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HomeMy WebLinkAbout10-180 . , Resolution No. 10-180 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH CASEY EQUIPMENT FOR RENTAL OF WHEEL LOADERS FOR THE CITY'S SALT STORAGE FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, Diane Robertson, City Clerk, be and are hereby authorized and directed to execute two agreements on behalf of the City of Elgin with Casey Equipment for the rental of two wheel loaders for the city's salt storage facilities, copies of which are attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 22, 2010 Adopted: September 22, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ,.••• ©QOCV LIQ JOP6JEN4 ©ONP RIV OHC. ARLINGTON HEIGHTS,IL 60005 liJxTmuex•t Aerttal Nreerrterri OttfjtZNr2ementmade by 0nd between C I TY OF E"&1 ilJ ________ here .afterl caled the Lessee and CA,eiY EQUIPMENT COMPANY,INC.hereinafter en1)Pd the Lessor. ' 2 That the Lessee and the Lessor for the consideration hereinafter named agree as follows: Under the general conditions of the lease printed on the reverse side of this sheet,and made a part of this Agreement, the Lessor in consideration of the payment of the rentals hereinafter dear when and as due,hereby leases to Lessee the following described equipment. doe tins tio s��-e-r to be furnished F.O.B.s1€l�j616VV.efin)or s esttri itnaen period of �( N commencing on the /J day of N o VCM6e-K 20 ' �� at rental w $ 3q , r O -00 per d?U77'' payable$ 34 I OQ•W with the execution of this agreement,being rent(or the first period of this lease,and the balance in equal instalments of$..../. COO.00 payable in advance on the 1st day of.sch succeeding ryterm ofthis lease ashereinafter provided. Lessorfsba06 $31iver and pick up loader for a total * hour wee;:,a one hundred and seventy six(17.)hour month. If the equipment is used in shifts exceeding eight(8 .. - - ... • ue sy,then the Lease agrees to pay an inaeased rental for each hour over and above the eight(8)hour i • .•. .. ..o ourly rate which is required be paid by the Lessee belied on the daily rate. If no daily rate is • :• •:• -• m.• y rate for extra hours shall be determined under the general conditions printed on the reverse aide • =.• t: ,p. 2,subparagraph(d). The Lessee agrees that it will immediately notify Les:zr of any increase in . • • -.:..1r:,and will permit the Lessor to inspect the job time records `which are to be used as a guide in determining N t LZ urt1 r Nrre2l that the value of the equipment herein leased is$ /S0, 000_ O) and that said equipment is to be used at or near E7,GOO f _ The Lessor and Lessee for themselves, their successors,executors,administrators and assigns.hereby agree to the full performance of the covenants herein contained. No'c:riagc in the terms thereof shall be recognised unless same shall be reduced to writing and signed by the parties to this agreement. Lessee from time to time to waive the issuance of prooess and service thereof;to waive trial by jury,to coat,._ -•• •• ver of Lessor, its successors and assigns,and against Lessee,for the amount of rent which may be in d= , • • • a•: terms hereof together with the costs of such proceedings and a reasonable sum for plaintiff's atto,.. • •• •. • .••ut the entry of said judgement,and for said purposes to file in said cause his cognovit hereof,and to .•, • . •—art un said cognovit or elsewhere,waiving and releasing all errors which may intervene in such proceedi • ••• .. •••• •• re easing all right of appeal and right to writ of error and consenting to an immediate execution upon such ! ill MIfined liICI ereof the parties have caused this agreement to be duly executed at Arlington Heights,Illinois o.^_the ? 22nd day of..___ September 20 10 >( City of El nC BEY .41 �' 4 'I COMP INC. Lessee BY: il� '! ' BY: Jame Cox Authorized to si:•• for e Cityllanager r tiitl•e., ' C464V.p• ,,,..,,,,,, ,... *It is understood and agreed that Lessee is entit' ed o up to ‘11 :::v r., s .) of use during the term of this rental agreement, •y hours over such - hours maximum shall result in an additional cost to Lessee at the rate o $22. 15 per hour. GENERAL CONDITIONS OF LEASE The condition of lease here below stated, together with the agreement set forth,constitute between the parties therein named a contract which is hereafter referred to as this Agreement. L RENTAL PERIOD, This rental period shall be for the term herein created, 8. INSPECTION. Before the equipment is loaded for transit to the Lessee he which shall include ell time consumed in transporting the equipment,commencing may request and receive an inspection thereof by his duly appointed agent or with the date of legal delivery to a public carrier or agent of the Lessees.and upon employee.The Lessor shall have the right at all reasonable times to enter the return of the equipment the date of legal delivery by such carrier to the Lesion premises in which the equipment is located during the rental period for the eaiemedernage ba- r^v^'wr •—dc vpeo C"^r"'•s-p-r of purpose of making an inspection thereof. ae,i,,.,a..r y�y ©Q[� LUSS �^r�ae qqe������ ut,t} a _ tr'A�n�8§; at1 rwld (nee itai R leas iu�air •�,-, ©� a : llc �'Ca.S�ll4 i sit�,, ^ 7.L ,niF is a41r� it a ..l` artit dC�1 m'�t�:Oc 1�-n�6 ti5 pC<7��Y 4 ```111yo ue to a fella tr lot Ql � "� Tire sods.5 o 1:41'- rlin o [ro unlry rSe` ru t tj e q' n o:r ea , ry^�� �h-�m n cams on re.err�z sea �ts._ ,esti '+ i cone., r rn g r acre. rxcr. � t for t• his f:ii te8�: eir�t!on1,�s^ae $ a of a � y� lig navel"s use.��sear us firer` �n1K�w a �r ^ ri`e mitis ri E•I rE wr1 Y n';u ria n.'in.a ti e zrtth tie Wla��g itrn,q a in cud amelia 6Ina w%ii lel fol rn -.�:Ie est v�arc•n.n. ��•R hong*(�ill#s - s?tn �' ���;�• if;a�a�nnce cod a coeur cans sur rn o re U n try "- f!P W nlen•-fists 7 i!:-•gin' U:1u tui i V m WA e.e condtllii li u��' los �{{Z�t'jt e}N(e�vpr'mettt`f,r�je��o use VI i6 01-3me peg �,,y4.u�y iron a d' l P,b jslit'.:•fi k,l n.nun:'.couu:i'.=C j,.�1_i U v ete'a OTA Rik; l�.Sti p 1.U1 rzrai e M S11CIEn ata fill lti!'e'(3�'gat ia�jl'ia�l�id��e a�,�]ect Iso artiy�i�ucincintx nn ae.•drrurkt of Gasor u�at}v u 1�ssor au non-working time in the month and shall be construed as meaning one Lessee within 24 hairs of receipt of the equipment of any defect or shortage,the calendar month from the date of the commencement of the contract by Lelsee'e claim for defect or shortage shall be void.Lessor has no obligation for any legal delivery to the carrier as provided in paragraph 1 of these cost incurred to Lessee due to machine breakdown. conditions,up to a maximum elfin hours of use. 1J TritE. This to the equipment shall at all times vest■ in the Lessor unless ob1 lit ii�P 'eelP�['8+ SIVi en10 Ti Flffifl4iJ cls lir kir tyt�rttlie is tiou lstr�yvdtririe aiarrns°ea the date of the commencement of this contract by legal delivery to the liable to'seizure.. carrier as provided in paregnph 1 of thew conditicars,up to a mudmeru of 40 hours of use. 18 TERMINATION OF AGREEMENT. Should the Lessee defer any payment moor than thirty 1301 days,or become bankrupt,or fail to maintain and operate or CM Daily rental retest shall not be subject to any deductions fbr non-working to return the equipment as provided by this Agreement,or suhetaneinity relate time,shall be paid for each calendar day in the month except Sundays 'any provision thereof,the Lessor may,without notice,terminate this Agreement, and legal holidays upon which the equipment is not operated,up to a take possession of the equipment without becoming liable for awes,and recover maximum of 8 hours of use. all rental due,full damages for any injury to,and all expenses incurred in returning the equipment. Aida when no daily refs is fired eh*hours a handrail 18. ATrOitNEY FEES. in the event that the Lessor shall employ an attorney seventy sixth lh/1 ; • - - an rate or one fortieth 0/40thl of the andfur commence auk to recover the equipment herein leased or to collect any indebtedness due under this Agreement as herein provided,the Lessee agrees to pay and there shall immediately become due and payable from the lessee as and 3. LOADING,UNLOADING AND TRANSPORTATION. The Lessee,at his fur attorney's fres a reasonable sum,not less than fifty(150.001 dollars,together own expense,shall do all loading,unloading,installing.dismantling,and hauling with alt court coats incurred by the Laeson • one snail pay an demurrage,accruing at me awn shipping or recelvtng point,and all • freight and switching charges. The charges for return transportation of said 14. TITLE. Title to the equipment shall at all times rest with Lessor unless equipment to Arlington Heights or Lemont,Illinois are to be paid by the Leasee and transferred to the Lease through a Dilly paid sale.The Leasee shall give leaser the method used in transportation shall be subject to the approval of the Lessor iaunedhate notion in case any equipment is levied upon or hem any caum becomes which must be obtained in advance of shipment- liable to minute. 