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AGR - Environmental Rental Services, Ltd. - 2018-12-05r MASTER LEASE AGREEMENT Environmental Rental Services, Ltd., P.O. Box 192, Rockdale, TX 76567, hereinafter called Lessor, and COSTA MESA SANITARY DISTRICT whose address is _lbL:�aC,nV VAVC COSTA MESA CA .ta hereinafter called Lessee, enter into this Master Lease Agreement beginning on 12/5/18 and ending on OPEN im ongoing rental of various pieces of pei Nunal property, hereinafter called Equipment as described in the Rental Attachment(s) attached hereto or to be attached hereto as the same are executed by the Lessee during the term of this agreement, or any extension hereof. The Equipment is to be delivered to Lessee at the location specified in the Rental Attachment(s) pertaining to each piece of equipment for the minimum rental period of at least one (1) day commencing on the date specified in the Rental Attachment(s) executed by Lessee to be a part of this Master Lease Agreement. As part of the consideration hereof, Lessee hereby agrees to perform the terms and conditions set forth below with respect to all of the Equipment covered by this Master Lease Agreement and to pay to Lessor(s) address shown above the rental amount(s) for all Equipment subject to Lessee(s) use and control that are covered by this Master Lease, IFTA Mileage Reporting Requirements Addendum and the Rental Attachment(s) that are or are to be a part of this Master Lease Agreement, hereinafter collectively referred as the Lease. Terms and Conditions 1. This lease contemplates the continuous rental of the Equipment at the agreed rate of rental as set forth in the Rental Attachment(s) executed as part of this Master Lease Agreement, until the Equipment is duly returned by Lessee to Lessor's location where Lessee took possession of the Equipment. Provided however, the Lessee shall be liable for the full rental for the entire period even though the Equipment is returned to the Lessor prior to the termination of the minimum rental period or of any subsequent rental period. 2. Time, and each of the terms and conditions hereof are, expressly declared to be of the essence of this agreement. The acceptance of any payment after the same is due or the failure of the Lessor in any one or more instances to pursue any of the remedies hereunder upon default by the Lessee in performance of any of Lessee's obligations, shall not constitute a waiver of this or any other provision of this contract and shall not prevent the Lessor from exercising any of the remedies hereunder on account of any past or future defaults either in the making of payments hereunder provided or in the performance of the various obligations hereof by the Lessee. If, for any reason, payments are not made as herein specified, said payments shall bear interest at the highest legal rate per annum from the date due until paid. However, the payment of this interest shall not waive the Lessor's right as hereinafter stipulated, to terminate and forfeit this lease 3. Upon default by Lessee in any payments due, or which may become due hereunder, for the period of ten (10) days, or a failure by Lessee to observe any of the terms and conditions hereof, or if the said Equipment is levied on or seized by any public officer or if Lessee bankrupt or insolvent, or if a petition in bankruptcy is filed by or against Lessee, or if Lessee dies, Lessor, in addition to its other rights and remedies hereunder, without demand, notice or legal action, may immediately take possession of the Equipment described herein, and this Lease shall thereupon terminate and forfeited at the option of Lessor. In the event of any such action, the Lessee agrees to pay the rental due, damages for any injury of the Equipment, cost of the removal of said Equipment from the possession of the Lessee, and all the freight, storage, transportation, and other charges incurred by such removal, shipping, and return to Lessor at its place of business. 4. Lessee agrees, during the period covered by this Lease, to indemnify and reimburse the Lessor against any and all loss or damage to said Equipment. 5. A. Lessee shall, during the term of this Lease, at its sole cost and expense, maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence with a $2,000,000 general aggregate limit. The CGL general aggregate limit will apply separately to each project site or location occupied by Lessee. CGL insurance shall cover liability including, but not limited to, liability arising from premises, operations, independent contractors, products -completed operations, personal injury, advertising injury, and contractual liability. Lessor shall be included as an additional insured under the CGL policy using ISO Additional Insured Endorsement CG20101185 (Form B) or an equivalent endorsement. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by Lessor. Lessee and its insurer waive all rights against Lessor, its officers, directors, and employees for recovery of damages to the extent these damages are covered by the CGL insurance pursuant to this Lease. B. Lessee, during the term of this Lease, at its sole cost and expense, shall maintain business auto liability insurance with a limit of not less than $1,000,000 each accident. Such business auto liability shall cover all risks of loss or damage to persons or property arising out of the ownership, maintenance, use, or operation of any auto or vehicle during the term of this agreement, regardless of fault. Lessor shall be named as an additional insured under Lessee's business auto liability insurance policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by Lessor. Lessee and its insuror waive all rights against Lessor, its officers, directors, and employees for recovery of damages to the extent these damages are covered by the business auto liability insurance pursuant to this Lease. A. Lessee shall, during the term of this Lease, at its sole cost and expense, maintain business auto physical damage insurance to include collision and other than collision coverage parts on the vehicle(s) or truck(s) specified in this Lease. The agreed amount of insurance specified in the business auto physical damage insurance shall not be less than the replacement value of the vehicle(s) or truck(s) as specified in this Lease. The applicable deductibles under the business auto physical damage insurance shall not exceed $1,000 per occurrence on any one coverage part. Lessee shall be responsible for payment of the deductible portion of any claim. Lessor shall be named as loss payee with respect to any vehicle(s) or truck(s) covered by this insurance. B.Lessee shall, during the term of this Lease, at its sole cost and expense, maintain workers compensation and employers liability insurance. The employers liability limits shall not be less than $500,000 each accident for bodily injury by accident and not less than $500,000 each employee for bodily injury by disease. Lessee and its insuror shall waive all rights against Lessor, its officers, directors, and employees for recovery of damages to the extent these damages are covered by workers compensation and employers liability insurance pursuant to this Lease. C.Lessee shall, during the term of this Lease, at its sole cost and expense, maintain umbrella liability insurance with a limit of not less than $5,000,000 per occurrence with a $5,000,000 policy aggregate. Such umbrella liability insurance shall be excess of the commercial general liability insurance, business auto liability insurance, and employers liability insurance as specified in this Lease. Lessor shall be named as an additional insured under this umbrella liability policy. This insurance will apply as primary insurance with respect to any other insurance or self-insurance programs maintained by Lessee. Lessee and its insuror waive all rights against Lessor, its officers, directors, and employees for recovery of damages to the extent these damages are covered by the umbrella liability insurance pursuant to this Lease. D. Lessee shall, during the term of this Lease, at its sole cost and expense, maintain rental reimbursement insurance to cover rental obligations under this Lease. E. All policies of insurance shall be written through insurance companies with an A.M. Best rating of A -VII or better. Prior to the release of the Equipment by Lessor to Lessee, Lessee shall furnish to Lessor a certificate(s) of insurance, executed by a duly authorized representative of the insuror, showing compliance with insurance requirements sets forth in this Lease. All certificates shall provide for thirty (30) days written notice to Lessor prior to cancellation or material change of any insurance referred to herein. Lessor shall have the right, but not the obligation, not to release any Equipment to Lessee until such certificate(s) is received and approved by Lessor. Failure to maintain the required insurance shall constitute a default by Lessee on this Lease. F. The insurance requirements set out in this Lease are independent from all other obligations of Lessee under this Lease and apply whether or not required by any other provision of this Lease. If Lessor approves the subletting of the Equipment by Lessee, the Sub -lessee shall be required to furnish the same insurance coverage as required of Lessee and the Sub lessee shall furnish to Lessor evidence that such insurance coverage is in effect. Lessor shall have no obligation to the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to procure or maintain said insurance, Lessor will have the right, but will not be obligated, to obtain such insurance. In that event, Lessor will notify Lessee of such payment and Lessee will repay to Lessor the cost thereof within 15 days after such notice is mailed to Lessee. 6. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges, fines and taxes (local, state, and federal, including but not limited to all costs of permits and DOT charges, fines and fees) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding however, all taxes on or measured by Lessor's rental income. If Lessee fails to pay said charges, taxes or fines, Lessor will have the right, but will not be obligated, to pay such charges, taxes or fines. In that event, Lessor will notify Lessee of such payment and Lessee will repay to Lessor the cost thereof within 15 days after such notice is mailed to Lessee. 