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HomeMy WebLinkAboutPR 15097: BIG TRUCK RENTAL LLP - RENTAL CONTRACTPUBLIC WORKS DEPARTMENT ..COUNCIL ACTION MEMO TO Stephen B. Fitzgibbons, City Manager" FROM Ross E. Blackketter, P.E.; Director of Public Works SUBJECT P.R. #15097 -Approve Rental Contract with Big Truck Rental, LLP DATE 05 February 2009 RECOMMENDATION: I recommend that the City..Council approve Proposed Resolution No. 15097, approving a rental contract-with Big Truck Rental, LLP of Tampa, Florida for the rental of two (2) automated side loader garbage trucks for a total amount of $60,000. BACKGROUND: The City Council authorized the purchase of two (2) new garbage trucks, but the delivery will not occur until this summer. In the meantime, the City Manager has authorized renting two (2) automated garbage trucks to maintain the collection services until the new trucks arrive. If the equipment is needed for a longer period, Council approval will be sought at that. time. Purchasing solicited bids from multiple"companies, but-Big Truck Rental was the only one to have the needed equipment, providing the following bid: Big Truck Rental, LLP 2007 Autocar WXR64 with 28CY McNeilus $.7,500/mo Autol2each Automated Side Loader Body BUDGETARY/FISCAL EFFECT: Fundirig is available in account 403-1272-533.51-00. ' EMPLOYEE/STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 15097, approving a rental contract with Big Truck .Rental, LLP of Tampa, Florida for the rental of two (2) automated side loadergarbage trucks for a total amount of $60,000. Ross E. Blackketter, P.E. _ ~ - Director of Public Works REB/reb Z:\engineer\documents\CAMS\Garbage Truck Rental.doc P.R. 15097 02/05/09 reb RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE RENTAL OF TWO AUTOMATED SIDE LOADER GARBAGE TRUCKS FROM BIG' TRUCK RENTAL, LLP OF TAMPA, FLORIDA IN THE TOTAL AMOUNT OF $60,000. ACCOUNT NO. 403-1272- 533.51-00. BE IT RESOLVED BY THE CITY COUNCIL OF'THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur i5 hereby authorized and directed to execute on behalf of the City, a rental contrail between the City of Port Arthur and Big Truck - ._ - Rental, LLP for the rental of two (2) automated side loader garbage trucks at a rate of $7,500 - per truck each-month for a minimum of four (4) month period for a total amount of $60,000, copy of said contract attached and made a part hereof as Exhibit "A"; THAT, the tdtal contract amount is not to exceed $60,000 without further approval of the City Council, and funding for this rental is provided for in account number 403-1272-533.51- 00; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of . , A.D. 2009 at a Arthur, Texas by the following vote: -Ayes: Mayor:. Council Mayor meeting of the City of Port Attest: City Secretary APPROVED FOR ADMINISTRATION: Stephen B. Fitzgibbons City Manager APPROVED AS TO AVAILABILITY OF FUNDS: ~~Cc~ ~~~~~~;P Rebecca Underhill, CPA Assistant. City Manager/Administration Z:\engi neer\Documents\Resolutions\PR15097.doc P.R.15097 Page 2 APPROVED AS TO FORM: City Attorney • D ~ ~,~(,~ U ~~~ Ross E. Blackketter, P.E. Director of Public Works Y EXHIBIT A Truck ID: Photos: Date: SUPPLEMENTAL RENTAL AGREEMENT -BIG TRUCK RENTAL, L.L.P. 1039 S. 50th Street :• Tampa, FL 336(9 Administrative ice Rental Office Phone: (813) 261.0820 • Fax: (813) 261-0811 Phone: p65) 5847278 • Fax: (/65) 5847340 Customer #: Contact Name: Ordered 8y: Company Name: City of Port Arthur ~ - Address: P 0 Box 1089. Phone: (409)983.8180 PO/Job #: Fax: (409)983.9294 Job Location: Delivered By: r; BTR ~ r Customer r Other: RetumedBy: ri BTR r Customer r` Other: VEHICLESERIAL# I TAG# 2ENTAL PERIOD From: - , Out: - AIt.Phone: (409)983.8160 Datefrime Shipped: - - Date/Time Shipped: EOUIPMENTDESCRIPTION -RENTAL TERMS OUTIIN To: In: NOTE: See Master Rental Agreement (Section 2)forallowance of hours under Rental Term. NateslExplanatlon of additional cysts: 'Security Deposx will be relumed within five (b) days of the return of the Vehide, less arty rental charges or damage assessmenk. - MILEAGE OUT/IN Out: In: Rental Amount Sales Tax Additional Cosk SUBTOTAL Transporation Cask Security Deposit' RENTAL RATE RENTAL REMINDERS TOTAL DUE • MASTER RENTAL AGREEMENT: This dowment wpplemenk the Master Rental Agreement wNCh Customer signed and "s subject to a0 provisions therein. • INSURANCE: This Supplemental Rental Agreement uhTizes the inwrence information provided in the Master Agreement Customer R required to provide continued proof of insurance at the inception of mis Supplemental Rental Agreement and mruugh me tlurafion of me same. • RENTAL RATE: Customer is to use the Vehide fa a maximum of onrshifl, vfiich a defined