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HomeMy WebLinkAboutSolid Waste Systems, Inc. - Truck Rental Agreement SOLID WASTE SYSTEMS,INC. dba SWS EQUIPMENT,INC. TRUCK RENTAL AGREEMENT BILLING INFORMATION(PLEASE PRINT) CUSTOMER:City of Yakima ADDRESS:2301 Fruitvale Blvd. CITY:Yakima STATE: WA ZIP: 98902 PHONE:(509)406-1715 CONTACT:Kerry Jones NUMBER OF INVOICES REQUIRED: 1 EQUIPMENT LOCATION INFORMATION(IF DIFFERENT FROM BILLING LOCATION) CUSTOMER: Same ADDRESS: CITY: STATE: ZIP: PHONE:( ) CONTACT: The Customer agrees to pay a monthly rental fee of$9,400.00 per month directly to SWS Equipment,Inc.Damage/Cleaning Deposit$1,000.00. First month's payment and the damage/cleaning deposit are required to activate rental. Rentals need to be paid in advance of the usage of the unit (daily/weekly/monthly). Rental fee is firm and will not be increased as long as the unit is in service. Customer is responsible for transportation to and from Solid Waste Systems,maintenance and repairs including replacing tires(no retreads)at time of returning truck. All tire brand names and model numbers to match. Unit needs to be clean and free of all trash&debris. In addition,the customer agrees to pay all permits and licensing fees for duration of rental. Rental period is for 1 Month Truck Model No.: 2019 Pete 520 w/Wittke Starlight 40yd FL(SWS# 180007)VIN No.:3BPDL70X1 KF103981 /SN:FL19705EGR Container Model No.: N/A Serial No.: N/A Size: N/A Additional Equipment: N/A TERMS AND CONDITIONS I. Agreement. This document is and for all intents and purposes shall constitute a legally binding contract by and between Solid Waste Systems,Inc.dba SWS Equipment,Inc.a duly organized corporation,which shall hereinafter be referred to as the"Company"and the person,firm,or corporation more particularly identified above and below,which said person,firm,or corporation shall hereinafter be referred to as the"Customer". 2.Services Rendered. The Company agrees to furnish the solid waste collection equipment specified above and the customer agrees to make the payments as provided for herein and abide by the terms and conditions of this agreement. 3. Binding Effect. This agreement shall constitute a legally binding contract on the part of the Company and the Customer and their respective heirs,successors,and assigns in accordance with the terms and conditions set forth herein. 4. Term. This agreement shall be in full force and effect for an initial term as signified above and shall default to a month-to-month lease thereafter based on availability/commitment of listed truck. Upon termination of the agreement,Company shall be entitled to immediate possession of equipment. 5. Payments. The Customer shall pay the Company on a monthly basis for the services and/or equipment furnished by the Company in accordance with the charges and rates provided for herein. The Customer shall make payments to the Company within thirty(30)days of the receipt of an invoice. The company may impose and the Customer agrees to pay a late fee for all past due payments which said late fee shall be 5 percent(5%)of the monthly payment but in no event in an amount which shall exceed the maximum rate for same allowed by applicable law. 6. Liability for Equipment. The Customer acknowledges that it has the care,custody,and control of the Company's equipment,which is owned by the Company and accepts responsibility for the equipment and its contents at all time except when it is being physically handled by the employees of the Company. The Customer, therefore,expressly agrees to defend, indemnify,and hold the Company harmless from and against any and all claims for loss or damage to property,or injury to or death of any person or persons resulting from or arising in any manner out of the Customer's use,operation,or possession of any of the equipment furnished under this agreement,except for such claims resulting from or arising out of the Company's negligence.The Company agrees to defend,indemnify,and hold the Customer harmless from and against any and all claims for injury to or death of any person or persons resulting from or arising out of a defect in any of the equipment furnished under this agreement or resulting from or arising out of the Company's negligence. A proof of insurance certificate must be provided. 7. Taxes.The Customer shall be responsible for and shall pay any and all local,municipal,and/or state taxes,which shall be imposed upon the rental unit during the term of this agreement and any extension thereof and shall save the Company harmless from all liability in connection therewith. 8. Failure to Perform. In the event the Customer terminates this agreement prior to the expiration of its term or any extension thereof,or breaches its obligations pursuant to this agreement,the Customer agrees to pay the Company,as liquidated damages a sum of money to the total of the Customer's billings for any six months during which this agreement was in full force and effect. The parties hereto expressly agree that in computing the liquidated damages described in this section,that the Company may select those months in which the Customer's billings were the highest.The parties hereto expressly agree that the award of liquidated damages would be particularly appropriated in the event of a breach by the Customer of this agreement taking into consideration the Customer fails to pay the Company all amounts which become due under this agreement or fails to perform any of its obligations pursuant to this agreement,and the Company refers such matter to an attorney for collection,the Customer shall pay,in addition to the amount due,any and all costs incurred by the Company as the result of such action including,to the extent permitted by law, reasonable attorneys fees and court costs. 9. Applicable Law. If any provision of this agreement shall contravene existing law in a jurisdiction in which enforcement thereof is sought,such provisions as contravene applicable law and only such provisions shall be unenforceable;however,all provisions of this agreement,which shall not exist in violation of applicable law,shall remain in full force and effect. 10. Excused Performance. Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond reasonable control including,but not limited to,strikes, riots,fires,and acts of God. 11. Assignment.The Customer shall not assign this agreement without the prior written consent of the Company;however,the Company may assign this agreement without the Customer's consent to any person,firm,or corporation affiliated with the Company,with which the Company may merge or consolidate,or to which it may sell all or a substantial portion of its assets. 12. Warranty.The company warrants that to the best of our knowledge and belief the aforesaid property is free of faults or deficiencies which would affect its safe and dependable operation under normal and prudent usage. SWS Equipment,Inc,is responsible for any part replacement or maintenance if/required,qir during the rental term. SWS Equipment,Inc. CUSTOMER NAME: 1(1�- ►f I�'IX�ly PO BOX 13040 1^ 1 ' �1 6515 E.NIXON V 1/(/ SPOKANE,WA 99213 3040 BY(SIGNATURE): (509)533-9000 FAX:(509)533-1050 PRINT NAME el mild/At EFFECTIVE AND TITLE: flint, CONTRACT DATE: \\ / / \Cl�` L-E1A4C 1 J t 1.t:2y'1ktr BY/TITLE DATE: it / ` / q rentconfrract truck.doc 1 O \qn , OD CITY CONTRACT NO: - , RESOLUTION NO:.