7. The Lessee shall be responsible for all IFTA reporting for each state in which the Equipment is used as more particularly set forth in the IFTA Reporting Requirements Addendum signed by Lessee. 8. Lessee agrees not to remove any of the Equipment from the City or County into which it is shipped without giving immediate written notice thereof to the Lessor. Further Lessee agrees not to remove any part of the Equipment from the state into which it was shipped without first obtaining written permission from the Lessor. Cust.Initi 9. Lessee agrees during the period covered by this lease to use said Equipment in a careful and prudent manner, to make, at Lessee's expense, any and all repairs thereon which may be necessary to keep said Equipment in as good of condition as it is now, reasonable wear and tear thereof excepted, and to pay all operating and maintenance expense, including but not limited to oil changes, seal replacements, cleaning expenses, etc., until all the above described Equipment is returned and actually received by Lessor. Upon the termination of this Lease, Lessee agrees to return the said Equipment to Lessor in as good condition as received, reasonable wear and tear excepted. Lessee further agrees to use said Equipment only for the purposes recommended by the manufacturer thereof and further not to load same beyond the capacity recommended by the manufacturer. Lessee shall not permit the Equipment to be driven by drivers who are not appropriately licensed to drive the Equipment and shall not permit the Equipment to be operated by operators who have not been trained to operate the Equipment. Lessee shall operate the Equipment in accordance with all manufacturers' operating instructions and recommendations. 10. Title to the said Equipment shall at all times vest in Lessor unless transferred to Lessee through sale. Lessee agrees not assign or transfer this Lease or any interest herein, or sublet said Equipment, without the written consent of Lessor, which Lessor shall not be required to give, nor shall Lessee mortgage the Equipment or permit any liens or claims to be filed against the Equipment while in the Lessee's possession. Should, for any reason whatsoever, any lien be filed against said Equipment or any claim be made thereto, or the Equipment be attached or levied upon, Lessee agrees to immediately notify the Lessor in writing thereof and to take necessary steps to protect the Equipment against said claims. 11. All freight and switching charges, demurrage, transportation charges, loading and unloading charges, both ways, are to be paid by Lessee. Return transportation charges are to be prepaid by Lessee. 12. Unless this Lease is terminated by Lessor as provided herein, this Lease shall continue in force and effect, and Lessee shall be liable to Lessor for rental of the Equipment at the rate of rental agreed in this Lease, until the last to occur of the following: (a) the Equipment is returned by Lessee to Lessor's location where Lessee took possession of the Equipment at the beginning of the lease term, (b) the termination of the minimum period set forth above, and (c) if the Equipment is not returned to Lessor in as good a condition as when Lessee took possession of the Equipment, reasonable wear and tear excepted, when repair of the Equipment has been completed. 13. LESSEE SHALL DEFEND (AT LESSEE'S EXPENSE AND WITH COUNSEL ACCEPTABLE TO THE LESSOR), INDEMNIFY AND HOLD HARMLESS LESSOR FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, OR LIABILITIES, INCLUDING ATTORNEY'S FEES, ATTRIBUTABLE TO PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR DAMAGE TO OR DESTRUCTION OF PROPERTY, INCLUDING THE LOSS OF USE THEREOF (ALL HEREINAFTER CALLED "DAMAGES") CAUSED BY, ARISING OUT OF, RESULTING FROM OR OCCURRING IN CONNECTION WITH THE USE, OPERATION, POSSESSION, HANDLING OR TRANSPORTATION OF THE EQUIPMENT COVERED BY THIS LEASE, WITHOUT LIMITATION. FURTHERMORE, LESSEE SPECIFICALLY AGREES TO DEFEND AND INDEMNIFY LESSOR AGAINST ANY AND ALL DAMAGES REFERRED TO ABOVE CAUSED IN WHOLE OR IN PART BY THE ACTS OR OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF LESSEE, ITS EMPLOYEES AND AGENT OR ANY THIRD PARTY, AND TO DEFEND AND INDEMNIFY LESSOR AGAINST ANY AND ALL DAMAGES REFERRED ABOVE CAUSED IN WHOLE OR IN PARTY BY THE ACTS OR OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF LESSOR. PROVIDED HOWEVER, IN EVERY STATE WHERE THERE IS A PROVISION OF APPLICABLE LAW GOVERNING THIS TERM OF THIS AGREEMENT MAKING VOID OR UNENFORCEABLE ANY SUCH INDEMNIFICATION OF LESSOR WHETHER THE LESSOR IS NEGLIGENT OR AT FAULT IN WHOLE OR IN PART, THEN IN SUCH EVENT SUCH INDEMNIFICATION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW, BUT NOTHING HEREIN SET FORTH SHALL BE DEEMED TO PRECLUDE THE LESSEE'S INDEMNIFICATION OF LESSOR FROM ANY OF THE FOREGOING DAMAGES BY, ARISING OUT OF, OR RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE NEGLIGENCE, GROSS NEGLIGENCE OR ANY OTHER FAULT OF A PARTY OTHER THAN LESSOR, WHETHER OR NOT THE LESSOR IS PARTIALLY NEGLIGENT OR AT FAULT. LESSEE=S OBLIGATION HEREUNDER SHALL NOT BE LIMITED BY THE PROVISIONS OF ANY WORKERS COMPENSATION ACT OR SIMILAR ACT. SUCH INDEMNIFICATION SHALL SURVIVE THE EXPIRATION, CANCELLATION, OR TERMINATION OF THIS AGREEMENT. LESSEE WAIVES ANY IMMUNITY LESSEE MAY HAVE UNDER ANY INSURANCE ACT OR WORKERS COMPENSATION ACT, WITH REGARD TO INDEMNIFICATION OF LESSOR. 