as not more man 50 hours per week. 6 Customer uses me Vehide beyond one-shift, Customer agrees that d will pay an additional charge for such use. The additional charge shad be celcuWted in the following manner (a) H the Customer uses the Vehide more than 50 Murs per week but less than 8ohours per week, then Customer shall pay an additional drarge equal to one-haft (%) times the Rental Rate; (b) Ii the Customer uses the Vehide 80 or more hours per week, men Customer shall pay an additional charge equal to one (t) times the Rental Rate. - • MAfNTENANCE: Customer k responsible fa all roufine maintenance of the Wck and hotly while g a in the care and control of me Customer. • DAMAGE: Customer will be hack billed for any-0amage to me rented property which 8y Tmdc Rental determines to be beyond normal wear and tear. to addNOn, tl me damage to a rented vehicle prevenk Big Tmck Rental from reledmg the vehicle resulting in addNOnal downtime arid lost rental revenue for Big Truck Renal, menmis Supplemental Rental Agreement shall au[omaticalty extend and Customer shall be bAed far a reasonable period at time wim which to make me necessary repays. - • TIRES: As a Ere a a consumable item, BkJ Tmck Remal dowments me condition of the fires on its tacks at me incepbon of me rental and a[ me time me Wdc is returned. It is me Customers responsibility m assure mat me fires are in subs[andagy me same condition at me end of me rental as when me truck's received by the Customer. Tires wan substantialty mare al me time mey are reNmed man at me rental incepbon shall be backbiged. Additiona0y, ag steer Ihes (front tires) on fmdcs reNmed shall be virgin tread (no re-treads). Drive tires (non-steer tires) shall he replaced wim a rerapabk rasing. Any casing deemed incapable by our tine vends wd be bads-billed. • ftIEL: Short term rentals are not subject to IF7A, a0 fuel tax and me reporting mereof s me responsibility of me renter. Any vibWtiore or fines of mat nature are me responsibility of me Gustarrer. - • GOVERNMENP All trucks rented from Big Tmck Renal are owned by and operate ands DOT numbers assigned to Big Tmck Rental. Customer shall not cover a remove airy truck identificetion. Big Truck Rental vehicles are legally licensed on me fetle2l highways of 48 states, hoviever, any state or local perrNk fa state or D~unty road use and waste pick up and7or deposal are me sole and absolute respondbfity of me Customer By execution of mis Rental Agreement Customer acknwAedges mat me Vehde desaibed herein is rented to and in aaoNance vnm me terms, cenditions, and provisions of me Master Rental Agreement previousty signed by the Customer orb alw mole terms found in mis Supplemental Rental Agreement Customer evidences such knowledge by signing bebw. DRIVERS LICENSE INFORAMiION IS MANDATORY FORRENTAL. ~ - - Customer Signature: Customer Name: Social Secudty No. Drivels License No and State Issued: Credit Approved By: Date Credit Approved: ~ Deposit Received (Amount & Date): Date Prepared: Customer 8: - Date: MASTER RENTAL AGREEMENT BIG TRUCK RENTAL; L.L.P. 1039 S. 50th Street, Tampa FL 33619 Administrative Ofrrce Phone: (8l3) 261-0820 • (813) 261-0821 - RentalO_ffice Phone: (765) 584-7278 ~ (765) 584-7340 Customer's Information C~s[omer Name: City of Port Ar;tiur Address: P O Boz 1089 City, State Zip: Port Arthur, Texas 77641 Primary Contact: Ross Blackketter .Phone: (409)983-8180 Primary's Cell: - ~Altemate Contact: Shawna Tubbs Phone: Fax: Fax: (409) 983-9294 Primary's Email: RBlackketter@portarthucnet Phone: (409) 983-8160 Fax: Alternate's Cell: BILL TO: Company Name: -Same As Above Ahemate's Email: Shawna@portarthur.net -~ Address: Phone: Faz: Terms and Conditions This Master Rental Agreement ("Master Agreement") is between BIG TRUCK RENTAL, L.L.P., a Florida limited liability partnership, ("Big Truck Rental") and the customer named on the first page of this Master Agreement ("Customer"). Big Truck Rental and Customer shall sometimes be collectively referred to as the "Parties". This Master Agreement provides the basic terms of every rental contract between Big Truck Rental and Customer, however, the specifics of each rental contract shall be found in the Supplemental Rental Agreement ("Supplemental Agreement"). I. Vehicles Covered and Term: Big Tnick Rental agrees to rent to Customer and Customer agrees to rent from Big Tmck Rental certain vehicles (the "Vehicle(s)") subject to all terms, conditions and provisions set forth herein. ' 2. P~ment of Rental: Customer agrees that it will pay the rental rate and other charges as set forth in the Supplemental Agreements and Extension Agreements (the"Rental Charges"), including, but not limited