RFQ 275 - Mobile Kitchen - US Mobile Kitchens Bid Response.msg

RFQ 275 - Mobile Kitchen - US Mobile Kitchens Bid Response

CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns.

Good afternoon Jason! Please find our submission for RFQ275 – Mobile Kitchen for the Nampa, ID facility. The attached document includes the following pages:

Separately, and per the guidance in your bid document, I am attaching our USMK Terms and Conditions document which we would like to have included as an exhibit in the final contract. It is understood from your bid document, Item C.6 – Priority of Documents, that our terms will be supplemental to IDJC terms.

While these notes are also included in RED in Exhibit B – Pricing, I wanted to reiterate here for clarity that our pricing DOES include the following items:

We look forward to responding to any additional questions you may have regarding our capabilities, references, equipment and the responses included in this bid response.

Best, Mike

Mike Hughes

Manager – Sales (Central Region / Florida)

U.S. Mobile Kitchens a division of Mobile Concepts, Inc.

4 Glyndon Dr., Suite 2L

Reisterstown, MD 21136

336.497.8330 – Direct - EST www.usmobilekitchens.com

Rentals & Sales of Mobile & Modular Cooking, Prep, Dishwashing, Refrigeration, Dining, Laundry, Sleeping, Shower & Restroom Units.

This message is for the designated recipient only and may contain privileged, proprietary, or otherwise private information. If you have received it in error, please notify the sender immediately and delete the original. Any other use of the email by you is prohibited.

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RFQ 275 - Final Bid Document (Time stamped with Signatures) - US Mobile Kitchens.pdf

STATE OF IDAHO

Department of Juvenile Corrections

SIGNATURE PAGE

No liability will be assumed by the Idaho Department of Juvenile Corrections for a vendor’s failure to obtain the terms and conditions and any properly issued solicitation addendums in a timely manner for use in the vendor’s response to this solicitation or any other failure by the vendor to consider the terms, conditions, and any addendums in the vendor’s response to the solicitation.

Upload in IPRO, Fax or E-mail your Quotation to: 208-855-2439 (e-mail: jason.urquhart@idjc.idaho.gov)

OR

Mail your quotation package to: Idaho Dept. of Juvenile Corrections

P.O. Box 83720

Boise, ID 83720-0285

Attn. Jason Urquhart

OR

FedEx, UPS, or other Couriers: Idaho Dept. of Juvenile Corrections

954 W. Jefferson St.

Boise, ID 83720

Attn. Jason Urquhart

This RFQ response is submitted in accordance with all documents and provisions of the specified RFQ number and title provided below. By my signature I accept the terms, conditions and requirements contained in the solicitation, including, but not limited to, the STATE OF IDAHO STANDARD CONTRACT TERMS AND CONDITIONS and the SOLICITATION INSTRUCTIONS TO VENDORS in effect at the time this RFQ was issued, as incorporated by reference into this solicitation; as well as any SPECIAL TERMS AND CONDITIONS incorporated in the solicitation documents (e.g. Software, Telecommunications, Banking, etc.). As the undersigned, I certify I am authorized to sign and submit this response for the named Vendor. I further acknowledge I am responsible for reviewing and acknowledging any addendums that have been issued for this solicitation.

RFQ NUMBER______275________ RFQ TITLE ____Mobile Kitchen______________________

VENDOR (Company Name) ____Mobile Concepts, Inc, dba US Mobile Kitchens_____________

ADDRESS ____4 Glyndon Drive Suite 2L_____________________

CITY, STATE, ZIP ___Reisterstown, MD 21136______________________

PHONE ____443-744-8484_____ FAX _____N/A___________ FEIN ___27-2357119___

E-Mail ______michaelh@usmobilekitchens.com __________________________

Signature __________________________________ Date ___Jan 17, 2024____

Printed Name ______Mike Hughes____________ Title ______Region Manager_________

RETURN THIS SIGNATURE PAGE WITH YOUR QUOTE

DocuSign Envelope ID: 0B47EDF4-67E7-4C60-BC7D-177D5458789B

1/26/2024

Exhibit A – Specifications

RFQ 275

Mobile Kitchen

REV 1

(Below are the specifications for this RFQ. The MKU you quote must meet all of the Specifications for the MKU, and the MDU you quote must meet all of the Specifications for the MDU. If you cannot meet any of these specifications, you may submit a question in writing to the contact for this RFQ by the date and time for written questions due. After the quotes are due and before the Contract is awarded, IDJC will not consider requests for changes to the specifications and will not accept quotes that don’t meet all of the specifications.)

Specifications for Delivery and Removal:

The Contractor is responsible for delivery and removal of the unit(s).

Specifications for the MKU:

(SPEC-1) It is most likely that there will be no available gray-water drain, so the Contractor must provide a minimum of one (1) two hundred (200) gallon tank into which gray water drains. JCC-Nampa will arrange for the periodic emptying of the tank.