4, MAINTENANCE AND OPERATION. Lessee shall not remove,alter, -- disfigure,or cover up say numbering,lettering or insignia displayed upon the loonies to become due pursuant to this agreement,all of its e. - ^� . equipment.Lessee Is responsible for all normal and scheduled acquire&accounts receivables,claims,equi,r,.., - and assets of whatever maintenance of the equipment while in their possession,ion,incnding kind and the proceeds. , ., Lessor sod its reptese itatires as but not limited to fuel,grease,oils,filters and bucket teethits attorn • • r sign in its behalf and file UCC-Financing Statement & SUPPIXING OPERATORS. Lessee shall furnish qualified operators for the equipment hereby leased. It being understood this the furnishing of said operator is 16. TAXES. The Lasses agrees to pay and indemnify Lessor fur all taxes upon the expraas.agreement that said operator shall be the employee of Lessee. incurred in connection with the rental of the equipment including the Chicago Transaction Tim and any other similar tax. 6. DAMAGE TO EQUIPMBN'L Lessee shall and does hereby indemnify the Lessor against all loss and damage to equipment during the rental period end the * 17. INSURANCE. Lessee shall at his own expanse carry and maintain public appraisal of any such loss or damage shell be based on the equipment value as liability,collision,theft and faro insurance in connection with the use,maintenance shown on the reverse side hem eoE and operation of the equipment herein leased,end shall name the Lessor as additional insured and lea payee for Ml value of equipment.Lame must provide 7. REPAIRS. The Leasee shall pay the cost of all repairs or renewals including a copy of proper certificate prior to release of equipment. Lessor releasing labor,material and parts,and at the and of the rental period return the equipment equipment does not waive this requirement.An additional 12%of rental rate in the same condition as taxived,ordinary wear excepted.All tire damage and or tee will be charged if proper insurance is not provide& repairs are specifically the responsibility of the lessee. 1& SUBLETTING. No equipment shall be sublet by the Lessee,nor shag he 8. LIABILITY OF LESSEE. Lessee will indemnify and save Lessor harmless assign or transfer any interest in this Agreement without written consent of the of,from and against all claims.costs,expense.damages and iiabilities,by reason of Lessor personal injury,death,or damage to property,resulting.from or pertaining to the e use and operation of said equipment during the term of this lease,or while said yJ2 6 c13 L a� x y5-� equipment is in possession of Lessee. l Lessee Initials1 OTHER CONDITIONS 411/.1(,• - (1) If machine is returned early, Lessee agrees to a minimum of four (4) mnnths rental 5ci charge. (2) The Contract Addendum attached hereto a At , 4 • , ncorporated nto and made a part of this agreement as if fully recited herein_ f44 s A charge of 6.0ergallon will be charged if unit is not returned full of fuel. i,. • ATTACHMENT A CONTRACT ADDENDUM THIS ADDENDUM is intended by the parties hereto to constitute a part of an agreement dated September , 2010, by and between the City of Elgin, Illinois, a municipal corporation and Casey Equipment Company, Inc., an Illinois corporation, for the rental of wheel loaders by the City of Elgin from Casey Equipment Company, Inc. (hereinafter referred to as"Agreement"). It is agreed by the parties hereto that the following provisions shall be included as enforceable terms and provisions of the Agreement and shall otherwise be incorporated into the Agreement in every respect: 1. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with the provisions or performance of this Agreement shall be in the Circuit Court of Kane County, Illinois. 2. Notwithstanding any other provision of the Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Lessor shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Lessor hereby certifies, represents and warrants to the Lessee that all Lessor's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. Lessor shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The Lessee shall have the right to audit any records in the possession or control of the Lessor to determine Lessor's compliance with the provisions of this section. In the event the Lessee proceeds with such an audit the Lessor shall make available to the Lessee the Lessor's relevant records at no cost to the Lessee, and shall pay all costs of any such audit at Lessor's sole expense. LESSOR: LESSEE: CASEY EQUIPMENT COMPANY, INC. CITY OF EL isofq /a7/7r rte'` - By: 4 . s•r_"!i City Manager Attest: City Cl k f:llegal deo\agreementicasey equipment-contract addendum 2010.doc ELGIN THE CITY IN THE SUBURBS- DATE: September 24, 2010 TO: Dan Rich, Public Works Superintendent FROM: Diane Robertson, City Clerk RE: Resolution No. 10-180, Adopted at the Council Meeting of September 22, 2010 Execution of an Agreement with Casey Equipment for Rental of Wheel Loaders Attached please find an executed copy of the above agreement. If you have any questions, please do not hesitate to contact our office. Attachment (1) • t ll! h 0 /' r( tv'T BEERS OF CITY COUNCIL E LG I N THE CITY IN THE SUBURBS MEETING DATE: September 8, 2010 INITIATIVE E: Consideration of an Agreement for Rental of Wheel Loaders for Two Salt Storage Facilities COMMUNITY GOAL • Financially Stable City Government:To preserve and enhance the city's sound and resilient financial condition OBJECTIVE • Undertake initiatives to reduce the city's cost of doing business PURPOSE • Allow salt route drivers to load salt trucks at two salt storage facilities during a snow event and enhance the bulk material handling needs at the sites RECOMMENDATION • Authorize staff to execute a contract for the rental of two wheel loaders for the 2010/2011 winter season with Casey Equipment at a cost of$31,200 BACKGROUND Every year the public works department rents wheel loaders for the salt storage facilities located at Shales Parkway and Bowes Road. The loaders remain positioned at the facilities for the duration of the winter snow season. Having a wheel loader located at the salt storage site allows drivers to load salt trucks during a snow event and facilitates the bulk material handling needs at this site. These wheel loaders are typically rented for a four-month term (November 15th to March 15th). Staff solicited verbal telephone quotes from three vendors who carry this type of equipment. Two of the three vendors contacted responded negatively to the availability of two rental units. The only vendor who responded in a positive light and was willing to enter into a lease agreement for the equipment was Casey Equipment of Arlington Heights, Illinois. The city has done business over the past several years with Casey Equipment, including a rental last year, without any difficulties. OPERATIONAL ANALYSIS Wheel loaders are rented on an annual basis to provide equipment needed over the winter snow season. Historically, leasing wheel loaders over the four to five month seasonal period allowed the city use of the equipment without incurring the costs of purchase and maintenance over a twelve month period. An analysis is currently being performed to determine the cost efficiency of purchasing an additional wheel loader and potentially taking advantage of favorable financing rates to determine efficiencies for subsequent snow seasons. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The rental of two new JCB 426 HT wheel loaders from Casey Equipment is $3,900 per unit, per month, for four months resulting in a total lease price of$31,200. Funds for the contract lease agreement of$31,200 have been pre-encumbered on requisition number 256950. The option is available to extend the contract lease should the snow season continue past March 15, 2011. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Equipment 601-4701-796.43-04 N/A $57,600 $38,542 Rental LEGAL IMPACT Approval of this contract is considered an exception to the procurement ordinance and requires a two-thirds vote. ALTERNATIVE COURSES OF ACTION The city council may choose not to enter into a contract with Casey Equipment to lease two wheel loaders and direct staff to search for other alternatives. 