14. THE LESSOR SHALL NOT BE LIABLE TO THE LESSEE FOR ANY DAMAGE OR INJURY OCCASIONED BY OPERATION, POSSESSION, OR USE OF THE EQUIPMENT, NOR FOR ANY FAILURE OF SAID EQUIPMENT TO OPERATE, OR ANY DELAYS OCCASIONED THEREBY. 15. The Lessee agrees to pay all taxes, charges or fines which may be levied or assessed upon the Equipment or its use during the teen of this Lease. Additionally, the Lessee shall be responsible for compliance with all federal, state and local regulations, including weight regulations, applicable to the use of the Equipment. 16. If requested by the Lessor, the Lessee, at its own expense, shall furnish a bond in the amount of the value of the Equipment, and with sureties satisfactory to the Lessor, to insure the fulfillment of this Lease. 17. In the event of any legal action with respect to this Lease, Lessor shall be entitled to recover from Lessee reasonable attorney's fees, including attorney's fees incurred at the trial level, including action in bankruptcy court, on appeal or review, or incurred without action, suits or proceedings, together with all costs and expenses incurred in pursuit thereof. 18. It is agreed that this writing and all Rental Attachments signed by the parties as part of this agreement, cover all the agreements between the parties hereto, and no other agreements unless specifically provided for herein, shall be binding on either party. This agreement may only be extended by the signed, written agreement of the parties. 19. The parties agree that this agreement, the IFTA Reporting Requirement Addendum and all Rental Attachments, whether executed at the time this lease agreement is signed or after the execution of the lease agreement shall be effective when a signed copy of the same is received by Lessor. The parties agree that a facsimile or electronic signature of Lessee or Lessee's authorized agent on this lease agreement or any Rental Attachments to this lease agreement shall be an original signature for all purposes, provided however, that if a facsimile or electronic signature is used that the Lessee shall provide the Lessor the original document with the original signature within fourteen (14) business days of the execution of this lease agreement or any attachments that is to be a part of the same. 20. The word Lessor and Lessee as used herein shall be construed to include singular and plural, masculine and feminine, individual and corporate parties, and shall include all employees, agents, successors and assignees of Lessor and all assignees and sub lessees of Lessee with the consent of Lessor as provided above. 21. Lessor and Lessee hereby agree that this transaction is an equipment lease and not a sale or other secured transaction, and that title to the Equipment remains with Lessor. 22. The interpretation of this Lease shall be governed by the laws of the State of Texas. Any lawsuit concerning the interpretation of this Lease or the rights, duties and obligations of either party shall be brought in District Court in Milam County, Texas and all parties consent to the jurisdiction of such Court as to all such actions. 23. If any provisions of this agreement shall be determined to be invalid, unlawful or unenforceable, the remainder of this agreement shall remain enforceable. Any invalid, unlawful or unenforceable provision herein shall be reformed to the extent necessary to render it valid, lawful and enforceable in a manner consistent with the intentions of the parties hereto regarding such provision. 24. Lessee agrees to provide full SDS documentation for any, and all materials used with Lessor's unit or units. The lessee also agrees to the "Clean Return Policy" that the Lessor has provided as part of this lease. Any deviation will result in the unit or units remaining on rent until all conditions are met. Lessor Initials Lessee Initials �. 