06/07/2024 Lease/Rental Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
Sunbelt Rentals Inc. Con tra t g 155167392
Effective Date: June 07, 2024'
Expiration Date: estimated July 05 2024
Contract Purpose/Description:
50OKW Diesel Generator Towable 10583384 Make:JGB Model: G625RST4F Ser#:2484632;54'Camlock cable;male pig tail'
Per Emergency Waiver of Competitive Procurement Procedures for Authority to rent a generator for temporary use
at the Monroe County Sheriffs Office Headquarters Building in Key West, FL
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: William De antis 4307 + Facilities Maintenance/Stop#9C
CONTRACT COSTS
Total Dollar Value of Contract: $ 16,355.70 Current Year Portion: $
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
iowl ainni.hliir c is
1 00.000.00 or I ss).
Budgeted? Yes■❑ No ❑
Grant: $ 16,355.70 County Match: $
Fund/Cost Center/S end Cate o : 1 25-06068-00050 I GNT-00000205
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES ❑NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: William Desantis
Patricia Eables Digitally signed by Patricia Eables
County Attorney Signature: Date.2024.06200949'.63-04'00'
Jaclyn Flatt Digitally signed by Jaclyn Platt
Risk Management Signature: Date.2024.06201126.30-04'00'
Purchasing Signature: Lisa Abreu Digitally 20240620ned yLisa Abreu
Date'.2024.06.20 14'.18'.18-04'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date'.2024.06.20 16'.28.49-04'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
SUNBELT Page 1 of 2
RENTALS
- SUNBELT RENTALS, INC..
1'(.jMl' Nc:�wl.:rr PC#: 0091
st:irvu.e a
3701 NW 120TH AVE Salesman: 009140 MADRAZO, VICTOR (091
CORAL SPRINGS, FL 33065 2532 Typed By: MSPORDER
954-577-9429
Job site: RENTAL OUT
SHERRIFS ADMIN HEADQUARTER III IIIIIIIIIIIIIIIIIIIIIIIIIIII
5525 COLLEGE RD
KEY WEST, FL 33040 4307
Contract #.. 155167392
C#: 305-809-5200 J#: 786-847-3087 Contract dt. 6/07/24
Date out.... 6/07/24 3:30 PM
Customer: 188535 Est return.. 7/05/24 3:30 PM
MONROE COUNTY BOARD OF COUNTY Job Loc..... 5525 COLLEGE ROAD, KEY WEST
123 OVERSEAS HWY ROCKLAND KEY Job No...... SHERRIFS ADMIN HEADQ
PUBLIC WORKS DEPARTMENT P.O. #...... SHERRIFS ADMIN HEADQUARTER
KEY WEST, FL 33040 Ordered By., GREENLEE, DARYL
NET 30
For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental property or equipment upon expiration of rental period
and failure to pay all amounts due (including costs for damage to the property or Equipment) are evidence of abandonment or refusal to redeliver
theproperty, punishable in accordance with Section 812.155, Florida Statutes.
QI'Y EQUIPMENT It Min Day Week 4 Week Amount
1..00 50OKW DIESEL GENERATOR. TOWABLE 2538.00 2538.00 4692.00 1.0367.00 10367.00
1,0583384 Make: JCB Model. : G625RST4F Ser, It: 2484632
GENSET 50OKW-599KW,,JCB,G625RST4F,DSL,BATC,TRI,, PNTI.,,SURE,BI,OC,DEIF
IIR OUT: 991 .2.00
#480/3 PHASE
#STANDBY UNIT
1.5.00 4/0 CAMLOCK CABLE, 50 ' 20.00 2 .00 45.00 95.00 1.425.00
5.00 4/0 MALE :PIG TAIL 1.2.00 1.2.00 21. .00 37.00 185.00
*** EQP MSG ***
8 Ilrs/Day 40 Hrs/Wk =: 1..Ox Rate
9-16 Hrs/Day 41-80 Hrs/Wk I..5x Rate
1.7+ Ilrs/Day 81.+ Iirs/Wk, = 2.Ox Rate
During a declared state of.: emergency and/or a pending or existing
natural disaster, all. rentals of this generator type will. be billed.
at a one-week minimum rental period for 24--hours of usage per day.
The one-week minimum rental at 24-hour usage rates does not apply
to pre-existing generator rental;:;.
Rental Sub-total : 11977.00
SALES ITEMS:
Qty Item number Unit Price
Certain eq@0r4446Qii4Iuires scheduled Preventive Maintenance.tkelt RentAQl-dYo i6 the operation time and perform PM service as required in accordant'gl4itho 0
manufacturers specifications.Customer shall be charged for each PM service performed during rental period.
IF THE EQUIPMENT DOES NOT WORKFOR
PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING,DAMAGES AND REPAIRS
1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.
2. Cuslarner assumes all risks associated with the Equipment during the Rental Period,including injury and damage to persons,property and the Equipment.
3. Customer is responsible for and shall only permit proper)yy trained,Authorixad Individuals to use the Equipment.
4. If the Equipment does not operate properly is not surtable for Customer's intended use,doss not have operating an
safety instructions or Customer has any questions regarding use of the Equipment,
Customer shall not use the Equipment and shall contact Sunbelt Immediately.
6. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer(i)assumes all risk associated thereunder,and(ii)
indemnifies Sunbelt Entities for all claims or damages as a result of msuse or use of damaged or malfunctioning Equiprrtent.
6. Customer has received,read,understands and agrevs to the estimated charges and a0 the terms on this page,plus all sections on the reverse side of this Contract(""Sections"),including Release and
Indemnification in Section S and Environmental Fee in Section 16,which can also be found at www.sunbeltrmtals.corrJrentalcontract.'Delivery/Pickup Surcharge fee explanation is available at
tww.sunbekrantals.comisurcharge.
7. Cwustomer must contact Sunbelt to request pickup of Equipment,retain the Pick-Up Plurnber given by Sunbelt and will be responsible for Equipment until actuallyretrieved by Sunbelt.
6. Customer waives its right to a jury trial In any dispute as set forth in Section 19.
9. At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives anv right to bring a class action as set forth in Section 20.
E nC4*40F C74?M r Y Al t C2rANLY S QF FIGt
4r' era gas ro�r r
Customer is declining Rental Protection Plan see reverse side far detaa ,,.tomer Initials -- 'xy„,. "'m - '°""
ng ( _.__.. 1 PATMGMEA1'7 kS
xArr A"""`T/f4�r4YA�
06.21.2024 Kevin Wilson _.....___.
ustomer Signature Date Name Printed Delivered By Date
www.sunbeltrentals.com PDFWSe(P—a2r2e)22)
SUNBELT" Page 2 of 2
RENTALS
iyuMnP.1&11>wLk PC#: 0091 SUNBELT RENTALS, INC.
�xFRVlcl
3701 NW 120TH AVE Salesman: 009140 MADRAZO, VICTOR (091
CORAL SPRINGS, FL 33065 2532
954-577-9429 Typed By: MSPORDER
Job Site: RENTAL OUT
SHERRIFS ADMIN HEADQUARTER III IIIIIIIIIIIIIIIIIII111111111
5525 COLLEGE RD
KEY WEST, FL 33040 4307
Contract #.. 155167392
C#: 305-809-5200 J#: 786-847-3087 Contract dt. 6/07/24
Date out.... 6/07/24 3:30 PM
Customer: 188535 Est return.. 7/05/24 3:30 PM
MONROE COUNTY BOARD OF COUNTY Job Loc..... 5525 COLLEGE ROAD, KEY WEST
123 OVERSEAS HWY ROCKLAND KEY Job No...... SHERRIFS ADMIN HEADQ
PUBLIC WORKS DEPARTMENT P.O. #...... SHERRIFS ADMIN HEADQUARTER
KEY WEST, FL 33040 Ordered By.. GREENLEE, DARYL
NET 30
For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental roperty, or equipment upon expiration of rental period
and failure to pay all amounts due (including costs for damage to the property or Equipmentf are evidence of abandonment or refusal to redeliver
theproperty, punishable in accordance with Section 812.155, Florida Statutes.
QTY EQUIPMENT # Min Day Week 4 Week Amount
SALES ITEMS:
Qty Ite[TI number. Unit Price
TRANSPORTATION SURCHARGE
I ENVIRONMENTAL EA 202 .150 202. 1.5
213:3=000 ENVIRON/HAZMAT/DISPOSAL FEE
RENTAL PROTECTION PLAN 1.796.55
DELIVERY CHARGE 1.000.00
PICKUP CHARGE 1.000.00
OSC DARYL (786) 847-3087
Sub-total : 1.6355.70
Total: 16355.70
Currently, Pay on Return per gallon prices are:
GAS: $9.500, DIESEL: $10.500, KEROSENE: $6. 100, PROPANE: $6 .500
However, Customer agrees to pay Sunbelt 's Pay on Return per gallon price in
place at tune of return of the Equipment .
A11Cef ibrYfA6 nt 16b 40reVs`6uled Preventive Maintenance.Sunbelt Rentals will monitor the operation time and perform PM service as required in accordance with
manufacturefs specifications.Customer shall be charged for each PM service performed during rental period.
EQUIPMENTIF THE DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLEFOR
PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING,DAMAGES AND REPAIRS
1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,including injury and damage to persons,property and the Equipment.
3. Customer is responsible for and shall only permit properly trained,Authorized Individuals to use the Equipment.
4. If the Equipment does not operate property,is not suitable for Customer's interuded use,does not have operating and safety instructions of Customer has any questions regarding use of the Equipment,
Customer shall not use the Equipment and shall contact Sunbelt immediate
5. Equipment misuse o using damagod or malfunctioning Equipment may realin serious bodily injury o death and Customer agrees that Customer(i)assumes all risk associated thereunder,and(iQ
indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged o malfunctioning Equipment.
6. Customer has received,read,understands and a roes to the estimated charges and all the farms on this page,plus ail sections on the reverse side of this Contract("Sections"),including Release and
Indemnification in Section 6 and Environmental Fee in Section 16,which can also be found at www.sunbeltrentals.cordrentalcontract.*Cefivery/Pickup Surcharge fee explanation is available at
www.sunbeltrentais.corm/surchargge.
7. Customer must contact Sunbelt tb request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until aetuallyretdeved by Sunbelt.
6. Customer waives its right to a jury trial in any dispute as set forth in Section 19.
9.At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.
.._ '.00UMVAlTeanrvrrv'SOs rrum,
«m ar, x
en,As-rcn or
Customer is declining Rental Protection Plan(see reverse side for details/ �j storner Initials) .i°,.ad�'. ,� run a:."
wA'rrrrcrA w;nrsa.a.,s
Atsuua re n«r�/1 ��V A-rrr,nrrrrev
06.21.2024 Kevin Wilson DAre
Customer ignature Date Name Printed Delivered By Date
,,, „fr;'" °,. ... www.sunbeltrentals.conn Norws6(R.ov e2r28r22)
SUNBELT RENTALS TERMS AND CONDITIONS
i) DETWII'IONS QgTl y�r�.' ,JLWrvldt+et5"artthoo-endoadual,aOat(udllber doodly aindd idly Maws to or.the 6,9ogerrenl,who Wall ruariautn wnh.alarryins all duets,watplecate;f andrlg Town draft seas,dust oi�ilnage ofgrol a too dreads,and III Suhau
none be property aaardd a use the Equlpm lif at lsaui 15 yoolo oker or It.lowl agent mdpcaity In Ors eand votelwver a y!sirs,and and not users aretwo,di-leant r arc lsgd red and tako aft wher usurebary steps to a.-a In sivared such right,at a,toner n dxdrer ay.
Aren(ree—ofanyduge,al+yWlci bdr,lao—.othareasoris.ed4�'4rd,mI,hadilIll arwrudules any or younepreaantanval�s froke'la 17) RENTAL RAPES.The bead charge,tµearfedh On,Cnraofaara(a)vedharad bard opo fl:e ul plesentallar U he
ufllnrafs,ainpdyees ur mryuria vagriorry Ursa(,Molest on es.bats NI Lt'vircrntanlal.4,bfrgaL.j.UStiet,is thud enayo dumbed n Sadvton if sal rayed pil l Period odubound hafeel nanuta rates outland the sadnarad Randa Pill,lay Oloal)atd'tkum ofurnabox,conosyed by Cualonaar
Equilai,M,Ij"a if sryurpolull andy.d......dent or if.dlklur pages provided,together all or sphya3ndanla,oepolls addltlun.adamMna Its Ill;uroelt.urd(L)far Ara Lear, air r sae,fix Ae Srtft dole's otherwoes noted.Wookl,y and d weak enter late,shad dad be Wanted Ill
Wild aadaun tea end all ful oar E:matioriontsonod In"'dot"tr,arry Wrla rufar.,theft aoudart.faasualty Id,;vandefor star,death a dion,ayo to ui„.yea murr'I,w lu rig Cafudayo.Su hays wd noridaya i¢la rental safer tlo odi uu%wi...uf(.uatwner uspw'a Use,few.(l ak aoruulnabla,time.
