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 CARMEL•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 any of the temps and conditions 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,either 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.runyonsurfaceprep.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•Saturday 7:00 am -4:30 pm Sunday 9:00 am -3:00 pm RENTED=TO" JOB LOCATION— TICKET. #;'.;. " CARMEL WASTE WATER # 9855 JEFF COOPER 760 3RD AVENUE SW Con# 251934 SUITE 110 CARMEL IN 46032 Loc 100 SSN PHONE DATE.: TIME, H (317) 571-2634 OUT 12/06/12 10: 11 AM TT F (317) 571-2636 ID#3.'-. PO/JOB:# `.1 RECEIVED BY JEFF COOPER COOPER, JEFF 12/06/12 10: 12 AM TT ***FINAL*** Page: 1 "QT,Y ITEM# , EXT AMT NET AMT MII -,-,v HgURLYr OVNITE 8-HOUR DAY WEEK 4 WEEK 2 101 PROPANE 30 POUND REFILL 20. 90 41 . 80 41. 80 1 100 PROPANE 20 POUND REFILL 4: 49 14 . 49 14 . 49 IFTHE EOUIPMENT IS NOT RETURNED BY"DUE IN"DATE IOU WILL BE SUBJECTTO A CHARGE OF CONVERSION RENT . Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIB TED. Customer is liable for.all damages&repairs that result from alternative fuel. SALES 56.29 1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTION .I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.0 0 OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00 THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00 IMMEDIATELY.RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OFTHIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL &SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 56 29 AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT its a-; CELL AMT BILLED 56.29 LEASED BY Xs :`j j i:`. PHONE 06-DEC-12 10: 13 :01 EQUIPMENT RETU NE BY X ._ f`: '- rt; RENTAL FEES DO NOT APPLY TO PURCHASES. WE 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 ALL TIRES,DUEL AND ELECTRIC CURRENT. will apply. X "AL unless NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Surface PreD Rental&SuoDIV 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 fire equipment and finds it suitable for needs and in good condition,and that Customer unders!ar,ds its proper use Customer further acknowledges its duty tD inspect the equipment prior to use and notify Runyan Surface Prep Supply LLC (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 far,properly damage and personal injuries,including death and dismemberment.caused by the ocuipmera andro,arising out of Ru:nyon's neg;igerice. Customer shall ndemnify and defend Runyon against and hold Runyon,harmless from any and all claims.actions.suits,proceedings,costs,expenses.damages and hab sties including attornoy's fees which(')re;ate b injury or to destruction of prope•',<of budl:y ,;njury,:mess,sickness,disease or death of any persor.(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equ prnent'eased herein or by the haoihty or conduct(inc udng e,pasuve p!:rr.ary 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 ex ruse,defend Runyon against all suits or proceedings commenced by anyone r.0 Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or ansirg out of the equipment,or any alleged act or omission oy Runyon,and Customer shall be i:ab!e and tesporsips,for ail costs,expenses and attorney s fee:;incurred in such defense ano+or 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;ehaii and Customer agrees 11 t shah oz:iab:e for all costs,expenses and a:iorrey's fees incurred by Runyon in such defense. 4 Rental Charges and Terms. Equipment with hour meters is allowed 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 nine fl-e equipment`:or over 8 -ours In cne day.Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)horns 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 Runyon.,whether on the date 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 equipment is in had repair or is unsafe;(c) Improper,u^inh;nded use or misuse,(d)Use by anyone of.w than Customer or's employees,without Runvon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's waiter,permission. 7.Fuel and Oil Levels,Ai!equpment;s full of fuel when rented to Customer and must be returned to Runyon lull or additional charges will apply.Also,use of alternative fuels(Biodresel,E85,etc.;:in Runyon ecu pn- i-ht is prohibited Customer is able lot all damages and repairs€hat;osult from alternative fuel. Runyon checks the o'il.level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equip°:eft:s scaly the iespons!blity of Custo-e, 8.Repossession,Upon a fa;ure to pay mini 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 snail•rot be ;able for any ca!^s for damage or L Repass arising out of the remove of the goods. 9.Tires.Customer s totally resocns:ble inr all tire repair.q is Customer's option to checx over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runypr's nsurance Joe,rot cover equipment while in Customer's possession. Customer is responsible,for insuring the equipment once it leaves Rjnyon's property,and unt•;it has been r .r;roc :o Rurygn's propertyy and payment gas teen iece:ved.EQUIPMENT MAY ONLY BE PETU<NED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT A-RUNYON'S LOCATION OTHER T,AN,NORMAL BUSINESS_O;.jRS RFrrA:NS THE CUSTOMERS RESPONS00Tv = V 11.Cleaning f narges. Ego nrr ert!s to be retumeo to Runyon as:lean as when it Ieft A charge of sixty-five dollars fS65.00)per hour will be chargeq for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assigr Its rights under this Agreement mahout Customer's consent,but will remain bound by ail obligations herein.Customer may of sublease of!oea the eowpmeet without r.unyer s,vane panriss:on Ary purported assignment by Customer is void. 13.Time of Return. Customer's right to possession terminates on the expiration of the rental period("Due In'date&'irne)and retention of possessior after this time i;onst:ufes a material breach of tins Agreement. e t,of tine esser:°e in ibis Arree,h,nl.Aiy extonslor must be mutually agreed upon!r.writing, - 14.Late Return.Title to equipment is and sna at ail times rema;r with Runyon -auura ig turn the ega.pmert by tre"Due!n"r'ate'vill subizct Customer io a cnargr o'c^,nversion{±',aft, 15.Time of Payment Accounts are due and payable at the termnaiicn of the renta;period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of tl:e terms and conditions of this agreement,Runyon may collect damages togother with reasonable allot-toy's fees,court costs and merest of ore and one halt