(SPEC-2) At no additional cost: The Contractor must place the MDU in such a way so that the unit is level, and the Contractor must install any necessary skirting*. (* Since we anticipate that we will only need the MKU during what are typically warmer months, we will only require skirting if IDJC, in its sole discretion, determines that skirting is necessary to protect pipes underneath the MKU from freezing. This determination can be made at any time during the term of the Contract, and the Contractor must install the skirting within seventy-two [72] hours of notification by IDJC. Notification here means, at a minimum, an email from IDJC to the Contractor’s customer services email address.)

(SPEC-3) At no additional cost: Before acceptance by IDJC, the Contractor must make sure that all lighting, HVAC and equipment is functioning properly.

(SPEC-4) The MKU HVAC must maintain an internal temperature of no less than sixty-five degrees (65°) Fahrenheit and no more than seventy-five degrees (75°) Fahrenheit so that staff are comfortable while working in the MKU.

(SPEC-5) The MKU must have sufficient internal space for at least two (2) food service staff to work within the space at the same time.

(SPEC-6) The MKU must come with a freezer with a minimum of eighty (80) square feet of internal space and the freezer must maintain an internal temperature of zero degrees (0°) Fahrenheit. The freezer must have an external viewable thermometer so that temperature may be monitored. We request that the freezer come with shelving, but JCC-Nampa can use existing shelving if necessary.

(SPEC-7) The MKU must come with a refrigerator with a minimum of eighty (80) square feet of internal space and the refrigerator must maintain an internal temperature of thirty-eight degrees (38°) Fahrenheit. The refrigerator must have an external viewable thermometer so that temperature may be monitored. We request that the freezer come with shelving, but JCC-Nampa can use existing shelving if necessary.

(SPEC-8) The MKU must come with a commercial range with the minimum of four (4) large burners.

(SPEC-9) The MKU must come with a minimum of two (2) convection ovens each with a sufficient internal width and depth to hold a full-sized sheet pan (18” x 26”), and each having a minimum of six (6) racks. The convection ovens must each have an external viewable thermometer so that temperature may be monitored, or each must come with a thermometer that can be hanged on a shelf rack inside the convection oven.

(SPEC-10) The MKU must come with a temperature controlled (held between sixty degrees (60°) Fahrenheit and seventy degrees (70°) Fahrenheit) dry storage area that has a minimum of three hundred fifty (350) square feet of interior storage space. JCC-Nampa will provide its own shelving. If there is not sufficient space in the MKU or in the MDU to provide this amount of dry storage space, the Contractor may provide a separate temperature controlled (held between sixty degrees (60°) Fahrenheit and seventy degrees (70°) Fahrenheit) dry storage unit.

This unit will be a leased unit as well. (Please note that due to space limitations and the difficulty of making an additional electrical connection, JCC-Nampa prefers that dry storage not be provided by a separate unit.)

(SPEC-11) The MKU must have at least two (2) sinks. There must be at least one (1) handwashing sink (no specific dimension requirements) and one (1) food prep sink measuring 24” W x 24” L x 12” D.

(SPEC-12) The MKU must have counter-top space for food prep.

(SPEC-13) If the MKU uses gas, it must be propane. JCC-Nampa will arrange for the periodic filling of the tank and pay for the propane. (The Vendor must indicate whether or not it will provide the propane tank in Exhibit B

– Price Sheet. If the Vendor has indicated Yes it will, then, if awarded the Contract, must also place the tank and make the connection to the MKU, and JCC-Nampa will not be responsible for the tank having any particular amount of propane when the Contractor removes the MKU.)

Specifications for MDU:

(SPEC-14) It is most likely that there will be no available gray-water drain, so the Contractor must provide a minimum of one (1) two hundred (200) gallon tank into which gray water drains. JCC-Nampa will arrange for the periodic emptying of the tank.

(SPEC-15) At no additional cost: The Contractor must place the MDU in such a way so that the unit is level, and the Contractor must install any necessary skirting*. (* Since we anticipate that we will only need the MDU during what are typically warmer months, we will only require skirting if IDJC, in its sole discretion, determines that skirting is necessary to protect pipes underneath the MDU from freezing. This determination can be made at any time during the term of the Contract, and the Contractor must install the skirting within seventy-two [72] hours of notification by IDJC. Notification here means, at a minimum, an email from IDJC to the Contractor’s customer services email address.)

(SPEC-16) At no additional cost: Before acceptance by IDJC, the Contractor must make sure that all lighting, HVAC and equipment is functioning properly.

(SPEC-17) The MDU HVAC must maintain an internal temperature of no less than sixty-five degrees (65°) Fahrenheit and no more than seventy-five degrees (75°) Fahrenheit so that staff are comfortable while working in the MDU.

(SPEC-18) The MDU must have sufficient internal space for at least two (2) food service staff to work within the space at the same time.