41) F NEXT STEPS 1. Execute the lease agreement. 2. Remit the executed contract and the purchase order number to Casey Equipment. 3. Arrange delivery dates for the equipment at both Shales Parkway and Bowes Road salt storage facilities. Prepared by: Dan Rich, Public Works Superintendent Reviewed by: David L. Lawry, Public Services Director Reviewed by: Colleen Lavery, Chief Financial Officer Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer Approved by: S an R. Stegall, Cit anager ATTACHMENTS A: Lease Agreement for 2010/2011 B: Lease Agreement from 2009/2010 for reference purposes 3 L d 1N3WHOVllV L © Y ic N'T @()111PaRIV, Mita ARLINGTON HEIGHTS,IL 60005 qciiptiftni.Ent exr� cAgritentent T :41Th:41 gkgeut2Irt made by and between C 1 1 a V/AI igloo tfoLmerALL a6//J 601.3-.3 hereinafter called the Lessee and CASEY EQTTIP11%LENT COMPANY,INC.hereinafter called the Lessor. • 1.16 ttrteEf That the Lessee and the Lessor for the consideration hereinafter named agree as follows: Under the general conditions of the lease printed on the reverse side of this sheet,and made a part of this Agreement,the Lessor in consideration of the payment of the rentals hereinafter described,when and as due,hereby leases to Lessee the following described equipment. /- VAC, (rCt3 Lo/ SA/. • to be furnished F.O.B.shipping point for a minimum period of MOAiniS commencing on the /rA day of /UO MI20 iO at a rental of $3300-00 per /"1 o payable$ 31100,00 with the execution of this agreement,being rent for the first period of this lease,and the balance in equal installments of$_1, q GO-CO' payable in advance on the 1st day of each succeeding term of this lease as hereinafter provided. 691.- prtherEf 1n t .0 EE?t that the rental charge under this lease is based upon an eight(8)hour day,a forty(40) hour week,a one hundred and seventy six(17 hour month. If the equipment is used in shifts exceeding eight(8)hours in any one day,then the Lessee agrees to pay an increased rental for each hour over and above the eight(8)hour shift,equal to the hourly rate which is required be paid by the Lessee based on the daily rate. If no daily rate is fixed, then the hourly rate for extra hours shall be determined under the general conditions printed on the reverse side hereof under paragraph 2,sub-paragraph(d). The Lessee agrees that it will immediately notify Lessor of any increase in working schedule, and will permit the Lessor to inspect the job time records which are to be used as a guide in determining excess hours. �f iO Lnf EI'NYEE?t that the value of the equipment herein leased is$ !/ 50 o°d and that said equipment is to be used at or near L 6 I/`r f 'C The Lessor and Lessee for themselves,their successors,executors,administrators and assigns hereby agree to the full performance of the covenants herein contained. No change in the terms thereof shall be recognized unless same shall be reduced to writing and signed by the parties to this agreement. Lessee does hereby jointly and severally irrevocably constitute any attorney of any Court, attorney for Lessee, and in the name of Lessee from time to time to waive the issuance of process and service thereof,to waive trial by jury,to confess judgement in favor of Lessor,its successors and assigns,and against Lessee,for the amount of rent which may be in default by virtue of the terms hereof together with the costs of such proceedings and a reasonable sum for plaintiff's attorney's fees in or about the entry of said judgement, and for said purposes to file in said cause his cognovit hereof,and to make an agreement in said cognovit or elsewhere,waiving and releasing all errors which may intervene in such proceeding, and waiving and releasing all right of appeal and right to writ of error and consenting to an immediate execution upon such judgement. j'rr III!"Rums IN II I ErEIIf the parties have caused this agreement to be duly executed at Arlington Heights,Illinois on the day of 20 CASEY EQUIPMENT COMPANY,INC. Lessee J(� frY r1114 JC BY: rir / �- r Authorized to sign for Lessee — GENERAL CONDITIONS OF LEASE • The condition of lease here below stated,together with the agreement set forth,constitute between the parties therein named a contract which is hereafter referred to as this Agreement. L RENTAL PERIOD. This rental period shall be for the term herein created, 9. INSPECTION. Before the equipment is loaded for transit to the Lessee he which shall include all time consumed in transporting the equipment,commencing may request and receive an inspection thereof by his duly appointed agent o with the date of legal delivery to a public carrier or agent of the Lessees,and upon employee.The Lessor shall have the right at all reasonable times to enter ti return of the equipment the date of legal delivery by such carrier to the Lessor, premises in which the equipment is located during the rental period for the unless damage has occurred whereby rental period ends upon proper repair of purpose of making an inspection thereof. equipment 10. WARRANTY AND INSPECTION. Lessee acknowledges that it has had an 2. DETERMINATION OF RENTAL CHARGES. The Lessees shall pay rental opportunity to personally inspect the equipment and that it understands its proper for the entire rental period on each article of equipment named on the reverse side use.Lessor has made no warranty regarding the equipment except that it will be hereof at the rate therein stipulated,and in accordance with the following terms and in good operating condition when loaded for transit Lessee further acknowledges conditions: its duty to inspect the equipment prior to use and to immediately in writing notify (a) Monthly rental rate shall not be subject to any deductions on account of Lessor of any defect or shortage.If the Lessor fails to receive written notice from non-working time in the month and shall be construed as meaning one Lessee within 24 hours of receipt of the equipment of any defect or shortage,the calendar month from the date of the commencement of this contract by Lessee's claim for defect or shortage shall be void Lessor has no obligation for any Iegal delivery to the carrier as provided in paragraph 1 of these cost incurred to Lessee due to machine breakdown. conditions,up to a maximum of 160 hours of use. 11. TITLE. Title to the equipment shall at all times vest in the Lessor unless lb) Weekly rental rates shall not be subject to any deductions for non-working transferred to the Lessee through sale. The Lessee shall give the Lessor time in the week and shall be construed as meaning seven(7)days from immediate notice in case any equipment is levied upon or from any cause becomes the date of the commencement of this contract by legal delivery to the liable to seizure.. carrier as provided in paragraph 1 of these conditions,up to a maximum of 40 hours of use. 12. TERMINATION OF AGREEMENT. Should the Lessee defer any payment more than thirty(30)days,or become bankrupt,or fail to maintain and operate or (c) Daily rental rates shall not be subject to any deductions for non-working to return the equipment as provided by this Agreement,or substantially violate time,shall be paid for each calendar day in the month except Sundays .any provision thereof,the Lessor may,without notice,terminate this Agreement, and legal holidays upon which the equipment is not operated,up to a take possession of the equipment without becoming liable for trespass,and recover maximum of 8 hours of use. all rental due,full damages for any injury to,and all expenses incurred in returning the eeuipment. (d) For the purpose of determining the rental for excess hours over a single shift when no daily rate is fixed the hourly rate shall be one one hundred 13. ATTORNEY FEES. In the event that the Lessor shall employ an attorney seventy sixth(11176th)of the monthly rate or one fortieth(1/40th)of the and/or commence suit to recover the equipment herein leased or to collect any weekly rate,unless otherwise specified" indebtedness due under this Agreement as herein provided,the Lessee agrees to pay and there shall immediately become due and payable from the Lessee as and 3. LOADING,UNLOADING AND TRANSPORTATION. The Lessee,at his for attorney's fees a reasonable sum,not less than fifty($50.00)dollars,together own expense,shall do all loading,unloading,installing.dismantling,and hauling with all court costs incurred by the Lessor. and shall pay all demurrage,accruing at his own shipping or receiving point,and all freight and switching charges. The charges for return transportation of said 14. TITLE. Title to the equipment shall at all times rest with Lessor unk equipment to Arlington Heights or Lemont,Illinois are to be paid by the Lessee and transferred to the Lessee through a fully paid sale.The Lessee shall give Lessor the method used in transportation shall be subject to the approval of the Lessor immediate notice in case any equipment is levied upon or from any cause becomes which must be obtained in advance of shipment liable to seizure. 