f 1':z)percent per month added to accounts over ten(10)days old,reflecting ar annual percentage rate of eighteen(18)percent.Customer agrees trial this agreement is to be construed urrder tr?e laws of the State of ladiana and that if legal actor is brought to enforce this agreen!ert.'flat Hamilton County,Indiana,shall be the jurisdiction anc legal venue for sad action,unless otherwise agreed by Runyon and Customer at a':ater time 17.Waiver.Any falure 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.In,consideration or tie payment of addifinnal rent classified as"carriage waiver"by Customer,Runyon agrees to,and hereby does,waive its right cr any right it might have against Customer,arising;torn normal damage Of the ental ptopeity,normal damage to be determined by Runyon,Cishvrfei shall pay upon return of property rented a sum equal to 54�of rental charge,This'damage wva'ver"does not:hicluce damage or loss of the property as a resui:df the naghgerce of Customer or in the case of abusive damage,theft or other gross negligence of Customer,This damage waiver shall got apply to reckless,careless or aousive,operation or use of the equipment!,use or operation of the equipment exceeding its rated capacity or damage to tires,cubes and wheels caused by blo'c✓ont.bruises.cuts,punctures of ether causes inherent in the use of the zd,t+ipment. It is understood the amount paid is no,all insurance premium,and that this provision ooze hot represent an insurance policy or an agreement to insure.No damage waiver license,saes or use taxes are included rn Runvor.'s rental fares.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay nor any damage to or loss of the goods;regardless of cause,except reasonable wear and tear,while the goods are out of Hunvorr s possession.Equipmo it lost,stolen or damaged beyond repair will be paid for at its current list puce plus Ore cost Of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be Dome by Customer,whether performed by Runyon,or,,at Run on's option,oy otners at a charge of sixty-t:ve dollars(565100)per hour plus pars. 20.Severability.The provisions of tills Agreement shat be severable so that the invaiid;ty unenforceab!lity or v aiver of any of the provisions shat not affect,the remaining provisions, 21.Loading and Unloading Equipment. Customers responsble for loading and unloading equipment. if Runyon's employees assist in loading cr unloading the equipment,Cdsromcr agrees to ass lime the Gsk of,rd hold Runyon a,:dior its employees narrf�!ess for any prooerty damage or personal injuries,ihc;udmg 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 shaii be solely responsible for payment of any fees,licenses,permits,faxes or fines,required by or resulting from the Customer's use or cperatlor of the aquipmert 24.Charges. Cstgmer 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 reimCursement is our Customer in the event that`eaver days and^,r miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment Customer is responsible for damages to Customers property or goods in storage or in transit or for any property left or stored in,he equipment,or eisewvhers : me renting;ocat!on.Customer agrees not to hold Runyon Ihaole for damages from down time,materials or other consequential damages resulting from the use of tho equipment.Customer releases and holds Runyon!,its agents and employees narr-less from and agarsi any and a'!los::es,:!abilities,damages,quires,claims,costs and expenses arising out of Cus°omer's use or possession of the equioment.Including.but not limited to any and all fines,penalties and forfeitures impose:!by any gcvergmentai entity.arid,to the extert not covered by msuran,ce,any c are s or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer,or its agents or emp!oyees. or for the cont s,anon of the equipment by any governmental authiority because of illegal or improper use.CLISidmer shall additionally hold Runyon harmless fa aft loss,liability and expense in Ex^ens of the hml;s of liability provided for herein as a result of injury,death or property Damage arising out Of Customer's use of the equ:prnent Neither Customer nor any other user of the equipment shall be deemed the agent servant or employee of Runyo:i fur any reasur or arty purpose, Durng the term of the.Agreement.Customer assumes`full responsibility for the equipment to the public and any reouiatoty body having jurisdiction. 26.DeiiveryfPick Up,Delivery is made to closest poir;truck can park.Extra charges will result in a0veries to upstairs,elevator use or any point'whore extra time is nvo:ved.Our service Maas not include set up and kn^ck;four of tallies and c!:ai;s It this service is required.arrangements should be made several days prior to delivery v:#a special charge quoted,If no arrangements are made and this service is des red on delivery,our driver must call for authorzat:c•n.It time permits,we will try to accommodate you after quoting the price.Or,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 will he left until his next day when a special crew,cart be scl-edulad There will be an add^,ional one day rental.A knock down fee wilt result if rental items are st:ll up. 27.Waiver of Jury Trial.Each party waroes its right to a jury:cal of any claim or cause of action based on or ans;ng out of this agreement or the subject matter hereof.Th;S waiver pertains to a:i disputes that may relate iu the sob;ect matter he*ot, cltidir,r_,.,Jtrc,(Pri;itaLor.,,- n.tact fort,[,reach of d;fy,and all other common la'w,and statutory claims.and will not be subject'o any excepiicrl Each party(A)understands that this is a waiver of!rnpntar?!cua:r,h'ts and f ackrowdedges that - he!t raj h"'d c reasorr'o e Opp VIL,n.�V toJ.S liSS 1n:S waiver Ind its effects with loge;reu:'isel.Accordingly,seen party knowingly,voluntarily.irrevocably ana unconiiit onallv'waives its:u y trip r;its 26.Tickets.Fines and Penalties.`!-,u agree ti ft::i,aid prompiiy pay of fares,penalties,pab:ng rickets,traffic ticker,tolls court costs,attorneys fees and other o urge:>assesses!during Ihr.--Term in i:pnrectori wait`:il-o us l aikrng, ^izyF-,all or ,pc5s.ssicn cf inn gipmzra.regard:oss of the identity of the diver of any vehicle You rent from Us. 29.Trailers andTowing.-he customer is responsible for inspecting and maintaining the trailer coupling mechanism safety chairs,all tie,otwi)s,pins and tights::a safe one,secure congi^;on whin,i:1 ire,possess Or Co-:onie•agrees n't t:;tai: anv trailer rented fror•LESSORIDEALER!a',.In a care ess or negiiuent manner./b)at excessive speed or(c)while Linder the influence of medication,alcohol;o-illicit drugs. 