25. Lessee agrees to have all preventative maintenance, damage repairs, and/or all related maintenance or, wear and tear items completed by Lessor or Lessor's rized agent. All costs associated with PM Service will be billed back to the lessee. Lessor Initials Lessee Initials 26. Lessee agrees to maintain vehicle in accordance with all manufacturer's, and Lessor's recommendations including oil sampling. All preventative maintenance i s must be performed by +� lessee, all parts, oil samples, and materials must be purchased through lessor excluding any lubricants, oils, coolants and/or chassis grease. All the images, and repair items not related to choose preventative maintenance will be performed 100% by Lessor or its authorized agent only 26 or 26 Lessor Initials Lessee Initials Executed in duplicate, one copy of which was delivered to and retained by the Lessee this LESSOR: ENVIRONMENTAL RENTAL SERVICES, LTD. BY: CYA1MIA SAL V4 TIERRA PRINT: TITLE: CYNTHIA SALVATIERRA OFFICE MANAGER Master Lease Agreement (120716) LESSEE: 5TH day of DECEMBER 2018 COSTA MESA SANITARY DISTRICT BY: P T: TITLE: V C-T(C) t DPF / Regen policy and Agreement Customer COSTA MESA SANITARY DISTRICT UNIT CU254 DATE: 12/5/18 In the cab of the rental truck that you have received from us, you will find the DPF (Diesel Particulate Filter) / Regen procedures, these procedures are clearly marked and above visor. All 2008 and newer chassis' are equipped with "next generation emissions" that require Ultra Low Sulfur Diesel Fuel and also the operator to periodically clean or "regenerate" the DPF filter from soot build-up utilizing the ATS (After Treatment System) incorporated on the truck. This process will happen automatically in many cases especially when the unit is driven down the road for any extended period of time. In instances where this does not occur there may be a need for the operator to cycle the automated ATS system, a warning light will indicate this. The supplied instructions should be read and understood by all operators of this truck so they understand what they must do should the truck warn them of a DPS filter build up that requires initiating the ATS cleaning system. ***Warning*** If the truck goes into a DPF build up warning situation and the operator does not initiate the automated ATS cleaning system, the truck will begin to de -rate power and will eventually shut down. If this occurs, the truck will have to be towed to the appropriate chassis dealer for repairs. ****Your company will be responsible for all of these costs**** It is strongly suggested you clearly and completely understand the DPF / Regen warnings and the regeneration process fully prior to leaving with this truck. Should you or any of your operators have any questions regarding this process and what is necessary or required, ask prior to leaving with the truck or call our rental or service department at any of our branch locations listed at the top of this page for clarification and / or explanation. By signing below, I acknowledge that I am authorized to sign this agreement on behalf of the company listed above and agree to abide by this policy. I further understand failure to adhere to these procedures may result in additional repair and / or towing charges to be assessed to my company. 12/5/18 Printed Name _mature Date P.O. Box 192 Rockdale, TX 76567 (512) 446-6913 (512) 446-7195 November 10, 2016 To our Valued Customers; ERS has determined it is in the best interest, and protection of ERS, aur emp!gyees, our customers, and the property owned, or leased to implement a new policy on rental returns. Effective immediately, upon the return of any unit with a debris body, or vessel ERS will require: a copy of any and/or all SDS sheets for all types of material and or product which was handled, along with a certified clean copy of the wash out is required. The only adjustment to this is when the SDS sheet(s) prove that there was only non-hazmat material contained or processed. In this case, we would require the unit to be returned empty and clean including the bag house of any material and the procedure below will determine filter bag and labor expense to change if required. Under certain conditions on units with a filter bag house we will use vacuum pressure drop across the bag house to determine whether the bags need to be replaced. This will only be considered on units that have been used in material that is inert and creates no hazard to people or property. If the bag house pressure drop is greater than 4" of vacuum from the check-out pressure reading you will be charged for the full price of the filter bags. If it is between 2-4" of vacuum you will be charged for 50% of the filter bag replacement, if it is under 2" of vacuum you will not be charged anything for the filter bags. This does not change the return policy for the body and bag house, it must be returned empty and clean. Thank you for your understanding and co-operation in this matter. We look forward to a long term, and mutually prosperous relationship. Sincerely, ERS Management Customer Name: COSTA MESA SANITARY DISTRICT Customer Signature: X: r/ Date: 12/5/18 John Gerving 12-7-16 ORDER NUMBER: CUSTOMER NAME: DATE: STREET: TIME ARRIVED: TRAILER/CONTAINER: CITY/STATE/ZIP: CLEAN DATE: ERS CLEANING REQUIRMENTS AND REWASH: CUSTOMER PO#: Cleaning location: PROCEDURES TANK TANK EXT TRACTOR EXT CU HV HX LR LS LV Y/N LAST CONTAINED GAL OF HEEL # DRUMS SDS product number: Product name: Y/N CLEANING PROCEDURES STANDARD UNITS PRICE TANK AIR QUALITY UNIT REQUIRED COLD FLUSH 1 CYCLE 02: 19.5-23.5% 1st 2nd 3rd 4th HOT FLUSH 1 CYCLE LEL <6% 1st 2nd 3rd 4th CAUSTIC WASH 30 MIN CO2 <35PPM 1st 2nd 