pataarn aM PrcltrdrlY,crsa'tlddbyany pinaYdllaarYbty PYldi appaWefnlavafKa'duflr'ridse aoYlo'Y¢iGliaarwrnY lda;L',qu prrorl.'iagyj"rtdcuaflls Lump lit Ia At prase end frtrna,ails ardary rig",gaybre setae rkuanydn tetrad at car.cross sp.a'aaa„ura,d/W sue dt the V::Ir 1pnant tnUddtng
all areas"Its food all 15 llrlkrlr I' Cliplanor is drabod,to greassotrxIfound of N days.'Fy_V ,the e'.qupindut,for rnarkaf Value on IN aarlosued Ill pP'4rslharlOsSroituae,(Igdadaafyaldpldlup nTlalgns to au Ydhton ifr..,(rxa'olmorld but or Iff,bod tuany fir lEWropgrlilesi
about tire We U the Iroxmit eshorrig W tore Equip b rid,plus any ad rrshai ve fears and expomaa'I,yyg she'ocean¢gad more.thrnY 8 mass per dafvary.pickup I,,noral fau,u lorded n pro C undact,(r sairralsou,opeas a'rd alleyonenfs to trio Lordlearo as provided frond n.(iv)a
day.40 frous per yomak and 160 i'rools orasay 4waek period,Gticmadad that amble soft will be lbur%and taVId,hilt well be 200%of IF.!.rise d'Iarge slim g fee If labored,y, i sudea'te,raa cfoagYes,oust as two fur lust key,,ll ousev to eWvar k(judolsoll e lerym'rcy yorefroban or Note
on Lquiploy"I with had,fta ns, f1 ygggy,ggyl,fl froxis raYrre4 Jesurr lion ccu':i oroad reumo sbhl.t the aqup tuma uluN ndu56ty ffor,Uia sparsity Vlf trustd tew. CflArtl'Ig title Harbor Issued slue fa felUWVIry I'q pie tl if ad rl0urn'Ibed Pirlllvw,(vli)I as Pw uus,,,IN after)d aaoN for it aft loatl
I raft r3'n 1,,ralty" 'aria Surf as QuIdurs.,old together brldn are(h.Pants", � A
Gg llrar(beer "y no nul l JaMulnar Gra—(lunl Submit Iqupment.allot(Vitt)sad Eh'rvltorri'eitat fe"Wou(a'I&age(aaewWW,pleariyd EC171}'_,)/ii)V IdY J;;Ip'Iig rya)sire dX)I an rpC111af di.ruuhalP9s
P,VIdeAYI',n'g ihr.L,IMt a)taxd Ga110Vut.Ip EguIy fit fEet il'Igja se.rrY Grata vrlYUY file Egllporut is delivered to Utateref of tkt was sealers (see YYYIW 4gl'IdWAI:a'ILals eanlP`gLpf]q 4d Ttrd Cr'nlva'alirar Earafgd(ou Qlir bit drsrJU(uU dam,our sooner,gonforeftel"uf fret law,,tx ofaa r
WIE'oorrinba'Ill b'a Egarprat;,'{Its falsored to b',of—brt'Yliked up by Llllfl slaft ddmty rat has Warner Ids I meatball UrefouI.has Uniefwl Ja S surt Irdilea'ts time fares as royanue arYd unno poor I of its dl'.onornn
sopped antion it,dons'all.gIPP.fr'lao"alto,all"I.,ass%rA d I i Sooto n ill.',�I,A ag1 bid loolion trial GUrsea list I ear amms 110 ISI PAYMENI.C,sis oiler pay to if re I dn@d of Eqe µnnanf are of L qualin'strraboalbazdafotedr fen,odd aervaaadentiasd
a(
fi:.ar plYlor,( oh be tcoal loon f g are frortal f eou'l iaustoled eaarld, jitgla is pea Stlrklldl ladapol ball dares 3 I'is boori@il will it's Ill find Contrast and al ocher amuul'ta doe,sallio dt asy ortbala,Its all I)aJvarroa at at¢A t',of rf nta1 Intel,Ionfeb,apply ('mallb r ra,uwd
aerated aornpar'nss,thar roopoWllvs rArrdys,mdroura,mrrp7uyser,and agents"'i elx aI sC1p,Ie'a date auflleUed wlloor he E.Taxissnl of vow oarsurwada+uwYladr(Nu,adon G villoaars,ulodiwdelptof
aerdware relating to IY.k`:gcnpor"4 t psrfex saris.brrabu,.of oW stirs lour yaalat on S,rnllasguf r„a d"uxge u'rtendud ro tlaTray a olds hangs of lu arefC.,rvaue.a tlwr Ley dads cback or ACM 4''dalohr)er muaf nnldy Surgred rrI wnarry of any dspufsd a merunta.IrUenau S el oat wrd GYargss,
varePaafado)dean Yaeu(boaPl dlruul soli)diriuvJ,wheals are nut aaiwayd tufty scovr,hwd dY aflrNMr arxr,(NI tdbfarrr cal.iyds mtt'Irn ih days efts the ranuyrt rN CI w^elacrinlpcl>r C,uufann atoll od dealncd d f eve ravncnbly waved to ngfrr tit swap ar dntth an cnlnl¢A6
2) TERMS Cup a r,ecuA of n.>Ga'nraa a tdk,g pa a,eediwl of the Eglapn'Iant(wfliGravm rows IRaq aware or,dsan'Idd ndn,d a d.u'asna a'y—suit off a i'li qu III balance r ay be plauaof on a.rah Isola ermala only Le forrulad a'ef d a I;it rphart rusy be
aoogAr or of the far,,.heron to,thus and all part arrd tainto cuNNruda Garroan 9urlbdt land(datobar relive Grolarrav"s adept ad Surbeft imareed nor wilturu6 ishol Duo to fire dgfisrifig is fixfol caGilaad carpel boas ai by late payer o't C d Wasior ago.:,nor„;a volors Idoop equal to the
I:quIsheni order in—ounirru la Guour'Ye,Ynfa the f'Iwvpiatart fro,'Su'dalt favored fo If(,ortaot,wfr,dh o a ir(I.III.i no Eepaphahf(a)la (e ary.rA 1 h%I.,troath oY th i e n rY late pdyq,a d try law allele be d racaaatl.ar dranquenl dusinh,ulntlr pole r flail Crldune,WILL
nd al
'Ifn
all trend,file parsao'Iat p,siosly ofSunbelt wrd(b)WWI nor be of it ud to any alpo'opoaty Guounorm shelf nut intorp no assorted,nay a e Sor
rel l for air bear,bo aruur ad in I;arlablang any,fats payment,,InGudnay,ifIr lan[trrtion solhou ye tea ares s Pay.I'll of any lAn doge dI orundur In buy iharu)m ant¢,,,a.C urns-er It any ddeud corder It,.cod osol Cud nner affair pay a fur o1$15 ins e^esit omak eadraacl by Ia;A at auhiolsm funds to
51 PERMUTED USE.Cuateanm a rroya eras—orrdo that(a)Sonanot hoe Iry abnaet ever IPIe marmot r who!If.h9rlipnont a ur r psysafd Barbaft for Its oveawd'a fa'pnoo mg n odor full Desserts well o led rally to rsta ante 11 m urarra ass past In full CUSTOMER
spofafed duo 9 tr a Rernal Period by Con—or aly third parry reel Cdusarmsr imphodtly a rabbitry par slots,(b)pea to aaou use aid Its rafurre to AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR 10 GUARANTEE PAYMENT,CUSTOMER
Spar fiat I'for onal my,au vent"Ill[,msrrnanf to omn duo tarn!qualuart u I good um)ddfem,wet d rdafeae,lowderyd weal,and oil lot AUTHORIZES SUNBELT TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES
Equrpmenl and fta L'rluipuaanr,oaotabl,far Cuxn,er.,ncrdedese((;)Glmtmrer has ail reus to andresearvo lbr upol also salinalruomda n SUBSEQUENTLY INCURRED BY CUSTOMER,INCLUDING BUT NOT LIMITED TO,LOSS OF OR DAMAGE TO THE EQUIPMENT AND
it'd.11[alarms the,Equoult"l oadsr de,.p the roondard I anormns and with w{lpfisobre vafde,alurpmmit(d)any anor'sid agony at EXTENSION OF THE.RENTAL.PERIOD LHesued u,,112021 and whose petrified by law 9rnbelt ray pose 3urd.wrya of 2%(rim urn Sal
the,Ilte Add as xaunlarlaaddaruxrpt dr lrvaly r(IYoE:quern'sane(dYG1C,Iaatarrrarrlludst's,Loni anr.auttrur zwo Cc nbultlo leave ttrr k:.yrvapnreni for wedit czr:dpnpnents l>n allargd..owunGS Tills,wadral'geiu not yreafel ilrarr:lun11r1(Ya rendlantduurut'ere frlru¢rih�,awd iran.d�nAwnsand ru
sP It.
SiteAddas,rwIhocil Isat1reart of will roue pS,(a Cuakriar Wall Iharadahoy stop..cord n4dfy Searet ItItofgdp vita danr.gad audr(eGd it,dz.1 omen j�r soil
urrade it&too raifusai l Yg usher,lights-0 air,allied uporl,dhrdataridd with eaisfuo,I oac,ells It any flat—do,,(h Guns.has '13) RETURN OF EQUIPMENT.Suilbrat I Inay le—die Dim f a ondavl at m�y In ,for any froual I it Is E.t'Halrr I shad be Iaria red it
yo—ad�Imul Sall all r"bonaau'I Wadded of equated regarding Thu operation of the L.quirs-A(W SarLou Is[rot responadre to Wasting `Gurbati(when needed for firsibialaoIlh,rrraaaar.dr am arid at pre end of tow Rerrel Penasd)r the oanw condpai I as rarye ld bear(vernal We.
operator of una,Uenuiitg unlaces C'uDusilitr abonfa:ay,(Px'ddk.tIl in ran and Sunbelt adays lorrosoldesso aaunng(Cuaiclre hag eaporiur tend to.north.Irta'Yyhersublu,rlgaiddaand nu Ytarrnishre.Guidurim will lafuil ObEglalloostrte2dtd IN,Radar Pend.Pint will oontWnua
Ill nblar ap lr air drat(udrm eJrlla d pn.to rso gdIl l'o al(ill f iro ll rb A hapbasobletur ussayserI slAgel m,to prnv do wd srobia In be re µwrriabre for rar ps antl Wh er ands sat shis,tf l liaraal(mod it tow U,s o,,ar Ia irrA sale",.Ill r uslol loadred We'll if 8unrwll
ao cam,rvndaanr(a)to any okra ore Fluthiwlaed Indvdturl(,),()efdyAutisoneed Individuals stroll ass a,d ursrara tha EllaapinenG lewaydr Oua'tomdr derverad it.Lmarp narrl to Gusto Yar Guar's.,loll norty Saunbar(host too s q,iarse It I"oudy to be p ekmi up al pro Site flddrewa.,oil nelson a
u roomm„spar Par par hyui usvv l and to use haling the 12shout Pound raloomiuda of Ito dear.0)the Eb itruent shah be used aid name's rod In a rIn*Up Numb o,whacky Pidu Up Nardi,Orr ass ru m uukl keep as plant of IN oat,povv led Curio re r r ru I al fur airy lout,poor,davrtago In
caraduflndndrae within l¢Io E:gfup lo,apac ly and In uurrprlrarloawdh a&applupable law.,,rogWalivara,as wan as all opwraar19 arrd aadtpYrnalo6laLircsrd o dsd ta,licw tit less Equi)',arwni wtif;,uYreTi uxnrt4n mtlrat ins Equipnsrt,;sew sod m'i,huura dnon oglr'ad i'erarr Ctafo nworollnotheorldrped
to Jed or,in a Of,rod Let prua)t and all appi ta3blt)elder&l,sere aril Ic'M;al lawn,permits and fseart;�is nddr ai ng ern,at urrrtoo Or,UdHA and fire lanes!a mijors,apes the date tire pyn,Up yonder is Wool,Warded Custao for ludo otherwise nohp[iad with Itaa Coulasl No µlrokups dotal an
AOA,aareviaod(F)ItdFqugrmsnf aErar oat kepi la crag oroaaa Wal(1)(;sdurair near prow deAsa 6.11 wM&w.Ilcad 11oproa.ndonnadal, 4urdaya ur Adutory lcaddyn aidmouday a.kury,aarC ddperldarta,uprolfru afore to IfC,usim—pwkddup[quparal.( elo sr shall felurcn
wlhidl Slube1l aTe P!yin to best USE.duroapar efuall 4 ta�laborer Lost t I it 't during bell 4t' Insured tr"' tau If he Ecµrrei a t of returned by It 'I rardrd e Yl cif I7'm Randal Period
qru Fa ap{rspnat F q pr I l
4 d(a)o r or.rave(up any dorms of ifolar fi'na Fgoprmout,foodeve ally abidef saris peufledearla (.Slaw.agree,Yo plydsmnprarAl4e rn'la1 rulefor flYe Lqu yfrw Ita6kltnmrtl UI 11s Rsfna F.na
safety squSrr le l w'rafrlautmrau uu also a tarlpar odor Ihw EglSpnre>nt.(try assign i1a r gilt r under IhiN Cu'raeat,(a)move Itro Ilqu ensure trpm the SIw 14) PURCHASES If trios(.antrtxerf idsro-btNSa a y Equipl sf t nralarrala dr odurr tune that a Ie tri pu a;ladsrxr by C ualonnar 3uromir
pelisse wrfhout,'ruraialt m wr'Itte w serq,111 r p o h yr rest can a m nsgllgvnt Alsgal u,arrftooued err edu,ovo oar oar a(e)pod or,doe of the aelld atilt denodro.,weft bons to(a aeon ar is.,'AS IS,WHERE 15'bases.with eat Pour old wfhuuf ma,warronaea(odor tear oranufroadry,
4=gc 1pnrdd Ili of y rrrannau'("Issurd 9,w tirdut I m let.,,off arcliluv or,el a eleaaunod a(I)sitar's tore use of trio Equipment ti anyone dire,ta,ar wa"a rt ea.[f a y)e ',r count l t G"tresses a pays re'Yt to CUMrat of lire hod bashaaa pr ce(Atill tare Wonder(starts title it)ou lam dory
Addnonasd end dudes(l'Il,eatUunaH au°ano viodgirlg that Ora Equiprroorst«say be danquade if used Inprrperfy u'by untrained Paribas) Cuatomm has paid In full
5) MAINTENANCE'.Gusdcm'..al.11 perform chutes o area refoa on To Egos[tall,rnddfry routine urdeadiurla hrdnnad'Iaarlarse 15) DEFAULT.0 Utone,WWI ton ail da'lliq i almost,dour ns Crud noseufe or T Cgsfanw(a)Inns or gray wars what)due.(b)
of fool arrd o leases.gdeaaa.dxosig and fluid ayudann,radial ere VlrYtldk'milts q riyeh,and slowing in nora dander with file rranufad u r I Wool Ill flal at iv,Godard lot o—sad'a debt.In a lookrul I4y p ounaniRny ynuJ 1N a w afri(r.lakes l'ar.o.o r trrron its ereirora
spanfuaadoria.a,appaoaafd ptdursi E Alfr.'af6rro(erroo rtayaxay be p'irforned by Surdbat a its areal.but hour falls rmaproussisly during order surtI Nervy lag'satbn x..to c%ycaI toorm:la,or has its aaeain er,.I by oly f.ratffw.d,role to rBrre the fusion out a:I equured.
it.Foal lParruJ to apes a Foadonn any nainloodree or lapaadcndoss Ougarra romeaataa soo.ear if Surrbeft derertr Wes ftrat,eyete to the or oUuvwraa doom;To E.qupn'etdtr.uk,(oyrr Iatadbu Lq.pn air in redoody upon Sul>Valt's damand.o(I)an daet.ult larder any other am tral
F.WITIllsom are rreadrxl,What drat mit ary Warr arld I eras Gootou se,¢malt parry the lea r upaV draryo-r,,additional fast,II any,and moral 0 his with cGelsar®a it a Carol default ace vat,Eiwrbaft artaf(h awn„In add,(.,to as Iiyhtc and feanallne at law or ,adusy.fils right to opas...a the
kquiprnsid sole lYwraparn ar�'a)Inrrfralad if Equip.anteaatWd'r ardsnndµ.d raxesIofLJ%of9.Egdhoserots`I umunuer wa toirerpu)arble LanTrodry wvtli ludaal proreus st prod(aodda.f,ualrinum fPal pay al of SWIrsad Goob,rnnJue6rdrlasounarbill wiul al saflihi.,at.,old.
I'll the FMV of file:qu+prrrSnl rr;It along yet.ail au applaol lea suet d had file light to hurryal nee Lgrmprrsng wnaevs[bored('.usidha,fres the notarial erne I fast,Inaoarrod n sracaa.g boy star,light,in durabl e,tonal aurdebt eflall nut be fiats,dos to sn,wrwo of Eqd rpmont by order
authotty or and harbor goals Sd.bell and its age ate freight to anti,t?.phavielllaaaon of the,gwprrsrlt for the putmase sat forth tdn'aar9ured of quo In rcre oaf authrndy COS TOMER WAIVES ANY RIGHT OF AC'RON AGAINST SUNBELT ENT FIRES FOR SUCH REPOSSESSION.
eased be Iarsonsibro for ar ars roar,fad bacau.i U Ordiriay Wear sod Tear custandf amass that spar ar sepses rlenf of It.Egurprnerd m 16l CRIMINAL WARNING.Ttao own U falls itlaniiliedbai fo obtarrr Eye pnlu ni ar the fah oat lur rat r Eigngxrwru try tort arrd U the
C r1'mal"an d:a ea tidyfox o-uroedt'ab eaU'of lfl.,;aodnal.Nrfwnrhatevrdagoo[rAt,Wa,,aaao,r'enl i(Cuslor r.breaches iota(',Irorsract Hill reP.IW,lay oll neirbd.ed fruit,wixrpeat to of mo al oroseautial mud over real where perrndlad,purousur to apFkaabVa taws
a,
gfarhet aha0 have oar oblugaaw to door nlu Rand f rood,aairnrenos ordeua or rof other aquiyonall to Gushers until Guainmav a Ira agent agoass 1(1 ENVIRONMENTAL SERVICES CHARGE In proulere s Chem and ssaei.ble onvruir nll"a-realt III va5rrws heaalaes it,
to pay to auah dh'afgee iosippy woes aloes 11 aro W gnat a .0 ar.01'urr If w'milisda,Ssoball dI'inurn I,a arde rourre,If alarmoronial rhyl
&) CUSTOMER LIABILITY.DURING THE RENTAL.PERIOD,CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THEsoya rsyxa(both dead and Trtlirwx;t)Ihe,o drpa'ssas hriay eddied awvwm,suer as wa,dd prase am alruuta a rd rat nb.a mn sf dear rig taut lieu.
POSSESSION,CONTROL OR USE Of THE EQUIPMENT,INCLUDING BUT NOT LIMITED TO,PERSONAL INJURY,DEATH,RENTAL aaxlualtr,a mws fumrr-effunent squprrlant a,well an,tabor uastr.ad I-cranes duets.era Ta help of sel IP,are ar d alfrt«ors„uroelt oaesmear
CHARGES,THET II LOSSES,DAMAGES AND DESTRUCTION,INCLUDING CUST(MAER'TRANSPORTAHON,LOADING AND UNLOADING, F'war rnarrfaN raruuosa Glraagd plus uppluonrlrve lasso IP.rain Ia w rnwruoo wrg'I ea6arrr Per Ida the E v n ranhva dsrvuw,(,oargr a lot a Ins.
