HomeMy WebLinkAbout25-0924 Sunbelt Rentals EQUIPMENT RENTAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this 24th day of_ September , 2025,
by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City") and Sunbelt Rentals, Inc., a North Carolina corporation (hereinafter referred to as
"Sunbelt").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
1. RENTAL. City shall rent, and Sunbelt shall lease to City the rental of goods and
services described herein and by Attachment A, attached hereto and made a part hereof, and as
provided by OMNIA Partners Contract#R241502, incorporated herein by reference(the"OMNIA
Agreement').
2. TERMS. This agreement shall be subject to the terms and conditions contained
herein, as provided by Attachment A and the OMNIA Agreement. In the event of any conflict
between any of the terms and provisions this Agreement and either Attachment A or the OMNIA
Agreement,or any portion thereof,the terms and provisions of this Agreement shall supersede and
control. In the event of any conflict between Attachment A and the OMNIA Agreement,
Attachment A shall supersede and control.
3. SCOPE OF WORK. Sunbelt shall install,setup,operate and remove all equipment
during the rental period.
4. DURATION. Sunbelt shall setup and install equipment starting October 25, 2025,
and shall remove all equipment on October 26, 2025.
5. LAWNENUE. This agreement is subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Sunbelt
hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County,Illinois for the
enforcement of any rights, the resolution of any' disputes and/or for the purposes of any lawsuit
brought pursuant to this agreement or the subject matter hereof;and Sunbelt agrees that service by
first class U.S. mail to CT Corporation System. 208 S. LaSalle St., Suite 814, Chicago, Illinois
60604 shall constitute effective service.
6. NO MODIFICATION. There shall be no modification of this agreement, except
in writing and executed with the same formalities of the original.
7. PAYMENT. City shall pay a total sum of$39,681.11 on or before November 30,
2025. The aforementioned total sum is inclusive of all applicable transportation, freight, shipping,
labor costs and applicable taxes. City is a tax-exempt governmental body.
8. MERGER. This agreement embodies the whole agreement of the parties. There
are no promises, terms, conditions or obligations other than those contained herein, and this
agreement shall supersede all previous communications, representations or agreements, either
verbal,written or implied between the parties hereto.
9. INTEREST. Sunbelt hereby waives any and all claims or rights to interest on
money claimed to be due pursuant to this agreement,and waives any and all such rights to interest
to which it may otherwise be entitled pursuant to law, including,but not limited to,pursuant to the
Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1,et seq.),as amended.The provisions of this paragraph shall survive
any expiration,completion and/or termination of this agreement.
10. SEVERABILITY. The terms of this Agreement shall be severable. In the event
any of the terms or the provisions of this Agreement are deemed to be void or otherwise
unenforceable for any reason,the reminder of this Agreement shall remain in full force and effect.
11. COUNTERPARTS AND EXECUTION. This Agreement may be executed in
counterparts,each of which shall be an original and all of which shall constitute one and the same
Agreement. This Agreement may be executed electronically, and any signed copy of this
Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in
all manners and respects as an original document. The signature of any party on a copy of this
Agreement transmitted by facsimile machine,email,or other electronic means shall be considered
for these purposes an original signature and shall have the same legal effect as an original signature.
12. LIMITATION OF DAMAGES. In no event shall either party be liable for any
consequential,special or punitive damages,or any damages resulting from loss of profit.
13. INDEMNIFICATION. To the fullest extent permitted by law, Sunbelt agrees to
and shall indemnify and hold harmless the City,its officers,employees,boards and commissions
from and against any and all third-party claims, suits,judgments, costs, reasonable attorney's
fees,damages or any and all other relief or liability arising out of or resulting from any wrongful
acts or negligent acts or omissions of Sunbelt or Sunbelt's officers, employees, agents or
subcontractors in the performance of this agreement, including but not limited to, all goods
delivered or services or work performed hereunder. During the rental period, and unless Sunbelt
is performing setup, breakdown, or maintenance services, the equipment is in the City's
possession and control therefore, Sunbelt is not responsible for any claims to the proportionate
extent arising from CITY's or any of its contractors, suppliers, officers, agents, or employees'
negligent acts or omissions in the performance of this Agreement. Subject to the above, in the
event of any action against the City, its officers, employees, agents, boards or commissions
covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be
defended by legal counsel of the City's and Sunbelt's reasonable choosing.
14. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the parties hereto.