30.Headings f`e headings used riereir are solely for cone^:en'reference ana shall not be used to construe o•affect the:r.ierpreta'ion of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties'Equ prnent Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,the^the terms fiom the Ecl pment Purchase Agreement preve:. AS-IS-NO WARRANTY:THE WARRANTY:S THE SOLE AND EXCLLSiVE WARRANTY APPL.CABLE TO THE EQUIPMENT AND At.L OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING.WITHOUT LiMITAT ION,THE ti WARRANTIES OF MERCHANTABILITY AND>TNEBB FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROMs IHE SALE OFT HIS EQUIPMENT RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMP,ANIESW:LL NOT BE i IABi E OR RESPONSIBLE FOR AiNY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR REl ATEDTOTHE SALE OF THIS EQJIPM ENT TO CUSTOMER,REG.APDLESS OF WHETH;.P SUCH DAMAGES ARISE UNDER THEORIES OF THE LAVJ OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The custo-e-is nab!e for all snipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shippigg.Th:s nor,y also a;,plies io warranty returns,As stated:n the Runvor.'Return Policy'when customers return an itern or items for credit,a 25''�restocking tee will be charged to your account:plus all applicable ibbaurd and outbound tre:ght?his po+icy a se applies to shi men-s refused and'el-ir fed All cancellations of whole goods are subject to a 25%tot total invoiced order)canc0ation fee or in stock items from Runyon locations ONLY.Return shipping of•he pr.dacf:s not refu-:dab:e.All p,;r purchases ale nun atuncabie Any shipment race you in conrlitiora other than brand new,will oe charged 50',-;restocking fee of the fetal amount.All returns must be properly boxed before they are:eturred,it's'he"us:;mars resoons:br!:y,to report any dGmar ey'st oi:aaes x i:hln 48 ru,ns of receiving the product.Runyon will not accept claims 48 holes after delivery Runyon will not accept returns without a:ithorization.Upon issuing a tviercharl rat jrn AI-thor!za:ion(IARA).Runyon vill instruct c;,tric,r;as to the best ri pants cf returning morchardise,R;;nyon's IVRA's ate valid for 30 days,after issuance.MRAs are nat valid after the 30 clay tiree hm:t expires Runyon will abso!ulely no:,under,ry circumstances,issue MRA tot et errs on isei;r 0amaced creducts A,-'j fre:grit relates damage must be noted or the signed Bic.!of Lading AT THE TIME OF DELIVERY The parchasc pr cc at tame or is final. V REPRESENTATIONS AND WARRANTIES:Sol er represents ancu warrants that(a)Seller has all necessary r:ght,put✓er and auticnty to erter into and perform the tramactiors referarceu ron lb)Sec er has;,o^d ana n piker.vie i:,e I]ti:e u p er.t,anti s.on the Transtev Dave Seher will purvey the say 7,P,to buyer isave pnly fur the purchase sor.eV I:eh if arry N he retainer by Seller should SeI!er,at;tie; cite onto.,eir;f:o fin>•.c e all or a:y porLOr of eie :rcmesa Pn^.'i yiwr,. r a a .. s t'iat in Buyer has all necessary right„t,n,e no authority to enter in!D and perform fl.e transartions referenced herein'(nit Buyer has selac'ed an 1 carefi.ill,,:rscect-dens axamrrei he ::;.:I;r.:rri! ng°rii.rn :ire sania b acre,tare to Buva:In a.!rescecs:insert nit.-rite,!a established so e y by Buyer and not based on any recommendation by Seller:an-,N;)BtriPr has received,rarefclly to Jr-wed anc is satr,nil'..;h all ova:Ink;rz i>r,.i,:e 7, n,:r,,_r.,ins rape-viii^a'!1 a<s roeri t „cr:?2r:,tcrmat,cr iinciuira al:training req;::rar tinder applicable OSHA and/or ASS:Standards.if arvi regaling the proper and sofa iranspDrtaiiat use main.nahce reprtit aria s.;tage x me cquwmcm In consideration of the payment of additional rent classified as'damage waive'by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might Mal RUNYON have A— P operty rented a sum equal all to arising/of rental charge.This f"damage waiver"does not include damage determined of the by as a result of then negligence upon he Rentee A`�A 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 SURFALE PREP RENTAL f SUPPLY 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 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 property in a careful and prudent manner and GARMEL•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. 3*1 7 - 566 — 8888 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 fees,court costs and interest of one and one half(111/2)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,either 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.runyonsurfaceprep.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•Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO JOB"rI+OCATION TICKET CARMEL WASTE WATER # 9855 760 3RD AVENUE SW Con# 251802 SUITE 110 CARMEL IN 46032 Loc 100 SSN PHONE DATE '- -_ TIME '. H (317) 571-2634 OUT 12/05/12 7 :42 AM SAF F (317) 571-2636 ID#3�` PO/,JOB "# . :' RECEIVED BY COOPER, JEFF R TURNED 12/07/12 4 :14 PM MS ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET .AMT. - - _ 'rrHOURLY OVNITE` 8=HOUR DAY'.- WEEK 4 WEEK.; 1 5125-0004 STUMP CUTTER LARGE 4 WHEELS 525. 00-785 .40 1310.40 $125.00/4 175 . 00 175. 00 7,0W'-0011,1-11d100- 00 Meter In: 486 .30 Meter Out: 42'6.60 'r� Surcharge: 785.40 5 00045 CUTTER TEETH 17 . 95 89.75 89.75 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YDU WILL BE SUBJECTTO A CHARGE OF CONVERSION Ti RENT 1310.40 Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED Customer is liable for all damages&repairs that result from alternative fuel. SALES 89.75 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 6 5.5 2 OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00 THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00 IMMEDIATELY. RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OFTHIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL &SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 1465. 67 AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT ,. ,. CELL AMT BILLED 1465.67 LEASED BY X Y $ ty �a #{?'m PHONE 07-DEC-12 16:16:57 EQUIPMENT 1 .g RETURNED BY X t4:.;-fAT k.;: :: RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FORTIME OUT NOTTIME 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 ° NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions m rrnipec Runvnn 3urfarp PIP_n Rpntal&Sunnly hac hppn nntifiPd_ We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowledges that it has had an opportunity to personalty inspect the equipment and finds it suitable for its needs and tin good condition,and that Customer unoerstands its proper use.Custorner further acknowledges its duty tg inspect file equennem prior to use and notify Runyon Surface Prep Supply LLC (hereinafter"Runyon";of any detects. 