WHETHER OR NOT THE CUSTOMER IS AT FAULT.Afty—iinawduani C,usirn"wr,Iraf(a)grmwdapnfy lsredy FiwNaep Inspalrud,drhdoalsoil and o grvx'r hrrlaufy reaudafeA bf argead anon{rWm9probad dr airy paraarlar sae a ptauad I air escrow au dd far Rove a oha go trial tila)baaxr6ddua
Godro rr s , cvol ,in,(b)a and'elf to il era Equip)v l a'd oho ear' I'y posinvoa o erg,vase n exral rg It If.Iran of I. its suer ate a va'd la al Its dalarc
It.
fad�rdvulat,]beavidt ants antsagstsrrvlargyAe,(a)Imrlarllatafy,aulrrnt sonaa,of all polka arUlan gaud pony ngru to to Wall old(Jr a a apWrable. 18) FUEL For LIT pnm't they arms fie Uaatarlar has tfnns,opens.(.)Prepay I nor Optuni Gowoaul Heyyucd—it feu harp of
Sullied,r die n to Mils 'Ads I..,,the ram l rife for L T ,s't list the rpa, sort Igd tacd or Eqr µsr art repleasd pluo wirier(g that 1a rt e Cqupms't or the surf U bib ranfad In wh ch oaae a"amoollre lea Wag will appem on Ih Gor t ucd(ucdculatCxl by reel 1pnq the
In"
fMV nor had full ahawga,ere r-.,I,y and lspaa's of Wintdf ll f rdu fprnvint Adadr a d or demo}yes short)of be abrudd aye nsl itnvme arcs wounds estimated fuel ussobey of P:or anonr by the P,lo axy psi garon sale).As an addled Des l tar buatcrmer play iffuln the L Waries am full of fuel and too
Sall a rmi haven the laroradory,ngtht but nal obdyaaon,nY rordan toy Eg.mpl'ro rt.valved to wry Iludati -yormill.raidge will be raturdrld girswayse If nU rennraed full,Cuslonra wrd opt gees,ally.dust III full[eft nY the Eglup r rar i upa s mrset,(b)
I) NO WARRANTIES.SUNBELT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,EXPRESS OR IMPLIED,WITH Pay oil R Turn Opfuni it Greaudis III Equip s it wnf less dual ill f when era Claims.d as pary a Ishtar r g dry (nobul by
RESPECT TO THE EQUIPMENT,ITS CURABILITY,CONDITION,MERCHANTABILITY,NONdNFRINGEMENI,OR FITNESS FOR ANY if Iormysny Sark b ortsradto ofill tack who tool to I whatII ranebad,by the fay oat alitur,I per adonlots)I,,d(o)Ftetan'I fug Lrplenr-ICuate".
PARTICULAR PURPOSE.CUSIOMER ACKNOWLEDGE S ACCEPT'ANCE OF THE EQUIPMENT ON AN"AS IS,WHERE IS'HASIS,WITH'ALL solutII.In.Lquital with at leasto rruoh in.(as when rt was I aselveA(n.oSalndeflEgopnout wows wnh a till lank Mtea but her all),lie fail
FACE IS'AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT ENTITIES.CUSTOMER ASSUMES ALL RISKS ASSOCIATFIT charga will alai as dused The .at if(:uafarror refusal d l:turnount Itaan ,It generally I r floor than ohs Prepay Fulw(;poor a Ito Pay on Resin
WITH THE EQUIPMENT AND RELEASES SUNBELT'ENTITIES FROM ALL LIABILITIES AND DAMAGES INCLUDING LOST PROFITS, Opl sit hrwarer triage notorious noun also for the owv,.niuue of hot housung.Caatcvn ,grass tt al rota AiP nor opiaans erail sale of Purrs
PERSONAL INJURY,AND SPECIAL,INCIDENTAL AND CONSEQUENTIAL DAMAGES,EVEN IF ADVISED OF THE POSSIBILITY Of SUCH 19) LIMITATION OF SUNBELT'S LIABILITY.IN CONSIDERALON Of THE RENTAL.OF EOUFUENT,CUSTOMER AGREES
DAMAGES)IN ANY WAY CONNECTED WITH THE EQUIPMENT,ITS INSTALLATION,OPERATION OR USE OR ANY DEFECT OR FAILURE THAT SUNBELT UABILIIY UNDER THIS CONTRACT,INCLUDING ANY LIABILITY ARISING FROM SUNBELT'S,SUNBELT ENT THE$,OR
THEREOF,A BREACH OF SUNBELT'S OBLK;ATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM ANY THIRD PARTY'S COMPARATIVE,CONCURRENT,CONTRIBUTORY,PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A
CUSTOMER OR THIRD PARTIES,UPON WHICH SUNBELT RELIES;PROVIDED HOWEVER,IF CUSTOMER IS A CONSUMER UNDER RESULT OF ANY STRICT OR ABSOLUTE LIABILITY,SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER
APPLICABLE LAW,THEN NO CONSEQUENTIAL DAMAGES LIMITIATION OF INJURIES TO PERSONS SHALL APPLY. THIS CONTRACT.
s) RELEASE AND INDEMNIFICATION.TO THE FULLEST EXTENT PERMITTED BY LAW,CUSTOMER INDEMNITIES, 20) JURY TRIAL WAIVER..IN ANY DISPUTE ARISING OUT Of,IN CONNECTION WITH,OR IN ANY WAY PER IAINING TO
RELEASEXHOLDS SUNBELT ENTITIES HARMLESS AND AT SUNBELT'S REQUEST,DEFENDS SUNBELT ENTITIES(WITH COUNSEL THIS CONTRACT,CUSTOMERAND SUNBELT HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT IDA TRIAL.
APPROVED BY SUNBEL:F),FROM AND AGAINST ALL,LIABILITIES,CLAIMS,LOSSES,DAMAGES,AND EXPENSES(INCLUDING BY JURY,THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
Art ORNEY'S ANDIOR LEGAL FEES AND EXPENSES)HOWEVER ARISING OR INCURRED,RELATED TO ANY INCIDENT,DAMAGE TO 21) ARBITRATION AGREEMENT 6 CLASS ACTION WAIVER.AT THE.ELECTION OF CUSTOMER OR SUNBELI,ANY
PROPERTY,INJURY OR DEATH OF ANY PERSON,CONTAMINATION OR ALLEGED CONTAMINATION,OR VIOLATION OF LAW OR DISPUIE ARISING OUT OF,IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY
REGULAi'ION CAUSED BY OR CONNECTED WITH TTIE lay ACCESS,USE,POSSESSION OR CONTROL OF THE EQUIPMENT BY ARBITRATION BROUGHT IN THE PARTY'$INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR
CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS,USE,POSSESS OR CONTROL REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL
THE EQUIPMENT'DURING THE RENTAL PERIOD OR JET BREACH OF THIS CONTRACT,WHETHER OR NOT CAUSED IN PART BY THE. ARBITRATION RULES OR BY JAMS PURSUANT 1'0ITS STREAMLINED ANN NOTION RULES AND PROCEDURES AND JUDGEMENT ON
ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR THE AWARD RENDERED BY THE ARBITRATORIS)MAYBE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.THERE SHALL.
IMPOSED IN ACCORDANCE VNTH'THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY.CUSTOMER ALSO AGREES TO WAIVE ITS BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRAIED OR TRIED ON A CLASS ACTION BASIS.
WORKERS'COMPENSATION IMMUNITY,TO THE EXTENT APPLICABLE CUSfOMER'S INDEMNITY OBLIGATIONS SHALL SURVIVE THE 22t COMPLIANCE WITH EXPORT AND IMPORT LAWS,R amova of theEro 11pra flu III la'Ina,d fgad.o(U.S")m blurt
NOR TERMWA NOTICE THIS CONTRACT-AIIM(:uaf arrdu'lriPcal 'fdaggesoneunnkr nuaparaytaph dholl bay,rua.rd aava'al rodeo rho Carirdct if Cuaunex dealer a hoss,to dansplet aluperaGaoof Via Darry,nrantaundedthsu S.(uslarenrua Odubo
A) INSURANCE Dvwsggthokessellermd,Cualaatxarallrrdnlaf.alN. ,Iroq�.rYae the barownlg mllll)run neurarlpa wrerage eIrelP'd solar,Opt cafotaTanS suer s':dore oncFudo(rg lapphvvril uY aslabllahod sulafurna trrcnk¢r,sold(b)exwutllnaauro Wencrit Ik Conlrac2,wi'Iwxl
vfor
Gueion'0[b norig Erral t l Iu aVt per,o I raa.gna'n'sar lkab illy aYsoodonl al r d lane floor$1.000 000 pet scro area.vnoarglv9 w rape al dlndn'&'11 3 14Hpnradd hers.It G4 ntds.axpaih Or or,-rareato wlfhnld sa nottyugl wnfl Idle 2lYYnyr Jahn uo'..C user as aogeaa glee((I IN,
"amner wnkadudllartl ,a f ho ar i au sti d,tt o J.a.1e rend a rs,dun6on clause oaliwfad w Sad€n 8 It tot Cush nerd ura S Equsnnanl tip per'a'l,s violated to old Inard onliblly with al aµ arriushee Ivan day,indudrrd but out Ill to the Eapan Adifurwaldr l Regulations and(ii)
I,
ran pvldo sae dart,Tribl l,orarle;cag.ilnal day by at forks I,the E.glipmml,In an arnnalt at lasso equal to Ern Ipoorest.urdaada lF4Plor chownr..as breaq,atell npoia of regrad.ua rraponnlfers for(A)darahurrod whereat and obtaining It teaaaaay,expun or in earl hoonaare cu
ordered ai th's time 19 rar ear wed paid far pia to any Indfdont ho w¢like,,compel add n it,stiverre as requaid by law,and top automobile iradllgy other iwnc'Id!at aria as rat;wrerd oil.to agem ny so I aproning the t 4syroll(Hi WWI any sego lard tlaoc r-a6rru nxrossely far Imufn of
'.
Inamehad(Inwru y'austaov d illava nowaage '.ant f d' tad rota e{doranyth In then al ae(torm In Idea Equprnaurt, nd ar(C) aarnog of ad911dr'Ifed seers.fats oY dvararnrs of iris Equc{r'lhrt rWGUr F2olaf to YYw„LY tl, uyf irnrnrrmbar
sod sacdora(a)and(bit If ell 1_gupe Ya f is to be a aid uI any roadway Slush pot rids shall two panedy.italuanmbu[ary,of In ouyuradice bass 23) COLLECTION OF DATA. G}uat....realm,to the oullesson, se and diedaaue U the dale and G alantin
oo[,tsdn tarsal lit ania.9dCan,'Iamu Susbult andllaarytend ao ar suddlear,ndfodhiphuntog.,adaaborcalinsufed food is ton....1)and W.payeu. vrA tansy provvdas to Sunnoll.iiroludirlg pru lW lderlthablo lntornlalion and Mistreat mlaruauan,as.01 as the Tatahaoeu raodadorabrxl bat ter
w,d prides ern Sandreff ra ho-no at[seat IO days poor wnder'I fa as of arty reformation or rrwWv of ehenya.Airy waifsfdd our atalutva darzun Lqup rent as desur bed In our Pnveray Po1wy bond it wow surdrdllra pals panlporvacyrialey
rednal or o wl ona a a bat arbor Guntroursr Ward paved 3arT'wn weal eartfiveram of mauaa cs,to losswoolxxntitF,ai ill tfr rntaJF'.,axp OL GOVERNING LAW.Thu I''wreso e ryrceasly are aevwrebly agree(a)it.Contract neidd g ar'ly!del Iwo b 11 moil be
in,aansang the oerearafffe laqulrad ass wee pr cv lcr'anyrua iral and any ar super fiurbsllurequaal.Tr,Use err aun,6nit F.nliae..r,myarry uam,ou,e goverfoor try the lawn IT 6ouin Carufr rat,wttrand regard to any uonflieda of law pnrxdplea old(b)If any Sooarral rind Gesina.i is prohibited by any
.avnior EtltldP¢ uurarrce wll ad l u,dead er I olloo m,I be e'as renal rare hereon don,I uI mdlave Gamot rue 0 its bass—OdT. law rush„odds del]be nLbeerve to Its oafail ed auah prorNbdlan Wool Invsidellad rho le xafi rig 5amor's
'dersoia'ntan of char earr+y,aa a p aydad ld,a h a,too lu rid,Carlo"ar nay be radio by lee or udhoewrod "0 FORCE MAJEURE SIs'INefl atoll nrrI a,,liable un-,Is 3Nne la It.Curd for a be,doonsed to havededuifead irso a
i0) HER FAIL PROI'ECTMIN PLAN C u r as,rap lard" t ,p'e�Wry,, U d ti 1 th1 G t ant.nonfiref be a hod dmr C I limit Po ary fa hu o.lovely Ituf arty al,featuring ary tart I d a s Gurstrad wool and to na Ic la Ioue a delay Is
by too kid,it offered on the E uiri tool,and Sat bah oftul host tar ar eat sonedt caaaads lours Global.,tar tons Eqe la nsr t Inca.dmna,gr e or o¢ua+ad by fr re i.I Iran odd beyund 9wboll ifscowling,wdhent lvn[datiu.'I.U'Id iWlrwing toms fr aye t o event.,('Fero spabbarld F'III
")
denfrll,dlan to the legal auras r,too or Fraarf lr,luprranl per dayni oondiolee(a)10` ,A pro 0N&fu Lard Equlpmori IT,to a mail vnwn cif (a).,a,.1 G'cd,(b Trevor Too matiorshoo,as vile'—pa'as'nwe of rookaymo.(u)—invaseoll'.twatitiea(whaniror whoa demand or nut),tannest
$;,Uo pal plural at EglrfphrnYl(b)1051 of the spar so argon fdY da'dtroarter or eurodelr.l damrags to it quipui Mrlt.1p to a ail n unl of fbak peg platse of d nurf3 w Isla rat of offo oyJ d!nest Np qu-nostait elder,Jaw,re9 I<taon.x,douldra la of days,(a)lareal ur reserved m does,on or
Lgluparonl(o)dal Ill ax;am,at$50per hod for tire tooara.door(d)'offgng far the rental drargarwtod,would ether,,e asyno Ill be period are,the date nI far,(kxnor,T)nishorial or lrt(id,na ormgenry,(9)dtmkea ferias Wassdyvy or aeednwrs.or riser industrial doluderso re ni
wr sn drousTradia der red Lq{ s'farm if r nd-loarainet by !Lard a(,set quityrontioudingepressr provided fwwsver ilia kaegoing orrorta{{vof neaqueie paws,of thorropmersoi toomas and(I)other avers beyund too urmtrd of Surbalt
HFr6'Itadrddy salsa tin illy epyloa.,T tI.CrsrdlGons(tle(tret bdNuw)and sal slue and m Exufawru(dsTrrod b.Pow)Uoss nut Arply.TtwFYFr o Ne3T 2fr) MISCELLANEOUS. lao Candsct,rcxgnth+rn wnh any Cw^trn)rdr ail¢used t'Ulr nose al sleet appf s„mta nary-,xr.,Water and
INSiURANCEaYdiares NOT plot MGrato'Ira'fro Iadlily to sadradC'olhrov at eing out of prowurion rental a sour of rho l qupraal1P.IPadudry anfle rdisman('lnf or near Pastes aged oil EquS.' al;shel may not be lrladilled ex al by woman ph'twr imossFgned by It,.VaPt Us Ary,fourlard
re lay a dal aJ' to prows lie pimseaty THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER'S LIABILITY.AII of Its; or Gualansid pu stress agar or off,.Guatanorddaxrant taoilor to r"Iflatahad sonny Tbi'ansiblor shales ward TFarsU Wddmsadit belly
Eafalarro"(aaiSaaa null be ashafted is If Rely and tussarater,"my lidolityreduldun to al()calear"m wards III Iona an adverse of Ile Fartsl arrd them havorable railrad urcro,aw a and assial androdwng r tot.;Collard,shoulw troped arnaaallr,sly short panes any
roar fanrel,hI)G t ha'pays 15%d the(gr sae re rial cool as pro lure sm do rrPfs(glue appoloo to fares,(tug Gallaher fully subuillons writ file Iryal o['squirtabfn light br urefn a remedy of any torso wraa.,xtevif adde a by nasal of the Gotaad Cull re'a WlgaAara hereunder shall
Iaf,le of lfrle Cut ot.(rvl Grraslrier adroaonta aurarr at litd flno-If We Es,.their hatur,or daad'uabon of it.Equiprsnt,and(,)rase of Via survive teal tam rearm of Los Goollusx.fautironlaurvere Ilfegal,olunsfanaabde auu' waiddy,leagal ty.fu orrfexosat sly shallnai aflead any
Exdnalan'.apply C ramner aro rwa the L asouaion raks,,weer ny Visit are Excl sys sa.urn tf r y0su lose NO edugd the a rsalRy of Used naa ad.,la"r v toddle w rsl der ,efriurraa&to rust I+xm liars Cnntrda and oll It Co..Pfon ears a"gl'ta n and ho the i Tors rr l e sill note to it
xr
to So,bell I.Old Irrua,pate darnaga a d6ai uedo true i oly flat.atG'Y ExUaiial'Exel-wer'shall sorer,,Tress,it It den ago or dear urcrao or the r gilts.fair,aro yl rl,ill per.rrrr a ordad rig anuiddi lerrctei won hale sphra r tars Equipollent ale xa g,era fur do ova nensa o-nly in fire
Eglapriwrn(A)due to arsantrw)al nr,sae.(b)wised by Lnet Equil ant nil n'upated by O ad.ua to tea pished vuli 48 to rat>I dryourny,and aloof trier any runs irr Ih he Car ren rue,has fart ee ag me Ual Ito nee abhors terms orsol wn A lxlry of Use Cuoino,f dealt We valid as To
drols"Jured by a w litsool peace alwvt(promptly dreamed to fall(C)due to Ilouda,wales over Weill mind eland.,earthquakes or rem;of atglnal rally efald by b1flealt tr lostrall derso Win peldwuranon of wry 5aulion of this Ga lledf mail not be enrol.ed as a alloon of bat right to
God,and by debar.n..Lgadpfnent for wool Cast.,.Is Iwo d'sarged bee RPP fail THE E'XCLUSKINS REMAIN THE LIABILITY Of don a'id air ct prefur nano in the it ru par Gu,klf or and t.pass I alg urly III Garlil argas,libelant and vol that(')To 1 stun exarcutuly
CUSTOMER AND ARE NOT MODIFIED BY THE RPP.RPP IS REFLECTED ON'[HIS CONTRACT AS PART OF CUSTOMER'S ESTIMATED is 1g or the attainder(Ar Morey Ill the rood.wtuals „great.aid tfwy bolt,slave Idl sub duly,to sxaxx fear do—aid too hu n This Car red and
CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING,FAILS TO PAY THE RPP FEE OR MADE OTHER (b)girs(mraeart mission.,w legal,rant sold also Ur igetiou of Cu starer srdaoarele in eauraddray,with is Iadlrna 9Ifs Parties have a rally
CONTRACTUALARRANGEMEt4TSWOTHSUNDELI,Natwdhiburatrs anyll to tile.untrary Ill6his("Anad dearest Equpient alauer rsuovslvnJ. rmusaj aHroeoIvedrod,ridrudee(tU gdvuer rive rRawytdrxaa dccn'Idunoi.saoraioena(utrtll take peuodonn av uuho tee n,huemn
5'ourearl near owrlaaak eP rrf oils K=qulp ranrt fs9ardl au of s'yyayrnea l;made by C;Ual a GratePne „wanrxr swop ny w to rsapacr to sur,Al
Eguff"!e r of al whoa,pay rends aro rrar-loordably Gulvh'nru%r agreed to pummAly ebrn any Equip off plat is rsovared bullish aft,o be Ada aond trama are sonde o n,for fdoul drn be found 41 b,m,,a n
adtrrngsrad to Lu„tabor;'lights t ,o—Pgal aype.olr star'Iriymbaany to any II,e.daft,barrage or denlucerl In the Lrµadfail.(sealants s � - Roo Date ObueQU21
MEMORANDUM
TO: OMB /PURCHASING DEPARTMENT
CC: WILLIAM DESANTIS, CHRISSY COLLINS, KEVIN WILSON, DEREK
NAPPI, MARTINA LAKE, AND DARYL GREENLEE
FROM: PATRICIA EABLES, ASSISTANT MONROE COUNTY ATTORNEY
RE: EMERGENCY WAIVER OF COMPETITIVE PROCUREMENT
PROCEDURES FOR AUTHORITY TO RENT A GENERATOR FOR
TEMPORARY USE AT THE MONROE COUNTY SHERIFF'S OFFICE
HEADQUARTERS BUILDING IN KEY WEST, FLORIDA
DATE: JUNE 13, 2024
BACKGROUND
Monroe County owns property located at 5525 College Road, Key West, Florida 33040. The
building located on that property is known as the Sheriff's Administration Headquarters
("Headquarters") in the complex where the main Monroe County Detention Center is located.