to, time, mileage, fuel, service, transportation, delivery, pick-up and all other charges, in advance on the day specified. In addition to the Rental Charges, Customer shall pay and/or reimburse Big Truck Rental for any sales tax, use tax, personal property tax, license fee, registration fee or fees levied or based upon the rental, use or operation of the Vehicle. During the term of this Master Agreement, the rental rate set forth in the corresponding Supplemental Agreement or Extension Agreement (the "Rental Rate") shall entitle Customer to use the Vehicle for a maximum of one-shifr which is defined as not more than 50 hours per week. If Customer uses the Vehicle beyond one-shift, Customer agrees that it will pay an additional chazge for such use, calculated in the following manner: more than 50 hours per week but less than 80 hours per week, Customer shall pay an additional charge equal to one-half (1/2) times the Rental Rate; 80 or more hours per week, Customer shall pay an additional chazge equal to one (1) times the Rental Rate. All Rental Charges shall be - paid by Customer to Big Tmck Rental at its address set forth in the Supplemental Agreement or in such other- manner or at such other place as Big Truck Rental notifies the Customer. Customer shall make all payments under this Master Agreement and all Supplemental Agreements without set-off, counterclaim or defense. 3. Security for Customer's Performance: Concurrently with the execution of this Master Agreement, Big Tmck Rental may demand delivery of a valid credit card account (the "Credit Card Account") to secure the performance by the Customer of its financial obligations under this Master Agreement and all Supplemental Agreements. Customer hereby authorizes Big Tmck Rental to charge the Credit Card Account in an amount equal to one (1) times the Rental Rate as additional Security Deposit for Customer's obligations on each vehicle rented, which amount shall be credited to the Credit Card Account within five (5) days of the return of the Vehicle, less any unpaid Rental Charges for damage assessments. Additionally, Customer hereby authorizes Big Truck Rental to charge the Credit Card Account in the event of default, loss, damage or other occurrence of default, including, but not limited to, failure to pay the Rental Charges, notwithstanding Big Truck Rental may avail itself of any other available remedies hereunder. 4. Big Truck Rental's Disclaimer of Warranty; Customer's Obligations Unconditional: THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY BIG TRUCK RENTAL TO THE CUSTOMER, EXCEPT AS CONTAINED IN THIS MASTER AGREEMENT OR ANY SUPPLEMENTAL AGREEMENT, AND BIG TRUCK RENTAL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO CUSTOMER, NOR TO ANYONE ELSE, OF ANY KND AND HOWSOEVER CAUSED, WHETHER BY THE VEHICLE, OR THE REPAIR, MAINTENANCE, OR EQUIPMENT OF THE VEHICLE, OR BY THE FAILURE OF THE VEHICLE, OR INTERRUPTION OF SERVICE OR USE OF THE VEHICLE RENTED UNDER THIS AGREEMENT. CUSTOMER HAS INSPECTED AND IS FULLY FAMILIAR WITH THE VEHICLE AND ACCEPTS THE VEHICLE "AS IS" AND "WITH ANY AND ALL FAULTS". NO DEFECT IN OR UNFITNESS OF THE VEHICLE AND NO LOSS OR DAMAGE THERETO AND NO OTHER CONDITION OR CIRCUMSTANCE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE UNAVAILABILITY THEREOF FOR ANY REASON WHATSOEVER, SHALL RELIEVE CUSTOMER OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR RESULT IN THE ABATEMENT OR SUSPENSION OF ANY SUCH OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIG TRUCK RENTAL SHALL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE VEHICLE OR THE USE, OPERATION OR FUNCTIONING OF THE VEHICLE. In addition to, and without limiting the provisions of this Section, Customer confirms that in entering into this Master Agreement and by accepting each Vehicle rented (1) it has relied solely on (i) its knowledge and (ii) its inspection of each Vehicle, and (2) it has not relied on any promise, affirmation, description, or other statement by Big Tnrck Rental, all of which are superseded by this Master Agreement Customer authorizes the deletion of any safety equipment and accepts all liability for injury or loss incurred thereby. 