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15. WAIVER.Neither party hereto shall be responsible for any consequential,indirect,
punitive or incidental damages for any reason whatsoever. Any delay or failure by the City to
enforce any rights arising out of or pursuant to this Agreement shall not constitute, and shall not
be construed as,a waiver of any such rights.
16. LIMITATION OF ACTIONS.Sunbelt shall not be entitled to,and hereby waives,
any and all rights that it might have to file suit or bring any cause of action or claim for damages
against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and
commissions of any nature whatsoever and in whatsoever forum after two (2)years from the date
of this Agreement.
17. TIME IS OF THE ESSENCE.Time is of the essence of this Agreement.
18. NO WAIVER OF IMMUNITIES OR RIGHTS.This agreement is not intended
and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities
afforded the City and/or Sunbelt and/or their officials,officers,employees and/or agents pursuant
to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-
101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as
amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set
forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any
claims asserted or which might be asserted against the City and/or Sunbelt and/or their respective
officials, officers, employees and/or agents as a result of this agreement or any actions of the
Parties pursuant to this agreement.
19. NO SPECIAL OR OTHER DUTY.No special duties or obligations are intended
and shall not be deemed or construed to be created by this agreement.Notwithstanding anything
to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are
intended or shall be construed to be created by the provisions of this agreement and it is the
intention of the parties hereto that no action may be commenced by any person or entity against
the City and/or Sunbelt and/or their respective officials, officers, employees, agents and/or other
related persons or entities for monetary damages for any alleged breach or failure to provide
services described in this agreement. The provisions of this section shall survive any expiration
and/or termination of this agreement.
20. PROHIBITED USE. City shall not (a)alter or cover up any decals or insignia on
the Equipment, remove any operating or safety equipment or instructions or alter or tamper with
the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site
Address without Sunbelt's written consent; (d) use the Equipment in a negligent, illegal,
unauthorized or abusive manner; or(e)publicize use of the Equipment in any manner(including,
without limitation,print,audiovisual or electronic);or(f)allow the use of the Equipment by anyone
other than Authorized Individuals (City acknowledging that the Equipment may be dangerous if
used improperly or by untrained parties).
21. ASSIGNMENT. Neither party may without written approval of the other assign
this agreement or transfer its interest or any part thereof under this agreement to any third party
except that a party may assign its rights or obligations to a third party in connection with the
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merger, reorganization or acquisition of stock or assets affecting all or substantially all of the
properties or assets of the assigning party.
OF GIN SUNBELT RENTALS, INC.
Mindi Callahan
Ric card i. 'ozal, Ci Ma► , Print Name
ty
Attes _ _.
City Cl k Signature
C:nntrart Manager
Title
Legal Dept\Agreement\Purchase Agreement-Sunbelt Rentals-9-10-25.doca
4
SUNBELT
PC#: 1341
*
RENTALS SUNBELT RENTALS, INC.
Page 1 of
360 KING ST Salesman: 134103 BASINGER, ALEXIA (13
ELK GROVE VILLAGE IL 60007 1 Typed By: ABASINGER
847-725-7168
Job Site: QUOTE
CITY OF ELGIN 150 DEXTER CT 11110111111111111111111111111
ELGIN, IL 60120 5527
Contract #.. 173166269
C#: 847-931-5604 J#: 224-833-1511 Contract dt. 8/20/25
Date out.... 10/25/25 8:00 AM
r: Est return.. 10/26/25 8:00 AM
Customer: 523463
CITY E234GI Job Loc 150 DEXTER CT, ELGIN
150 DEXTER COURT Job No 11- CITY OF ELGIN -
ELGIN, IL 60120 P.O. # QUOTE
Ordered By.. MEDINA, SMOOCH
NET 30
I
QTY EQUIPMENT # Min Day Week 4 Week Amount
55.00 SPIDER BOX TPB50P 37.50 37.50 102.50 362.50 2062.50
0060001
6.00 400AMP CAM W/4 100AMP CAM OUT 61.75 61.75 137.25 335.75 370.50
0060245
6.00 200AMP SPIDER BOX FEEDER PNL 102.60 102.60 213.30 568.65 615.60
0060390
4.00 400AMP SPIDER BOX FEEDER PNL 99.75 99.75 199.80 532.95 399.00
0060400
4.00 100KW DIESEL GENERATOR 490.00 490.00 1095.00 3080.00 1960.00
0090100
#3PHASE, 480V
1.00 150KW DIESEL GENERATOR 836.00 836.00 1920.00 4754.00 836.00
0090120
#3PHASE, 480V
30.00 25' SPIDER BOX CABLE 6/4 19.00 19.00 44.10 127.50 570.00
35.00 50' SPIDERBOX CABLE 6/4 17.55 17.55 54.31 160.00 614.25
60.00 100' SPIDERBOX CABLE 6/4 40.51 40.51 92.66 227.19 2430.60
45.00 50' #2 BANDED 5-WIRE 8.00 8.00 40.00 115.00 360.00
50.00 4/0 CAMLOCK CABLE 50' 13.21 13.21 26.55 62.50 660.50
30.00 4/0 FEMALE PIG TAIL 4.75 4.75 11.25 30.60 142.50
30.00 4/0 MALE PIG TAIL 4.75 4.75 11.25 30.60 142.50
500.00 CABLE RAMPS 7.00 7.00 24 .50 52.50 3500.00
12.00 CAMLOCK TURNAROUND M TO M 1.43 1.43 3.78 7.91 17.16
IF THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR
PROPERLY,NOTIFY THE OF1RCE AT ONCE OVERTIME RATES MAY APPLY REFUE JNG.DAMAGES AND REPAIRS
1. The total charges are an estimate based on the estimated rental period and other Information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,ktcludtg airy and damage to persons,property and the Equipment.