(SPEC-19) The MDU must have at least two (2) sinks. There must be at least one (1) handwashing sink (no specific dimension requirements) and one (1) three-compartment sink for dishwashing (no specific dimension requirements except each compartment must be large enough to have a full sized sheet pan measuring 18” x 26” washed in it).

(SPEC-20) The MDU must have counter-top space to dry dishes measuring at least 28” W x 84” L.

(SPEC-21) If the MDU uses gas, it must be propane. JCC-Nampa will arrange for the periodic filling of the tank and pay for the propane. (The Vendor must indicate whether or not it will provide the propane tank in Exhibit B

– Price Sheet. If the Vendor has indicated Yes it will, then, if awarded the Contract, must also place the tank and make the connection to the MDU, and JCC-Nampa will not be responsible for the tank having any particular amount of propane when the Contractor removes the MDU.)

Specifications for the Dry Storage Unit (if you are quoting the lease of a separate dry storage unit):

(SPEC-22) At no additional cost: The Contractor must place the dry storage unit in such a way so that the unit is level, and the Contractor must install any necessary skirting*. (* Since we anticipate that we will only need the dry storage unit during what are typically warmer months, we will only require skirting if IDJC, in its sole discretion, determines that skirting is necessary to protect pipes underneath the dry storage unit from freezing.

This determination can be made at any time during the term of the Contract, and the Contractor must install the skirting within seventy-two [72] hours of notification by IDJC. Notification here means, at a minimum, an email from IDJC to the Contractor’s customer services email address.)

(SPEC-23) At no additional cost: Before acceptance by IDJC, the Contractor must make sure that all lighting and HVAC is functioning properly.

(SPEC-24) The dry storage unit HVAC must maintain an internal temperature between sixty degrees (60°) Fahrenheit and seventy degrees (70°) Fahrenheit.

(SPEC-25) The dry storage unit must have a minimum of three hundred fifty (350) square feet of interior storage space. JCC-Nampa will provide its own shelving.

(SPEC-26) The dry storage unit must have sufficient internal space for at least two (2) food service staff to work within the space at the same time.

(SPEC-27) If the dry storage unit uses gas, it must be propane. JCC-Nampa will arrange for the periodic filling of the tank and pay for the propane. (The Vendor must indicate whether or not it will provide the propane tank in Exhibit B – Price Sheet. If the Vendor has indicated Yes it will, then, if awarded the Contract, must also place the tank and make the connection to the dry storage unit, and JCC-Nampa will not be responsible for the tank having any particular amount of propane when the Contractor removes the dry storage unit.)

IDJC Provided Information (These are not specifications.)

INFO-1 IDJC will make or arrange for all connections and disconnections to utilities that exist at JCC-Nampa, such as electrical. It is most likely that there will be no gas or plumbing connections to utilities that exist at JCC- Nampa.

These specifications have been reviewed. This serves as confirmation that the equipment US Mobile Kitchens will be providing satisfies the specifications stated in Exhibit A. Representative layouts of the MKU and MDU units have been included with this bid response email.

US Mobile Kitchens Signature ___________________________________

US Mobile Kitchens Name_____Michael Hughes______________________

US Mobile Kitchens Title______Region Manager______________________

Date of Approval_________January 26,2024_________________________

Exhibit B – Price Sheet

RFQ 275

Mobile Kitchen

REV 1

This Exhibit B - Price Sheet must be submitted as part of your quote.

All prices must be firm and fixed. (IDJC may allow price adjustments at its discretion. The Contractor must request price adjustments no later than ninety (90) days before its requested date for implementing the price adjustment, and, the Contractor may not request price adjustments any more often that once annually.)

All prices must be FOB Destination.

All prices must be fully burdened, including, but not limited to, all operating and personnel expenses, such as:

overhead, salaries, administrative expenses, travel, lodging, profit, out-of-pocket expenses and supplies.

Only prices entered on Exhibit B – Price Sheet will be part of the Contract. The Contractor shall not assess any other fees or charges other than those listed as the on this Exhibit B - Price Sheet.

Do not alter this Exhibit B - Price Sheet. Altering this Exhibit B - Price Sheet may be cause for your quote to not be considered for award.

Do not submit pricing on any form or in any document other than this Exhibit B - Price Sheet. Providing your pricing on any form or in any document other than this Exhibit B - Price Sheet may be cause for your quote to not be considered for award.

In order for the Vendor’s quote to be considered for award, the Vendor must quote all Line Items.

Make and model of the MKU you are quoting: _________________________________________

Enter the serial number of the MKU here: ______________________________________

Enter the year the MKU that you are quoting was manufactured: ______________________________________

Enter the exterior dimensions of the MKU that you are quoting: ______________________________________

Are you quoting a separate MDU? ______ ______ Yes No

Make and model of the MDU you are quoting: _________________________________________

24' Mobile Kitchen Trailer - Layout included as attachment

Manufactured by US Mobile Kitchens

Unit # 24029 (or equivalent unit)

24' Body Length, 8.5' Exterior Width, 5' Tongue Length

YES

20' Mobile Dishwash Unit

Enter the serial number of the MDU here: ______________________________________

Enter the year the MDU that you are quoting was manufactured: ______________________________________

Enter the exterior dimensions of the MDU that you are quoting: ______________________________________

Are you quoting a separate dry storage unit? ______ ______

If Yes:

Make and model of the dry storage unit you are quoting: ______________________________________

Enter the serial number of the dry storage unit here: ______________________________________

Enter the year the dry storage unit that you are quoting was manufactured: _____________________________

Enter the exterior dimensions of the dry storage area that you are quoting: _____________________________

Line Item 1. Monthly lease price for the MKU (and MDU, if you are quoting a single unit).

Subtotal, Line Item 1: $ _________________________ (The Subtotal, Line Item 1 is the monthly lease price for the MKU times six (6) months.)

(If you are quoting a separate dry storage unit, include the monthly lease price for that in the monthly lease price above for the MKU, and, for IDJC’s information, enter what the monthly lease price for the dry storage unit is here:

Line Item 2. Monthly lease price for the MDU.

Subtotal, Line Item 2: $ _________________________ (The Subtotal, Line Item 2 is the monthly lease price for the MDU times six (6) months.)

Manufactured by US Mobile Kitchens

Unit # 20004 (or equivalent unit)

20' Body Length, 8.5' Exterior Width, 5' Tongue Length

Unable to secure exact unit without contract in place

Unable to secure exact unit without contract in place

All units are newer than 5 years old

8' x40'

(includes 8x40 Dry Storage, 8x10 Walk In Cooler, 8x10 Walk In Freezer in addition to MKU, and)

$1,890.00

$13,150.00

$78,900.00

$104,040.00 skirting.

Includes skirting

$17,340

Line Item 3. One-time cleaning fee (if any)*.

Line Item 4. One-time refundable deposit (if any)*.

Line Item 5. One-time delivery fee (if any).

Line Item 6. One-time removal fee (if any).

Total Price: $ _________________________ (The Total Price is the sum of the Subtotal, Line Item 1, the Subtotal, Line Item 2 and Line Items 3 through 6.)

* Describe the circumstances in which you would not charge a cleaning fee here:

* Describe the circumstances in which we can receive our deposit back here:

(Return of deposit, if any, must occur within sixty (60) calendar days after the end of the term of the Contract.)

Related to SPEC-13, SPEC-21 and SPEC-27, identify whether or not you will provide the propane tank(s) here:

NONE

$2,500.00

$20,645

$12,625.00

$218,710.00

The deposit is to cover equipment damages above and beyond normal wear and tear and excessive cleaning charges. As long as the units are returned in the same condition

N/A they are received, the deposit is refundable and no deductions will be taken from the deposit.

Company Name (Vendor Name):

Contact Name/Phone:

Contact Email:

U.S. Mobile Kitchens

Mike Hughes, Region Manager, 336.497.8330 michaelh@usmobilekitchens.com

24’ Mobile Kitchen 24-029

410.804.8082 | www.usmobilekitchens.com | Fax : 443.273.3475

1 1

2 2

2 2

Concession Window

Hvac Unit

2 Door Refrigerator

3 Basin Sink

Hand Sink

Exhaust Hood

36” Flattop Griddle On Stand Six Burner Range w/Oven

Floor Model Deep Fryer

Double Convection Oven

Stainless Steel Table w/Under Shelves

Freezer

Electrical Panel

Utility Connections Electrical: 100 Amps 220 Volt Single Phase

Supply Water: Standard Hose Bib Connection

Propane Gas: Approx. 750,000 Btuh of Connected Equipment

Waste: 4” PVC Connection

Not Shown:

Lights

On-Demand Water Heater

Fire Suppression System

Electric Brakes & Heavy Duty Suspension

Extra 120 Volt 20 Amp Outlets

White Aluminum Walls & Aluminum Diamond Plate Floor

24’

8.5’

24” WIRE RACK

24” WIRE RACK

20’ Mobile Dishwasher 20-004

410.804.8082 | www.usmobilekitchens.com | Fax : 443.273.3475

1 2

9 9

Clean Table

Jackson AJX-44CE Dishwasher

Rinse Sink

Disposal

Electrical Panel

Water Heater

Hand Sink

3 Basin Sink

Table w/Shelves

Wire Shelving Rack

HVAC

Concession Window

Utility Connections

Electrical: 200 Amps 208 Volt Three Phase

Supply Water: Standard Hose Bib Connection

Propane Gas: (1) On-board 100lb Tank

Waste: 4” PVC Connection

Not Shown:

Lights

Electric Brakes & Heavy Duty Suspension

Extra 120 Volt 20 Amp Outlets

White Aluminum Walls and Aluminum Diamond Plate Floor

Fire Extinguisher

20'

8.5'

11' 8''

2024-01-26T10:40:06-0800

Digitally verifiable PDF exported from www.docusign.com

USMK MASTER Rental Contract Terms 2020.docx Mobile Concepts, Inc. dba/ U.S. Mobile Kitchens & U.S. Portable Kitchens

Terms & Conditions for Rental Agreement #______________

This Agreement (“Agreement”) is between the person/entity listed on the contract number listed above as the customer (“Customer”) and Mobile Concepts Inc. T/A U.S. Mobile Kitchens (“Lessor”).

1. Nature of this Agreement: This Agreement evidences a rental transaction (and the purchase of related goods and services), which allows Customer to use all of the goods identified on the Contract (“Equipment”) as permitted by this Agreement. Customer acknowledges that the Equipment is owned by Lessor and that no one other than Lessor may transfer or assign the Equipment or any rights or obligations under this Agreement. Any attempted transfer by other than Lessor is void. Neither Customer nor any Authorized Operators are agents of Lessor. No one may service, repair or alter the Equipment without Lessors written permission. Customer will not suffer any encumbrances to attach to the Equipment and will defend, indemnify and hold Lessor harmless from all loss, liability and expense by reason thereof. Who May Operate the Equipment: Only the following (“Authorized Operators”) may operate the Equipment: Customer, Customer’s employer or employees, or employees of any food service company employed for the purpose of preparing food in the equipment (in the course of such persons regular employment). Customer and all Authorized Operators must: (i) be at least 18 years old, (ii) be properly qualified to operate the Equipment,(iii) have a valid operator’s license with respect to the Equipment where required by law; and (iv) be instructed in the safe operation of the Equipment.

2. Rental Charges: Customer will pay Lessor all rental, time, mileage, service, transportation, refuelling service, and other charges in accordance with this Agreement, all direct and indirect sales, use, value-added, environmental taxes, levies or surcharges ("tax") imposed with respect to the Equipment and this Agreement, and all expenses, including related legal expenses. Any taxes and associated penalties, fees or fines determined to be due at a later date regardless if billed at the time of rental are the responsibility of the Customer. Rental charges start on date of delivery unless otherwise noted. All monthly rates are based on a 4 week (28 day) month. Equipment with engines: Unless otherwise noted the basic daily, weekly and the 4- week rental will entitle Customer to a maximum of one-shift use (i.e., a maximum of 8 hours per day, 40 hours per week, and 160 hours per 4 weeks) on equipment with engines, use in excess of one shift will be payable at the hourly rate of 3/16th of the daily charge, plus applicable taxes. Rental charges stop upon the receipt of the equipment back to the lessor in good condition. Lessor will have a lien as allowed by law for charges incurred hereunder upon the premises and improvements upon which the Equipment is employed. Rentals are F.O.B. Lessor’s Branch where the equipment is located. Customer is responsible for shipping charges from the Branch to the Customer’s work site and return and all loading, unloading, assembling and dismantling. All rates for rentals in excess of the contracted period are subject to change on 30 days notice in writing to the Customer with respect to any portion of the rental period then remaining. Customer and any person to whom, with the consent of Lessor, Customer expressly directs the charges incurred under this Agreement to be billed, are jointly and severally responsible for payment of all such charges. Customer represents having the authority to direct such charges to be billed to that person. Lessor’s “Branch” is the location where the Customer picks up and returns the Equipment, unless otherwise agreed.

3. Security Deposits: Security deposits will be refunded in whole without interest within 30 days of the return of the equipment clean and in good operating condition without any external or internal damage other than normal wear & tear.

4. Delivery: Customer understands that deliveries could be delayed due to circumstances out of Lessors control such as but not limited to trucking breakdowns, accidents, weather, traffic delays, etc. If a delay occurs Lessors only responsibility will be to extend the start time of the rental to the new date of delivery.

5. Return & Cleaning: Customer agrees to return all trailers and all equipment clean including but not limited to: all grease removed from fryers, all grease cleaned from exhaust hood & grease filters, all equipment cleaned inside & out, floors & walls scrubbed, all food removed, all waste tanks emptied. In addition, customer is responsible for securing equipment the same as when received prior to releasing trailers and/or equipment to the pickup driver. During cold weather periods (October – April.) customer must also winterize all water lines & filters prior to equipment return or releasing trailers and/or equipment to the pickup driver.

6. Inspections, Permits & Fees: Unless otherwise stated the customer will be responsible for obtaining and the cost of all inspections, permits, fee’s and any other local or state requirements, including but not limited to the cost of any architectural and/or engineered drawings, and/or any modifications required by said inspections and/or permit requirements in order to get the rented items approved for use. Under no circumstances will credit be given for loss of time waiting for approval of any of the above-mentioned items to be granted. Dishwashing inspections: Dishwashers are either chemical or heat based sanitizing units. If heat based, units will provide minimum 180 degrees of hot water at final rinse (but are not guaranteed to turn thermo-labels color completely when attached to items made of plastic, fiberglass or other non-metallic materials). Customer agrees to pay for time and expense for any trips made to the site by the Lessor other than what may be covered elsewhere in the Rental Agreement, except for bona-fide warranty or service calls authorized under this Agreement. In the event of any failed inspections Lessor will have 14 days to cure any issues that Lessor agrees they are responsible for.

7. Cancellation Fee: Customer agrees to rent equipment for the minimum rental term listed on the front of the Rental Agreement. Should customer cancel the rental before the end of the minimum rental term a cancellation fee of eighty percent of the rental charges for the remaining minimum rental term, plus any ancillary charges (ie: freight, fuel, supplies, cleaning, repairs, etc.) will be due and paid in full at the time notice is given to stop the rental, regardless of reason. Should customer fail to pay cancellation fee in the time and manor agreed then the full rental for the remaining minimum period, plus any ancillary charges will be due.

8. Customer’s Responsibilities: Customer agrees to follow Lessor’s start up, maintenance & return procedures sheet including but not limited to: keeping equipment in good and clean condition while in their procession and must return the Equipment to Lessor in the same good and clean condition it was in when Customer received it, ordinary wear excepted. The Equipment must be returned to Lessor at the Branch by the due date specified on the Contract unless otherwise agreed to in writing by both parties. Customer acknowledges that it must confirm return receipt of the Equipment by Lessor. Until such time as Lessor receives actual possession of the Equipment, Customer agrees to hold said Equipment in a safe and secure manner. The Equipment will be kept only at Customer’s place of business or the job site at which the Equipment is used. The Equipment will be used at all times only in accordance with the manufacturer’s instructions and within its rated capacity. Customer will perform or cause to be performed and pay for any changes required by local inspectors or other state or local jurisdictions, all normal periodic and other basic maintenance service, adjustments and lubrication of the Equipment. If the equipment is used in any manner that would violate this agreement, or is obtained from lessor by fraud or misrepresentation, or is used in furtherance of any illegal purpose, all such use of the equipment is without the permission of lessor.

9. Repairs: If the equipment fails to operate properly or needs repair, customer will immediately cease using it and will immediately notify lessor. Under no circumstance will the Lessor be responsible for any losses in sales or other costs resulting from any occurrences such as but not limited to: mechanical breakdowns, late arrivals, or failures of the equipment in any way. The Lessor must approve in advance & in writing any charges or repairs authorized by the customer. Should the customer not receive prior approval then the customer may be responsible for any costs incurred as a result of that action at the Lessor’s discretion. Customer will be responsible for any overtime or other additional charges for repairs that must be completed Saturdays, Sundays, Holidays, or that is required other than between the hours of 8am and 4pm Monday – Friday. Additionally, if Customer is located in an area that does not have local repair services (within 25 miles of the location of the equipment) then Customer may be responsible for extra labor and mileage costs due to the extended distance at the Lessor’s discretion. Lessor will work expeditiously to cure any repairs that Lessor agrees they are responsible for.

10. Soft Water: Customer is responsible for supplying soft (not hard) water to any dishwashing units, steamers, or other equipment provided by the Lessor that uses water internally within the components of the equipment. If soft water is not available then Customer agrees to install a water softening system capable of providing the amount out soft water required to adequately operate the equipment.

11. Insurance: Customer agrees, at Customer’s sole cost and expense, to secure and maintain in force during the entire term of this Agreement insurance satisfactory to Lessor, for the benefit of Lessor as lessor of the Equipment as follows: (a) Public Liability and Property Damage Liability Insurance (Third Party). Customer will, at its own expense and at all times during the term of this Agreement, maintain in force Public Liability and Property Damage Liability Insurance with a limit for bodily injury, including death, of $1,000,000 for each person in each accident, and with a limit of liability of $3,000,000 for all persons in each accident, and with a limit of liability for property damage of $250,000 for each accident, on a primary and not excess or contributory basis, for Customer’s liability for damages sustained by any person as a result of the maintenance, use, operation, possession, storage, erection, dismantling, servicing or transportation of the Equipment. Customer, its agents and employees will cooperate fully with Lessor and Customer’s Insurer in any claim or suit arising there from and will do nothing to impair or invalidate the applicable insurance coverage. The acceptance by Lessor of Customer’s Certificate of Insurance will not be deemed a waiver or modification of Customer’s insurance, indemnity or any other obligation under this Agreement. Such Customer insurance obligation will not in any way limit the ultimate liability of Customer hereunder. (b) Property Insurance (Equipment). The Customer will, at its own expense and at all times during the term of this Agreement, maintain in force Property Insurance in an amount adequate to cover any damage to, or loss of, the Equipment. Customer’s policy must expressly cover non-owned equipment while in Customer’s care, custody and control. Customer will furnish Lessor a Certificate of Insurance evidencing the foregoing insurance requirement and endorsed to provide that such insurance may not be cancelled or materially modified except on thirty days prior written notice to Lessor. The amount, terms and conditions of the insurance required must be acceptable to Lessor. Customer agrees to abide by all of the terms and conditions of all such insurance.

12. Risk of Loss: All loss of or damage to the Equipment while on rental or in Customer’s care, custody or control, whether exclusive or not, and whether or not due to the fault of the Customer will be the sole responsibility of Customer and will be paid to Lessor promptly upon Customer’s receipt of an invoice. Such responsibility is limited to the full current replacement cost of the Equipment at the time it is lost or damaged, plus rental charges for the equipment until the replacement equipment is received by the lessor, plus an administrative fee and related expenses of Lessor. The cost of labor for such repairs will be the prevailing hourly rate for labor of lessor, which includes loss of use, or the repairer’s hourly rate for labor charged to lessor for such repairs as the case may be. Parts will be charged at the cost of lessor plus shipping & handling.

13. Events of Default: Customer shall be in default of this Agreement if Customer: (a) fails to pay any amount when due, or (b) breaches any other terms of this Agreement, or (c) becomes insolvent or ceases to do business as a going concern, or (d) has a petition in bankruptcy filed by or against it, or (e) is in default pursuant to the provisions of any other agreement by and between Customer and Lessor. Customer will be deemed to be in default if the Equipment is used: (a) in violation of any law or ordinance, (b) in a reckless, negligent or abusive manner, or is intentionally damaged by Customer or with Customer’s permission, (c) is in violation of applicable laws, rules or regulations, or (d) in any fashion or manner for which the Equipment was not designed or beyond the manufacturer’s rated capacity for the Equipment.

14. Lessor’s Remedies: In case of default by Customer, or if Lessor deems Customer insecure, Lessor may peaceably enter the property where the Equipment is located and render it inoperative or remove same with or without process of law and without any notice or liability to Customer. Customer hereby waives any right to any hearing or to receive any notice of legal process as a pre-condition for Lessor recovering the Equipment. Customer agrees to admit such entry and action by Lessor. In such case, Lessor may also terminate this Agreement without notice to Customer or prejudice to any remedies or claims which Lessor might otherwise have. Customer will pay to Lessor a sum equal to the balance of the rent and other payments called for hereunder for the remainder of the rental term as liquidated damages. Customer will remain liable for the Equipment or for any loss or injury to the Equipment, notwithstanding such termination. Lessor shall have the right to take such steps which Lessor reasonably deems necessary to recover the Equipment, if the Equipment is not returned on the date specified on the Contract or sooner as permitted by the terms of this Agreement. Lessor’s remedies are not exclusive.

15. Fire Suppression Systems: Customer is responsible for the inspection & maintenance of the fire suppression system(s) at all times. Customer is also responsible for the cleaning, repair of, recharging of and any other charges that result from the fire suppression system being discharged regardless of reason.

16. Assumption of Risk and Indemnity: Customer will be liable for all of lessor’s losses, damages and expenses including legal fees resulting from customer’s (including customer’s agents and operators) acts and omissions arising from the control, use or operation of the equipment. Customer and any Authorized Operators hereby assume all risk of loss or damage and waive all claims against Lessor by reason of any property left, stored, loaded or transported by Customer or any other person in or upon the Equipment, and further agree to indemnify and hold harmless Lessor, Mobile Concepts Inc., its affiliated companies, and their respective officers, directors, agents and employees (collectively, “Indemnitees”), from and against all loss, liability, claim, action or expense, arising out of such loss or damage

17. Customer’s Compliance with Laws, Regulations & Codes: Customer will, at its expense, comply with all laws and regulations affecting the Equipment and its uses, operation, setup, removal, design and transportation and will defend, indemnify and hold Indemnitees harmless from all loss, liability or expense resulting from actual or alleged violations of any such laws, regulations or requirements.

18. Notice of Loss or Accident: In the event of an accident, loss of, theft of or damage to the Equipment, Customer agrees to notify Lessor immediately by telephone, and thereafter to immediately report in writing to Lessor and the public authorities (where required by law or by Lessor) all information deemed relevant thereto by Lessor. Customer will cause its agents and employees to give Lessor and the public authorities all relevant information and assistance in any matter resulting from said accident, loss, theft or damage.

19. Force Majeure. Any failure of performance by Lessor due to causes beyond the reasonable control of Lessor, such as but not limited to weather, trucking delays, terrorism, war, epidemics, pandemics, etc. will not be deemed to be a default by Lessor.

20. Late Fees and Interest on Overdue Amounts. All payments due under this Agreement may bear interest after the due date and until paid in full at the rate of 18% per year, both before and after default, with interest on overdue interest at the same rate as allowed by law. The acceptance of any payment will not be interpreted as a waiver or compromise by the Lessor of its right to require payment in full of the amount due, plus interest and costs. Should collection matters be turned over to an outside collector or attorney Customer will additionally be responsible for all fee’s associated with said collector or attorney in addition to amounts owed to Lessor.