5. Location of the Vehicle: Inspections: Customer shall keep each Vehicle in Customer's possession and control at Customer's place of business or job site, except that the Vehicle may be moved in the normal course of Customer's business or to such other location to which the Vehicle may be moved with the prior written consent of Big Tmck Rental. Big Truck. Rental may, without notice to Customer, at any time during normal business hours, enter the premises where any Vehicle owned by Big Tmck Rental is located and inspect the same. 6. Repairs: Maintenance: Use:: Alterations: Customer shall perform and pay for all normal, periodic and other basic service, adjustments, and lubrication of any Vehicle in its control and possession, including, but not limited to: checking the fuel, oil and water levels of the Vehicle before each daily shift, and supplying same; checking cooling system (engine only); and checking fire pressures and battery fluid and charge levels weekly. Customer shall, at its sole expense and cost, keep any and all Vehicles in good repair, condition and working - - <- .- - order and furnish, at its sole expense and cost, .all labor, parts, materials and supplies required therefoY; including performing, or having performed, an A service on each Vehicle, replacing engine oil and filters, ` every three hundred (300) hours and providing all service suggested by the manufacturer of the Vehicle: - Customer will maintain accurate and complete records and logs of all repairs to and maintenance on each Vehicle; Customer will famish copies thereof to Big Truck Rental and will allow Big Truck Rental to inspect such records and logs at any time driring normal business hours. Each Vehicle shall at all times be used solely for commercial or business purposes, and shall be operated in a careful, safe and proper manner and in compliance with all applicable laws, roles, regulations, ordinances and insurance requirements. All Vehicles rented. are licensed for travel on the Federal Highways in 48 States. Any and all state or local permits for state or county road use, waste pickup or disposal is the responsibility of the Customer. Any modifications or additions to the Vehicle required by any governmental entity shall be promptly made by Customer at its sole expense and cost. No Vehicle shall be .used, operated, or driven (i) to carry person other than the driver, or employees of'the Customer, or (ii) to transport property for hire, unless the necessary and applicable permits and licenses have been obtained by Customer which are the sole and exclusive responsibility of Customer. The Vehicles rented under this Master Agreement and the corresponding Supplemental Agreements are owned by and operated under DOT numbers assigned to Big Tmck Rental. No Vehicle identification, of any kind, shall be removed, covered, or defaced in any way. If the Vehicle is used in violation of any part of this Section, or is obtained from Big Tmck Rental by fraud or misrepresentatin, or is used in furtherance of any illegal purpose, all use of the Vehicle is and salt be deemed without Big Truck Rental's permission. Each Vehicle shall be operated only by a. qualified operator, licensed where required by the law of the state or states in which the Vehicle is being operatind in, who is either the Customer or an authorized operator and'employee of Customer. The use of a Vehicle by Customer or its employees shall be at Customer's sole risk and subject to the terms and conditions of this MasterrAgreement. Without the prior written consent of Big Truck Rental, Customer shall not make any modifications or additions to or changes in any Vehicle except as may be` required in order to .. comply with or under this Section. All modifications or additions to or changes in a Vehicle shall belong. to and immediately become the property of Big Tmck Rental, without chazge or cost to Big Truck Rental, and shall be returned to Big Tmck Rental with the Vehicle upon the expiration or earlier termination of this Master Agreement unless Big Truck Rental notifies Customer to remove any of the same, in which case Customer shall promptly do so at its sole expense and cost without causing damage to the Vehicle or impairing its operation in any way. Short term recitals are not subject to the International Fuel Tax Agreement (IFTA). Therefore, all fuel tax and reporting thereof is the responsibility of the Customer. Any violations and/or fines due to violation of the laws regarding fuel taxes and reporting shall be the sole responsibility of the Customer. 