4. MAINTENANCE AND OPERATION. Lessee shall not remove,alter, 15. SECURITY. Lessee hereby assigns,assecurity for the payment of all disfigure,or cover up any numbering,lettering or insignia displayed upon the monies to become due pursuant to this agreement,all of its existing or hereinafter equipment.Lessee is responsible for all normal and scheduled acquired:accounts receivables,claims,equipment,accounts and assets of whatever . maintenance of the equipment while in their possession,including kind and the proceeds thereof.Lessee authorizes Lessor and its representatives as but not limited to fuel,grease,oils,filters and bucket teeth. its attorney-in-fact to sign in its behalf and file UCC-Financing Statement evidencing this agreement. 5. SUPPLYING OPERATORS. Lessee shall furnish qualified operators for the equipment hereby leased. It being understood that the furnishing of said operator is 16. TAXES. The Lessee agrees to pay and indemnify Lessor for all taxes upon the express agreement that said operator shall be the employee of Lessee. incurred in connection with the rental of the equipment including the Chicago Transaction Tax and any other similar tax. 6. DAMAGE TO EQUIPMENT. Lessee shall and does hereby indemnify the Lessor against all loss and damage to equipment during the rental period and the 17. INSURANCE. Lessee shall at his own expense carry and maintain public appraisal of any such loss or damage shall be based on the equipment value as liability,collision,theft and fire insurance in connection with the use,maintenance shown on the reverse side hereof and operation of the equipment herein leased,and shall name the Lessor as additional insured and loss payee for full value of equipment.Lessee must provide 7. REPAIRS. The Lessee shall pay the cost of all repairs or renewals including a copy of proper certificate prior to release of equipment. Lessor releasing labor,material and parts,and at the end of the rental period return the equipment equipment does not waive this requirement An additional 12%of rental rate in the same condition as received,ordinary wear excepted.All tire damage and or fee will be charged if proper insurance is not provided. repairs are specifically the responsibility of the lessee. 18. SUBLETTING. No equipment shall be sublet by the Lessee,nor shall he 8. LIABILITY OF LESSEE. Lessee will indemnify and save Lessor harmless assign or transfer any interest in this Agreement without written consent of the of,from and against all claims,costs,expense,damages and liabilities,by reason of Lessor. personal injury,death,or damage to property,resulting.from or pertaining to the use and operation of said equipment during the term of this lease,or while said if 2 G, 5 'C13 L 0,4430t_ equipment is in possession of Lessee. Lessee Initials OTHER CONDITIONS A charge of tLiktgallon will be charged if unit is not returned full of fuel. Cn2SV E QUIPME4\1? ©©Mpaa75 onto ARLINGTON HEIGHTS,IL 60005 (64 tErAtilanUnt R.ett-tzticAgrelentent zhisckirPerttelli made by and between C i Pe of G`Gi"I . . • 0 L PI A : 4 mi .rc_ 6n1 a3 hereinafter called the Lessee and CASEY EQUIPMENT COMPANY,INC.hereinafter called the Lessor. IE I!ttxtesoeth= That the Lessee and the Lessor for the consideration hereinafter named agree as follows: Under the general conditions of the lease printed on the reverse side of this sheet,and made a part of this Agreement,the Lessor in consideration of the payment of the rentals hereinafter decbecl,when and as due,hereby leases to Lessee the following described equipment. I- VAC, Li-c13 Co0}DE ' SAI. to be furnished F.O.B.shipping point fora minimum period of 4/ /1/10`o"' +/7a ,t commencing on the /5-14day of / ©vrm'QEA 20(° at a rental of $ 3, 9 00-co per /1/0 A171q1 payable$ 3, / Qo•w with the execution of this agreement,being rent for the first period of this lease,and the balance in equal installments of$ 3,100. 00 payable in advance on the 1st day of each ucceeding term of this lease as hereinafter provided. (Pea Pi t TS Pnilmitarth axt?Irb that the rental charge under this lease is based upon an eight(8)hour day,a,forty(40) hour week,a one hundred and seventy six(17 hour month. If the equipment is used in shifts exceeding eight(8)hours in any one day,then the Lessee agrees to pay an increased rental for each hour over and above the eight(8)hour shift,equal to the hourly rate which is required be paid by the Lessee based on the daily rate. If no daily rate is fixed,then the hourly rate for extra hours shall be determined under the general conditions printed on the reverse side hereof under paragraph 2,sub-paragraph(d). The Lessee agrees that it will immediately notify Lessor of any increase in working schedule, and will permit the Lessor to inspect the job time records which are to be used as a guide in determining excess hours. ;lit TS 6.71juriher Nr.eeir that the value of the equipment herein leased is$ 45-0. ©fes_ 63 and that said equipment is to be used at or near Et G m) , L' . The Lessor and Lessee for themselves,their successors,executors,administrators and assigns hereby agree to the full performance of the covenants herein contained. No'change in the terms thereof shall be recognized unless same shall be reduced to writing and signed by the parties to this agreement. Lessee does hereby jointly and severally irrevocably constitute any attorney of any Court, attorney for Lessee,and in the name of Lessee from time to time to waive the issuance of process and service thereof,to waive trial by jury,to confess judgement in favor of Lessor,its successors and assigns,and against Lessee,for the amount of rent which may be in default by virtue of the terms hereof together with the costs of such proceedings and a reasonable sum for plaintiff's attorney's fees in or about the entry of said judgement,and for said purposes to file in said cause his cognovit hereof,and to make an agreement in said cognovit or elsewhere,waiving and releasing all errors which may intervene in such proceeding,and waiving and releasing all right of appeal and right to writ of error and consenting to an immediate execution upon such judgement. / J1T 181:11xTe3553 f if exe.Of the parties have caused this agreement to be duly executed at Arlington Heights,Illinois on the /1[1 day of 20 . XCASEY EQUIPMENT COMPANY,INC. Lessee rill BY:x BY: P11 /<E'E /r Authorized to sign for Lessee GENERAL CONDITIONS OF LEASE • • The condition of lease here below stated,together with the agreement set forth,constitute between the parties therein.named a contract which is hereafter referred to as this Agreement. 1. RENTAL PERIOD. This rental period shall be for the term herein created, 9. INSPECTION. Before the equipment is loaded for transit to the Lessee he which shall include all time consumed in transporting the equipment,commencing may request and receive an inspection thereof by his duly appointed agent o with the date of legal delivery to a public carrier or agent of the Lessees,and upon employee.The Lessor shall have the right at all reasonable times to enter th, return of the equipment the date of legal delivery by such carrier to the Lessor, premises in which the equipment is located during the rental period for the unless damage has occurred whereby rental period ends upon proper repair of purpose of making an inspection thereof equipment, 10. WARRANTY AND INSPECTION. Lessee acknowledges that it has had an 2. DETERMINATION OF RENTAL CHARGES. The Lessees shall pay rental opportunity to personally inspect the equipment and that it understands its proper for the entire rental period on each article of equipment named on the reverse side use.Lessor has made no warranty regarding the equipment except that it will be hereof at the rate therein stipulated.and in accordance with the following terms and in good operating condition when loaded for transit.Lessee further acknowledges conditions: its duty to inspect the equipment prior to use and to immediately in writing notify (a) Monthly rental rate shall not be subject to any deductions on account of Lessor of any defect or shortage.If the Lessor fails to receive written notice from non-working time in the month and shall be construed as meaning one Lessee within 24 hour;of receipt of the equipment of any defect or shortage,Ow