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,ORTHAT IT IS FREE FROM DEFECTS. 3.Indemnification, Gusto err agrees;g assume the risks of.and hold Runyon harmless for,property damage and personal injuries.including death and dismerhbermort,caused by the equipment and/or arising out of Runyon's negligence. Customer s,all indemnify and dcfcnd Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceed ngs.costs expenses,damages and::abilities including attorneys fees which(1)relate to injury or to destruction cf prcpe-;y;Or bodily injury,;Iness,siokhess,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 iiability or conduct(including ac!ve,passive,pr.r.ary 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 F ch Rumen is a afned party to wvhlCh RunvOr,is alleged to be liable or responsible as a result o Pr arising ptrt of the equipment,or any alleged act or o-issfon by Runyon,and Customer sha!i be liable and responsible to,all costs,expenses and a c=rev's toes inc:xred in such doyenne an 1'or se;t emani.judgment or ether respiu!fon In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend said action.or.Its own behalf and Customer agrees that::Shall Cos able for all costs,expenses and aftemey's fees inc-erea by Runyon it such defense 4.Rental Charges and Terms. Equipm?nt with hour meters is a;:ovved eight(8)hours use wifi;n a 24-hour period of time. Rental:rates for equipment are based on usage during this eight(8)hour sniff. If Customer ru,fs the equipment for over 8 '.ours in one Ca'y,Custome will be chargoc for extra Tours 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 rurmmg time it 24 hours=a3-day charge 5.Future Rentals.Customer acknowedges drat the terms of this Agreement will be oeemed Ic apply to all Equipment Customer-nay rent or purchase from Runyon-whether on the Coate of this Agreement or at any time in the future except only as to any Equipment and/or other items with respect to which Custorner executes a new Agreement). 6,Prohibited Uses. Use of the ean.bmenf 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 equipment is in bad repair or is unsafe:(c) Improper,un,ntw:ded use or misuse:(dt tise by anyone other,ban Customer of its employees,without Runyon's written permission*(e)Use at any location other than the address furnished Runyon without R.tnyon's'vrit',en permission. 7.Fuel and Oil Levels A:i equfpme0 is full of fuel when rented in Customer and must he returned to Runyon fall or additional charges will apply.Also;use of alternative fuels(Bfodiesel E85.etc.)in Runyor.egtnpmeri is prohibited.Custorner is Gable for all damages ar.d repairs that result from a ternativ,.fuel. Runyon checks the o1 level in the equipment when it is rented to Customer.Mairtenance of proper oil level in the aquipmew 7s solely the responsibility of Customer. 8.Repossession.Upon a`alu•e to;ray rest or other breach of this contract,Dealer may tenrnale this contract and take possession o':and remove the goods from wherever they are,and Dealer and his agents st,a;: ,of be cable for any claims for damage or t espass arising our of the remover of the goods. 9.Tires. C stumet.s Wtally responsible for all tire repair. It is Customer's option to check over the tires before the equpment leaves any;notify Runyon of any irregulaiiiies spotted. 10.insurance. „urryon's..nsurance does not cover equipment while in Customer's possession. Customer is responsible far insuring the equipment once it leaves Runyon's property and anti it has been returned to Ruryor.s property and oaynrlent^ac he=c received.EOU:PMFNT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMA'BUSINESS HOURS REfaAINS THE CUSTOMERS 9ESPONS01P-1 11,Cleaning Charges. Ecu p"erf's to b,,minified to Runyon aS,:lean as when it left.A barge of sixty-five dollars(565.00)per hour will be charged for cleanup, 12.Assignmer:ts,Subleases and Loans of Equipment.?.union may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligators herefr.Custorner may not sublease or War the equipment without runyar's:;rihrr:pormrsdn. Ary p,;ponied assignment by Cusr;mer Is void 13,Time of Return, Customer's rgal tc oovsess,on terminate.on L2 expiration of the rental period("Due!n"date me)and retention of possessiort after this time constitutes a mateoal brace of this Agreement.tame is of the essence,n tills AcrecMera A,v oxiensior,must be mutually agreed upon in writing. 14.late Return,Title to equ pment is and steal:at all times remain with Runyon Faliure to return the equipment by the"Due Ir'date will subject Customer to a c:haue of conversion(theft) 15,Time of Payment.Accounts are due and payable at the termination of the renta!period. i6.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the forms and conditions of this agreement.Runyon may collect damages together with reasonable attorney's`fees,court costs and im,ere;t of one aed one half f Yz)pecent per month added to accounts ever ten(10)days old,reflecting art aerial percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under thy.-laws of the State of rgfana and that it legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyor.and Customer at a later tune 17,Waiver,Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision:or prefudice the right of either party to enforce such provision thereafter. 18,Damage Waiver.In consideration of the payment of addi Tonal Tony ciassif:ed as°damage 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 onto!property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sure eoua to 546 of rental charge,This"damage waiver does not include damage or loss of the property as a result of the negligence of Ct.sfomer or in the case of abusive damage,theft or other gross negligence of Customer,This damage waiver snail not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its rated capac^y.cr damage to tires,tubes and wheels caused by blowout,bruises.cuts,punctures or otner causes inherent in the use of the equipment 1'Is understood the amount paid is not an insurance premiulh.and that this provision does not reoresem an insurance policy or air:ag,Qerrient to msuie.No damage vraiver license,sales or use taxes are included in Runyon's yenta!rates.Tbey are extra 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or toss of the goods,regardless of cause,except reasonable wear and tea,whae the gooes are out of Runyon's possession;Equipment lost,stolen or damaged beyond repz.r wit.be paid for at its current list price olus the cost of rental up:o the time 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 s!x!r-hve Colors 1565 0C per noir plus carts. 