3rd 4th DETERGENT WASH 30 MIN TOXIC VAPOR 1st 2nd 3rd 4th HOT RINSE 1 CYCLE TV levels dependent on last contained material TANK PREP 1 CYCLE INSPECTED BY: STEAM (TO CLEAN OR HEAT) 1 HOUR WASHED BY: PRESOLVE (SOLVENT SPIN) 1 GAL TIME IN: 1 TIME OUT: BLOW DRY 15 MIN TOTAL HOURS: BOOSTER WASH 15 GAL AUTHORIZED ADDITIONAL SERVICE: DEODORIZE 1 GAL COMMENTS LABOR: PASSIVATION 1 GAL COMMENTS MATERIAL: EXTERIOR WASH 1 COMMENTS: 10 DAY SURCHARGE PUMP CLEANING 1 1 HOSE CLEANING 1 BARREL CONDITION: RINSATE CAPTURE 15 GAL NON TRANSFERRABLE: NON -HAZARDOUS HEEL Stains: Dents: Pits: HAZARDOUS HEEL ADDITIONAL NOTES: DRUM AFTER HOURS CALL-IN CARBON FILTER VENTILATE OTHER: 15 GAL 45 MIN REQUIRMENTS TO VERIFY THE RESULT OF THE TANK CLEANING OPERATION THE TANK AND ALL OTHER EQUIPMENT THAT WAS IN CONTACT WITH THE PRODUCT MUST BE INSPECTED. THE TANK SURFACE MUST BE FREE & CLEAR OF VISIBLE RESIDUE AND ODOR. CHECK LINES AS MUCH AS POSSIBLE VISUALLY FOR RESIDUES, AND ODOR. STAINLESS STEEL TANK SURFACE SHOULD BE INSPECTED FOR DISCOLORATION AND PITTING.IF THE TANK IS COATED, THE COATING CONDITION MUST BE CHECKED FOR DISCOLORATION, PITTING & CRACKS. CUST. PRINT NAME: DATE: CUST. SIGNATURE: ERS PRINT NAME: DATE: ERS SIGNATURE: 12/5/2018 10:32 AM Environmental Rental Service - USA P.O. BOX 192 Rockdale, TX 76567 (512) 446-7011 Hours Upper 283.0 Date 12/5/2018 CHECK UNIT OUT to hub meter - 26336 Work Order :2660WCA03 Unit Code: CU254 Unit Description: VACALL ALL JET - AJV1 215 wl HX Package Unit Make: KENWORTH Unit Model: T470 Serial Number: 1NKBHJ8X6FJ461567 Employee: Sanchez, Jose Ticket Date :12/5/2018 Hours Lower 985.0 Date 12/5/2018 Mi/Km 30,179.0 Date 12/5/2018 Page 1 of 2 Activity . Billable Comments CHECK OUT: Check Out - CU check out unit to city of costa mesa Completed Deficiency N/A Action List 1)2 0 El DOT Compliant - List Deatials in the Comments 2 ) 0 D Stickers: Lube, IFTA, DOT Inspection, State Inspection, License Plate 3) P-1 El M Cab Book: Cab Card, Insurance Card, ERS Locations, IFTA License, DOT & Tank Inspection 4 ) MVO r -1 M ❑ Engine Fluids, Belts, Hoses, Radiator, Induction, Exhaust 5) 2 11 M Clean Cab Interior & Truck Exterior 6) 2 M M Cab Interior: Seats, Controls, Gauges, Dash Mirrors 7) ❑ D D Frame, Suspension, Steering, Shocks, Drive Component Mounts 8) 0 0 M Transmission & Clutch Adjustment 9) 2 r-1 M Transfer Case Drive, Blower Drive, Mounts, Drive Safety Cover 10 M M Blower: Plumbingm Oil Level (Both Ends), Seals, Sensors 11 F-1 F-1 Kunkle Valves Working, Seals in Place 12 D El Rodder Pump, Feed & Discharge Water & Hydraulic Lines, Sensors, Leaks 13) ❑M ❑ Leaks: Fuel, Hydraulic, Wheel Seals, Coolant, Engine, Gear Boxes 14 ) 2 D M Hydraulic Tank: Oil Clean & Full, Lines, Controls, Cylinders, Cooler 15) 2 D r-1 Body, Water Tank, Glass Damage 16 ) � 1:1 0 Conrol Panel, Gauges, Controls, Lights, Seal, Glass 17 ) 2 M ❑ Wheels & Lugs 18 ) 2 F❑1 ❑ Tires: Brand & Size Match 19) 2 M M Rodder Hose: Reel, Control Panel, Hose Guide, Remote Pendant 20) RV M 7 Boom: Hose, Fittings, Hydraulic Cylinders & Lines, Controls 21 ) R M M Final Filter, Mocro, Screen, Load Line, Manifold Screen Clean 22)2 M M Load Level Indicator, Float Balls Free & Working 23 ) F/I F M Debris Tank Cavity above Float Balls Clean 24 ) 0 F R Debris Tank Silencer, Load Lines, Valves, Caps Clean 12/5/2018 10:32 AM Environmental Rental Service - USA P.O. BOX 192 Rockdale, TX 76567 (512) 446-7011 Work Order :2660WCA03 Unit Code: CU254 Unit Description: VACALL ALL JET - AJV1215 wl HX Package Unit Make: KENWORTH Unit Model: T470 Serial Number: 1 NKBHJ8X6FJ461567 Employee: Sanchez., Jose Ticket Date :12/5/2018 Activity Billable Comments 1 CHECK OUT: Check Out - CU ❑ check out unit to city of costa mesa Completed Deficiency N/A Action List 25) Ro ❑ El Deflector Plate Present 26)2 ❑❑Rear Door Seal, Seals Clean, Locks Working 27)2 ❑❑Air Tanks & Air Cannon Tank Drained 28)2 11 El Gear Boxes Oil Levels, Mounts, Controls 29 )2 ❑❑Pipe Sections (4) Pipe Clamps (4) Hydrant Wrench (1) 30)2 ❑ ❑Nozzles (4) Skate (1) Tiget Tail (1) Fire Mose (1) 31 ) 2 Wash Down Gun & Hose / Hydro- Excavation Gun 32) Pol Diesel Fuel Level 33 ) R El [I DEF Fuel Level Ticket Comments: 2 wireless pendent 1 tigertail 6 pipe extentions 2 nozzle 1 skate 1 firehose. fule half full deff half full Date: 12/05/2018 8:32 AM Signer's Name: Jesse Blakely By: Authorized Signature Page 2 of 2 * No "Off Road", High Sulfur or "Red" Diesel is allowed in this unit, non-compliance will result in additional charges of $700.00 minimum. * All personnel operating the equipment have been trained on its proper and safe operation. * Lessee is responsible for daily checks of all oil levels, lubricating as required, tire pressure checks, and all DOT operational regulations. Afer 30 days of continuous rent, Lessee will be responsible for all maintenance of vehicle, and will be responsible for all repairs caused by lack of proper maintenance, improper operation, or negligence in operating the rented equipment. * Lessee is responsible for all tire failures, which must be replaced with same brand, size, and