calendar month fiom the date of the commencement of this contract by Lessee's claim for defect or shortage shall be void.Lessor has no obligation for any legal delivery to the carrier as provided in paragraph 1 of these cost incurred to Lessee due to machine breakdown. conditions,up to a maximum of 160 hours of use. 11. TITLE. Title to the equipment shall at all times vest in the Lessor unless (b) Weekly rental rates shall net be subject to any deductions for non-working transferred to the Lessee through sale. The Lessee shall give the Lessor time in the week and shall be construed as meaning seven(7)days from immediate notice in case any equipment is levied upon or from any cause becomes the date of the commencement of this contract by legal delivery to the liable'to seizure.. carrier as provided in paragraph 1 of these conditions,up to a maximum of 40 hours of use. 12. TERMINATION OF AGREEMENT. Should the Lessee defer any payment more than thirty(30)days,or become bankrupt,or fail to maintain and operate or (c) Daily rental rates shall not be subject to any deductions for non-working to return the equipment as provided by this Agreement,or substantially violate time,shall be paid for each calendar day in the month except Sundays any provision thereof,the Lessor may,without notice,terminate this Agreement, and legal holidays upon which the equipment is not operated,up to a take possession of the equipment without becoming liable for trespass,and recover maximum of8hours ofuse. all rental due,full damages for any injury to,and all expenses incurred in returning the equipment. (d) For the purpose of determining the rental for excess hours over a single shift when no daily rate is fixed the hourly rate shall be one one hundred 13. ATTORNEY FEES. In the event that the Lessor shall employ an attorney seventy sixth i1/176th)of the monthly rate or one fortieth(1/40th)of the and/or conunence suit to recover the equipment herein leased or to collect any weekly rate,unless otherwise specified. indebtedness due under this Agreement as herein provided,the Lessee agrees to pay and there shall immediately become due and payable from the Lessee as and 3. LOADING,UNLOADING AND TRANSPORTATION. The Lessee,at his for attorney's fees a reasonable sum,not less than fifty($50.00)dollars.together own expense,shall do all loading,unloading.installing,dismantling,and hauling with all court costs incurred by the Lessor. and shall pay all demurrage,accruing at his own shipping or receiving point,and all freight and switching charges. The charges for return transportation of said 14. TITLE. Title to the equipment shall at all times rest with Lessor unless equipment to Arlington Heights or Lemont,Illinois are to be paid by the Lessee and transferred to the Lessee through a fully paid sale.The Lessee shall give Lessor the method used in transportation shall be subject to the approval of the Lessor immediate notice in case any equipment is levied upon or from any cause becomes which must be obtained in advance of shipment. liable to seizure. 4. MAINTENANCE AND OPERATION. Lessee shall not remove,alter, 15. SECURITY Lessee hereby assigns,as.security for the payment of all disfigure.or cover up any numbering,lettering or insignia displayed upon the monies to become due pursuant to this agreement,all of its existing or hereinafter equipment.Lessee is responsible for all normal and scheduled acquired:accounts receivables,claims,equipment,accounts and assets of whatever maintenance of the equipment while in their possession,including kind and the proceeds thereof.Lessee authorizes Lessor and its representatives as but not limited to fuel,grease,oils,filters and bucket teeth. its attorney-in-fact to sign in its behalf and file UCC-Financing Statement evidencing this agreement. 5. SUPPLYING OPERATORS. Lessee shall furnish qualified operators for the equipment hereby leased. It being understood that the furnishing of said operator is 18. TAXES. The Lessee agrees to pay and indemnify Lessor for all taxes upon the express agreement that said operator shaft be the employee of Lessee, incurred in connection with the rental of the equipment including the Chicago Transaction Tax and any other similar tax. 6. DAMAGE TO EQUIPMENT. Lessee shall and does hereby indemnify the Lessor against all loss and damage to equipment during the rental period and the 17. INSURANCE. Lessee shall at his own expense carry and maintain public appraisal of any such loss or damage shall be based on the equipment value as liability,collision,theft and fire insurance in connection with the use,maintenance shown on the reverse side hereof and operation of the equipment herein leased,and shall name the Lessor as additional insured and loss payee for full value of equipment.Lessee must provide 7. REPAIRS. The Lessee shall pay the cost of all repairs or renewals including a copy of proper certificate prior to release of equipment.Lessor releasing labor,material and parts,and at the end of the rental period return the equipment equipment does not waive this requirement.An additional 12%of rental rate in the same condition as received,ordinary wear excepted.All tire damage and or fee will be charged if proper insurance is not provided. repairs are specifically the responsibility of the lessee. 18. SUBLETTING. No equipment shall be sublet by the Lessee,nor shall he 8. LIABILITY OF LESSEE. Lessee will indemnify and save Lessor harmless assign or transfer any interest in this Agreement without written consent of the of,from and against all claims,costs,expense,damages and liabilities,by reason of Lessor. personal injury,death,or damage to property,resulting.from or pertaining to the use and operation of said equipment during the term of this lease,or while said I/26 J-'.8 L o� equipment is in possession of Lessee. Lessee Initials OTHER CONDITIONS 'A charge of 6.ftgallon will be charged if unit is not returned full of fuel. • CASEY EQUIPMENT COMPANY, INC. r1603 E.Algonquin Road 16754 New Avenue 1548 Huntwoud Drive Arlington Heights, IL 60005 Lemont, IL 60439 Cherry Valley, It.61016 847/437.8686 Fax: 847/437-8738 630/257-1261 Fax: 630/257-0614 815/332-8222 Fax: 815/332-31154. 8-94-(o Date Casey Equipment requires that every customer renting equipment from us provides us with a certificate of insurance naming Casey Equipment as additional insured and/or loss payee. This certificate must list the specific piece of equipment being rented as well as it's serial number and value matching the rental agreement prepared for that customer. Casey Equipment will charge a 12% fee to all rental customers who are either unable or unwilling to provide the proper certificate. This Fee does not relieve the customer of their responsibilities as outlined in our rental agreement. )` • • - Customer name Customer signature ^` • • CONTRACTORS EN'11'.111i.\'T- S:t1.1:S-SERVICE- PARTS CASEY EQUIPMENT COMPANY, INC. teu3 i•:.Algonquin Road 16754 New,Weitue 1548 Hunlwuocl Drive Arliuglun Heights, IL 60005 Lemont, II. 60439 Cherry Valley, 11. 547/437.8686 Fax: 847/437-8738 630/257-1261 Mix: 630/257-0614 815/332-8222 1ax: 8I5:333-30;'. Date ,/ Casey Equipment requires that every customer rentine equipment Crum us provide with a certificate of insurance naming Casey Equipment as additional insured and/or loss payee. This certificate must list the specific piece of equipment being rented as well as it's serial number and value matching the rental agreement prepared for that customer. Casey Equipment will charge a 12% fee to all rental customers who are either unable or unwilling to provide the proper certificate. This Fee does not relieve the customer of their responsibilities as outlined in our rental agreement. Customer name 41115 Customer signature 4) c't/V/•/&t(TOX'S I('ll'.IlL \•T- .>.tITS - .1I-Tt /( l: - 8 1N3 W H OVllM • ©ASf7 EQUIP P M E ©©NPAn 9[1 c20©f7, ARLINGTON'HEIGHTS,w 60005 • tittalcikgrzetrignt `to isczxeraetttmadebyandbetween the City of Elgin, Illinois. a municipal corporation. ar title :corporation hereinafter called the Leasee and CASEY''EQUIPMENT COMPANY,INC11.ereb rafterealled•the Lessor. 