There is a generator, which is permanently attached to the Headquarters property, so that the
Sheriff's Office is always able to function and perform its duties. It was discovered late on Friday,
June 7,2024,that there is an unknown leak in the diesel fuel line that is connected to the generator.
The permanent generator had to be disconnected to prevent any potential damage to the generator
and to reduce the flow of the diesel fuel. Unfortunately, once the generator was disconnected the
City of Key West experienced a power outage which then left the Headquarters without any power
and thus debilitating its ability to temporarily function.
There are two lines which cross under the parking lot and attach to the generator located on the
side of the Headquarters building. County staff initiated an investigation to readily determine
where the leak was located but was unable to do so since the leak is apparently underground in the
roadway. Having already experienced the one power outage, Facilities staff, in conjunction with
Daryl Greenlee, the Fleet Dept. Director, also immediately began the search for a temporary
generator to use in the interim period and contacted the County Legal Department for guidance.
The County Fleet Department maintains some mobile generators that are available for use in
emergencies or for other needs. There was no generator available though of the size that would
meet the needs of the Headquarters in this situation. Staff began a search and after contacting four
(4) companies found only one company that had a generator available, which met the need, and
could be delivered on Friday, June 71h. This would prevent the Sheriff's Office from being placed
in the position again of possibly no power to the Headquarters building should another power
1
outage occur over the weekend. Staff worked with Sunbelt Rentals to obtain its lowest quote for
a 500 KW Diesel Towable Generator and the required cables,but still realized that the quote would
exceed the Purchasing Policy levels if the generator is rented for more than one (1) week. It was
anticipated that the generator may be needed up to a month. Due to the emergency arising on a
Friday with fuel leaking, staff would be unable to proceed with publishing a Request for Services
to obtain other potential quotes.
Staff also took the additional step to locate a company that can excavate the road and surrounding
area where the diesel lines are located, determine the location of the diesel leak, obtain an
emergency Florida Department of Environmental Protection (FDEP) permit, and perform the
repairs and/or replacement of the two lines, to prevent any further leakage of the diesel fuel into
the surrounding grounds. The quote and Emergency Memo for that contractor will be submitted
separately. It is anticipated that ARPA funds may be utilized as the funding source and certain
deadlines must also be met expending those funds. Sheriff Ramsay and others in upper
management within the Sheriff's Office have expressed their concern that the Headquarters are
not placed in a position again of no power to its building.
DISCUSSION
Staff was able to obtain an initial quote from Sunbelt Rental in the total amount of$8,764.29 for
a one-week rental of the 50OKW Diesel Towable Generator with cables which they delivered on
Friday afternoon. A copy of the Sunbelt Rental Contract No. 155167392 is attached hereto as
Attachment A for reference only as it was for only one (1) week usage and was received on June
7, 2024. The diesel fuel leak is not only a dangerous situation but depending on how much fuel
leaks into the ground, the County may be assessed a fine by FDEP, so time is of the essence. It is
my opinion,therefore,that staff took the necessary action to not only secure a temporary generator
for emergency use, but to do what else they could in trying to locate the leak and find a contractor
to start excavation of the grounds to repair the lines and thus stop the diesel leak to prevent further
damage. We are in the beginning of hurricane season that brings the threat of increased rains and
inclement weather which escalates the need for this repair to be done on an emergency basis
without further delay that would result from the issuance of some type of competitive solicitation
packet. This creates a significant threat for the Sheriff's Office if the Headquarters is without
power, thus preventing its staff from performing its services for the community.
Sunbelt Rental has now submitted an updated quote which reflects the rental of the equipment for
a one-month period as staff has learned that will probably become necessary if approval is obtained
to move forward on this emergency basis. The updated Sunbelt quote total rental amount is
$16,355.70 if the County retains the generator for a full month as is anticipated. The updated quote
is also attached for your reference as Attachment B. County staff has utilized the services of
Sunbelt Rental in the past and they are thus familiar with and understand the County policies. With
the continual leak of the diesel fuel and the need for an emergency generator, it is my opinion that
this project meets the criteria of an "emergency" as defined in Section 2-347 (k) (1) of the Monroe
2
County Code and Chapter 7(B) of the County Purchasing Policy. Under the County Purchasing
Policy in Chapter 7(B)I, the purchase of such commodities and services may be obtained in the
event of a public emergency when the public emergency will not permit a delay resulting from the
competitive solicitation process.
CONCLUSION
It is my opinion that this unexpected situation rises to the level of an emergency, particularly so
since it involves the providing of services by the Sheriff's Office and affects its Headquarters'
building. The Headquarters has already had its communications disrupted once on June 71h during
the power outage and with the inclement weather in the Keys this week, we need to avoid any
further outages. Therefore, the foregoing circumstances, as explained to me, constitute an
emergency for purposes of Section 2-347,Monroe County Code and Chapter 7(B),Monroe County
Purchasing Policy. If staff is authorized to proceed with this project on an emergency basis, they
should proceed with the continued rental of the generator based on the updated proposal/quote
from Sunbelt Rentals for a one-month period since it has become necessary to retain the equipment
beyond one week. Staff should follow the Purchasing Policy and any other required County
procedures in proceeding with the project and submission of all documentation for payment. I am
available for discussion if you have any questions.
3
ATTACHMENT A
Sunbelt Rentals Quote for One-Week Rental
4
SUNBELT
RENTALS ° Date: 6/07/24
PUMP&POWER Time: 12:28
SERVICES
Email
SUNBELT RENTALS, INC.
Contract #.. 155167392
To: WILLIAM (WILLY) DESANTIS
Company: MONROE COUNTY BOARD OF COUNTY
Message:
From: VICTOR MADRAZO PC091
Location: SOUTH FLORIDA POWER & HVAC
Phone: 0
Fax #: 0
**WWW.SUNBELTRENTALS.COM** RNTOUTE(Rev 02/28/22)
Page 1 of 2
Rten+rTALs
PUMP&POWER PC#: 0091 SUNBELT RENTALS, INC.
SERVICES 3701 NW 120TH AVE Salesman: 009140 MADRAZO, VICTOR (091
CORAL SPRINGS, FL 33065 2 32Typed By: MSPORDER
954-577-9429
Job Site: RENTAL OUT
SHERRIES ADMIN HEADQUARTER III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II I III
5525 COLLEGE RD
KEY WEST, FL 33040 4307
Contract#.. 155167392
C#: 305-809-5200 J#: 786-847-3087 Contract dt. 6/07/24
Date out.... 6/07/24 3:30 PM
Customer: 188535 Est return.. 6/14/24 3:30 PM
MONROE COUNTY BOARD OF COUNTY Job Loc..... 5525 COLLEGE ROAD, KEY WEST
123 OVERSEAS HWY ROCKLAND KEY Job No...... SHERRIFS ADMIN HEADQ
PUBLIC WORKS DEPARTMENT P.O. #...... SHERRIFS ADMIN HEADQUARTER
KEY WEST, FL 33040 Ordered By.. GREENLEE, DARYL
NET 30
For operations in Florida:Prima facie evidence of intent to defraud:Failure to return rental property or equipment upon expiration of rental period and
failure to pay all amounts due(including costs for damage to the property or Equipment)are evidence of abandonment or refusal to redeliver the property,
punishable in accordance with Section 812.155,Florida Statutes.
QTY EQUIPMENT # Min Day Week 4 Week Amount
1.00 50OKW DIESEL GENERATOR TOWABLE 2538.00 2538.00 4692.00 10367.00 4692.00
10583384 Make: JCB Model: G625RST4F Ser #: 2484632
GENSET 50OKW-599KW,JCB,G625RST4F,DSL,BATC,TRL,PNTL,SURG,BLOC,DEIF
HR OUT: 991.200
#480/3 PHASE
#STANDBY UNIT
15.00 4/0 CAMLOCK CABLE 50' 20.00 2.00 45.00 95.00 675.00
5.00 4/0 MALE PIG TAIL 12.00 12.00 21.00 37.00 105.00
*** EQP MSG ***
8 Hrs/Day 40 Hrs/Wk = 1.0x Rate
9-16 Hrs/Day 41-80 Hrs/Wk = 1.5x Rate
17+ Hrs/Day 81+ Hrs/Wk = 2.Ox Rate
During a declared state of emergency and/or a pending or existing
natural disaster, all rentals of this generator type will be billed
at a one-week minimum rental period for 24-hours of usage per day.
The one-week minimum rental at 24-hour usage rates does not apply
to pre-existing generator rentals.
Rental Sub-total: 5472.00
SALES ITEMS:
Qty Item number Unit Price
1 DLPKSRCHG EA 380.000 380.00
03rtan ecpprrert do a recpres scheWed Re ff t R e Marterlance.arWt Fb l aiswill monitor theoperdion tirre and perfarrlRM service es recpred in accorctarmwith
nwdactuers spedfications.Q.1tonu shall be charged for each RM service performed doing rerta period
******************************************************************************** *********************************
IF THE EQUIPMENT
..ES NOT WORK MULTIPLE SHIFTS OR CUSTOMER -. .-
PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUE-ING,DAMAGES A���
1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,including injury and damage to persons,property and the Equipment.
3. Customer is responsible for and shall only permit properly trained,Authorized Individuals to use the Equipment.
4. If the Equipment does not operate properly,is not suitable for Customer's intended use,does not have operating and safety instructions or Customer has any questions regarding use of the Equipment,Customer shall not use the Equipment and
shall contact Sunbelt immediately.
5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer(i)assumes all risk associated thereunder,and(ii)indemnifies Sunbelt Entities for all claims or
damages as a result of misuse or use of damaged or malfunctioning Equipment.
S. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),including Release and Indemnification in Section R and Environmental
Fee in Section 16,which can also be found at www.sunbeltrantals.coWrentalcontract.*Dolivery(Pickup Surcharge fee explanation is available at www.sunbeltrantals.com/surtharge.
7. Customer must contact Sunbelt to request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actually retrieved by Sunbelt.
S. Customer waives its right to a jury trial in any dispute as set forth in Section 19.
g. At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.
on inued on the next page...
**www.sunbeltrentals.com** RNTOUTE(Rev 02/28/22)
Page 2 of 2
Rten+rTALs
PUMP&POWER PC#: 0091 SUNBELT RENTALS, INC.
SERVICES 3701 NW 120TH AVE Salesman: 009140 MADRAZO, VICTOR (091
CORAL SPRINGS, FL 33065 2 32Typed By: MSPORDER
954-577-9429
Job Site: RENTAL OUT
SHERRIES ADMIN HEADQUARTER III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II I III
5525 COLLEGE RD
KEY WEST, FL 33040 4307
Contract#.. 155167392
C#: 305-809-5200 J#: 786-847-3087 Contract dt. 6/07/24
Date out.... 6/07/24 3:30 PM
Customer: 188535 Est return.. 6/14/24 3:30 PM
MONROE COUNTY BOARD OF COUNTY Job Loc..... 5525 COLLEGE ROAD, KEY WEST
123 OVERSEAS HWY ROCKLAND KEY Job No...... SHERRIFS ADMIN HEADQ
PUBLIC WORKS DEPARTMENT P.O. #...... SHERRIFS ADMIN HEADQUARTER
KEY WEST, FL 33040 Ordered By.. GREENLEE, DARYL
NET 30
For operations in Florida:Prima facie evidence of intent to defraud:Failure to return rental property or equipment upon expiration of rental period and
failure to pay all amounts due(including costs for damage to the property or Equipment)are evidence of abandonment or refusal to redeliver the property,
punishable in accordance with Section 812.155,Florida Statutes.
QTY EQUIPMENT # Min Day Week 4 Week Amount
SALES ITEMS:
Qty Item number Unit Price
TRANSPORTATION SURCHARGE
1 ENVIRONMENTAL EA 91.490 91.49
2133XXX000 ENVIRON/HAZMAT/DISPOSAL FEE
RENTAL PROTECTION PLAN 820.80
DELIVERY CHARGE 1000.00
PICKUP CHARGE 1000.00
OSC DARYL (786) 847-3087
Sub-total: 8764.29
Total: 8764.29
Currently, Pay on Return per gallon prices are:
GAS: $9.500, DIESEL: $10.500, KEROSENE: $6.100, PROPANE: $6.500
However, Customer agrees to pay Sunbelt's Pay on Return per gallon price in
place at time of return of the Equipment.
All amounts are in USD
03rtan ecpprrert do a recpres scheWed Re ff t R e Marterlance.arWt Fb l aiswill monitor theoperation tirre and perfarrlRM service es recpred in accorctarmwith
nwdactuers spedfications.Q.1tonu shall be charged for each RM service performed doing rerta period
******************************************************************************** *********************************
IF THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR
PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUE-ING,DAMAGES A���
1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,including injury and damage to persons,property and the Equipment.
3. Customer is responsible for and shall only permit properly trained,Authorized Individuals to use the Equipment.
4. If the Equipment does not operate properly,is not suitable for Customer's intended use,does not have operating and safety instructions or Customer has any questions regarding use of the Equipment,Customer shall not use the Equipment and
shall contact Sunbelt immediately.
5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer(i)assumes all risk associated thereunder,and(ii)indemnifies Sunbelt Entities for all claims or
damages as a result of misuse or use of damaged or malfunctioning Equipment.
S. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),including Release and Indemnification in Section R and Environmental
Fee in Section 16,which can also be found at www.sunbeltrantals.coWrentalcontract.*Dolivery(Pickup Surcharge fee explanation is available at www.sunbeltrantals.com/surtharge.
7. Customer must contact Sunbelt to request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actually retrieved by Sunbelt.
S. Customer waives its right to a jury trial in any dispute as set forth in Section 19.
g. At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.
Customer is declining Rental Protection Plan(see reverse side for details) (Customer Initials)
Customer
——Signatu—re— ---------——————Date-- —------------———— —Delivered—8y—————————D—ate—---
Name Printed
**www.sunbeltrentals.com** RNTOUTE(Rev 02/28/22)
SUNBELT RENTALS TERMS AND CONDITIONS
1)DEFINITIONS."Authorized Individuals"ane these individuals that Customer directly or indirectly bit,-to use the Equipment who must be property shall cooperate with,seek,Sunbelt all claims and proceeds arena from such less theft damage or destruct)..,execute and deliver to Sunbelt
trained to use the Equipment at last 18 years old orb.legal age ofmaj,rity Uth.state which...-s great ra,d an. ,t,,d.rth.NUI.....of any whatever documents ane required and take all other necessary ary steps to secure I,Sunbelt such rights at Customers opens.
drugs,:,,H, substances or otherwise impaired Customer is identified earlier and includes anyofyour employees
yWs 11)RENTAL RATES.The total changes specified I,this Contract an.(a)estimated based so,Customers.pR,s.Udt,,t:fN.txesti abed Rental
any this Contract on your behalf. 2�,, ,the change described I,Section 17 Eq,u`p',G officers,l the Zqupmom Period identified herein(rental rates beyond the estimated Rental Period may change)and th.ri,f,rUati..conveyed by C Sunbelt and(b)
representatives agents,
e
a,d/- identified on the other page,Provided together with all
replacements,repairs additi—s attachments and all—n—and all future forth.Equipments us.for Or.Shift ,less gth.miis.noted Weekly and 4 week rental rates shall net be prorated Rental changes during
Equipment,,td any fine xi theft accident casualty,—vandalism,injury,death or damage to person or property claimed by Saturdays Sundays and holidays Th.rental rates do net 1,0 do and Customer 1,r.sp...his for(I)all...s.ma b I I,f...1Wf,.,.,�, pr....t and
a Person or entity
.an,I .Ia',the .rm I Ton a additional
a
Ty t ind, .....d.connection,ith the Equipment Lost Us Equipment is either stolen its location is future taxes and any other a, ma changes asked on Customers ,and/or so of the Equipment I di ddi I for more than
,,k,,w,or Customer is ,able to-.....r It for a period
IfGday, FMV is the Equipments for mark.t value N,or short the date of the Incident Or.Shift so III)delivery and pickup changes to and from the Store including but net limited to any freight tromp,rist— delivery pickup and
elating to the Equipment,Plus any administrative fees and expenses Or.Sh I means net more than 8 hours per day 40 h=tP�dh1h'U_1�d 1�lsft smIhd�9,sx.,.SsIsRd 11 this Contract(111)mailk.1aToo repairs and md—mome to the Equipment as provided herein Irv)a clearing fee if required A)
me ..y 4_w_I,Period provided that double shift will b and tr Ole shift will be 200%of the rental change N,Equip to U harass such as fees for lost keys RPP costs to-...v.r Equipmentemergency mabiliedi or store opening A)�,.Used during the
no every a, I /�So' 'll Period Ali free for so of dyed diesel fuel I,.,road Equipment and Pi a,Environmental
ordinary�.d—means normal deterioration—sid.l-1.5do�`W dial.I,the equipment rents for Or, I.S,'ta d for refusing Equipment as described below I
Shift Is. Part means Sunbelt or Customer and together both an.the Takes P I k Up or is the number Customer stairs from Sunbelt Services Change(so.www emb.1b.mals and(I.)Tromp,ftst—Surcharge(so.
.vid...Ng the Customers
s W11 to P k Up Equipment Round Pored ,Um....s who,the Equipment is delivered to Customer or the Sit.Address ...v....I hare.for off road di.s.1 fuel does net include governmental motor fuel taxes or changes Sm,b.I=S'z='Sk`=Use'
and ..I, ..s"'I the Equipment is returned to the Store or picked UP by Sunbelt during bus
iness se hours prov
ided Customer has th—is. them at its discrete,,Up led with this Contract RPP is the rental protection
plan
described
,Section
oot"10"site
Address is the location that Customer represents the 12)PAYMENT.Customer shall pay forme rental of Equipment sat.of Equipment materials and all other and se
rvices identified I,this Contract
Equipment will be located during the Rental Period identified Wdi.r. Store is the Sunbelt location identified Wdi.r. Sunset is Sunbelt and its and all other am punts N.wthNm any offsets I,full I,adva..e at the time of rental ,less Sunbelt approves Customers.....Rd commercial credit
affiliated companies their respective officers,d�rwxrs employees and agents To mats Data is data collected within the Equipment or via software application Commercial customers who an.approved for Sunbelts extended
payment terms must pay I,an-Wre so,receipt of SmN.Its Invoice,
relating to the Equipment its p.rf,rUa.. I..due,or operators Transportation Surcharge"
,h e ,
is a change intended defray a wid.rare.of th.rby,ash h.,k,rACH fa,ydisp,t.d amounts,N,I,dNgRdtWrd,hdlR.s with,15 daysaft.rth.
tr omp,risti I,..p.,s.s(both direct and indirect)which an.net always folly-.lly ..v.r.d by other transportation changes r...No of the invoice/...tract or Customer shall be deemed to have irrevocably waived its right to dispute such amounts.At
2)TERMS.Customer's execution of this Contract or taking possession of the Equipment(whichever occurs first)shall be Sunbelts discrete,any account kith a delinquent bala..e may be placed on a cash basis deposits may be required and the Equipment may be
deemed acceptance of the terms herein for this and all past and future contracts between Sunbelt and Customer upon picked Up,th,H notice.Dre to the difficulty I,fixing actual damages caused by late payment Customer agrees that a service charge equal to the
r'Custome s receipt of Sunbelt's Equipment under those contracts.Customer rents the Equipment from Sunbelt pursuant lesser If 1 5%per month or thm,.xdm,m at,permitted by I—shall be assessed on all delinquent a.....Is Until paid I,full Customer shall
to this Contract,which is a true lease.The Equipment(a)is and shall remain the personal property of Sunbelt and(b) reimburse Sunbelt f costs,,"IT ,"hooding any late payments including ,th,H limitation attorneys'fees Payment of any late change does
shall not be affixed to any other property.Customer shall not pledge or encumber the Equipment in any manner. It I me,If 11,default Under this Contract Customer shall pay a fee of$75 for each book returned for lack of sufficient funds to
ITT P=C1stI.t for Is_
3)PERMITTED USE.Customer gross and warrants that(a)Sunbelt has To control over the manner I,which the Equipment is operated during the I'm Snub overhead for processing missed payment.Deposits will only be returned after all amounts an.paid I,full CUSTOMER
Rental Period by Customer or any
third party that Customer implicitly or"Ii'tl'Permits(b)prior to each so and its room,to Sunbelt Customer shall AGREES THAT IF A CREDIT OR DEBIT CARD Is PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT,CUSTOMER
inspect the Equip confirm that the Ed, mom is I,good condition,without defects readable decals ane on the Equipment and the Equipment is AUTHORIZES SUNBELT TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES
suitable for C,st=tst',t.,d.d'so(0 Customer has access to and reviews the operating and safety instructions and will operate the Equipment, SUBSEQUENTLY INCURRED BY CUSTOMER,INCLUDING BUT NOT LIMITED TO,LOSS OF OR DAMAGE TO THE
accordance,ith the manufacturers instructions and with applicable safety equipment(d)any apparent agent at the Site Address is authorized to EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD.Effective June 1,2021 and where permitted by law,Sunbelt
c..
at delivery
of the Equipment(and f Customer
requests,Customer authorizes Sunbelt to leave the Equipment at the Site Address without may impose a surcharge of2%(minimum$3)for credit card payments on charge accounts.This surcharge is not greater
requirement of written....t) (e)Customer shall
Immediately stop Use and notify Sunbelt f the Equipment is damaged ,,safe disabled than Sunbelt's merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions.
malfunctioning,Lonna warning lights come on levied so,threatened with se—re Lost or if any dent occurs;(f)Customer has received from Sunbelt a� 13)RETURN OF EQUIPMENT.Sunbelt may terminate this Contract at any time,to,an,reason The shall be returned to Sunbelt(when
s no�rr,
'formation needed or requested regarding the operation ofthe Equipment(g)rlknnbglli�,,stokk I sponsbleforprovding operator or other training unless
nee dedforinspe,tions mainkenanWand atthe end ofthe Rental Period)in the same
a m condition
end t on t wa received,less Ordinary Wear and Tear and free
Customer specifically requests in writing and Sunbelt agrees toprovide
s,on a beingresponsible to obta n all that Gusto ofnatay hazardous materials and contaminants Customer will return the Equipment at the end of the Rental Period but will continue to be responsible for
accommo s Customs
re
Us er ld,desires prior to the Equipments Use)(h)Sunbelt is not responsible for C tomer s obligation to provide reasonable da I to any(disabled) and other charges after the Rental Period if the Equipment is not returned in the condition required herein If Sunbelt delivered the Equipment to
Authorized Individ,al(s)(I)only Authorized Individuals shall Use and operate the Equipment however Customer is responsible forme Ed,pment and Customer Customer shall notify Sunbelt that the Equipment is ready to be picked Up at the Site Address and obtain a Pick Up Number
whi
ch�ch Pick Up
its Use during the Rental Period regardless of the ser d)the Equipment shall be Used and maintained in a careful manner within the Equipments Number Customer should keep as proof of the call provided Customer remains liable for a ny loss theft damage to or destruction of the Ed,pment Until
capacity n compliance with all applicable laws regla ions as well as all operating and safety instructions provided on in or with the Equipment Sunbelt confirms that the Equipment is returned in the condition required herein Customer will not be charged the rental charges after the date the
and a cable I federal state and local laws permits a n dticenses including but not limited to OSHA and ADA as revised(k)the Equipment shall be Pick-Up Number Is given provided Customer has otherwise compiled l with this s Contract.CNot=ps occur on Sundays or statutory holidays and
kept in a secure location and(I Customer shall provide Sunbelt with accurate and complete information which Sunbelt relies Pon to provide
de the Saturday pickups are dependent on specific Store hours.fC tomer I Ned Equipment Us shall return
appropriate Equipment to Customer.
Equipment to the same Store during that Store's normal business hours.If the Equipment is not returned by the estimated end of the
4)PROHIBITED USEtamper
Customer
ustomer shall not(a)alter or cover up any decals or insignia on the Equipment remove any operating or safety equipment or Rental Period specified earlier,Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period.
Instructions or alter or ta mper with the Equipment(b)assi an its rights un der thi s Contract(c)move the Equipment from the Site 14) PURCHASES.
U R C HASES.If this Contract identifies any Equipment,materials or other items that is to be purchased
Address without Sunbelts written consent(d)use the Equipment in a negligent,illegal unauthorized
or ask sIve manner or(e)publicize
use I the by Customer,Sunbelt sells and delivers such items to Customer on an"AS IS,WHERE IS"basis,with all faults and
Equipment
tuhpment any manner(including without limitation,print audiovisual or I lectronic)or(f)allow the use of the Equipment
by anyone other ban without any warranties
(other than manufacturer warranties,if any)in consideration for Customer's payment to Sunbelt of
An 0 need Individuals(Customer acknowledging bathe Equipment may be dangerous if used improperly or by untrained partes) the full purchase price of the item,Sunbelt retains title to the item until Customer has paid in full.
5)MAINTENANCE.Customer shall perform routine maintenance on the Equipment including routine inspections and maintenance of fuel and oil 15) DEFAULT,Customer mer shall be in default if Sunbelt deems itself insecure or if Customer(a) ls to pay sums when due (b)
leve s grease cooling and fluid systems batteries tires/tracks cutting edges and cleaning in accordance with the manufacturers specifications as breaches any Sect on of this
Contract(c)becomes a debtor n a bankruptcy proceeding goes into receivership takes protection from Is creditors
applicable All other maintenance or need rs may only be performed by Sunbelt or its agents but Sunbelt has no responsibility during the Rental P I red under any ins si:tion ceases to carry on business or
has Is assets seized by any creditor(d)fails to insure the Equipment as required use a service
cal f O=y ee"I q
to inspect or perform any maintenance or repairs unless Customer red ts I Sunbelt determines that repairs to the Equipment are or othemise, th E pment at risk(e)fails to return Eau am I TH immediately upon Sunbelts demand or(f)is in default under any other contract
needed oth er than Ordinary Wear and Tear Customer shall pa, full repair charges additional fees if any and rental of the Equipment until the with Sunbelt If a Customer default occurs Sunbelt shall have n addition to all rights and remedies at law or in equity the right to repossess the
ged n excess
need rs are completed If Equipment is stolen or dama of 4 of,�of the Equipments FMV Customer will be responsible for the FMV of the Equipment without judicial process or prior notice.
Customer shoo pa' nbelts costs including reasonable costs of collection court costs
Earn Pment non dingsalestax as applicable.Sunbelt has the rent t Eau I P ment wherever located Customer has the authority to and ai and legal fees incurred in exercising an,of Is rights or edi�herein.Sunbelt shall not be liable due to seizure of Equipment by order of
the 's calbooinspw ththe ent for the s
hereby grants Sunbelt and its agents the right to enter ph cation of Equipment purpose set forth herein Sunbelt shall be governmental authority.CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT ENTITIES FOR SUCH REPOSSESSION.
responsible for repairs needed because of Ordinary Wear and Tear.Customer agrees that repair or replacement of the Equipment is 16) CRIMINAL WARNING.The use of false identification to obtain Equipment or the failure to return Equipment by the end of the
Customer's
us omer's e t exclusive remedy for Sunbelt's breach of this Section.Notwithstanding Sunbelt's service commitment,if Rental Period may be considered theft subject to criminal prosecution and civil liability where permitted pursuant to applicable laws.
Customer
breaches this Contract,Sunbelt shall have no obligation to stop the Rental Period,commence repairs or rent 17) ENVIRONMENTAL SERVICES CHARGE.To promote a clean and sustainable environment Sunbelt takes various measures to
other equipment to Customer until Customer or its agent agrees to pay for such charges. comply
with applicable environmental regulations as well as with Sunbelts own policiesenvironmental Sunbelt also incurs a,de range of lted
6) CUSTOMER LIABILITY.DURING THE RENTAL PERIOD,CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE expenses(both direct and indirect)These expenses may include services such as waste disposal construction and mal Henance of cleanng facilities,
POSSESSION,CONTROL OR USE OF THE EQUIPMENT,INCLUDING BUT NOT LIMITED TO,PERSONAL INJURY,DEATH,RENTAL acquisition of more fuel-efficient equipment,as well as,labor costs,administration costs,etc.To help offset these and other costs,CHARGES,THEFT,LOSSES,DAMAGES AND DESTRUCTION,INCLUDING CUSTOMER TRANSPORTATION,LOADING AND UNLOADING, Sunbelt assesses an Environmental Services Charge, plus applicable taxes thereon in connection with certain rentals.The
WHETHER OR NOT THE CUSTOMER IS AT FAULT.After an Incident Customer shall(a)immediately notify Sunbelt the police if necessary,and Environmental Services Charge is not a tax or governmentally mandated charge and is not designated for any particular use or placed
Customers insurance carriers;Ub)Invcure and Equipment thealsurorocuend not pre m espaniethree condition existing at the time of such in sin sEcrow,Equipment
but is a charge that Sunbelt collects as revenue and uses at its discretion.