model as the damaged tire. Retreads are not acceptable. * Rental Units must be completely decontaminated prior to return to E.R.S. yard. * A MSDS must be provided upon return of rental unit. * Equipment failure does not release lessee from their decontamination responsibility. * Equipment will remain on rent while in repair for any damages caused by lessee, or required decontamination. * Equipment returned with less than a full tank of fuel will be charged $95.00 labor plus the cost of fuel. * Any transactions completed outside normal business hours will be subject to a $142.00 service charge. * Any waiver of, or modification of insurance requirements in this lease agreement must be in ATiting and signed by ERS. * Lessee's failure to provide the insurance coverages specified in this lease does not relieve the Lessee from its obligataion under this lease. * In the event of any conflict between the terms of any Pruchase Order required by the Lessee and ERS's Master Lease Agreement, ther terms of ERS's Master Lease Agreement shall prevail and be applicable. CAB BOOK - RENTAL UNIT MANDATORY PAPERWORK * It is the lessee's responsibility to keep all rental equipment documents in the rental unit at all times. * This folder includes the following items, and will be subject to listed charges if not returned with rental asset. (Initial) A) Units Cab Card - $75.00 D) DOT Inspection - $70.00 B) IFTA License - $10.00 E) Tank Test (DP / LR / LS / LV Units) - $25.00 each C) ERS' Insurance Certificate - $10.00 F) List of ERS Locations - $5.00 *** Entire folder containing items listed in A - F above - $200.00 IFTA MILEAGE REPORTING REQUIREMENTS ADDENDUM In accordance with the Master Lease Agreement, one of the requirements is the quarterly reporting of all fuel purchases and miles driven in each state. In order to be in compliance with IFTA regulations, either Lessee or ERS must comply with all IFTA reporting (Initiap requirements of each state in which the leased unit is operated. ERS will be responsible for all IFTA Mileage and Fuel Reporting for the Lessee. This means that Lessee must furnish ERS with trip reports and fuel fuel receipt(s), or if unit is fueled out of Bulk Tank, a copy of the vendor fuel invoice showing taxes paid along with fuel logs or statement on Lessee's Letterhead stating that ERS trucks are fueled out of this bulk tank. These items are due to ERS by the 5th day of the month following the return of the rental truck or end of the billing cycle, whichever comes first. The following items must be consistent with the IFTA reporting requirements. * The beginning odometer/hub mileage for one trip must be the same as the ending odometer/hub mileage from the previous trip. * Miles that are incurred that are not over the road miles should be recorded as "In Plant" or "Off Highway" use miles * If you leave the state in which your truck is domiciled, odometer reading must be recorded at each state line. * All fuel receipts and/or fuel logs must be turned in with trip reports, showing where fuel was purchased, date and gallons of fuel purchased. *NOTICE: If your company's records are not in this format, or if your company fails to provide fuel and trip documentation, ERS will be required to bill your company $.50 per estimated gallon of unreported fuel, determined by dividing the vehicle mileage for which there is no receipts(s) by 5.5 and multiplying that figure by $.50. This charge is necessary in order to pay the taxes and penalties incurred for having inaccurate, incomplete records. **ALL IFTA DOCUMENTATION SHOULD BE TURNED IN TO THE OFFICE WHERE THE TRUCK WAS RENTED P.O. #A I Job Site: Job Location: Deliver Equipment Yes / No (Circle One) Type of Lease Standard Delivery Location: Master **NOTICE: Prior to returning any equipment, call the ERS office that the equipment was rented from. ERS Representative Signature CYN711-11A SALVA7 FRRAt Date Company Name Company Address Customer Representative Print Signature Date 12/5/2018 COSTA MESA SANITARY DISTRICT d,XkO ?ou-I3-Cm10 1pre 70STA MESA CLA26- ENVIRONMENTAL RENTAL SERVICES RENTAL ATTACHMENT CU254 2015 KENWORTH Rental Rates: Daily: $750.00 Weekly: $3500.00 Monthly: $11500.00 VIN• 1NKBHJ8X6FJ461567 Rental rates are based on 8 hour day, 40 hour week or 160 hour month billed on a 28 day cycle. Hours over the allowed amount for the rental period will be invoiced at 10% per hour of the applicable daily rental rate. Vaeall All Jet Combination Unit Rental period begins when an asset leaves ERS location and ends when it is returned. Rates do not include S/N VAPW02359 applicable taxes, fuel, transportation, cleaning or disposal charges. Payment terms are COD for the first 6 months, after which Credit can be reviewed. Customers with Approved terms will be Net 30. Replacement Value: $315,000.00 Accounts exceeding 60 day balances will be charged interest applied daily n 1.5% monthly rate beginning on the 31 st day. Returned equipment must be decontaminated, full of fuel, and in rentable condition. Equipment returned in non -rentable condition due to