'l.l* 2tt1E.bISE That the Lessee and the Lessor for the consideration hereinafter named agree as follows: Under the general conditions•of the lease printed on the reverse aide of this sheet,and made a part of this Agreement,the Lessor In consideration of the payment of the rentals hereinafter described,when and as due,hereby leases to Lessee the following described equipment opo (1). JCB 426 HP Wheel Loader Sill: 1231694 • to be furnished r rt eta is 'amt Leyenonof cost five (5) months commencing on the lot. day of November 20 09 _ata rental of $ 3.9)0.00 per month payable$ 3.900.00 with the execution of this agreement,being rent for the first period of this lease,and the balance in equal installments of$.3,900.00 payable in advance on the lot day of each succeedingtennofthfaieaseashereinafterpravided. Lessee to pick up and return wheel loader, or, pay for same. * - hour week,a one hundred sad seveatyatr(l7: hour month. Ifthe equipment is used in shifts exceeding ei:L ': •• -, „ :T,y one day,.then the Lessee agrees to pay an increased•rental for each hour over and above the eight(8) • -• • +..hourly rate which is required be paid by the Lessee based on the daily rate. If no daily rate is :,,• • .. •., .•or rate for extra hours shall be•determined under the general conditions printed on the reverse si•: • ..•-• •. ..2,sub-paragraph(d). The Lessee agrees that it will immediately notify Lessor of any increase'. • - - •-.. .n` and will permit the Lessor to inspect the job time records which are to be used as a guide in determining (cat t$C rt11'Er E•ftb•that the value of the equipment herein leased is$ 11,0,500.00 and that said equipment is to be•used•at or near—Elgin, Illinois • The Lessor and Lessee for themselves,their successors,executors,administrators and assigns hereby agree to the full performance of the covenants herein contained. No change in the terms thereof shall be recognized unless same shall be reduced to writing and signed by the parties to this agreement Lessee from time to time to waive theissuance of process and service tbereai;.to waive trial by jury;to co. .• •••• . of Lessor,its successors and assigns,and against Leases,for the amount of rent which may be•'., ,. •• - , .r e o•a :terms hereof together with the costs of such proceedings and a reaevnable-sum•for plaintltl"e .._ --- •• .r:•.• the entry of said:judgement,and for said purposes-to file in said cause his cognovit hereof an, :� •. in said cognovit or elsewhere,waiving and releasing-all errors which may intervene in such prose a .: - .g :.• releasing all right of appeal and right to writ of error and consenting to en immediate execution upon such wvu t S n 'itne� t:�•� Ere the parties have caused this agreement to be duly executed at Arlington Heights,Illinois on the al day of J 20 09 City of Elg C �;UIPME _ •� +' , ._ �r 11111 Authorized'to sign;/, Lessee City Manager *It is Understood and Agreed that Lessee i .-tied to up to eight hundred (800) hours. of use during the term of this rental agreement. Any hours over such eight hundred (800) hour maximum shall result in an additional coat to Lessee at the .rate of $22.15 per hour. t • GENERAL CONDITIONS OF LEASE The condition of lease here below stated,together with the agreement set forth,constitute between the parties therein named a contract which is hereafter referred to as this Agreement. L RENTAL PERIOD. This rental period sboll•be for the term heroin created, 0. INSPECIRON. Before the equipment is loaded for transit to the Lessee he which obeli include all time mnsomned in transporting the equipment,commencing may request and receive en Inspection thereof by his duly appointed agent or with the data of legal delivery to a pub&carrier or agent of the Lemma,and upon employee.The Lessor shall have the right at all reasonable times to enter the return of the equipment the date•of legal delivery by such carrier to the Lessee premises in which the equipment is located daring the rental period For the purposeofine luganinspectionthereat a9mpaba_r. 16. WARRANTFAND D aPECTION.Lasses acknowledges that it has had an 2. DETERMDiAT1ON OF RENTAL CHARGES.The Lessees shall pay rental opporttmity to personally inspect the equipment and that it understands its proper for the entire rental period on each article of equipment named on the caverns aide use.Lessor has made no warranty regarding the equipment except that it will be hereof at the rate therein stipulated,and in ate rdance with the following terms and in good operating ean&tion when loaded for transit.Lessee farther acknowledges amditimx rte duty to inspect.the equipment prior to use and to immediately in writing notify (el Monthly rental rate shall not he subject to any deductions on account of Lessor of any defect or shortage.If the Lessor tails to receive written notice from non-waling time in the month and shall be construed es rneeniegons Lessee within 24 hours of receipt of the equipment of any defect or shortage,the calendar month from the date of the corrunencement of thin contract by Lessee's claim for defect or shortage shall be Void.Lessor has no obligation ler any legal delivery to the carrier as provided In paragraph 1 of these cost lnsurred to Lessee dee to machine breakdown. • conditions,up to a maximum of 160 hours ofuse. B. TITLE. Titie to the equipment shall at all times vest in the Lessor anlese (b) Weekly rental rates shalt snot be subject to any deductions for non-working transferred'to the Lessee through sale. The Lessee shall give the Lessor time in the week and shall be construed as meaning seven(7)days from Immediate notice in ease any equipment is levied upon or from any cause becomes the date of the commencement of tine contract by legal delivery to the liable to seizure. center se provided in paragraph 1 of these condr'tione,uptoamatdrmtm of 40 hours dose. 12. TER MirIATION OF AGREEMBN'L Should the Lessee defer any payment more than thirty(30)days,or become bankrupt,or fail to maintain and operate or Is) Daily rental rates shall not be subject to any deductions for non-woddng to return the equipment as provided by this Agreeutent,or substantially violate than•shalL:be paid for each calendar day in the month except Sundays any provision theteot,the Lessor may without notice,terminate this Agreement. and legal holidays upon which the equipment is not operated,up to a take posseesIo of the equipment Without becoming liable for trespass.and recover mailmen e 8holesbfnae. all rental due,full damages for any injury to,and all axpene a incurred in returning the equipment. L. ... ....... ...... . .. ... .... lfl ATTORNEY FEES. In the event that the Lessor shall employ an attorney • .•• • • •, :. , • and/or connmenee snit to recover the equipment herein leased or to collect any weadyreternelessuillesveseepeelteeLe tndehtedtiess due under this Agreement as herein provided,the Lessee agrees to pay and there shall immediately become dire end payable hero the Lessee as and 3. LOADINQ,U1.LOADINGAND TRANSPORTATION. The Lessee,at his for attorney's fees a reasonable sum.not less than fifty($60.00)dollars,together own expense,shall do sll.loading,unloading,installing,dbsmentlin&end hauling with ell court coats incurred by the Loosen and shall pay alt demesnes,ensuing ing at his own shipping or receiving point,and all freight and switching charges. The charges for return transportation of said 14. TITLE. Title to the equipment shall at all times rest with Lessor unless equipment to Arlington Heights oriemont;Illinois are fob*paid by the Lessee and transferred to the Leases through a fully paid sale.The Lessee shall give Lessor the method coed in trpusportetlon shell.be subject to the approval of the Leaser immediate notice in case any equipment is leviod upon or from any came becomes which most be obtained in advance of shipment. liable to aeiaeae. 4. MAINTENANCE AND OPERATION. Lessee shall not remove,alter: , dlefigure,•or cover up any numbering,.lettering or insignia displayed spun the avei—'^user—.a„.p.y.•....•a, t1.ta nirs..ewt an.5f is...:eteir M ne.e.e.eites equipment.Lessee is responsible for all normal and scheduled maintteeenee ofthe equipment while le their peesenricms including Vie, .+.i+ha jr....d&Ae Admen?Y eyed&ea,th.nir.m rp.ent-anti it.rop,»..nhativse as but not limited to fuel,grease,oils,filters and bucket teeth. *. ... 6. StIPPLYLNG•OPERATOR& Lessee shall furnish qualified operators for the equipmmthereby.beased.It being understood that the lbrnlsblngof said operator is 16. TAXES. The Lessee agrees to pay and indemnify Lessor for all taxes upon the express agreement that said operator shall be the employee of Leasee. incurred in connection with the rental of the equipment including the Chicago Transaction Tax and any other similar tax. 6. DAMAGE TO EQUIPMENT Leases-shall and does hereby indemnity the Lessor against all loss and damage to equipment during the rental period and the 4sh INSURANCE. Leasee all'at his own expense carry and maintain public appraisal of any such los or damage slhatl'be based on the equipment value as .