7. Risk of Loss: Damage: Customer. assumes and shall beaz the risk of loss and damage to any Vehicle from any cause whatsoever, regardless of whether the risk.is insured. Customer's failure to perform proper repairs and maintenance, as described in Paragraph 6, shall provide an irrefutable presumption that Customer is liable for any mechanical damage to the Vehicle and that any such mechanical damage is the result of the Customer's failure to maintain. Customer will immediately notify Big Tmck Rental of any damage to, or loss, desctmction, or theft of the Vehicle or of any part thereof. with the full details of the occurrence. Big Truck Rental documents the condition of the Vehicles rented upon delivery to the Customer, and again when the Vehicles are returned. If the Vehicle is damaged or partially lost or destroyed, Customer shall, at its sole expense and cost, promptly repair the Vehicle in a permanent manner and in its same condition and working order as at the acceptance of the Vehicle by the Customer, using only the best pazts and materials that aze available. Failure for the Customer to repair the Vehicle before returning it to Big Truck Rental shall result in Big Truck Rentat back billing the Customer for the damages, and the Customer shall continue to be obligated to pay the Rental Charges, under and in accordance with Section 2 hereof, until such time as the Vehicle is again operable. If the Vehicle is titally lost (including by theft) or destroyed or if it becomes a constructive, agreed or compromised total loss, Customer shall promptly pay Big Truck Rental the purchase price of the Vehicle (the "Termination Payment"); and until such time as Customer makes the Termination Payment, Customer shall continue td: be obligated to pay the Rental Charges under and• in accordance with Section 2. hereof. Without. relieving - Customer of its obligation to make the Termination Payment and without defemng that obligation, Big Truck Rental will apply toward the Termination Payment any amounts received by and payable to Big Truck Rental ' under this Master Agreement or any Supplemental Agreement and any payments which Big Truck Rental receives on account of such total loss or such constructive, agreed or compromised total loss under the insurance. maintained pursuant to Section 8. Upon receipt of the Termination Payment and performance- by _ Customer of all of its other obligations under. this Master Agreement and corresponding Supplemental Agreements, Big Tmck Rental will transfer and assign to Customer, without recourse, any remaining rights which Big Tmck Rental has under such insurance and, to the extent permitted by the insurer in writing, any title and interest which Big Tmck Rental has in the Vehicle. Big Tmck Rental's transfer of any title and interest in the Vehicle will be "AS IS, WHERE IS",'SUBJECT TO THE PROVISIONS OF SECTION 4. All replacements, repairs, or substitutions of parts or equipment shall be at the cost and expense of the Custbmer and shall be accessions to the Vehicle and shall belong to and immediatly become the property of Big Truck . Rental. 8. .Insurance: Until all of Customer's obligations under this Master Agreement and all corresponding Supplemental Agreements have been paid and performed in full, Customer will, at its sole cost and expense, maintain in force and effect an insurance policy of public liability and property damage with bodily injury and death liability limits of not less than $1;000,000 per occurrence and in the aggregate and property damage liability limits of at least $1,000,000 on a primary and not excess or contributory basis against itsliability for damages sustained by any person or persons as a result of the maintenance, use, operation, storage, erection, dismantling, servicing or transportation of all Vehicles rented hereunder; but, in any event, the amount and terms of the insurance will be such that no insured under the policy will be a co-insurer of any- of the risks covered by the policy. The coverage may have only such exceptions as Big Truck Rental approves in writing. The insurance will be maintained only with insurers which aze licensed in the state or states in which the Vehicles will be operated and which are rated not lower than "A" in Best's Insurance Reports ("Best's") with a Financial Category Size of at least,"XII" in Best's("Approved Insurers"). Big Truck Rental will be named insured without liability for premiums and will be the sole loss payee under the insurance. The insurance will provide for prompt written notice to Big Tmck Rental of any failure to pay premium and for at least thirty (30) days' prior written notice to Big Tntck Rental of cancellation or non-renewal of the policy and of any material change in or to the coverage or in any of the other terms of the insurance. On the execution of this Master Agreement and at any other time on request by Big Tnrck Recital, Customer will famish Big Tmck Rental with a certificate issued by the insurer or by an insurance broker.licensed in the state or states in which the Vehicles will be operated confirming that the insurance coverage required under this Section is maintained and in full force and effect, and upon Big Truck Rental's request shall provide Big Truck Rental with a true and correct copy of the policy in effect. Customer irrevocably appoints Big Truck Rental as its attorney-in-fact