shall
3. Customer is responsible for and s only permit properly trained.Authorized Individualsto use the Equipment.
4. If the Equipment does not operate property,is not suitable for Customer's intended use,does not have operating and safety Instructions or Customer has any questions regarding use of the Equipment,
Customer shall not use the Equipment and shall contact Sunbelt Immediately.
5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily Injury or death and Customer agrees that Customer(I)assumes all risk associated thereunder,and(Ii)
indemnifies Sunbelt Entitles for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment.
6. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),including Release and
Indemnification in Section 8 and Environmental Fee in Section 16,which can also be found at www.sunbeltrentalscondrentaicontract.'Delivery/Pickup Surcharge fee explanation is available at
www.s nbeitrentale.coon(surcharge
7.Customer must contact Sunbelt to request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible ford Equipment until aualtyretrieved by Sunbelt.
8.Customer waives its right to a luy trial In any dispute as set forth in Section 19.
9. At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.
Customer Is dechning Rental Protection Plan(see reverse side for details) (Customer Initials)
Customer Signature Date Name Printed Delivered By Date
www.sunbeltrentals.com POF WS6(Rev 02128,22)
Page 2 0f 3
SUNBELT,
RENTALS SUNBELT RENTALS, INC.
PC#: 1341
360 KING ST Salesman: 134103 BASINGER, ALEXIA (13
ELK GROVE VILLAGE, IL 60007 1 Typed By: ABASINGER
847-725-7168
Job Site: QUOTE
CITY OF ELGIN 150 DEXTER CT III 111111111111111111111111111
IIIIIIIIIIIIIIIIIIIIIIIII
ELGIN, IL 60120 5527
Contract #.. 173166269 .
C#: 847-931-5604 J#: 224-833-1511 Contract dt. 8/20/25
Date out.... 10/25/25 8:00 AM
523463 Est return.. 10/26/25 8:00 AM
Customer: Job Loc 150 DEXTER CT, ELGIN
CITY OF
E 234
IT DEXTER COURT IN Job No 11- CITY OF ELGIN -
150
ELGIN, IL 60120 P.O. # QUOTE
Ordered By.. MEDINA, SMOOCH
NET 30
QTY EQUIPMENT # Min Day Week 4 Week Amount
*** EQP MSG ***
8 Hrs/Day 40 Hrs/Wk = 1.0x Rate
9-16 Hrs/Day 41-80 Hrs/Wk = 1.5x Rate
17+ Hrs/Day 81+ Hrs/Wk = 2.0x Rate
During a declared state of emergency and/or a pending or existing
natural disaster, all rentals of this generator type will be billed
at a one-week minimum rental period for 24-hours of usage per day.
The one-week minimum rental at 24-hour usage rates does not apply
to pre-existing generator rentals.
SALES ITEMS:
Qty Item number Unit Price
24 DLABOR EA 365.000 8760.00
2218XXX050 DISMANTLE LABOR
#TEARDOWN SUNDAY
48 ELABOR EA 185.000 8880.00
2218XXX050 ERECTION LABOR
#SETUP FRIDAY/SATURDAY
12 ELABOR EA 280.000 3360.00
2218XXX050 ERECTION LABOR
#TECH. WATCH DAY OF EVENT
DELIVERY CHARGE 2000.00
PICKUP CHARGE 2000.00
IF THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR
PROPERLY.NOTIFY THE OFRCE AT ONCE OVERTIME RATES MAY APPLY RERJEING,DAMAGES AND REPAIRS
1. The total charges are an estimate based on the estimated rental period and other Information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,including Slur/and damage to persons,property and the Equipment.