� tylanru ,oa�17. INSURllidon,theft and fire insurance in aannection with the use;maintenance shown on the reverse side hereof and operation of the equipment herein leased,and shall name the Lessor as additional insured'and toes payee for fall value of equipment.Leans must provide 7, REPAIRS.The Lessee shell pay the cost of all repairs or renewals including a copy of proper certifuate prior to release of equipment.Lessor releasin g labor,material end parte,and at the end of the rental period return the equipment equipment does not waive this requirement.An additional 12%of rental rete In the same condition as received:ordinary wear excepted.Ml tire damage and or fee wIl be charged if proper insurance la not provided. repairs are specifically the responsibility of the lessee. 28. SUBLETTING. No equipment shall be sublet by the Lessee,nor shall he 8. L]ABILITY OF LESSEE. Lessee will indemnify and save Lessorbarmkas assign or transfer any interest in this Agreement without mitten consent of the oL from and against all claims,costs,expense,damages and liabilities,by reason of Lessor. personal injury,death,or damage to properly,resulting'from or pertaining to the use and operation of said equipment during the term of this tease,or while said 51 equipment is in possession ofL essee. Lessee Initials �,, OTHER CONDITIONS (1) t L ,ll.0 � t ix retw 3ti' f stasere ai/ E1 iFittei if Lkea.4cl has'+% ( < (2) The contract addendum attached' hereto as Attachment "A" is 'hereby incorporated into and made a part of this agreement as if fully recited herein. 0811 /a► 'A charge of 'SBdgallon willtbe charged'if unit is not returned full of fuel ATTACHMENT"A" CONTRACT ADDENDUM THIS ADDENDUM is intended by the parties hereto to constitute a part of an agreement dated , 2009, by and between the City of Elgin, Illinois, a municipal corporation aW Casey Equipment Company,Inc., an Illinois corporation,for the rental of wheel loaders by the City of Elgin from Casey Equipment Company, Inc. (hereinafter referred to as "Agreement"). It is agreed by the parties hereto that the following provisions shall be included as enforceable terms and.provisions of the Agreement and shall otherwise be incorporated into the Agreement'in every respect 1. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of '.or in connection with the provisions or performance of this Agreement shall be in the Circuit Court of Kane County,Illinois. 2. Notwithstanding any other provision of the Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Lessor shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wage's, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Lessor hereby certifies, represents and warrants to the Lessee that all Lessor's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. Lessor shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement The Lessee shall have the right to audit any records in the possession or control of the Lessor to determine Lessor's compliance with the provisions of this section. In the event the Lessee proceeds with such an audit the Lessor shall make available to the Lessee the Lessor's relevant records -at-no cost to the Lessee,and shall pay all costs of any such audit at Lessor's sole expense. LESSOR: LESSEE: C . • •1UP 1;4,.w•' -! ;r ANY, INC. CITY OF • IN ~ram.'_..•.mea By .40... -deo Its ;''� w;ra ° Manager Attest: N 'ts2d3nc. • City Clerk Masai DeptiAgreemenCC.asey Equipmeatfiontraet Addendum.doc A) • ARLINGTON HEIGHTS,IL 60005 . • Irupxipment PIrtal cikgrr.antnt �tI}i8�1 PnTe3tfmade byand between the City of Elgin, Illinois, a manic ipal corporation• , _��+r 7111nnia corporation • hereinafter called the Lessee and CASEYSQUIPMENT COMPANY;INE hereinafter called the Lessor. lel: That the Lessee and the Lessor for the consideration hereinafter named agree as follows: Under the general conditions-of the lease printed on the reverse aide of this sheet,and made a part of this Agreement,the Lessor in consideration of the payment of the rentals hereinafter described,when and as due,hereby leases to Lessee the following described equipment one (1) JCB 424 UT Whe81 Loader • SM: iet3:/. e tt ton Mora epeno�ofe cost fiye (5) mouth$ • to be furnished $ commencing on the let day of Novemy e r 20 09 ata rental of • $ 3.900,00 per tnon h ,payable$ 3,90).QO .. with the execution of this agreement,being rent for the'fret period of this lease,and the balance in•equel installments of$3-,900.00 payable in advance on the 1st day of each succeeding term ofthis lease as hereinafterprovided. Lessee to pick up and return wheel loader, or, pay k . • ._ fox same. ho week,a one hundred and seventy six(17: menetthe equipment is used in shffta g : •. • • •• d hour a en Hour Lith exceeding;•: .... ..• • :�:y one day,then the Lessee agrees to pay an increased rental for each hour over and:abotte the eight(8) •. a.:hourly rete which is required be paid by the Lessee based on the daily-rate, If no daily rate is . : . ..•.• •.ur rate for extra hours shall be determined under the general • conditions printed on the reverse'side ,. •-•• •• •• ,ph 2,sub-paragraph(d). The Lessee agrees that it will immediately notify Leaser of any increase in . • . - -•« and will permit the Lessor to inspect the job time records which are to be used as a guide in determining • c 1$fi f er c .?ekt that the value of the equipment herein leased is$ 119,500.QO — and that said equipment is to he used at or near Elgin, Ill{r • The Lessor and Leasee for tbemeelvae,their successors,executors,administrators and assigns hereby agree to the full performance of the covenants herein contained. No change in the terms thereof shell be recognized-unless same shall be reduced to writing and signed by the parties to this agreement Lessee from time to time to waive the-Issuance of process and service thereat to.waive trial by jury,to.cc . • =nor of Lessor.its successors and assigns,and against Lowe,for the amount of rent which maybe , •.••• • ..:o e.terms hereof together with the costs of such proceedings and a reasonable sum for plaintiff's , . • • - • a...ut the entry of said judgement,and for said purposes to file in said cause his cognoyit hereof,'an. .• -• in said cognovit or elsewhere,waiving and releasing-all errors which may intervene in such pmts:., •• •it' :.. releasf'ng all right of appeal and right to writof error and consenting to an immediate execution upon such • •� r� gin 1!1;itn I I Bred the parties have caused this agreement to be duly executed at Arlington Heights,Illinois on the oti 5 - day of .<-e.10. t4,744A_ 20 09- . City of Elgin- a :'UIPMEN e,s ,��,�/ see / ; ..- '• EY: �"'rte• ... /F 4 I. Authorized to sign for .e City 'tanager ` *It is Understood and Agreed that Lessee i ed to up to eight hundred (800) hours of use during the .term tenant this rental agreement. ' Any hours over such eight hundred (800) hour maximum shall result in an additional cost to Lessee at the rate of $22.15 per hour. • • • GENERAL CONDITIONS OF LEASE The condition of lease here below stated,together with the agreement set forth,constitute between the parties therein named a contract which is hereafter referred to as this Agreement. • 1. RENTAL.PERIOD. This radal•ptrtod shall be for the temrherein muted, L !MAMMON. Before the equipment tilt tiled for bitheit to the Leasee he which shall include all time bmuktittedfn bwnsport(eg the equipment,commencing may request and receive an inspection thereof by-Ida duly appointed agent or with the date of legal delivery to a public terrier or agent of tbo Lessees,and upon smp)oyfoe.The Lessor shalt have the right at ell reasonable times to enter the return of the equipment the date•oflegal delivery by such carrier to the i.esaor, premises in which the equipment is located during the rental period for the purpose ofm • 10. WARRANTY'AMY DINSPECIION.Lessee acknowledges that it has had an $. DETRITION QP RENTAL CRARQ$$,The Lessees shall pay rental opportwiitY to Personae hupect.the equipnreot and that it understands its proper for the entire rental period on each article of equipment named 00.the reverse side um.Lessor has made no warranty regarding the equipment except.that it will be hereof at the rata therein stipulated,and in eccorne ee with the following terms and in good operating condition when.loaded for transit.Lessee further acknowledges conditions: 'its duty to Impose the equiptent prier to me and to Immediately in writing notify (al Monthly rental rate shall not be autdact to any deductions on aoanunt.of Lessor deny detest or shortage.lithe lams fails to receive written notice from nonworking tune in the month arid-shell be construed as manning otie Leasee within 24 hours of receipt of the equipment of any defect