to make claim for and to execute any documents in connection with any claim for, to receive payment of, and to execute _. , and endorse all checks, drafts or other instruments received as payment for any loss,- damage or destmction covered by the insurance. Customer will' not settle any claim under the insurance without Big Tmck Rental's prior written consent, and Big Tmck Rental may settle any claim under the insurance for such amount and on such terms as Big Tmck Rental, in its sole and absolute discretion, determines; and Big Tmck Rental will incur no liability to Customer by reason of any- settlement which it makes. Customer will execute such documents as Big Tmck Rental requests to confirm or effect the provisions of this entire Section 8. 9. Customer's Indemnity: Customer will indemnify-Big Truck Rental against liability and hold Big Tmck Rental harmless .from and pay any loss,- damage, cost, expense, fee, fine or penalty (including, without limitation, attorneys' fees as provided in Section 16), regardless of whether the same is also indemnified against by any other person, which Big Tmck Rental in any way incurs arising out of or in connection with (i) this Master Agreement or any .corresponding Supplemental Agreement; or' (ii) the delivery, possession, use;- - , operation or return of any Vehicle; or (iii) any condition of or other matter relating to any Vehicle during the term of this Agreement or any extension hereof REGARDLESS OF HOW OR WHEN THE. CONDITION AROSE AND REGARDLESS OF WHETHER IT ARISES OUT OF ANY ACT, OMISSION OR NEGLIGENCE OF Big Tmck Rental, or (iv) any other matter relating to any Vehicle after the term ofthis Master Agreement to the extent such matter arises from a condition that arose or a modification, addition or change that was made during the term of this Master Agreement or any extension hereof or at any other time when the Vehicle was in the possession or under the control of Customer, or (v) the failure by Customer to perform any of its obligations under this Master Agreement. Customer will pay any expenses and cost (including, without limitation, attorneys' fees as provided in Section 16) which Big Tmck Rental incurs in enforcing or defending (i) any of its rights or remedies under this Master Agreement or otherwise granted- to it by law or in equity, or (ii) any provision of this Master Agreement, or (iii) any of Customer's obligation under this Master Agreement. The provisions of -this Section 9 will survive the termination or expiration of this Master Agreement. l0. Return of Vehicles: At the expiration of each Supplemental Agreement, Customer shall; at its expense, return the Vehicle rented under the Supplemental Agreement to and into the custody of Big Tmck Rental, at its business location set forth on the first page of this Master Agreement or at such other place as Big Truck Rental. specifies in writing, in the same repair, condition and working order as at the commencement of the Supplemental. Agreement, reasonable, wear and tear resulting from proper use expected. Failure for the Customer to repair the Vehicle before returning it to Big Tmck Rental shall result in Big Truck Rental back billing the Customer for the damages, and the Customer shall continue to be obligated. to pay the Rental Charges, under and in accordance with Section.2 hereof, until such reasonable time as the Vehicle is again. operable. All Vehicles shall be retumed free of trash in the cab, body, hopper, and behind the packing blades or they will be subject to a clean out fee and any related disposal costs. 11. Tres: It is the •responsibility- of the Customer to assure that the tires .returned with the Vehicle aze in substantially the same condition as the tires that were on the Vehicle at the beginning of the rental term. Upon the retum of the Vehicle, each fire is inspected by Big Tmck Rental and those tires wom substanmtially more than at the inception of the rental term shall be back billed. In addition, any drive tires replaced during the duration of the rental period shall be replaced with recapable casing; the Customer will be back billed for the cost of a casing for any casing deemed un-recapable by Big Tmck Rental's fire vendor. All Steer tires must be replaced with a virgin tire. No exceptions. 12. Default bxCustomer• Remedies of Big Truck Rental: Waiver of Bond: Atiy of the following events or conditions shall constitute an event of default: (1) Customer's failure to pay when due any Rental Charges or any other amount payable; (2) Customer's failure to perform, or its violation of any other term, covenant or condition of this Master Agreement or any Supplemental Agreement and the failure to cure same within five days after the occurrence; (3) seizure of the Vehicle under legal process; (4p failure of Customer to report, at the beginning of-each week or at the request of Big Track Rental, the miles and hours on the track or (5) any reasonable ground for insecurity on the behalf of Big Track Rental with respect to the performance of Customer's obligations hereunder. While an event of default exists, Big Track Rental'shall-have the right to execrise any one or more of the following remedies: (1) terminate this Master Agreement and all Supplemental Agreements held with the Customer; (2) sue for any damages incurred by Big Tnck Rental due to the event of default and/or termination of the contract between Big Track Rental and Customer; (3) require Customer to redeliver any and all rented Vehicles immediately to Big Track Rental as provided in Section 10; or (4) repossess any and all Vehicles without notice, legal. process, prior judicial hearing, or liability for trespass or other damage, Customer voluntarily and knowingly agrees to and waives the same. If Big Truck Rental attempts but is unable to repossess the Vehicle for any reason whatsoever, Big Truck Rental' may, at its option, declare the Vehicle to be a total loss, in which case Customer shall pay to Big Truck Rental the Termination,-.:.- ___' _: Payment and the provisions of Section 7 will apply. All of the foregoing remedies are cumulative and are-in , ; addition to any other rights or remedies available to Big Track Rental at law-or in equiry..Big Truck Rental . may enforce any of its rights separately or concurrently and in such order as Big Track Rental determines: Iri any proceeding by .Big Truck Rental to recover possession of the Vehicle, Big Track Rental shall not be required to post a bond or other security or,undertaking, and Customer hereby waives-any right to require, and any requirement for, any such bond or other security or undertaking. 13. Pavments big Truck Rental: Interest: If Customer fails to pay any amount which. it is required to pay or 8to perform any of its obligations under this Master Agreement .and the corresponding Supplemental Agreements and Extension Agreements, Big Truck Rental may, at its option, pay such amount or perform such obligation; and. Customer shall, on demand by Big Truck Rental, reimburse Big Truck Rental for the amount of such payment or the cost of such performance. Customer shall pay Big Track Rental interest at one-and-a half percent (1 I/2%) per month or at the highest lawful rate that may be charged on amounts payable by Customer under any provision of this Agreement {i) from the due date thereof until it is paid, or (ii) in the case of any- amount paid or any cost incurred by Big Track Rental, from the date of such payment or the expenditure of such cost until Big, Truck Rental receives reimbursement therefor. 14. Assignment: =this Master Agreement and all Supplemental Agreements are agreements for rental only and Customer shall- not be deemed an agent, or employee of Big Truck Rental for any purpose. Customer will not sell, assign,. transfer, lease, pledge or otherwise encumber any. Vehicle or any of Customer's rights under this Master Agreement or corresponding Supplemental Agreements or in or to the Vehicle, or permit any of its rights under this Master Agreement or corresponding Supplemental Agreements to be subject to any lien, charge or encumbrance of any nature. Big Track Rental may, subject to the terms of this Master Agreement and coaesponding Supplemental Agreements or Extension Agreements, sell,. transfer or assign any of its rights in or to any Vehicle or under this Master Agreement. Subject to the provisions of this Section, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of.Big Truck Rental and Customer. 15. Termination: This Master Agreement will become effective upon its execution and continues until it is terminated by an affirmative revocation by either party or as provided herein. Each Supplemental Agreement terminates at the expiration of the rental term as set forth in the terms of the Supplemental Agreement (the "Rental Term"), or at the expiration of any mutually-agreed upon Extension Agreement. If the Customer wishes to terminate its Supplemental or Extension ,Agreement prior to the stated expiration ("Early Termination") it must either (a) return the Vehicle to Big Truck Rental in a rentable condition, or (b) inform Big Track Rental five (5) days prior to the proposed Eazly Termination date that the Customer wishes for Big Truck Rental to pick up its Vehicle. - r 16. Governing Law: Jurisdiction: Venue:. Tlii§ Master Agreement and all Supplemental .Agreements shall be governed by and constmed in accordance with the law of the State of Florida and jurisdiction and venue shall properly lie in the County Court in and for Hillsborough County,-the Thirteenth Judicial Circuit Court of the State of Florida, or in the United States District Court for the Middle Distric of Florida (Tampa Division). 