20.Severability.The provisions o'this A.,reenmert shall ce severable so that the iryalia tv,unenforceability or waiver of any of:he 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 one hold Runyon and%or ds ec:pfoyees harmcss far any property damage or personal injuries,including carnage and personal injuries attributable to the negligence of Runyon. 22,Property Damage. Runyon:s rot responsible for any damage whatsoever as a result of on-the-job deliveries at piok-up by Runyon. 23,Fees;Licenses,Permits.Taxes and Fines. Customer shall be soiefy responsible for payment o`any fees,licenses,permits.!axes or fine,,required by or resulting!ro,ri the Customer's rise or coeratfon of;he equpmem. 24,Charges, Customer sha;l pay al!charges required under tbu Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no ref ing or reimbursement is date Customer in the event that fewer days ard,cr m^Fs are actually used. 25.Other Liability.Customer assumes ali risks from the improper use of the equipment Customer is responsible for damages to Customer's property or gooes in storage or in transit or for any property left or stored:r'he equipment,or e;sewhere .n the•2ntong!nc et:an.Customer agree,,not td hold Runyon i;abi•for damages from down rime,materais or other consequential damages resulting from the use of yhr)equipment.Customer releases anp helps Runyon.its agents ano employees Tar^less from and aga rst any zed all lasses,liabilities,damages,injuries,claims,costs and expenses arising our of Customer's use or possession of the equpment,including,but not meted to any,and a'!fines,penalties and fode tures imposed by any yoree) err ta'entity,and,to the extent not-evened by insurance,any clams or liabilities to third parties arising out of the abandonment,conversion,Concealment or unauthorized sale ct the equipment by Custorner or its agents pr employees, error ih:e conffseatlon of ire egafpmeni by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the I:mr,s of labi:ty provided for herein as a resua of inpn y:death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipmenn shall be deemed the agent servant or e:-npluyee of Ru'vnn.for any reason or any purpose. Durs°a he term of this Agreement,Cusinmei assumes full responsibility Tor the equipment to the public and any regulatory body having jurisdiction. 26.DeliverylPick Up.Delivery is made io closest point truck can park.Extra charges will result in oelwenes to upstairs,elevator use or any point where extra frame is involved.Our service does rani invade set up and knock doom:of tables and chairs. It this Set vice,is required,arrangements shoo:d be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is dewed on delivery,out driyar must call for authorzation,!f tir-:e pelmns,we will try to accommpda'e you after quoting the price.On pick up where no prior arrangements have Deen made and rental items are net knocked cowl and assembled in ono sheltered area,tables and_,hairs w 11 be:aft::Nil the nexzz day when a Specai crew car)be srneduied.There wiif be an additional one day rental.A knack down fee wi result if rental Items are Siff tip 27.Waiver of Jury Trial.Each Party waives 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 pertains to all disputes that may relate to the subject matter hereof. %l,icgr,;,:,it",t:;-n;Iau x con'raci. a I,breach or d-:ty and all ether col^mori law and statutory claims,ano will not be subject:o any exceptions.Each party(A)understands that this is a waver of important leg<?rgras and(B)acknowledges trial h s hat.It Teal nab'e-,pportur,iy to C scuss ti:is Waiver and its effects with legal courses.Accordingly,each party knowingly,voluntarily,Irrevocably and uncondit:orally wzuves its;u-v Tna:Grhts 28.?ickets.Fires and Penaities.Ycj agree to ff,,,y and Coro°.ptly pay a:(fries,cerahies parking tickets,ttaFic tickets,tells.mount costs,a grreys'fees and ether c:ardes assesses durin,j the'ann in ccncect o:i wi,the t Coe,;;,irk^g.Storage and; or possess,m oh the Equipment,le, gf'.he dent: of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The custon.er is responsible for insicer'lino anc maintaining the trailer coupling mechanism,safety chairs,all tin,dowrs,pins and tights in a safe and secure condition;r,?ile.7 their possession.Customer agres:lot t,tow am:tfa•Ier,ented'n)m LESSOP,DEALER(a;in a careless or negiigeot manner,(b)at excessive speed or;c)while under the influence of roKfica?von,arcohol,or illicit riru;,s. 30.Headings.The headings used nerem are so!e:y for coryec=mot lererence and shall riot be used to construe or affect the imeroretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SAGES All sales areal sD governed by the parses'Equipment Purchase Agreement, if the Equipment Purchase and the Terms and Conditions previously enumerated are inconsisterit.:hen the terms from the Epu_prrhert Purchase Agreement prevail. AS-IS-NO WARRANTY:THE iARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED VJARRANTI WS; NC:JDiNG,WI 7 HOUT LIMITATION,THE 1MPUED VJAPR.ANTIES OF MERCHANLABIL'Tv"AND"TNESS FOR A PARiICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMPANIES WILL NOT.BE LIABLE OR RESPONSIBLE FOP ANY SIPECIA,_.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OU7 OF OR RELATEDTOTHE SALE OFTHIS EQUIPMENTTO CUSTOMER,REGARDLESS OF WHETHFR SUCH DAMAGES ARISE UNDER 7HECR:ES Or THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The customs::s liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during st pp,ng This policy also applies to warranty raLirns As stated s the Pinyon"Return Pollcy�when customers return an ite.nn or items for credit,a 25`b restocking fee will be charged to your account,plus all appiiceiYe Inbound add outbound freight.