21. Refuelling Service Charge: Customer agrees to return the Equipment with full fuel tanks (gasoline, diesel, propane, etc.). If Customer fails to do so, Customer will pay to Lessor a sum equal to the then applicable refuelling service charge of Lessor to refill the tank(s) at the time of return.

22. Privacy: By signing this Agreement, Customer acknowledges that Lessor and/or Mobile Concepts Inc. may collect personal information that is reasonable and necessary to complete the transaction referenced herein and that such information is provided voluntarily. Customer information shall be used only for credit determinations, equipment security and collections purposes. Lessor will not sell or distribute Customer information.

23. Legal Expenses: In the event that the lessor must make a claim in court (including arbitration) in order to enforce any term or condition of this Agreement, the lessor shall be entitled to an award of its damages, costs and expenses, including legal fees, accountants and expert witness fees, disbursements, and costs of investigation incurred by the lessor.

24. Governing Law and Forum: This Agreement and all disputes arising from it will be governed by and interpreted in accordance with the internal laws and will be subject to the exclusive jurisdiction of the courts of the State of Maryland, USA. Should any term or provision hereof be held wholly or partly invalid or unenforceable under applicable law, the remainder of this Agreement will not be affected thereby.

25. Merger/Modification/Severability. This Agreement (including the Contract) expresses the entire agreement between the parties with respect to the subject matter hereof. No change, modification or alteration of the terms hereof will be effective as against Lessor unless it is in writing and signed by a duly authorized officer of Lessor. Customer’s execution of this instrument and/or acceptance of delivery of any part of the Equipment shall constitute Customer’s acceptance of all of the terms and conditions contained herein, and the exclusion of any terms and conditions otherwise stated by Customer or contained in any of Customer’s documents that conflict with or limit the terms contained herein. This Agreement shall be governed and construed by the laws of the state of Maryland, USA. Customer consents to jurisdiction in the state and federal courts of Maryland, USA. If any provision is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and to this end the provisions of this Agreement are declared to be severable.

26. Condition of Equipment: Customer agrees to examine Equipment upon its delivery to Customer and notify Lessor of any issues or concerns immediately. CUSTOMER’S ACCEPTANCE OR USE OF THE EQUIPMENT WITHOUT PROMPT NOTICE TO LESSOR THAT THE EQUIPMENT IS NOT IN GOOD MECHANICAL CONDITION CONSTITUTES CUSTOMER’S ACKNOWLEDGEMENT THAT THE EQUIPMENT IS IN GOOD MECHANICAL CONDITION AT THAT TIME. If, during Customer’s possession of the Equipment, it is found by Customer not to be in good mechanical condition, as a result of conditions not the responsibility of the Customer, nor caused by the fault or negligence of Customer or Customer’s employees or agents, Customer will so notify Lessor, whereupon Lessor will then, at its option and without any other liability or responsibility by Lessor to Customer: (i) repair or suitably replace the Equipment within a reasonable time during the normal working hours of Lessor, or (ii) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the unexpired term of the Agreement, less whatever is due Lessor for damage to or maintenance of Equipment which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to representatives of Lessor so as to enable Lessor to meet its responsibilities hereunder.

27. Limited Warranty: The foregoing provisions of section 26 are in Lieu of (i) all warranties, express, implied or statutory, including, but not limited to the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, and of (ii) all obligations or liability on the part of Lessor to Customer for damages of any kind, arising out of or in connection with the renting, maintenance, use operation, storage, setup, dismantling or transportation of the Equipment.

28. Assumption of Risk, Death or Injury: The Equipment is, by virtue of its size and nature, potentially dangerous. Operation of the Equipment may expose the Customer, Authorized Operators and those in proximity to the Equipment to risk (“Persons at Risk”). These risks, including serious bodily injury or death, cannot be completely identified, quantified, minimized, prevented or eliminated. Customer, on behalf of itself and all Persons at Risk, accepts and fully assumes any and all risks and the possibility of personal injury, death, disability, property damage or loss resulting from operation of the Equipment.

29. Release of Liability, Waiver of Claims and Indemnity: The Customer agrees to release Indemnitees from, and Indemnitees disclaim, any and all liability for any loss, damage, injury or expense that Customer may suffer or incur as a result of this Agreement or its use of the Equipment. The Customer waives all claims that the Customer has or may in the future have against Indemnitees arising out of or related to this Agreement or use of the Equipment. Customer will defend, indemnify and hold harmless Indemnitees, from and against all loss, liability, claim, action or expense, including legal expenses, by reason of bodily injury, including death and property damage, sustained by any person as a result of the maintenance, use possession, operation, erection, dismantling, servicing or transportation of the Equipment, or Customer’s failure to comply with the terms of this Agreement.

Signature___________________________________________ Date_________________

Printed Name_____________________________ Company________________________

PO Box 266, Finksburg, MD. 21048