noinSunbe t or Is ad I c) submit
I Is P or his
Incident ants immediately arm of her rd ports to Sunbelt and(d)as applicable 18 FU For TH that uses fuel Customer has three options(a)Prepay Fuel Option-Customer may purchase a full tank of fuel for the
pay Sunbelt in addition to other sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus either(I)the Equipment at the start of the rental in which case a convenience charge will appear on this Contract(calculated by multiplying the estimated fuel
FMV or(�)tflhefll charges of recovery and repairs of damaged Equipment Accrued rental charges shall not be applied against these amounts Sunbelt capacity of Equipment by the Prepay per gallon rate)As an added benefit Customer may return the Eau pmentoul of fuel
an)d the conetnurenncech,e shall have
av he Immediateright but not obligation to reclaim any Equipment involved in any Incident will be refunded(however,if not returned full Customer will not obtain an,credit for fuel left n the Earn pment
upon
return),(b Pa,on Option-If
7 NO IRRANTIES.SUNBELT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,EXPRESS OR IMPLIED,WITH Customer returns Equipment with less fuel than when received Customer
shall
Pa,a refueling
charge(calculated by son multiplying gallons required to refill
mu RESPECTTO THE EQUIPMENT,ITS DURABILITY,CONDITION,MERCHANTABILITY,NON-INFRINGEMENT,OR FITNESS FORANY tank with fuel to level when received by the Pay on Return per gallon rate)and(c Return FullOption—if Customer returns the Equip ent,,ith at least
PARTICULAR PURPOSE.CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN"AS IS,WHERE IS"BASIS,WITH"ALL as much fuel as when it was received(most Sunbelt Equipment comes with a fulltank 0 fuel,but not all)no fuel charge will be assessed The cost of
FAULTS'AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT ENTITIES.CUSTOMER ASSUMES ALL RISKS ASSOCIATED Customer refueling Equipment itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option however these options each allow
WITH THE EQUIPMENT AND RELEASES SUNBELT ENTITIES FROM ALL LIABILITIES AND DAMAGES(INCLUDING LOST PROFITS, for the convenience of not refueling Customer agrees that none of these options are a retail sale of fuel
PERSONAL INJURY,AND SPECIAL,INCIDENTAL AND CONSEQUENTIAL DAMAGES,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH is) LIMITATION OF SUNBELT'S LIABILITY.IN CONSIDERATION OF THE RENTAL OF EQUIPMENT,CUSTOMER AGREES
DAMAGES)IN ANY WAY CONNECTED WITH THE EQUIPMENT,ITS INSTALLATION,OPERATION OR USE OR ANY DEFECTOR FAILURE THAT SUNBELT'S LIABILITY UNDER THIS CONTRACT,
INCLUDING ANY LIABILITY ARISING FROM SUNBELT'S,SUNBELT ENTITIES,OR
THEREOF,A BREACH OF SUNBELT'S OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM ANY THIRD PARTY'S COMPARATIVE,CONCURRENT,CONTRIBUTORY,PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A
CUSTOMER OR THIRD PARTIES,UPON WHICH SUNBELT RELIES;PROVIDED HOWEVER,IF CUSTOMER IS A CONSUMER UNDER RESULT OF ANY STRICT OR ABSOLUTE LIABILITY,SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER
APPLICABLE LAW,THEN NO CONSEQUENTIAL DAMAGES LIMITIATION OF INJURIES TO PERSONS SHALL APPLY. THIS CONTRACT 8) RELEASE AND INDEMNIFICATION.TO THE FULLEST EXTENT PERMITTED BY LAW,CUSTOMER INDEMNIFIES, 20) JURY TRIAL WAIVER.IN ANY DISPUTE ARISING OUT OF,IN CONNECTION WITH,OR IN ANYWAY PERTAINING T
RELEASES,HOLDS SUNBELT ENTITIES HARMLESS AND AT SUNBELT'S REQUEST,DEFENDS SUNBELT ENTITIES(WITH COUNSEL THIS CONTRACT,CUSTOMER AND SUNBELT HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL
APPROVED BY SUNBELT),FROM AND AGAINST ALL LIABILITIES,CLAIMS,LOSSES,DAMAGES,AND EXPENSES(INCLUDING BYJURY,THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.Y,
ATTORNEYS AND/OR LEGAL FEES AND EXPENSES)HOWEVER ARISING OR INCURRED,RELATED TO ANY INCIDENT,DAMAGE TO 21) ARBITRATION AGREEMENT S,CLASS ACTION WAIVER.AT THE ELECTION OF CUSTOMER OR SUNBELT,ANY
PROPERTY'INJURY OR DEATH OF ANY PERSON,CONTAMINATION OR ALLEGED CONTAMINATION,OR VIOLATION OF LAW OR DISPUTE ARISING OUT OF,IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY
REGULATION CAUSED BY OR CONNECTED WITH THE(.)ACCESS,USE,POSSESSION OR CONTROL OF THE EQUIPMENT BY ARBITRATION BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR
CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS,USE,POSSESS OR CONTROL REPRESENTATIVE CAPACITY,ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL
THE EQUIPMENT DURING THE RENTAL PERIOD OR(b)BREACH OF THIS CONTRACT,WHETHER OR NOT CAUSED IN PART BY THE ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON
ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR THE AWARD RENDERED BY THE ARSITRATOR(S)MAY E ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.THERE SHALL
IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY.CUSTOMER ALSO AGREES TO WAIVE ITS BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS.
WORKERS,COMPENSATION IMMUNITY,TO THE EXTENT APPLICABLE.CUSTOMER'S INDEMNITY OBLIGATIONS SHALL SURVIVE THE 22)COMPLIANCE WITH EXPORT AND IMPORT LAWS.Removal of the Equipment from the United States(U S)is prohibited under this Contract If
EXPIRATION OR TERMINATION OF THIS CONTRACT.All of Customers indemnification obligations under this paragraph shall be joint and several Customer desires or causes
Is the transport and/or operation of the Equipment outside of the U.S Customer must(a)obtain
0) INSURANCE.During the Rental Period,Customer shall maintain,at its own expense,the following minimum insurance corage:Sunbelt s consent prior to taking such action including approval of established customs broker,and(b)execute an amendment to
-
his Contract which
(a)for Customers using Equipment for non personal use general liability insurance of not less than$1 000 000 per occurrence including coverage for amendmen rated here f Customer exports or re-exports without complying with the above sentence Customer agrees that(I)the
On for Gusto Equipment
Lss incorporated
Customers contractual liabilities herein such as the release and indemnification clause contained in Section 8(b) Customers using Equipment for subject to and must
comply
wth all applicable export laws including but not limited to the Export Administration Regulations and III)
on persona I property insurance against loss by all risks to the Equipment in an amount at least equal to the FMV ereof unless
I Customer as the exporteemporter o�record is responsible for(A)determining(whetharnand obtaining if necessary,export or re-export licenses or
at the t me ofuren
tal
and paid for air or to an,Incident(c)workers compensation insurance as required by law and(d)automobile ab`1`t`y I offisr authorizations as required prior 0 exporting or re-exporting the Equipment Fiobtaining
at ing any required documentation necessary for return of the
(including comprehe Us ve and call s on covers as and U n nsure d/under nsured motorist coverage)in the same amounts set forth n subsections(a)and Equipment and(C)ensuring no unauthorized transfers or diversions of the Equipment occur Refer to...bis doc oov for information
(b)if the Equipment is to be used on an,road"'Such policies
shall
be primary,non-contributory on an occurre nce basis,
contain
a waiver
of 23) COLLECTION OF DATA.Customer consents to the collection,use and disclosure of the data and information
subrogation,name Sunbelt and its agents as an additional insured(Including
using an additional Insu
red'nndcesthmext)clandsobsosopmadyaI and provide for Customer voluntarily provides to Sunbelt,including personal identifiable information and financial information,as well as the Telematics
SunbeItto receive at least 30 days priorwritten notice of any cancellation or material change.
An,nsura at I or overturns Data collected from the Equipment,as described in our Privacy Policy found at w—.sunbeltrentals.com/privacypolicy.
on' I coverages
G sly
s a breach Customer shall provide Sunbelt with certificates of insurance to insuranceceftificatesasunbeltrental=evidencimbeh rage 24 GOVERNING LAW.The Parties expressly and irrevocably agree:(a)this Contract,including any related tort claims,
required above
prior
to an, ma and an,time upon Sunbelts request.To the extent Sunbelt Fruit Is carry any insurance,Sunbelt Entities'Is insurance shall be governed by the laws of South Carolina,without regard to any conflicts of I—principles and(b)if any Section of this Contract
excess re
,,I be considered
nsurance The
nsurancerequared herein
does not relieve Customer of its responsibilities Indemnification,or other is prohibited by any law,such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections.
obligations provided herein or for which Customer may be
his b,law or otherwise. 25) FORCE MAJEURE Sunbelt shall not be liable or responsible to the Customer,nor be deemed to have defaulted under or
10)RENTAL PROTECTION PLAN.Customers repair or replacement responsibility InSections 5 and 6 of this Contract is modified by the RPP if breached this Contract for any failure or delay in fulfilling or performing any term of his It when and to the extent such failure or delay is caused
offered on the Equipment,and Sunbelt shall limit the amount Sunbelt collects u stomer for the Equipment loss damage or destruction to the by or results from acts beyond Sunbelts control including without limitation the following
a no m a,I events(TrMahsrdeclared
eEv'nt(I
following amounts for each piece
of Equipment per each occurrence(a)10%of the FMV for Lost Equipment up to a maximum of$500 per piece of (a)acts of God(b)
flood fire earthquake epidemics pandemics or explosion(c)war,�ovaeion hostilities(whether I laredsor not)terrorist
Equipment(b)
10%of the repair charges for incidental
or acc dental damage to Equipment up to a maximum of$500 per piece of Equipment(c) the
or acts riot or other civil unrest(d)government order,law,regulations shutdowns or actions(e)embargoes orblockades in effect on or after
charges in excess of$50 per tire for tire repairs and(d)nothing
for he rental
barges which would otherwise accrue during period when damaged I ate of this Contract(f)national or regional emergency,(g)strikes lab or stoppages or slowdowns or other industrial disturbances H)shortage of
or destroyed Equipment s being repaired or replaced by Sunbelt or Lost
E q nip mentIs being
dreplaced,provided howeverthe foregoing RPP liability adequate power ortransportation facilities and(i)othernevents beyond the control of Sunbelt
reduction only applies if the Conditions(defined below)are satisfied
and an Exclusion(define below)seoes not apply.The PPP is NOT INSURANCE 26)MISCELLANEOUS.This Contract together with any
Customer executed commercial credit application if any,constitutes the entire agreement of
and does NOT protect Customer from liability to Sunbelt or others ar s ng out of possession control oru 0 the Equipment including injury or damag I the Parties regarding the Equipment and may not be modified except by written amendment signed by the Parties Any reference in Customer's
to persons
or property.THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER'S LIABILITY.All of the following"Condition."must be purchase order or other Customer document to other terms that shall control this transaction shall be void This Contract benefits solely the Parties and
satisfied for the RPP and the corresponding liability reduction to apply.(I)Customer accepts the RPP in advance of the rental III)Customer pays 15% their respective permitted successors and assigns and nothing n his Contra re Contract express or implied confers on any IN er person any lead or equitable
of thegross rental charges as the fee for the RPP(plus applicable taxes)(III)Customer fully complies with the terms of this Contract Irv)Customers right benefit or remedy of any nature whatsoever under der or b,reason of this
Contract Customers obligations hereu nder shall survive the termination of
account is current at the time of the loss theft damage or destruction of the Equipment.ability
(Aonone of the Exclusions apply.Customer assumes the this Contract If any term s tern.
l This
or unenforceable such invalidity ille ad lit'or uErieunforceability shall not affect any other term or invalidate or
Exclusion risks meaning that if any Exclusion occurs the RPP does NOT reduce the abil ty f Customer
to Sunbelt for the loss theft damage or render unenforcea his such T Contract and all of Customers rights in and to the pment are subordinate to at rants,title and interest of all
destruction resulting from such Exclusion"Exclusions"shall mean loss theft damage or destruction of the Equipment(A)create int monal misuse persons(including Sunbelts lenders)who have rights in the Equipment Headings are for convenient.bevalid
11 0 dnas To the extent that any terms in this
�B)caused
Equipment not reported by Customer the poliwrhaddiUm'hours discovery,and substantiated by written police report Contract conflict the Parties agree that the more specific torus control.A cop,of t I s Cc nora Itshall the original Any failure by Sunbelt to
pro m red to Sunbelt)(C)due to floods water ev hanges stor s eart ke or Acts of God and C)accessories or Equipment for rest upon st-I It performance of any Section of this Contract shall not be construed as a wa ver of the right to demand strict performance in the future.
which Customer is not charged the RPP fee THE EXCLUSIONS REMAIN THE LIABILITY OF Customer
n sto mer and the
person signing this Contract agree represent and warrant that(a)the person executing s 18 or the legal age of majority in the state CUSTOMER AND ARE NOT MODIFIED BY THE RPP.RPP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER'S ESTIMATED whichever s greater and they both have full authority to execute deliver and perform his
Contract and
CHARGES
HAR ES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING,FAILS TO PAY THE RPP FEE OR MADE OTHER (b)th s Contract constitutes a legal valid and binding obligation of Customer,enforceable n accordance with its terms If the Parties have a fully
CONTRACTUAL
DINT CTUAL ARRANGEMENTS WITH SUNBELT.Notwithstanding anything to the contrary in this Contract f Lost Equipment is later recovered executed active agreement govern intended to gove over conflicting terms and conditions th such agreement shall take precedence over e terms herein
Sunbelt retains ownership of the Equipment regardless of any payments made by Customer or Customers Insurance
company with respect to such
Equipment,al n-
of which payments are nonrefundable. return Customer agrees to promptly retu any Equipment that is recovered Sunset shall be Additional terms and conditions for Shoring can be found at hPos Hw—sunbeltremals com/aboukehorng-brideting-add tonal term—di ons/
subogaed to Customers rights to recover against any person or entity relating to any loss theft damage or destruction to the Equipment Customer Rev Date 06/16/2021
RNTOUTE(REV 02/28/22)
ATTACHMENT B
Sunbelt Rentals Quote for One-Month Rental
9
Page 1 of 2
RENTALS
PUMP&POWER PC#: 0091 SUNBELT RENTALS, INC.
SERVICES
3701 NW 120TH AVE Salesman: 009140 MADRAZO, VICTOR (091
CORAL SPRINGS, FL 33065 2532 Typed By: MSPORDER
954-577-9429
Job Site: RENTAL OUT
SHERRIFS ADMIN HEADQUARTER III IIIIIIIIIIIIIIIIIIIIIIIIIIII
5525 COLLEGE RD
KEY WEST, FL 33040 4307
Contract #.. 155167392
C#: 305-809-5200 J#: 786-847-3087 Contract dt. 6/07/24
Date out.... 6/07/24 3:30 PM
Customer: 188535 Est return.. 7/05/24 3:30 PM
MONROE COUNTY BOARD OF COUNTY Job Loc..... 5525 COLLEGE ROAD, KEY WEST
123 OVERSEAS HWY ROCKLAND KEY Job No...... SHERRIFS ADMIN HEADQ
PUBLIC WORKS DEPARTMENT P.O. #...... SHERRIFS ADMIN HEADQUARTER
KEY WEST, FL 33040 Ordered By.. GREENLEE, DARYL
NET 30
For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental property or equipment upon expiration of rental period
and failure to pay all amounts due (including costs for damage to the property or Equipment) are evidence of abandonment or refusal to redeliver
the property, punishable In accordance with Section 812.155, Florida Statutes.
QTY EQUIPMENT # Min Day Week 4 Week Amount
1.00 500KW DIESEL GENERATOR TOWABLE 2538.00 2538.00 4692 .00 10367.00 10367.00
10583384 Make: JCB Model: G625RST4F Ser #: 2484632
GENSET 500KW-599KW,JCB,G625RST4F,DSL,BATC,TRL,PNTL,SURG,BLOC,DEIF
HR OUT: 991.200
#480/3 PHASE
#STANDBY UNIT
15.00 4/0 CAMLOCK CABLE 50 ' 20.00 2 .00 45.00 95.00 1425.00
5.00 4/0 MALE PIG TAIL 12 .00 12 .00 21.00 37.00 185.00
*** EQP MSG ***
8 Hrs/Day 40 Hrs/Wk = 1.Ox Rate
9-16 Hrs/Day 41-80 Hrs/Wk = 1.5x Rate
17+ Hrs/Day 81+ Hrs/Wk = 2 .Ox Rate
During a declared state of emergency and/or a pending or existing
natural disaster, all rentals of this generator type will be billed
at a one-week minimum rental period for 24-hours of usage per day.
The one-week minimum rental at 24-hour usage rates does not apply
to pre-existing generator rentals.
Rental Sub-total: 11977.00
SALES ITEMS:
Qty Item number Unit Price
Certain eq&OtM 6 �uires scheduled Preventive Maintenance.t6belt RentatSiN(II-&R iilr the operation time and perform PM service as required in accordan�gt4itl{P 0
manufacturers specifications.Customer shall be charged for each PM service performed during rental period.
IF THE EQUIPMENT DOES NOT WORK M U LTI PLE SH I FTS OR CUSTOMER IS RESPONSIBLE FOR
PROPERLY,
1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,including injury and damage to persons,property and the Equipment.
3. Customer is responsible for and shall only permit properly trained Authorized Individuals to use the Equipment.
4. If the Equipment does not operate properly,is not suitable for Customer's intended use,does not have operating and safety instructions or Customer has any questions regarding use of the Equipment,
Customer shall not use the Equipment and shall contact Sunbelt immediate
5. Equipment misuse or using damaged or malfunctioning Equipment may resu in serious bodily injury or death and Customer agrees that Customer(i)assumes all risk associated thereunder,and(ii)
indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment.
6. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),including Release and
Indemnification in Section 8 and Environmental Fee in Section 16,which can also be found at www.sunbeltrentals.com/rentalcontract.*Delivery/Pickup Surcharge fee explanation is available at
www.sunbeltrentals.com/surcharge.