-,his poi<c,also applies to shipments refused and returned. All canceiianrrs cf wrote goods are subject to a 25`.6(of total rvofcad order)cancellation fee on in stock items from Runyor.locations ONLY.Return shipping of the product is not refundab.e.All parts puchases are lien re'undabie.Any shipment received cnndniors other than brans ne;+will be Charged 5C`,,iestockirig fee of the total amount.All returns must be properly boxed before they are returned.ins the customer's respons'b;;ity TO report any damar-;;'shorages witnin 48 hours of receivieg She eroddct.Runyon toil.hot a-cep;claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Partin,Authorization(MRA) Runyon will Instruct c^turner:as,o the best mean.of returning merrnardse.Runyon',MAA'S are valid for 30 days after issuance,MRAs are not valid after the 30 day time finzit expires tPunyon will absolutely nof.under ary circurr+stunces, slue ar JARA for eti;rrs on:.se;or damaged pr-du.is-^ny tre.gnt rely;ad oamage must be rotec or the signed Bill of Lad!ng AT THETiME OF DEUVERYThe purchase onto al time of sae is final. REPRESENTATIONS AND WARRANTIES:Seiler represents and,varraris that:fa)Better has all necessary right,power ano authority:c enter cito and perfor.^tf,e transactors reiererced r erein:fb;Se;or has good zed mar:etao:e rte to tie Equipment and(c)cn the Trarcfer Date,Se';er will convey the same to Buyer(save only ro-the purchase money lien,If any,to be retainep by Seller should Se;:er,al is su'e option,ele:f t)'inw°ce all cr ary portyon: if r)e Pcr h.ase Pnc: i,Sure ,epresents anti vcrrarts that. :)Buyer has all necessary right,power and authority:o enter into and perform the transactions referen:ed herein:(ii)Buver has selected and caretully uu[eCted:,ra=xarn ned'he Ect ip".s;,i and:aund the sam-',h he aC-apt able to Buyer:n all respects based on criteria established s,liely by Buyer and rot based or any recommoidaLon by Sei:er,and(I::)Buver has received.carefully reviewed anc s sn'.st.ed,,v:'i..,It available trafr:r.r;,;-Q,Gchn^e,^,be!<:ting;ric user manuals,aTo other Infovnatfon(h,,::ding al:training repulTed under appzcable OSHA andror A.I S:Standards.it airy,regarding the proper and safe transprf!atic r.use,maintenance reoa::and storpcce a:'he Ec bight. VOUCHER # 126385 WARRANT # ALLOWED 354867 IN SUM OF $ RUNYON EQUIPMENT RENTAL 410 W. Carmel Drive Carmel, IN 46032 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 251934 01-7502-06 $56.29 �slgoa or.� 362.ob �a7s9z i 15't1 • 4b Voucher Total 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 12/19/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/19/201: 251934 $56.29 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 1 15 Date Officer In consideration of the payment of add tional rent classed as'damage waiver by the Rentee,Renter agrees to,and hereby does wane its right,or arry right lt 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 property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of the properly 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 SuRFAGE PREP RENTAL fir SUPPLY 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 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,f 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 LARM£L•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to arry 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 any of the terms and cond16ons of this agreement,the Renter may collect damages together W h reasonable attorney fees,court costs and interest of one and one haK(1 10)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,either expressed or implied,including any implied "Don't be a fool-Rent one" warranties of merchantability or f tness fora 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.runyonsurfaceprep.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 •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED' TO' JOB LOCATION' TICKET CARMEL STREET DEPARTMENT # 503 BIKE PATH SHELBORN R 3400 WEST 131ST STREET Con# 250470 CARMEL IN 46074 �a VVU Loc 100 SS N' , PHONE" DATE!;, _ TIME W (317) 733-2001 OUT 11/19/12 10: 19 AM WH F (317) 733-2005 PD#3 PO'/JOB #" > - RECEIVED,'BY F-�:E PATH SHELBORN R OTTINGER, MARK A RETURNED 11/21/12 3 : 31 PM TT ***FINAL*** Page: 1 QTY:" ",ITEM# ' „ . EXT"AMT „" NET,,AMT' "-MIN HOURLY 'OVNITE'.. .8 OUR, DAY >" .WEEK- 4' WEEK 1 4101-0000 EXCAVATOR BUCKET 35N D 36" _" '" 0 . 00 0.00 00/0 . 00 t " 1 8786-0010 EXCAVATOR 35N 1014" DIG 27 HP,!-, 725 . 00 725. 00 $200. 00/4 250. 00 ,250:00x`* " 725< 00 1980. 00 Rental Note(s) CUSTOMER, IS 'RE,SPONSIBLE*FOR TRACKS IF. THEY COME OFF MACHINE IFTHE EWPMENr IS NOT REURNED BY"DUE IM'DATE YOU WILL BE SUBJEC rM A CHARGE OF CONVERSION(1H . Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED RENT 725 0 0 Customer is liable for all damages&repairs that result from alternative fuel. SALES 0.00 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTANDTHOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY FEES 3 6 2 5 . OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON DW/ IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00 THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00 IMMEDIATELY.RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL &SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 761.25 AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT €,; g .," CELL AMT BILLED 761.25 LEASED BY X 1.'+ 1<`" PHONE 21-NOV-12 15:35:22 EQUIPMENT NED R BY X - " - RENTAL FEES DO NOT APPLY TO PURCHASES. WE 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 ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X i_ NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Surface PreD Rental&SUDDIV has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.inspection.Customer acknowledges that:,has had an opportunity to personally inspect the equipment and`finds A suitable for its needs and in good condition,aria that Customer iurderstands is proper use.Customer f:.wrther acknow edges its duty to inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC thereinafter`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,ORTHAT 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 andror arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and lipid Runyon harmless from any and all claims,actions suits,proceedings,costs,expenses:damages and liabilities including attorneys fees which('j relate t injury or to destruction of prope ty.or bodily injury.l:lness.sickness,disease or death of env person:.(including employees of Customer),and(2)are caused by,or claimed to be caused.in whole or in part.by tine equipment'oased rare_,or by the habii:ty or conduct(including active,passive,primary or secondary)of Customer,its agents of employees,or anyone for'whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyor ago nst,!I sLits or proceedmgs commenced by anyone in 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 liao:e and responsible for all costs expenses and attorney's roes incurred in such defense andwor 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 behaf and Customer agrees that shall be!;able for all costs,expenses and attorneys fees incurred by Runyon m such defense. 4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period o!time Rental•ates for equipment are based on usage during this eight(8)hour spilt. If Customer runs the equipment for over 8 hours in one datr Customer w::l 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=if 3-day charge 5.Future Rentals-Customer acknowledges that the terms of in s Agreement will be deemed to apply to al!Equipment Customer may rent or purchase from Runyon.,whether an the date of this Agreement or at any,time in the future(except only as to any Equipment.and/or other:orr with espect to which Custoc,.er executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:fair Use for illegal purpose or in an illegal manner:(b)Use wher the equipment is in bad repair or is unsafe,(c) Improper,unintended use or misuse;(d)Use by anyone other than Customer gr?s employees,without Runyon's written permission:(e Use at any location other than the address furnished Punvor.without Runyon's titwritteb permiss,oh. 7.Fuel and Oil Levels.Ah equipments full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(B odiesel,E85,etc,)in Runyon eau;prt is oroh b led.Customer is :able for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when if is rented*,a Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8,Repossession.Upor a taitPre to pay rant or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods front wherever they are,and Cooler and his agents seal;not be':able for any claims for damage of t:aspass arising out of the remove:of the goods. 9.Tires. Customer is totally responsible for ail tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyor of ary irregularities spotted. 10.Insurance. Runyon's Insurance does cot cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property ari=d unfit it has been returned va Runyon's property and payment has firer received.EOUIPfAENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT A:RUNYON'S LOCATION O?HER THAN NORt•,IAL BUSINESS HOURS REtA.A:NS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. Eq,:dment Is to be=e:urned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Pinyon may assign its rights url this Agreement wl:hout Customer's consent,but will remain bound by al obligations here:,.Customer may not Sublease or oan the equipment without Runyon s written pe^mission.Any purported assignment by Customer is void. 13.Time of Return. Customers right tP possession terminates on the expiration of the rental period("Due In'date 8 time)and retention of possession after this time constitutes a material broach of INS Agreement.Time is of the essence in this Agreement,Any extenslor,must be mutually agreed upon in writing 14.Late Return.Title to equipment is and shall at all times rema n w th Runyon.Failure to return the equipment by the"Due n"gate 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 will,.reasonable attorney's fees;court costs and I, erest of are and one half f 1 v,1 percent bet month added to accounts over ten(10 days old.reflecting an annual percentage rate of eighteen f 18)percent.Customer agrees that this agreement is to oe construed under the!alas of the State of Indiana and that if legal action is brought to enforce this agreement,that Hamilton County.Indiana,shall be the jurisdiction and legal venue 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 ti:is Agreement shall not constitute a waiver of such provisior or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consioeration of the payment of additional rent class`led as damage waive'by Customer,Runyon agrees to,and hereby does,waive its right or any right it might have against Customer,arising'romnormal damage of the rent'-al property.normal damage is be determined by Ruryon.Customer shall pay upon return of property rented a sum equal to 5`c or rental charge.This"damage waiver does not:nclude damage or loss dime property as a result of the negligence of C;s?omer or in Me 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 equiprnert,use or operation of the equipment exceeding its rated capacity,or damage to:fires,tubes and wheels caused by blowout.bruises:cuts,punctures or other causes inherent in the use Willie egwpment.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 Day for any damage to or'loss of the goods,regardless of cause,except reasonable wear and tear.while the goods are out of Rumror's possession.Equioment lost,stolen or damaged beyond repair will be paid'or at its cunem list price plus the cost of rental gp to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runycds option,by miners,at a charge of sixty-five dollars(565.00)per four plus parts. 20.Severability.The provisions of tins Agreement Shall be SevemNe So that the invalidity,unenforceablity 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 amp ogees ham-,less for ary property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Punyon!s 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 or fines,retbred by or iesuftiny from the Customer's use or aueratior.of the equipment. 24.Charges.Ctstomar shat pay as charges required under this Agreement upon demand.Customer agrees hat mileage and time charges are minimum charges only and teat no refund or reimbursement is duo Customer in the event that fewer days anardr miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of me equipment.Customer is responsibie 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 uca°ion.Customer agrees no: hold Runyon liable for damages from down time,materials or other consequential damages resulling from the use of the equipment.Customer releases and holds Runyon,its agents aria employees harmless from and against any and a:l losses'iabiimes,damages,injuries.claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but net I,mi ac to any and alt fines,penalties and forfeitures imposed by and governmental entity,and,to the extem not covered by insurance ary claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized save of'he equipment by Customer.or its agents or employees. or for the confiscation of the equipment by ary governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,fab:hty and expense it excess of the limits of liability provided for herein as a esun of injury.death or property damage arising out of Customer's use of the equipment. `.either Customer nor any other user of Me equipment shall be deemed the agent:servant or employee of Runyon for any reascr or arty purpose. Dur.ng the term of;his Agreement,Customer assumes full responsibility for the equipment to file public and any regulatory body having jurisdiction 26.Delivery/Pick Up.Delivery s made to closest poirt truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is iinvoived.Our service does not iricicde set up and knock dcvrn of tao'es and chairs. I`this service is required,arrangements 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 authorization.If tine permits,we will try to accommoda'•e you after quoting the price Or pick up where no prior arrangements have beer:made and rental items are not knocked down and assembled in one Sheltered area,taoles and chairs wilt be left i0l the next day when a special crew cz i be scheduled.There will he an additional one day rental.A knock down fee will result if rental items are still tip, 27.Waiver of Jury Trial.Each party waves its right to stiffly,trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof This waver pertains to all disputes that may relate to the sup act matter hereot. ^:eluding,v shout imitation,contract,:ort,breach o*duty, and all other nom row.law and statu?dry claims;and will not be subject to any exceptions.Each par),(A)understands that this is a evolver of unportar.?Iega:rgnts and(B)acknowledges trot haisheht has had a reasorad:e opportun fy to d scuss this waiver and its effects with legal counsel,Accordingly each party knowingly,voluntarily irrevocably and unconoitionally waives its jury'.rial 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 curing the"`elm in conr.ecton wilt,hP use,parking,storage,ands or possession of the Equipment regardless ct the identity of the di firer of any vehicle You rent from Us. 29.Trailers and Towing.-he customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety charts,all tie downs,pins and'rghts in a safe ano secure condition while in their possession.Customer agrees net to tovi any trader rented from LESSOR.rDEA.LER(a;in a careless or neg::gent manner(b)at excessive speed or(c)while under the influence of medication,alcohol.of illicit drugs. 30.Headings.Tf e headings used hereir are solely for convergent reference and shad not be used to construe or affect the:nterpretatign of this Agreement, ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are also governed by the parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevai: AS-IS-NO WARRANTY:THE WARRANTY iS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPtti"ENT AND ALL OTHER EXPRESS OR IPAPL'ED WARRANTIES.INCLUDING:WITHOUT LIMITATION.THE MPLlED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPPLY LL C OR.AFFILIATED COMPANIES WILL NOT BE L(ABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT Or=OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER.REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER Th'EORIES OF THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The customer is i'atle for all shipping costs when returning or exchanging are item to Runyon,unless the Product has been damaged outing shipping.This policy also applies to warranty returns.As Stated ih the Punyer"Return Policy."when customers return an item or items for credit,a 25, restocking fee will be charged to your account.plus all applicable inbound and outbound freight.This poky also applies to shipments refused and=etimed All carcellatons of whole goods are subject to a 25%(of total invoicoo order)cancellation fee or in stock items from Runyon locations ONLY.Return shipping of the product:s not refundable.A'paiIS pu•chases are non refundable.Any shipmer.= race ved in conditions other than:.brand new will be charged 50%e restocking fee of the total amount.All returns roust be properly boxed before they are returned.It's the cus'tomer's respcnsibdity to eDprt any da^:ages or;ages within 48,io.us of receiving^he product.Rnyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization iMRA),Rurrton will:rstruct c,Sto~;ere as to t`9 Pest means or e;dra:rig merchandae.Runyon's MRA's are valid for 30 days after issuance;MRAs are not valid after the 30 day:ire limit expires.Runyor will absolutely not,under any arcurnstances,issue an MRA or returns on a=ec or damaged prodl.,Cts Arty fre'gat relater:damage must be rated on the signed Bill of Lading AT-HE TIME OF DELIVERY The purct:aSe price at tine of sale is`final. REPRESENTATIONS AND WARRANTIES:Serer represents and,warrants that:(a!Scher has all necessary right,power and authority to enter into and perform the transactions refererc d herein.0)Seller has good and f^arketabe t:e to the Equipment:and(c)or the Transfer Date,Seller will convey the sarte to Buyer(save only`or the purchase money lion,if any,to be retained by Seller should Seiler,at its sore onion,elect to finance all or any portioi:of the Purchase Price)Buyer represents and,varrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;flit Buyer has selected and carefully inspected and examined the Equipment and toting the Same tc be acceptable to Buyer in all respects based or,criteria established Solely by Buyer and not based on any recommendation by Seller,and fill)Buver has received,carefully reviewed and is satisfied with.all available training,:nstrucl:ons,cperafirq anc user manuals•and other information(including ail?raining required under applicable OSHA andwor ANS Standards.if ary)regarding the proper and safe transportation,use,maintenance,repau add Storage of the Equipment. VOUCHER # 123105 WARRANT # ALLOWED 354867 IN SUM OF $ RUNYON EQUIPMENT RENTAL 410 W CARMEL DRIVE CARMEL, IN 46032 armel Water Utility • UNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 250470 @�-�3@B�6B"f $761.25 i Z) �c Voucher Total $761.25 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 12/29/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/29/201, 250470 $761.25 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 i)Nll 3 Date Officer