AGR - Environmental Rental Services, Ltd. - 2018-11-06�
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
290 Paularino Ave. Costa Mesa CA 92626 hereinafter called Lessee, enter into this Master Lease Agreement beginning on 11/6/18 , and ending
on OPEN for the ongoing rental of various pieces of personal 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 he 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 AM. 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 famish 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.lnitials
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 tern 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.
I& 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 an_v 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 hutials _��
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 arrdw zed 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 ite 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: Cyn,(.SGi&atw—_-r1,-q,
PRINT: Cynthia Salvatierra
TITLE: Office Manager
Master Lease Agreement (120716)
LESSEE:
day of November 2018
Costa Mesa Sanitary District
BY:
PRI T:
TITLE:
DPF / Regen policy and Agreement
Customer Costa Mesa Sanitary District UNIT CU254 DATE: 11/6/18
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
ssis 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.
��� ����� ,� 11/6/18
Printed Name Tgnature 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, t uire't )t y+ e c r ��c i t 1� , 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:C._s- Date: 11/6/18
* 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.
Ater 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 writing 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. n;t;all
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 J L" Initial)
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. #• Job Site:
Job Location:
Deliver Equipment Yes / No (Circle One) Delivery Location:
Type of Lease Standard Master
**NOTICE: Prior to returning any equipment, call the ERS office that the equipment was rented from.
ERS Representative Signature CyVtt%1.1.W SAty t'IRwral
Date 11/6/2018
Company Name Costa Mesa Sanitary District
Company Address 290 Paularino Ave Costa Mesa CA 92626
Customer Representative Print
Signature
Date �.
ENVIRONMENTAL RENTAL SERVICES
RENTAL ATTACHMENT CU254
2015 KENWORTH
Rental Rates: Daily: $750.00 Weekly: $3,500.00 Monthly: $11,500.00
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 VAPW023.59
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 q, 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 from the date of this agreement, until it is
returned from rent.
Hniti.l
* 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.
Ater 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 writing 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. n;t;all
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 J L" Initial)
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. #• Job Site:
Job Location:
Deliver Equipment Yes / No (Circle One) Delivery Location:
Type of Lease Standard Master
**NOTICE: Prior to returning any equipment, call the ERS office that the equipment was rented from.
ERS Representative Signature CyVtt%1.1.W SAty t'IRwral
Date 11/6/2018
Company Name Costa Mesa Sanitary District
Company Address 290 Paularino Ave Costa Mesa CA 92626
Customer Representative Print
Signature
Date �.
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#: PROCEDURES Cleaning location:
Y/N
TANK TANK EXT
TRACTOR EXT CU HV
HX LR LS LV
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: 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:
XERTIFICATE OF TRUST (LENDING)
�$�lfic
I declare the contents of this Certificate are true and correct.
Date: Signed: � -
Printed:
Date: Signed:
Printed:
Date: Signed:
Printed:
State of }
County of )
Subscribed and sworn to before me on this day of , 20 by
the of
a Trust established pursuant to Agreement dated who is either known to me personally or who showed
me as identification.
Notary Public
County,
My commission expires
Acting in County
NOTE: If Section 8 of this Certificate specifies that more than one Trustee is required to act under the Trust, then
the minimum number of Trustees must sign this Certificate.
Certificate of Trust (Lending) -- Signatures Page
I EnvironmenW
Indusuig . 4turlidjw . 12'61itr Fquipmelar
1_ Government Agency/Entity C4L<'4a-' 02P Sc- !sc � DBA
PhyslcatAddress `CCJ"AC1 ' niL AVC Cuff S`L ( � State b Zip Ck'
2, Department Head/Purchasing Agent Authorized to Approve & Execute Rental Agreements
Name��i�� Title��t'(k' (Z1Ctt Dept.
Name Tale Dept.
Phon_�(maii
Phone i mail
Warne Title Dept. — Phone Email
3. 3iiiingAddress CLQ C _ Civ,` jkG CY sc' State Zio_q-p�a
C uk (1 /�, �
A/P Contact ��i `. y� r [Z-1 � Phone � B'tW Fax Email
4. Has Agency Declared Bankruptcy in Last 3 -Yeah YES NO
5. Please Attach Tax Exemption Certificate Attached YES
6. Persons} Responsible far Operation and/or Use of Rental Unit
Fleet/Sewage/Utility Superintendent
1-rtleoc" C(i?ept
Name Tine Dept
Phone Email
READ BEFORE SIGNING:
For the purpose of establishing credit with creditor, the undersigrsed authorized agent of the govern riertal agencylentity or department, war, ants it has the
financial capability and authorization to pay equipment rental on creditor's equipment and all expenses related to said rental, Additionally, b,{ signature bcfcw,
we hereby agree to the payment terms of NET 30 days unless otherwise stated. IF ANY INVOICES GO PAST 60 DAYS, THE ACCOUNT WILL REVERT Tp C.O.D.;
AT 90 DAYS THE ACCOUNT WILL BE CLOSED, EQUIPMENT PICKED UP, AND ACCOUNT REVIEWED FOR LEGAL ACTION. ;n the event of collection, the customer
pays all cost and attorney fees. Any balance over 30 days is subject to a service charge of 1-1/2% per month (18% annum).
BY SIGNING BELOW, I SWEAR AND AFFIRM I HAVE READ, AND AGREE TO, THE TERMS AND CONDITIONS, AND THA' I HAVE THE AU T HCRIT{ TO
ENTER INTO THIS AGREEMENT,
AvthorizedSignature ate GL-� I
Printed 'game-_-���� �� ��T �
:tie ��
IFTA MILEAGE REPORTING REQUIREMENTS ADDENDUM
In accordance with the master Lease Agreement, one of the requirements is the quarterly reporting of all fuel
taxes and miles driven in each state. In order to comply with ifta regulations, either the Lessee or ERS must comply
with all IFTA reporting requirements of each state in which the leased unit is operated.
ERS shall be responsible for all IFTA Mileage and Fuel Reporting for the Lessee. This means
that ERS must have trip reports and either fuel receipts, or, if the fuel comes from the Lessee bulk tank,
vendor fuel invoice showing taxes paid with fuel logs or Statement on Lessee Letterhead stating ERS trucks
are fueled out of the bulk tank. The following items must be consistent with the IFTA requirements.
The ending odometer and hub meter reading for one trip must also be the beginning
odometer and hub meter reading on the next trip. If this does not occur, it will cause
a number of missing miles that still must be reported and taxed.
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 in domiciled, the odometer reading must be recorded
at each state line.
All fuel stops must be documented on the trip reports
All fuel receipts, and/or fuel logs must be turned in with trip reports.
NOTE: 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 receipt(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.
The previous month's trip reports are due by the 5th day of the month following rental ending date, or monthly billing date.
Upon request, ERS will provide Lessee with the necessary blank trip report forms for the Lessee's drivers to keep with
them and complete
All Mileage logs must be sent to this office via e-mail, fax, or U.S. Mail no later than the 5th day of the following month
or at the time of rental return:
Environmental Rental Services, Ltd
1416 Gatlin Drive
Griffith, IN 46319
(219) 934-1940
kim@ersvacrent.com
The undersigned company/customer agrees to adhere to the above policy and acknowledges that failure to do so will
result in additional charges being incurred as provided above.
Company Name:r_N-k, 111�__ Position
Signature Date
Printed Name
Revised July 12, 2010 ERS19