or shortage,the calender month from the date of the eommyncerrtont of this contract by Lessees claim for defect or shortage shrill be void.Lessor has no obligation for shy legal delivery to the carrier as provided in peragraeh 1 of these Brost incurred to Lessee dire tomurbine breakdown • conditions,up to s maximwn of 160 hours of use. 11. TITLE. '15tie to the equipment shall et all times vest ie the Lessor unless (b) Weeklyreatal rates shall not be subject to my dedectioes foe nonworking transferred"to the Lessee through sale. The Louse shell give-the Lessor gale in the week and shall be oogudrtred es meaning seven(7)days from immediate notice in Case any equipment-Is levied upon or from any cause becomes the date or the commencement of this'contract by legal delivery tolls* liable to seizure. carer as provided inpamgaph 1 cfheee conditions,up to maxims of 40 hours d use. 12. TERMINATION OP AGREEMENE Should the Lessee defer.any payment more than thirty(90)days,or became bankrupt,or fail to maintain and operate or (c) Deity rental rates shall not be.subject ib any deductions for non,worldag to return the equipment as provided by this Agreement.or substantially violate time,aballbe paid for each calendar dei•in the month except Sundays any provision thereof the-Lessor may,Without notice,terminate this Agrecmeot, and legal holidays upon which the.equipment is not operated.up to a• take poeseesiorl of the equipment without becoming-liable for trespass.and recover maximum of8hours ofose. all rental due,full damages for any injury to,and all expenses incurred in returning the equipment. .. • .. .. :• •. • .• , •.. . .• • •• .• 18. ATTORNEY FEES. In the event that the Lessor shall employ an attorney s •. • ••• •• • .••. •. •. •• • . .•• • •.. andlor commence oat'to recover the equipment herein leased or to collect any todebtedneba due under chic Agreement as herein provided,the Leasee agrees to pay and there shall immediately become duo and payable from the Lessee es and S. LOADING,UNLOADING AND TRtNSPOIC1'ATIO N. The Lessee,et his for attorney's fees a maaonable.sum,not less than fifty($30.00)dollars,together own expense,shall do all loading,unloading,installing,dismantling,and heeling with an oour a:site incurred by the Leeson and shall pay all demurrage,accruing.at his own shipping or receiving point,end all freight and switching charges. The charges for return transportation of said 14. TITLE). Title to the equipment shall at all times rest with Lessor unless equipment to Arlington Height;ar l emront.ljlinols sire to be paid by the Lavaca and transferred to the Lessee through a•fully paid sale.The Lessee shell give Lessor the method used ie transportation shakl'les subject to the approval of the Lessor immediate notice in case any equipment is levied or from any rause becomes which must he obtained in.advanre of shipment. liable to seizure. • 4. MAINTENANiCE AND OPERATION. Lessee shall not remove,alter, 16. SECURITY, Lr.a„.,he..,iya.a.g,.s,a...c..eity for the pa,.s....t of ell disfigure,or cover•up any numbering,•lettering-or insignia displayed upon the se-'les`'"erne .tr.fey equipment.Lessee is responsible.for all normal and scheduled . ••.•-• — --- .. . :... .... • . . .. : : . • . malnteaaaoe of the equipment wvlafle in':thelr possession,including JONI ee i of<p., .aA+h.,a.r r.. ....r,mac,..r a....a 4 er but not limited to lire!,y1%81;8,0118,filters and bucket teeth. G SUPPLY/NG OPERATORS.Lessee shall furnish qualified operators for the equipment herebyleased. It beteg understood that the ftweiabingof said operator is IS. TAXES. The lessee agrees to pay and indemnify Lessor for all taxes upon the express agreement that said operator shall be the employee of Lessee. incurred in connection with the rental of the equipment including the Chicago Transaction Tax and any other similar tax. 0. DAMAGE TO EQUIPMENT Leasee Abell and does hereby(ndenntl$rthe Lessor against alldass and damage to equipment derkrg the renal period end the -11 1L INSURANCE. Lessee shall et his own expense carry and maintain public appraisal of any such loo or damage shall be based on the egpipatent valhe as liability,celiipoq,theft and firs insurance in cunr}ection with the nee,maintenance shown on the reverse side bereed and opetstion of the equipment herein leased,and shall name the Lessor ea additional Insured end loos payee dor full value of equipment.Ieesee must preside 7. REPAIRS.The Lessee shall pay the eostofallrspeire or renewals Including a copy of-proper certificate prier to release of equipment.Leiser releasing labor,material and porta.and at the end of the rental period return the equiprmont equipment does not waive this requirement.An additional 129E of rental rate is the earns condition as received,ordinary wear ezupted.MI tins damage and or fee will be charged if proper insurance Is not provided. repairs are specifically the responsibility of the-lesaes. 1& SUBLETTING. No equipment shall be sublet by the Lessee,nor shall he 8. LIABILITY OF LESSEE.. Lessee will indemnify and save Lessor harmless assign or transfer any interest in this Agreement without written consent of tho of,from and sgainaa all claims,posts,expebae,damages and liabilities,by remain of Lessor. personal injury,death,or damage to property;resulting from or pertaining to the use and operation of said equipment during the term at this lease,or while said equipment is in possession of Lessee Lessee Initials OTHER CONDITIONS (1)..Te441.fit iS (trig/.�c f a_ NNrr*{t7>M Migafftem. a -few!(4)1.o61e 1 Lars( (2) The contract addendum .attar ed heretoeas Attachment ie4" ie. hereby incorporated iflto and made a part of this agreement. as if gully recited herein. di8'QP e A rharge of$8'56/gallon will becharged.if unit is not returned fall of fuel; 5 • (11.16' ATTACHMENT"A" • CQTiTRAT ADDEN,QIJM THIS ADDENDUM is intended by the parties hereto to constitute a part of an agreement dated , 2009, by and between the City of Elgin, Illinois, a municipal corporation and Casey_llquipment Company,be., an Illinois corporation,for the rental of wheel loaders by the City of Elgin from Casey Equipment Company, Inc. (hereinafter referred to as "Agreement'), • It is agreed by the parties hereto that the following provisions shall be included as enforceable terms and provisions of the Agreement and shall otherwise be incorporated into the Agreement in every respect: 1. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the.resolution of any disputes arising out of or in connection with the provisions or performance of this Agreement shall be in the Circuit Court of Kane County,Illinois. 2. Notwithstanding any other provision of the Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Lessor shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Lessor hereby certifies, represents and warrants to the Lessee that all Lessor's elk employees and/or agents who will be providing products and/or services with respectto this Agreement shall be legal residents of the United States. Lessor shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The Lessee shall have the right to audit any records in the possession or control of the Lessor to determine Lessor's compliance with the provisions of this section. In the event the Lessee proceeds with such an audit the Lessor shall make available to the Lessee the Lessor's relevant records at no cost tothe Lessee,and shall pay all costs of any such audit at Lessor's sole expense. LESSOR: LESSEE: CA�" "Q w • • ANY,INC. CITY OF� GIN �./� By ;i® • // Its ,, �� 'City Manager Attest: • City Clerk F:'Legal Dept\AsreernsmACtseyDeptEqu pment•Contr$e Addendum.doc • • C �{OF E4c. Memorandum Al)1 k City -cif Elgin ,��44TEn«6'.. Date: October 2.1-,2009 To: Dave Lawry, General Services-Group Director • From: Jennifer Quinton,Deputy City Clerk Subject: Resolution No.09-218,Adopted at the October 14,2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreements with Casey Equipment for Rental.of Wheel Loaders for the City's Salt Storage FacilitiesAti) AI • . . t • Resolution No. 09-218 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH CASEY EQUIPMENT FOR RENTAL OF WHEEL LOADERS FOR THE CITY'S SALT STORAGE FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall,City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute two agreements on behalf of the City of Elgin with Casey Equipment for the rental of two wheel loaders-for the city's salt storage facilities,a copy of which is attached hereto and made apart hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: October 14,2009 Adopted: October 14,2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk