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HomeMy WebLinkAbout24 - Professional Services Agreements - TLC Septic Services - Portable Restroom Rental PORTABLE RESTROOMS RENTAL AGREEMENT TLC SEPTIC SERVICES 6020 Kessler Belgrade, MT 59714 be �jnj��i/ - 406-388-7696 = ar7Cl C�irrrrnlc/�/�a.�`l�� MT DEQ#S-966 tU -ZC www.ticservicesmt.com DELIVERY DATE: PICK UP DATE: EVENT DATE: Billing Name: City Of Bozeman Phone: 406-582-2325/406-599-0166 Billing Address: 121 N Rouse St/PO Box 1230 City: Bozeman St: MT Zip: 59715/ 59771 Email: kpeters@bozeman.net Service Name: City Of Bozeman Onsite Phone: 406-582-2325/406-599- 0166 Service Address: Max Ave, Rawhide, Kimberwicke St, Prince Ln, Nelson Rd,Wheat Dr, 11th Ave, Baxter Meadows City: Bozeman St: MT Zip: 59715 Onsite Contact Name: Kira Peters SERVICE DESCRIPTION Unit Type Quantity Rate Total Deposit for Events REG BLUE UNIT 10 $210/unit/month $2,100 REG PINK UNIT SINK BLUE UNIT SINK PINK UNIT ADA UNIT HANDWASH STATION HAND SAM STATION GREY WATER URINAL ADDITIONAL CLEANING WINTERIZATION 10 $50/unit/month $500 TOTAL $2,600 *Note:Winterization is only charged during winter months Summer Rate: Per Unit Per Month $210 Winter Rate: Per Unit Per Month $260 SPECIAL INSTRUCTIONS: Right to claim lien under Montana Law for all services and materials furnished. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT ON THE PART OF BOTH TLC"CONTRACTOR"AND CUSTOMER AND THEIR RESPECTIVE HEIRS,SUCCESSORS AND ASSIGNS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT. /l L ANDREA FULLERTON CUSTOMER NAME: W/ `L TLC SEPTIC SERVICES REPRESTATIVE SIGNATURE: /,. 1 n � PRINT NAME&TITLE: �l/I �ti° /�, �fT, l � v�/ /� at7ay2�e_ LENGTH OF RENTAL: MONTHLY CONTRACT DATE: PORTABLE RESTROOMS RENTAL AGREEMENT TLC SEPTIC SERVICES 6020 Kessler Belgrade,MT 59714 406-388-7696 MT DEQ#S-966 TERMS: 1. FULL PAYMENT DUE NET 30 DAYS.INVOICES WILL BE SENT THE BUSINESS DAY PRIOR TO DELIVERY AND THEN ON THE 1ST OF EACH MONTH THATTHE UNITS ARE BEING RENTED,AFTER THE INITIAL DELIVERY INVOICE 2. CONTRACTOR'S OBLIGATIONS:The Contractor shall: a. Supply the sanitation units and provide the type of service plan agreed upon.The delivery dates are approximate and the Contractor shall have no liability for any failure or delay in making delivery or for failure to give notice of any such failure or delay. b. Provide such other additional units,servicing,and recharging as requested by Customer at Contractor's customary rates. C. Maintain sanitation units in good working order under ordinary use.The Contractor shall not be responsible for failure to render such maintenance due to causes beyond the reasonable control of Contractor. d. Schedule recharging and servicing as requested by Customer within Contractor's servicing area at Contractor's customary charge. 3. CUSTOMER'S OBLIGATIONS:Customer shall: a. Customer will do a garbage and sharps removal service prior to TLC's employees arriving to service the units.All service days will be provided to the Customer. b. Pay amounts due as indicated as indicated in term(1),and all subsequent amounts due,not later than three(3)days after the monthly service period or as indicated on monthly invoices,whichever is greater.All charges are payable in full with no privilege to pay in installments. C. Retain absolute and sole control,possession,and custody of sanitation units and return suck units to Contractor at end of the service period. d. Make no alterations in or attachments to the units with Contractor's written permission. e. Make no use of the units other than for sanitation purposes. f. Keep the units free and clear of all levies,liens,and encumbrances,and pay all government charges and taxes applicable to this agreement,except state and federal income taxes. g. Make units available or accessible for servicing or maintenance at ground level during normal business hours without hazard to Contractor,its agents,employees,or equipment.If Contractor is unable to service the units due to Customer's failure to make them accessible,Contractor is not responsible for any damages that accrue therefrom:Customer will be charged for a service call,and will be charged for any additional service call made necessary by his failure. h. Notify Contractor verbally or in writing of any desired cancellation of sanitation service at least five(5)working days prior to such cancellation.Customer further agrees to notify Contractor immediately upon the termination of any construction project which the unit services. i. Notify Contractor immediately and discontinue use of the units if the units become unsafe or in disrepair for any reason. Contractor is not responsible for any incidental or consequential damages caused by delays or otherwise. j. Operate the units in uniformity with all applicable laws and regulations including,but not limited to,Occupational Safety and Health Act(OSHA),and accept delivery and service of sufficient toilets for the location as required by law and regulation. 4. Contractor reserves the right to give written notice of cancellation at any time. S. DURATION:The service contract is for monthly rental only.No pro-rated adjustments are made for partial monthly use.Unless otherwise agreed in writing,the MINIMUM RENTAL PERIOD IS ONE(1)MONTH. 6. WARRANTIES:THERE ARE NO WARRANTIES OF MERCHANTABILITY,OR FITNESS,EITHER EXPRESS OR IMPLIED.There is no warranty that the units are suited for Customer's intended use,or that they are fee form defects. 7. DEFAULT:If Customer fails to pay any rental payment or other charges due,or perform any of its other obligations,Contractor, without notice shall have the right to terminate this agreement immediately,to take possession of any or all its property without any legal process,to enter Customer's premises to take such possession,or pursue any other remedy at law or equity.All such remedies shall be cumulative and may be exercised concurrently. 8. LATE PAYMENTS: Should Customer fail to pay any amount within ten(10)days after its due date,a late charge of 5%PER MONTH will be charged on all such overdue accounts. 9. COLLECTION COSTS:Customer agrees to pay all reasonable collection,attorney's and court fees and other expenses involved in the collection of charges or enforcement of Contractor's rights under this contract. 10. DAMAGED OR LOST UNITS:Customer agrees to pay for any damage to or loss of the goods,as an insurer,regardless of cause,except reasonable wear and tear,while the units are out of the possession of Contractor.The cost of repairs will be borne by Customer, whether performed by Contractor or at Contractor's option,by others.Units damaged beyond repair will be paid for at their replacement cost.Customer agrees to accept Contractor's decision as to whether damage is repairable. 11. NONWAIVER:No provision of this contract can be waived except by the written consent of Contractor.Failure by Contractor to enforce any provision shall not constitute a waiver of provision.Acceptance of the returned units shall not waive any claims by Contractor against Customer. 12. ASSIGNMENT:A purported assignment of this contract by the Customer shall by void. 13. SEVERABILITY:The provisions of this agreement shall be severable so that the invalidity,unenforceability,or waiver of any of the provisions shall not affect the remaining provisions. 14. INSPECTION:Customer acknowledges that he has had an opportunity personally to inspect the sanitation units,and finds them suitable for his needs and in good condition,and that he understands their proper use.Customer further acknowledges his duty to inspect the units prior to use and to notify Contractor of any defects. 15. GOVERNING LAW:The//agreement shall be governed in all respects by the laws of the State of Montana. CUSTOMER INITIAL: (31/