17. Atlorneys' Fees: Customer agrees to pay for all of Big Truck Rental's reasonable legal fees and costs, including, without limitation,. disbursements, court costs, the cost of appellate and post judgement proceedirigs, the cost of bankruptcy proceedings, including, but not limited to filing and contesting.a clairrt, and paralegal and law clerk fees, whether or not an action is brought, for the services of counsel employed to enforce any of the obligations contained in this Master Agreement or the corresponding Supplemental Agreements. 18. Severabilit~of Provisions: If any provision of this Master Agreement or the Supplemental Agreements, kr.: -__ _<_:.' the application of any such provision to any person or circumstance is held invalid, the remainder of this Master Agreement or Supplemental Agreement and the application of such provision, other than to the exteht it is held invalid, will not be invalidated or affected thereby. 19. Entire"Agreement• Amendment and Waiver Facsimile and Counlernarts: This Master Agreement and the corresponding Supplemehtal Agreements and Extension Agreements constitute the entire agreement and understanding between Big Tmck Rental and Customer relating to the Vehicle and the subject matter hereof, and supersedes all prior agreements or understandings, whether written or oral, among the Parties to this Master Agreement and with respect to the subject matter hereof. This Master Agreement and any Supplemental Agreement may be amended only by written agreement executed by all of the Parties hereto, and no provision of this Master. Agreement or corresponding Supplemental Agreement and no right or obligation of either party under this Master Agreement or corresponding Supplemental Agreement may be waived except by written agreement executed by the-party waiving the provision, right or obligation. A facsimile of this Master Agreement and/or corresponding Supplemental Agreement, or any part thereof, shall be enforceable as an original. This Master Agreement or corresponding Supplemental Agreement may be executed and enforced in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and -the same instrument. 20. Secfion Headiness Section headings contained in this Agreement are for purposes of reference only~and shall not affect the meaning or interpretation of any provision of this Master Agreement. 21. Waiver of Trial by Jury: THE Customer HEREBY EXPRESSLY CONSENTS TO THE,WAIVER OF THE Customer's RIGHT TO TRIAL BY JURY. . By execution of this Master Rental Agreement, Customer acknowledges tliat all. Vehicles rented hereunder are rented to and in accordance with the terms, conditions, and provisions of this Agreement and evidences such Agreement by signing below. DRIVER'S LICENSE INFORMATION IS MANDATORY FOR RENTAL. Customer's Signature: Date: Customer's Name: Stephen Fitzgibbons Tax ID#: 74-6001885 Driver's License #: State: Prepared By: Customer's Agents who aze Authorized to Effectuate the Rental of a Vehicle under this Master Agreement are: Agent's Name: Agent's Name: Agent's Name: Agent's Name: Dover's License #: State: Dover's License N: - State: Dover's License k: ~ --State: Dover's License ll: -, - ~ State: Big Truck Rental is not liable for leaving a Vehicle to an~of Customer's agents that are not listed above Guarantee In order to induce Big Truck Rental, L.L.P., a Florida limited liability partnership. ("Big Truck Rental") to enter into this Master Rental Agreement, between Big Truck Rental. and Customer name above, which shall include any and all amendments hereto and extensions hereof, and in consideration thereof, the undersigned unconditionally and irrevocably guarantees payment and performance by Customer, when due, of all obligations under this Master Agreement. In the event of default under this Master Agreement by Customer, the undersigned promises to pay the full amount of all obligations, damages and other sums which may be due Big Truck Rental, together. with all cost's of collection, including attorneys fees and court costs, whether for primary appellate or bankruptcy proceedings. The guarantor will be benefitted if Big-Truck Rerital enters into the Master Agreement with Customer because the und(asigned has an interest, directly or indirectly, in the transaction. GUARANTOR: I, , as (Print Name) have read this Guarantee and agree to its terms. (Si~amre) of (Title) ~ < - - (Date) ' ). (Company)