misuse, contamination, abuse, or damage will remain on rent until it is restored to rentable condition. I acknowledge that I am aware of, and agree to the following conditions: * This unti will operate under Lessee DOT number 2775708 from the date of this agreement, until it is1:�- returned from rent. (Initial * No "Off Road", High Sulfur or "Red" Diesel is allowed in this unit, non-compliance will result in additional charges of $700.00 minimum. * All personnel operating the equipment have been trained on its proper and safe operation. * Lessee is responsible for daily checks of all oil levels, lubricating as required, tire pressure checks, and all DOT operational regulations. Afer 30 days of continuous rent, Lessee will be responsible for all maintenance of vehicle, and will be responsible for all repairs caused by lack of proper maintenance, improper operation, or negligence in operating the rented equipment. * Lessee is responsible for all tire failures, which must be replaced with same brand, size, and model as the damaged tire. Retreads are not acceptable. * Rental Units must be completely decontaminated prior to return to E.R.S. yard. * A MSDS must be provided upon return of rental unit. * Equipment failure does not release lessee from their decontamination responsibility. * Equipment will remain on rent while in repair for any damages caused by lessee, or required decontamination. * Equipment returned with less than a full tank of fuel will be charged $95.00 labor plus the cost of fuel. * Any transactions completed outside normal business hours will be subject to a $142.00 service charge. * Any waiver of, or modification of insurance requirements in this lease agreement must be in ATiting and signed by ERS. * Lessee's failure to provide the insurance coverages specified in this lease does not relieve the Lessee from its obligataion under this lease. * In the event of any conflict between the terms of any Pruchase Order required by the Lessee and ERS's Master Lease Agreement, ther terms of ERS's Master Lease Agreement shall prevail and be applicable. CAB BOOK - RENTAL UNIT MANDATORY PAPERWORK * It is the lessee's responsibility to keep all rental equipment documents in the rental unit at all times. * This folder includes the following items, and will be subject to listed charges if not returned with rental asset. (Initial) A) Units Cab Card - $75.00 D) DOT Inspection - $70.00 B) IFTA License - $10.00 E) Tank Test (DP / LR / LS / LV Units) - $25.00 each C) ERS' Insurance Certificate - $10.00 F) List of ERS Locations - $5.00 *** Entire folder containing items listed in A - F above - $200.00 IFTA MILEAGE REPORTING REQUIREMENTS ADDENDUM In accordance with the Master Lease Agreement, one of the requirements is the quarterly reporting of all fuel purchases and miles driven in each state. In order to be in compliance with IFTA regulations, either Lessee or ERS must comply with all IFTA reporting (Initiap requirements of each state in which the leased unit is operated. ERS will be responsible for all IFTA Mileage and Fuel Reporting for the Lessee. This means that Lessee must furnish ERS with trip reports and fuel fuel receipt(s), or if unit is fueled out of Bulk Tank, a copy of the vendor fuel invoice showing taxes paid along with fuel logs or statement on Lessee's Letterhead stating that ERS trucks are fueled out of this bulk tank. These items are due to ERS by the 5th day of the month following the return of the rental truck or end of the billing cycle, whichever comes first. The following items must be consistent with the IFTA reporting requirements. * The beginning odometer/hub mileage for one trip must be the same as the ending odometer/hub mileage from the previous trip. * Miles that are incurred that are not over the road miles should be recorded as "In Plant" or "Off Highway" use miles * If you leave the state in which your truck is domiciled, odometer reading must be recorded at each state line. * All fuel receipts and/or fuel logs must be turned in with trip reports, showing where fuel was purchased, date and gallons of fuel purchased. *NOTICE: If your company's records are not in this format, or if your company fails to provide fuel and trip documentation, ERS will be required to bill your company $.50 per estimated gallon of unreported fuel, determined by dividing the vehicle mileage for which there is no receipts(s) by 5.5 and multiplying that figure by $.50. This charge is necessary in order to pay the taxes and penalties incurred for having inaccurate, incomplete records. **ALL IFTA DOCUMENTATION SHOULD BE TURNED IN TO THE OFFICE WHERE THE TRUCK WAS RENTED P.O. #A I Job Site: Job Location: Deliver Equipment Yes / No (Circle One) Type of Lease Standard Delivery Location: Master **NOTICE: Prior to returning any equipment, call the ERS office that the equipment was rented from. ERS Representative Signature CYN711-11A SALVA7 FRRAt Date Company Name Company Address Customer Representative Print Signature Date 12/5/2018 COSTA MESA SANITARY DISTRICT d,XkO ?ou-I3-Cm10 1pre 70STA MESA CLA26-