W 3. Customer Is responsible for and shall only permit property trained.Authofid Individuals to use the Equipment.
4. If the Equipment does not operate properly,is not suitable for Customer's intended us*.does not have operating and safety instructions or Customer has any questions regardng use of the Equipment.
Customer shall not use the Equipment and shall contact Sunbelt Immediately.
S. Equipment misuse or using damaged or malfunctioning Equipment may resutt in serious bodily Injury or death and Customer agrees that Customer(I)assumes all risk associated thereunder,and nit
Indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment
6. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),including Release and
Indemnification in Section 8 and Erwironmental Fee In Section 16,which can also be found at www.sunbeltrenfals.comlremalcontract.'Delivery/Pickup Surcharge fee explanation is available at
w w w.,unbslt rent al s.come surdnarrppe.
7. Customer must contact Sunbelt hS request pickup of Equipment,retain the lick-Up Number given by Sunbelt and will be responsible for Equipment until act uallyretrieved by Sunbelt.
8. Customer waives its right to a Jury trial In any dispute as set forth In Section 19.
9. At the election of Sunbelt or Customer.Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.
Customer is declining Rental Protection Plan(see reverse side for details) (Customer Initials)
Customer Signature Date Name Printed Delivered By Date
www.sunbeltrentalscom PDFws6(R.v 02/28/22)
Page 3 of 3
SUNBELT
RENTALB SUNBELT RENTALS, INC.
PC#: 1341
360 KING ST Salesman: 134103 BASINGER, ALEXIA (13
ELK GROVE VILLAGE. IL 60007 1 Typed By: ABASINGER
847-725-7168
Job Site: QUOTE
CITY OF ELGIN 150 DEXTER CT III IIIIIIIIIIIIIIIIII IIIIII III
ELGIN, IL 60120 5527
Contract #.. 173166269
C#: 847-931-5604 J#: 224-833-1511 Contract dt. 8/20/25
Date out.... 10/25/25 8:00 AM
Customer: 523463 Est return.. 10/26/25 8:00 AM
CITY OF ELGIN Job Loc 150 DEXTER CT, ELGIN
150 DEXTER COURT Job No 11- CITY OF ELGIN
ELGIN, IL 60120 P.O. # QUOTE
Ordered By.. MEDINA, SMOOCH
NET 30
QTY EQUIPMENT # Min Day Week 4 Week Amount
SALES ITEMS:
Qty Item number Unit Price
Sub-total: 39681. 11
Total: 39681. 11
All amounts are in USD
1
IF THE ryfaUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR
PROPERLY,NOTIFY THE OFRCE AT ONCE OVERTIME RATES MAY APPLY REFUELING,DAMAGES AND REPAIRS
1. The total charges are an estimate based on the estimated rental period and other Information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period,Including injury and damage to persons,property and the Equipment.
3. Customer is responsible for and shall only permit properly trained,Authorized Individuals to use the Equipment.
4. If the Equipment does not operate property,is not suitable for Customer's intended use,does not have operating and safety Instructions or Customer has any questions regarding use of the Equipment.
Customer shall not use the Equipment and shall contact Sunbelt Immediately.
S. Equipment misuse or using damaged or malfunctioning Equipment may result In serious bodily injury or death and Customer agrees that Customer(i)assumes all risk associated thereunder,and(il)
Indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment
6. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page.plus all sections on the reverse side of this Contract("Sections"),including Release and
Indemnification in Section 8 and Environmental Fee in Section 16,which can also be found at www.sunbeltrentals.com.'rentakontract.'DekverylPickup Surcharge fee explanation is available at
www.stnbeltrentes.
7. Customer must contact t request pickup of Equipment.retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actualyrefneved by Sunbelt.
8. Customer waives its right to a Jury trial in any dispute as set forth Ni Section 19.
9. At the election of Sunbelt or Customer,Customer agrees to submit every dspu to to arbitration and waives any right to bring a class action as sat forth in Section 20.
Customer is declining Rental Protection Plan(see reverse side for details) _ (Customer Initials)
Customer Signature Date Name Printed Delivered By Date
www.sunbeltrentals.com PDFWS6(Rev 02/28/22)