7. Customer must contact Sunbelt to request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actuallyretrieved by Sunbelt.
8. Customer waives its right to a jury trial in any dispute as set forth in Section 19.
9. At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives anv right to bring a class action as set forth in Section 20.
MONROF COUNTY ATf'CARNEY'S CFFIQ�
....k; a�"1 * C7 C5R µ,
Customer is declining Rental Protection Plan(see reverse side for d _etail Customer Initials) PATRICIA FABLES
ASMST bff447 UL4 ATTCMANry
(Customer Signature nape.
t � �6.2 .2�24 Kevin Wilson
g Date Name Printed Delivered By Date
www.sunbeltrentals.com PDFW86(Rev 02/28/22)
Page 2 of 2
RENTALS
PUMP&POWER PC#: 0091 SUNBELT RENTALS, INC.
SERVICES
3701 NW 120TH AVE Salesman: 009140 MADRAZO, VICTOR (091
CORAL SPRINGS, FL 33065 2532 Typed By: MSPORDER
954-577-9429
Job Site: RENTAL OUT
SHERRIFS ADMIN HEADQUARTER III IIIIIIIIIIIIIIIIIIIIIIIIIIII
5525 COLLEGE RD
KEY WEST, FL 33040 4307
Contract #.. 155167392
C#: 305-809-5200 J#: 786-847-3087 Contract dt. 6/07/24
Date out.... 6/07/24 3:30 PM
Customer: 188535 Est return.. 7/05/24 3:30 PM
MONROE COUNTY BOARD OF COUNTY Job Loc..... 5525 COLLEGE ROAD, KEY WEST
123 OVERSEAS HWY ROCKLAND KEY Job No...... SHERRIFS ADMIN HEADQ
PUBLIC WORKS DEPARTMENT P.O. #...... SHERRIFS ADMIN HEADQUARTER
KEY WEST, FL 33040 Ordered By.. GREENLEE, DARYL
NET 30
For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental property or equipment upon expiration of rental period
and failure to pay all amounts due (including costs for damage to the property or Equipment) are evidence of abandonment or refusal to redeliver
the property, punishable In accordance with Section 812.155, Florida Statutes.
QTY EQUIPMENT # Min Day Week 4 Week Amount
SALES ITEMS:
Qty Item number Unit Price
TRANSPORTATION SURCHARGE
1 ENVIRONMENTAL EA 202 .150 202 .15
2133XXX000 ENVIRON/HAZMAT/DISPOSAL FEE
RENTAL PROTECTION PLAN 1796.55
DELIVERY CHARGE 1000.00
PICKUP CHARGE 1000.00
OSC DARYL (786) 847-3087
Sub-total: 16355.70
Total: 16355.70
Currently, Pay on Return per gallon prices are:
GAS: $9.500, DIESEL: $10.500, KEROSENE: $6.100, PROPANE: $6.500
However, Customer agrees to pay Sunbelt's Pay on Return per gallon price in
place at time of return of the Equipment.
Al 1Cef l" nt�ffiVe r&ireVsi6duled Preventive Maintenance.Sunbelt Rentals will monitor the operation time and perform PM service as required in accordance with
manufacturers specifications.Customer shall be charged for each PM service performed during rental period.
IF THE EQUIPMENT DOES NOT WORK M U LTI PLE SH I FTS OR CUSTOMER IS RESPONSIBLE FOR
PROPERLY,
1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,including injury and damage to persons,property and the Equipment.
3. Customer is responsible for and shall only permit properly trained Authorized Individuals to use the Equipment.
4. If the Equipment does not operate properly,is not suitable for Customers intended use,does not have operating and safety instructions or Customer has any questions regarding use of the Equipment,
Customer shall not use the Equipment and shall contact Sunbelt immediate
5. Equipment misuse or using damaged or malfunctioning Equipment may resu in serious bodily injury or death and Customer agrees that Customer(i)assumes all risk associated thereunder,and(ii)
indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment.
6. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),including Release and
Indemnification in Section 8 and Environmental Fee in Section 16,which can also be found at www.sunbeltrentals.com/rentalcontract.*Delivery/Pickup Surcharge fee explanation is available at
www.sunbeltrentals.com/surcharge.
7. Customer must contact Sunbelt to request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actuallyretrieved by Sunbelt.
8. Customer waives its right to a jury trial in any dispute as set forth in Section 19.
9. At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.
MC NAC3E COUNTY ATTCHNEV'S OFFICE'p
Customer is declining Rental Protection Plan(see reverse side for detail ustomer Initials) m „ ...... �= --
PATRIC@A EABL,ES
AssnsTA T3,9 /'�2v4ATTCANEY
.✓w.Y, DATE: ... ._...,.�..
06.21.2024 Kevin Wilson
Customer Signature Date Name Printed Delivered By Date
www.sunbeltrentals.com PDFws6(Rev 02/28/22)
SUNBELT RENTALS TERMS AND CONDITIONS
1) DEFINITIONS."Authorized Individuals"are those individuals that Customer directly or indirectly allows to use the Equipment who shall cooperate with,assign Sunbelt all claims and proceeds arising from such loss,theft,damage or destruction,execute and deliver to Sunbelt
must be properly trained to use the Equipment,at least 18 years old or the legal age of majority in the state,whichever is greater and are not under whatever documents are required and take all other necessary steps to secure in Sunbelt such rights,at Customer's expense.
the influence of arty drugs,alcohol,substances or otherwise impaired."Customer"is identified earlier and includes any of your representatives,agents, 11) RENTAL RATES.The total charges specified in this Contract are:(a)estimated based upon Customer's representation of the
officers,employees or anyone signing this Contract on your behalf."Environmental Services Charge'is the charge described in Section 17. estimated Rental Period identified herein(rental rates beyond the estimated Rental Period may change)and other information conveyed by Customer
'Equipment"is the equipment and/or services identified on the other pages provided,together with all replacements,repairs,additions,attachments to Sunbelt;and(b)for the Equipment's use for One Shift,unless otherwise noted.Weekly and 4 week rental rates shall not be prorated.Rental
and accessories and all future Equipment rented."Incident"is any fine,citation,theft,accident,casualty,loss,vandalism,injury,death or damage to charges accrue during Saturdays,Sundays and holidays.The rental rates do not include and Customer is responsible for,(i)all consumables,fees,
person or property,claimed by any person or entitythat appears to have occurred in connection with the Equipment."Lost'means the Equipment is licenses,present and future taxes and any other governmental charges based on Customer's possession anclor use of the Equipment,including
either stolen,its location is unknown,or Customer is unable to recover it for a period of 30 days."Flyff is the Equipment's fair market value on or additional fessformorethan One Shift use,III)deliveryand pickup chargesto andfrom the Store,including butnot limitedto anyfreight transpormton,
about the date of the Incident relating to the Equipment,plus any administrative fees and expenses.'One Shin"means not more than 8 hours per delivery,pickup and surcharge fees listed in this Contract,(iii)maintenance,repairs and replacements to the Equipment as provided herein,(iv)a
day,40 hours per week and 160 hours every 4-week period,provided that double shift will be 150%and triple shift will be 200%ofthe rental charge cleaning fee if required,(v)miscellaneous charges,such as fees for lost keys,RPP,costs to recover Equipment,emergency mobilization or store
on Equipment with hour meters.Ordinary Wear and Tear"means normal deterioration considered reasonable in the equipment rental industry for One opening,(vi)fuel used during the Rental Period and for refueling Equipment as described below,(vii)fines for use of dyed diesel fuel in on-road
Shift use.Taff means Sunbelt or Customer and together both are the'Parties".'Pick-Up Number'is the number Customer obtains from Sunbelt Equipment,and(viii)an Environmental Services Charge(see—unbeltrentalscom/enyironmentalfee)and(ix)Transportation Surcharge
evidencing the Customer's call to pickup Equipment"Rental Period"commences when the Equipment is delivered to Customer or the Site Address (seewww.sunbeltrentals.com/surcharge).The convenience charge foroff road diesel fuel does not include governmental motor fuel taxes or charges.
and continues until the Equipment is returned to the Store or picked up by Sunbelt during normal business hours,provided Customer has otherwise Sunbelt collects these fees as revenue and uses them at its discretion.
complied with this Comb act. is the rental protection plan described in Secfion 10."Site Address"is the location that Customer represents the 12) PAYMENT.Customer shall payforthe rental ofEquipment,sale of Equipment,materials and all other items and services identified
Equipment will be located during the Rental Period identified earlier."Store'is the Sunbelt location identified earlier."Sunbelt'is Sunbelt and its in this Contract and all other amounts due,without any offsets,in full,in advance at the fime of rental,unless Sunbelt approves Customer's executed
affiliated companies,their respective officers,directors,employees and agents."Telematics Data"is data collected within the Equipment or via commercial credit application.Commercial customers who are approved for Sunbelts extended payment terms must pay,in arrears,upon receipt of
software relating to the Equipment,its performance,location,or operators.Transportation Surcharge"is a charge intended to defray a wide range of Sunbelts invoice,either by cash,check or ACH.Customer must notify Sunbelt in writing of any disputed amounts,including credit card charges,
transportation expenses(both direct and indirect);which are not always fully recovered by other transportation charges. within 15 days after the receipt of the invoice/contract or Customer shall be deemed to have irrevocably waived its right to dispute such amounts.At
2) TERMS.Customers execution of this Contract or taking possession ofthe Equipment(whichever occurs first)shall be deemed Sunbelts discretion,any account with a delinquent balance may be placed on a cash basis,deposits may be required and the Equipment may be
acceptance of the terms herein for this and all past and future contracts between Sunbelt and Customer upon Customers receipt of Sunbelts picked up without notice.Due to the difficulty in fixing actual damages caused by late payment,Customer agrees that a service charge equal to the
Equipment under those contracts.Customer rents the Equipment from Sunbelt pursuant to this Contract,which is a true lease.The Equipment(a)is lesser of 1.5%per month or the maximum rate permitted by law shall be assessed on all delinquent accounts,until paid in full.Customer shall
and shall remain the personal property of Sunbelt and(b)shall not be affixed to any other property.Customer shall not pledge or encumber the reimburse Sunbelt for all costs incurred in collecting any late payments,including,without limitation,attorneys'fees.Payment of any late charge does
Equipment in any manner not excuse Customer of any default under this Contract.Customer shall pay a fee of$75 for each check returned for lack of sufficient funds to
3) PERMITTED USE.Customer agrees and warrants that(a)Sunbelt has no control over the manner in which the Equipment is compensate Sunbelt for its overhead for processing missed payment.Deposits will only be returned after all amounts are paid in full.CUSTOMER
operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits,(b)prior to each use and its return to AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT,CUSTOMER
Sunbelt,Customer shall inspect the Equipment to confirm that the Equipment is in goad condition,without defects,readable decals are on the AUTHORIZES SUNBELT TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES
Equipment,and the Equipment is suitable for Customers intended use;(c)Customerhasaccesstoandreviewsthe operating and safetyinstructons SUBSEQUENTLY INCURRED BY CUSTOMER,INCLUDING BUT NOT LIMITED TO,LOSS OF OR DAMAGE TO THE EQUIPMENT AND
and will operate the Equipment in accordance with the manufacturer's instructions and with applicable safety equipment,(d)any apparent agent at EXTENSION OF THE RENTAL PERIOD.Effective June 1,2021 and where permitted by law,Sunbelt may impose a surcharge of 2%(minimum$3)
the Site Address is authorized to accept delivery ofthe Equipment(and if Customer requests,Customer authorizes Sunbelt to leave the Equipment for credit card payments on charge accounts.This surcharge is not greater than Sunbelt's merchant discount rate for credit card transactions and is
at the Site Address without requirement of written receipt);(a)Customer shall immediately stop use and notify Sunbelt if the Equipment is damaged, subject to sales tax in some jurisdictions.
unsafe,disabled,malfunctioning,warning lights come on,levied upon,threatened with seizure,Lost,or if any Incident occurs,(f)Customer has 13) RETURN OF EQUIPMENT.Sunbelt mayterminate this Contract at any time,for any reason.The Equipment shall be returned to
received from Sunbelt all information needed or requested regarding the operation of the Equipment,(g)Sunbelt is not responsible for providing Sunbelt(when needed for inspections,maintenance and at the end ofthe Rental Period)in the same condition lf was received,less Ordinary Wear
operator or other training unless Customer specifically requests in writing and Sunbelt agrees to provide such training(Customer being responsible and Tear andfree of any hazardous materials and contaminants.Customer will return the Equipment atthe end ofthe Rental Period,but will continue
to obtain all training that Customer desires priortothe Equipment's use);(h)Sunbelt is not responsiblefor Customer's obligationto provide reasonable to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein.If Sunbelt
accommodation(s)to any(disabled)Authorized Individual(s);(i)only Authorized Individuals shall use and operate the Equipment,however Customer delivered the Equipment to Customer,Customer shall notify Sunbelt that the Equipment is ready to be picked up at the Site Address and obtain a
is responsible for the Equipment and its use during the Rental Period regardless of the user,(j)the Equipment shall be used and maintained in a Pick-Up Number,which Pick-Up Number Customer should keep as proof ofthe call,provided Customer remains liable for any loss,theft,damage to
careful manner,within the Equipment's capacity and in compliancewith all applicable laws,regulations,as well as all operating and safety instructions or destruction ofthe Equipment until Sunbelt confirms that the Equipment is returned in the condition required herein.Customer will not be charged
provided on,in or with the Equipment and all applicable federal,state and local laws,permits and licenses,including but not limited to,OSHA and the rental charges after the date the Pick-Up Number is given,provided Customer has otherwise complied with this Contract.No pickups occur on
ADA,as revised,(k)the Equipment shall be kept in a secure locator,and(1)Customer shall provide Sunbelt with accurate and complete information, Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours.If Customer picked up Equipment,Customer shall return
which Sunbelt relies upon to provide the appropriate Equipment to Customer. Equipment to the same Store during that Store's normal business hours.If the Equipment is not returned bythe estimated end of the Rental Period
4) PROHIBITED USE.Customer shall not(a)alter or cover up any decals or insignia on the Equipment,remove any operating or specified earlier,Customer agrees to paythe applicable rental rateforthe Equipment until the end of the Rental Period.
safety equipment or instructions or alter ortamper with the Equipment,(b)assign its rights underthis Contract,(c)move the Equipmentfrom the Site 14) PURCHASES.If this Contract identifies any Equipment,materials or other items that is to be purchased by Customer,Sunbelt
Address without Sunbelt's written consent;(d)use the Equipment in a negligent illegal,unauthorized or abusive manner,or(a)publicize use ofthe sells and delivers such items to Customer on an"AS IS,WHERE IS"basis,with all faults and without any warranties(other than manufacturer
Equipment in any manner(including,without limitation,print,audiovisual or electronic);or(f)allow the use of the Equipment by anyone other than warranties,if any)in consideration for Customer's payment to Sunbelt of the full purchase price of the item,Sunbelt retains title to the item until
Authorized Individuals(Customer acknowledging thatthe Equipment may be dangerous if used improperly or by untrained parties). Customer has paid in full.
5) MAINTENANCE.Customer shall perform routine maintenance on the Equipment,including routine inspections and maintenance 15) DEFAULT.Customer shall be in default if Sunbelt deems itself insecure or if Customer.(a)fails to pay sums when due,(b)
of fuel and oil levels,grease,coaling and fluid systems,batteries,tires/tracks cutting edges,and cleaning in accordance with the manufacturer's breaches any Section of this Contract,(c)becomes a debtor in a bankruptcy proceeding,goes into receivership,takes protection from its creditors
specifications,as applicable.All other maintenance or repairs may only be performed by Sunbelt or its agents,but Sunbelt has no responsibility during under any insolvency legislation,ceases to carry on business,or has its assets seized by any creditor,(d)fails to insure the Equipment as required,
the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call if Sunbeft determines that repairs to the or otherwise placesthe Equipment at risk;(e)failsto return Equipment immediately upon Sunbelt's demand;or(f)is in default under anyother contract
Equipment are needed,other than Ordinary Wear and Tear,Customer shall pay the full repair charges,additional fees,if any,and rental of the with Sunbelt.If a Customer default occurs,Sunbelt shall have,in addition to all rights and remedies at law or in equity,the right to repossess the
Equipment until the repairs are completed.If Equipment is stolen or damaged in excess of 40%ofthe Equipment's FMV,Customer will be responsible Equipment without judicial process or prior notice.Customer shall pay all of Sunbelt's costs,including reasonable costs of collection,court costs,
for the FMV of the Equipment,including sales tax,as applicable.Sunbelt has the right to inspect the Equipment wherever located.Customer has the attorneys and legal fees,incurred in exercising any of its rights or remedies herein.Sunbelt shall not be liable due to seizure of Equipment by order
authority to and hereby grants Sunbelt and its agents the right to enter the physical location ofthe Equipment for the purposes set forth herein Sunbelt of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT ENTITIES FOR SUCH REPOSSESSION.
shall be responsible for repairs needed because of Ordinary Wear and Tear.Customer agrees that repair or replacement of the Equipment is 16) CRIMINAL WARNING.The use of false identification to obtain Equipment or the failure to return Equipment by the end of the
Customer's exclusive remedy for Sunbelt's breach ofthis Section.Notwithstanding Sunbelt's service commitment,if Customer breachesthis Contract, Rental Period may be considered theft,subjectto criminal prosecution and civil liability where permitted,pursuant to applicable laws.
