Phil Walljasper Case Summary

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As you are aware Procurement is working with two separate companies, Total Construction and Titan Machinery, to rent a front wheel loader and 5 tandem dump trucks for spring land spreading. The equipment will be operated by MCES employees. Both companies have asked us to sign rental agreements that are not favorable to the Council. The largest concern relates to indemnification and insurance coverage. Phil Walljasper from Risk has weighed in and has concerns that the Council is not protected/covered from a risk perspective regarding either agreement. Titan has an additional Loss Damage Waiver for purchase (an additional 15% of total rental price) which is recommended by Risk, but does not fully alleviate Phil’s concerns, as he

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