Sunbelt shall have no obligation to stop the Rental Period,commence repairs or rent other equipmentto Customer until Customer or its agent agrees 17) ENVIRONMENTAL SERVICES CHARGE.To promote a clean and sustainable environment,Sunbelttakes various measures to
to pay for such charges comply with applicable environmental regulations,as well as with Sunbelt's own policies.Sunbelt also incurs a wide range of environmental related
6) CUSTOMER LIABILITY.DURING THE RENTAL PERIOD,CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE expenses(both direct and indirect).These expenses may include services such as waste disposal,construction and maintenance of cleaning facilities,
POSSESSION,CONTROL OR USE OF THE EQUIPMENT,INCLUDING BUT NOT LIMITED TO,PERSONAL INJURY,DEATH,RENTAL acquisition of more fuel-efficient equipment,aswell as,Iaborcosts,administration costs,etc To help offset these and othercosts,Sunbeltassesses
CHARGES,THEFT,LOSSES,DAMAGES AND DESTRUCTION,INCLUDING CUSTOMER TRANSPORTATION,LOADING AND UNLOADING, an Environmental Services Charge,plus applicable taxes thereon in connection with certain rentals.The Environmental Services Charge is not a tax
WHETHER OR NOT THE CUSTOMER IS AT FAULT.After an Incident,Customer shall(a)immediately notify Sunbelt,the police,if necessary,and or governmentally mandated charge and is not designated for any particular use or placed in an escrow account,but is a charge that Sunbelt collects
Customer's insurance carriers;(b)secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such as revenue and uses at its discretion.
Incident,until Sunbelt or its agents investigate,(c)immediately submit copies of all police or otherthird party reportsto Sunbelt,and(d)as applicable, 18) FUEL.For Equipmentthat uses fuel,Customer hasthree opfions.(a)Prepay Fuel Option-Customer may purchase a full tank of
pay Sunbelt,in addition to other sums due herein,the rental rate for Equipment until the repairs are completed or Equipment replaced plus either(i) fuel for the Equipment at the start of the rental,in which case a'convenience charge"will appear on this Contract(calculated by multiplying the
the FMV or(ii)the full charges of recovery and repairs of damaged Equipment.Accrued rental charges shall not be applied against these amounts estimated fuel capacity of Equipment by the Prepay per gallon rate).As an added benefit,Customer may return the Equipment full of fuel and the
Sunbelt shall have the immediate right,but not obligation,to reclaim any Equipment involved in any Incident convenience charge will be refunded(however,if not returned full,Customer will not obtain any credit for fuel left in the Equipment upon return);(b)
7) NO WARRANTIES.SUNBELT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,EXPRESS OR IMPLIED,WITH Pay on Return Option-if Customer returns Equipment with less fuel than when received,Customer shall pay a refueling charge(calculated by
RESPECT TO THE EQUIPMENT,ITS DURABILITY,CONDITION,MERCHANTABILITY,NON-INFRINGEMENT,OR FITNESS FOR ANY multiplying gallons requiredto refill tankwithfuel to level when received,bythe Payon Return per gallon rate);and(c)Return Full Option—if Customer
PARTICULAR PURPOSE.CUSTOMER ACKNOWLEDGES ACCEPTANCE OFTHE EQUIPMENTON AN"AS IS,WHERE IS"BASIS,WITH"ALL returns the Equipment with at least as muchfuel as when it was received(most Sunbelt Equipment comes with a full tank of fuel,but not all);no fuel
FAULTS"AND WITHOUTANY RECOURSE WHATSOEVER AGAINST SUNBELT ENTITIES.CUSTOMER ASSUMES ALL RISKS ASSOCIATED charge will be assessed.The cost of Customer refueling Equipment itselfwill generally be lower than the Prepay Fuel Option or the Pay on Return
WITH THE EQUIPMENT AND RELEASES SUNBELT ENTITIES FROM ALL LIABILITIES AND DAMAGES(INCLUDING LOST PROFITS, Option,howeverthese options each allowforthe convenience of not refueling.Customer agrees that none of these options are a retail sale offuel.
PERSONAL INJURY,AND SPECIAL,INCIDENTAL AND CONSEQUENTIAL DAMAGES,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH 19) LIMITATION OF SUNBELTS LIABILITY.IN CONSIDERATION OF THE RENTAL OF EQUIPMENT,CUSTOMER AGREES
DAMAGES)IN ANY WAY CONNECTED WITH THE EQUIPMENT,ITS INSTALLATION,OPERATION OR USE OR ANY DEFECT OR FAILURE THATSUNBELTS LIABILITY UNDER THIS CONTRACT,INCLUDING ANY LIABILITY ARISING FROM SUNBELTS,SUNBELT ENTITIES,OR
THEREOF,A BREACH OF SUNBELTS OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM ANY THIRD PARTES COMPARATIVE,CONCURRENT,CONTRIBUTORY,PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A
CUSTOMER OR THIRD PARTIES,UPON WHICH SUNBELT RELIES;PROVIDED HOWEVER,IF CUSTOMER IS A CONSUMER UNDER RESULT OF ANY STRICT OR ABSOLUTE LIABILITY,SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER
APPLICABLE LAW,THEN NO CONSEQUENTIAL DAMAGES LIMITIATION OF INJURIES TO PERSONS SHALL APPLY. THIS CONTRACT.
8) RELEASE AND INDEMNIFICATION.TO THE FULLEST EXTENT PERMITTED BY LAW,CUSTOMER INDEMNIFIES, 20) JURY TRIAL WAIVER.IN ANY DISPUTE ARISING OUT OF,IN CONNECTION WITH,OR IN ANY WAY PERTAINING TO
RELEASES,HOLDS SUNBELT ENTITIES HARMLESS AND AT SUNBELTS REQUEST,DEFENDS SUNBELT ENTITIES(WITH COUNSEL THIS CONTRACT,CUSTOMERAND SUNBELT HEREBY KNOWINGLY,VOLUNTARILYAND INTENTIONALLYWAIVE ANY RIGHT TO ATRIAL
APPROVED BY SUNBELT),FROM AND AGAINST ALL LIABILITIES,CLAIMS,LOSSES,DAMAGES,AND EXPENSES(INCLUDING BY JURY,THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
ATTORNEY'S ANDIOR LEGAL FEES AND EXPENSES)HOWEVER ARISING OR INCURRED,RELATED TO ANY INCIDENT,DAMAGE TO 21) ARBITRATION AGREEMENT&CLASS ACTION WAIVER.AT THE ELECTION OF CUSTOMER OR SUNBELT,ANY
PROPERTY,INJURY OR DEATH OF ANY PERSON,CONTAMINATION OR ALLEGED CONTAMINATION,OR VIOLATION OF LAW OR DISPUTE ARISING OUT OF,IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY
REGULATION CAUSED BY OR CONNECTED WITH THE(a)ACCESS,USE,POSSESSION OR CONTROL OF THE EQUIPMENT BY ARBITRATION BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR
CUSTOMER ORANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS,USE,POSSESS OR CONTROL REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL
THE EQUIPMENT DURING THE RENTAL PERIOD OR(b)BREACH OF THIS CONTRACT,WHETHER OR NOT CAUSED IN PART BY THE ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON
ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OFANYPARTY INDEMNIFIED HEREIN AND ANYOFTHE FOREGOING ARISING OR THE AWARD RENDERED BY THE ARBITRATORS)MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.THERE SHALL
IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY.CUSTOMER ALSO AGREES TO WAIVE ITS BE NO RIGHT ORAUTHORITY FORANY CLAIMS TO BEARBfrRATED ORTRIED ON A CLASS ACTION BASIS.
WORKERS'COMPENSATION IMMUNITY,TO THE EXTENT APPLICABLE.CUSTOMER'S INDEMNITY OBLIGATIONS SHALL SURVIVE THE 22) COMPLIANCE WITH EXPORT AND IMPORT LAWS.Removal ofthe Equipment from the United States('U.S.')is prohibited
EXPIRATION ORTERMINATION OFTHIS CONTRACT.All of Customer's indemnification obligations under this paragraph shall be joint and several under this Contract.If Customer desires or causes the transport and/or operation of the Equipment outside ofthe U.S.,Customer must(a)obtain
9) INSURANCE.Duringthe Rental Period,Customershall maintain,atits own expense,thefollowing minimum insurance coverage. Sunbelts consent prior to taking such action,including approval ofestablished customsbroker,and(b)execute an amendment to this Contract,which
(a)for Customers using Equipment for non personal use,general liability insurance of not less than$1,000,000 per occurrence,including coverage amendment is incorporated herein.If Customer exports or re-exports without complying with the above sentence,Customer agrees that(i)the
for Customers contractual liabilities herein such asthe release and indemnificaton clause contained in Section 8;(b)for Customers using Equipment Equipment is subject to and must comply with all applicable export laws,including but not limited to the Export Administration Regulations,and(ii)
for non personal use,property insurance against loss by all risks to the Equipment,in an amount at least equal to the FMV thereof,unless RPP is Customer,as the exporter/importer of record,is responsible for.(A)determining whether and obtaining if necessary,export or re-export licenses or
elected at the time of rental and paid for prior to any Incident(c)workers compensation insurance as required by law,and(d)automobile liability other authorizations as required prior to exporting or re-exporting the Equipment,(B)obtaining any required documentation necessary for return of
insurance(including comprehensive and collision coverage,and uninsured/underinsured motorist coverage);in the same amounts set forth in the Equipment,and(C)ensuring no unauthorized transfers or diversions ofthe Equipment occur.Refer to www.bis.doc.gov for information.
subsections(a)and(b);if the Equipment is to be used on any roadway.Such policies shall be primary,non-contributory,on an occurrence basis, 23) COLLECTION OF DATA. Customer consents to the collection,use and disclosure of the data and information Customer
contain a waiver of subrogation,name Sunbelt and its agents as an additional insured(including an additional insured endorsement)and loss payee, voluntarily provides to Sunbelt,including personal identifiable information and financial information,as well as the Telematics Data collected from the
and provide for Sunbelt to receive at least 30 days prior written notice of any cancellation or material change.Any insurance that excludes boom Equipment,as described in our Privacy Policy found at www.sunbeltentals.com/privacypolicy.
damage or overturns is a breach.Customer shall provide Sunbelt with certificates of insurance to insurancecertificetes(cbsunbeltrentals.com 24) GOVERNING LAW.The Parties expressly and irrevocably agree.(a)this Contract,including any related tort claims,shall be
evidencing the coverages required above prior to any rental and anytime upon Sunbelts request To the extent Sunbelt Entities carry any insurance, governed by the laws of South Carolina,without regard to any conflicts of law principles and(b)if any Section of this Contract is prohibited by any
Sunbelt Entities'insurance will be considered excess insurance.The insurance required herein does not relieve Customer of its responsibilities, law,such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections.
indemnification,or other obligations provided herein,or for which Customer may be liable bylaw or otherwise. 25) FORCE MAJEURE.Sunbelt shall not be liable or responsible to the Customer,nor be deemed to have defaulted under or
10) RENTAL PROTECTION PLAN.Customers repair or replacement responsibility in Secfion 5 and 6 of this Contract is modified breached this Contract,for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is
by the RPP,if offered on the Equipment,and Sunbelt shall limit the amount Sunbelt collects from Customer for the Equipment loss,damage or caused by or results from acts beyond Sunbelt's control,including,without limitation,the following force majeure events("Force Majeure Events)").
destruction to the following amounts for each piece of Equipment,per each occurrence.(a)10%of the FMV for Lost Equipment,up to a maximum of (a)acts of God,(b)flood,fire,earthquake,epidemics,pandemics or explosion,(c)war,invasion,hostilities(whether war is declared or not);terorist
$500 per piece of Equipment,(b)10%ofthe repair charges for incidental or accidental damage to Equipment,up to a maximum of$500 per piece of threats or acts,riot or other civil unrest,(d)government order,law,regulations,shutdowns,or actions;(a)embargoes or blockades in effect on or
Equipment,(c)charges in excess of$50 per tire for fire repairs,and(d)nothing for the rental charges which would otherwise accrue during the period after the date of this Contract,(f)national or regional emergency,(g)strikes,labor stoppages or slowdowns,or other industrial disturbances,(h)
when damaged or destroyed Equipment is being repaired orreplaced by Sunbelt or Lost Equipmentis beingreplaced,provided however,theforegoing shortage of adequate power or transportation facilities,and(i)other events beyond the control of Sunbelt.
RPP liability reduction only applies ifthe Conditions(defined below)are satisfied and an Exclusion(defined below)does not apply.The RPP is NOT 26) MISCELLANEOUS.This Contract,together with any Customer executed commercial credit application,if any,constitutes the
INSURANCE and does NOT protect Customerfrom Iiabilityto Sunbelt or others arising out of possession,control or use of the Equipment,including entire agreement ofthe Parties regardingthe Equipment and may not be modified except bywritten amendment signed bythe Parties.Any reference
injury or damage to persons or property.THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMERS LIABILITY.All of the in Customer's purchase order or other Customer documentto otherterms that shall control thistransaction shall be void.This Contract benefits solely
following"Conrtions"must be satisfied for the RPP and the corresponding liability reduction to apply.(i)Customer accepts the RPP in advance of the Parties and their respective permitted successors and assigns and nothing in this Contract,express or implied,confers on any other person any
the rental,(ii)Customer pays 15%of the gross rental charges as the fee for the RPP(plus applicable taxes);(iii)Customer fully complies with the legal or equitable right,benefit or remedy of any nature whatsoever under or by reason of this Contract. Customers obligatons hereunder shall
terms of this Contract,(iv)Customer's account is current at the fime ofthe loss,theft damage or destruction of the Equipment,and(v)none ofthe survive the termination of this Contract.If any term is invalid,illegal,or unenforceable,such invalidity,illegality,or unenforceability shall not affect any
Exclusions apply.Customer assumes the Exclusion risks,meaning that if any Exclusion occurs,the RPP does NOT reduce the liability of Customer other term or invalidate or render unenforceable such term.This Contract and all of Customer's rights in and to the Equipment are subordinate to all
to Sunbelt for the loss,theft,damage or destruction resulting from such Exclusion."Exclusions"shall mean loss,theft,damage or destruction of the rights,title and interest of all persons(including Sunbelt's lenders)who have rights in the Equipment.Headings are for convenience only.To the
Equipment.(A)due to intentional misuse,(B)caused by Lost Equipment not reported by Customer to the police within 48 hours of discovery,and extent that any terms in this Contract conflict,the Parties agree that the more specific terms control.A copy of this Contract shall be valid as the
substantiated by a written police report(promptly delivered to Sunbelt);(C)due to floods,water level changes,And,storms,earthquakes or Acts of original.Any failure by Sunbelt to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to
God,and(D)accessories or Equipment for which Customer is not charged the RPP fee.THE EXCLUSIONS REMAIN THE LIABILITY OF demand strict performance in the future.Customer and the person signing this Contract agree,represent and warrant that.(a)the person executing
CUSTOMER AND ARE NOT MODIFIED BY THE RPP.RPP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER'S ESTIMATED is 18 orthe legal age of majority in the state,whichever is greater and they both have full authority to execute,deliver and perform this Contract;and
CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING,FAILS TO PAY THE RPP FEE OR MADE OTHER (b)this Contract constitutes a legal,valid and binding obligation of Customer,enforceable in accordance with its terns.If the Parties have a fully
CONTRACTUAL ARRANGEMENTS WITH SUNBELT.Notwithstanding anything to the contrary inthis Contract,if Lost Equipment is later recovered, executed,active agreement,intended to govern over conflicting terms and conditions,such agreement shall take precedence over the terns herein.
Sunbelt retains ownership ofthe Equipment regardless of any payments made by Customer or Customer's insurance company with respect to such
Equipment,all of which payments are non-refundable.Customer agrees to row return an Equipment that is recovered.Sunbelt shall be Additional terms and conditions for Shoring can be found at htl MavawsunBclln of �.rornrrabout'shorine-bride ire ddilion.al-Irxiri androndilionsr
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subrogated to Customer's rights to recover against any person or entity relating to any loss,theft,damage or destruction to the Equipment.Customer Rev Date 06/16/2021