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186974 06/23/2010 CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 Of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC CHECK AMOUNT: $134.50 CARMEL, INDIANA 46032 1015 3RD AVE SW CARMEL IN 46032 CHECK NUMBER: 186974 CHECK DATE: 6/23/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION .1160 4359003 125170 134.50 FESTIVAL /COMMUNITY EV 1212 South Rangellne Rd. RENTALAGREEMENT The below equipment has he received by the undersigned for rental purposes only, and it is understood that PTR, Inc. d Party Time Rental Carmel, N 46032 ("Lessor') shall not beheld respsp onsible far any accident or damage resulting directly or indirectly from the use of the leased equipment. equipmem. The lessor PA expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, (31 7) 844-5178 and neither assumes nor authorizes any�ther person to assume for it any liability connection with the use of this equipment. The lessee agrees to indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, EEN M/ FAX (317) 575.2272 loss of income or any other incidental damages, even those damages caused by the negligence of lessor, including attorneys' fees, arising out ol, connected with, or resulting from the use of the equipment, including, but not limited to, the manufacture, selection, delivery, possession, use operation, www,ptrinc.com or return of the equipment. x 8Et[ 1Q/RENTTU 4 a....,,a ?c w CITY OF CARMEL—TREASURER OFCE VETERANS PLAZA Res# 125170 1 CIVIC SQUARE 3RD AVE SW Con# 168516 CARMEL IN 46132 CARMEL IN 46132 Lae 100 V Co AR-97 W 317) 571 -24' 5 05/28/10 6:00 AM RR vi ,W,<rDRDEAEO B4 v n ti E� 0317 84 4. 3 498 5 71 2474, 1 %ETURNED 03 5 !00 PM ME *FINAL Charge for 1.00 Day (s) Page: 1 fQTY ITEM# a H Y �k'; EXT� A. NET AMT v�.k F v.�. e b r k4 aw, a... l'<,�. rx.:.a• -k r MIN HOURLY „v Rental Text Billing Del: Before 8 :30am PU: 10:30 -11am No Su. Td mlentz@carntel.in.gov 100 8312 -0000 CHAIR BLACK SAMSONITE 75.00 75.00 $.75 /D .75 2.25 6.75 Actual In Date: 06/02/10 8:42 AM 1 46032 CARMEL P /D -32 55.00 55.00 55.00 Payments y S 7Li V a Gf �g iy) ryl c l.c?, ✓�di a 43 5 v o Z r UOTE FINAL BILLING``: a Call 252.,3832 before after W hours for equipment problems. y Z Customer responsible for ALL RENT 75.00 DAMAGED MISSING equipment SALES 55.01 EMERGENCY #(317) 252.3832 UNDERGROUND (800) 382 -5544 OTHER 0. 00 I HEREBY AUTHORIZE THE LESSORTO MAKEAPPROPRIATE CHARGESTO MY CREDIT CARD. DMG WAIVER 4.50 YES INITIALS ADDL TAX 0. 00 FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE SALES TAX 0.00 EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EOUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. DEPOS 0. 00 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE AMT BILLED 134. 51Z! ABOVE EOUIPMENTAND I FULLY UNDERSTAND THOSE INSTRUCTIONS. The undersigned having read and understood the above terms as well as the Additional Terms and Conditions on TOTAL DUE 134. 50 02— JUN -10 08:42:17 the reverse side hereof, hereby agrees to rent the above equipmenVarticles on the terms and conditions set forth in this Rental Agreement, and is an' authorized agent for the Lessee. EQUIPMENT LEASED BY X EQUIPMENT RETURNED BY X Terms and Conditions 1, INSPECTION. Lessee acknowledges that he has had an opportunity to personalty inspect the equipment and find's ii suitable for his needs and in good condition, Lessee uno7i�rsta nds Js proper use. Lessee further acknowledges Lessee responsibility to inspect th equiprnent prior to its use and to notify Lessor of any defects. 2.TIME OF RETURN. Lessee right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee's obligations under this contract..Time is of the essence in this agreement. Any extension must. at Lessor's election be mutually agreed upon in writing. 3. RE"T"URN OF EQUIPMENT, At the termination cf this agreement, Lessee shall return all the equipment to Lessor's premises during Lessor`s regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and fear. Lessee shall be liable.for all damages.to or loss of the Equipment occurring because it was not returned w whin Lessor's regular business hours. 1f Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee. Lessee shall be responsible for all losses or damage to tha Equipment from time of delivery to Lessee andiirntil picked up by•Less 4. PARTIES As used in this.Rental Agreemert, the terms'Lessor' and" wo" fall mdai PTR, inc. dr'bla Party Time Rental. The Terms °Lessee` and'yo,i shall party rexecufing this frontal A as such on the face hereof. 5, HOLD HARMLESS AGREEMENT. Lessee shall defend, indemnify and hold'harmless Lessor its employees, agents and subsidiaries, from and against all claims, liabi1r, es, losses, damages to property oi otherw +.rise, and expenses, of every character whatsoever,, resulting from the actions, negligent or otherwise. of Lessee, Lessee's employees and agent of Lessee or Lessee subcontractor. The indemnities included in this exhibit shall include reasonable attorney's fees paid by Lessor in defending suit and actions involving liability covered by the ir;de €unification provision in this paragraph. 6JIME. All equipment rental charges, arq for time out, NOT TIME USED. Most pricgs {uotec are for a one day (24 hours; rcharges. If equiprnent is rneacled for a longer :ime period i ^�e also !nave" eekl� (7 days and monthly (2& da zs( rates. For rr Est ec(uipmp'rf the %veekly rate is three times the daily rate and the monthly rate is three times the weekly rate. 7 LIABILITY. All equiprnent is for rep al purposes only, and it is understood that the' shall not be held responsible for any accident or carnage resulting directly or indirectiv from the use of the leased equipment. The Lessor expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, ano neither assumes .nor autoorizes any other. oe_�son to assume for it, any liability in connection with the use of this equipment, The Lessee agrees to indemnify and hold the Lesser ^,armless from arnd against any claims, actions, proceedings, costs, damages to property, consequential loss of income or any other incidental damages even those carriages caused by the neckonce of the Lessor, including attorneys` fees, arising out of, connected with or resulting from the use of the equipment, including but not limited to, the mane acttiretselection, ciel very, possession; use op&atiori; or return of the equipment. 8. COLJ_E�,TIONI COSTS. The, kessee agrees to pay all reasonable collection attorney's and court fees and other expenses involved in the collection of charges or eanforcernent of the Lessor's rights under this contract. 9. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. It the equipment becomes unsafe or in disrepair for any reason agrees`fa'di'scortinbe its use and to notry Lessor. Lessor vjill repair or replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. Lessor is not responsible for any incidental or consecuential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto:; rf: 1 10. DAMAGE WAIVER. A six percent (6 non refundable damage waiver is applied to the cost of all rental equipme -This cost is only minor repairable damage, and is not to be construed as insurance. The namaae waiver does not cover damage caused by misuse, abuse nor does it cover lhgit. k ,Iincr.damage is defined as damage that be reoaired far an amount less ihar; six percent (6% of the equipment's rental fee. 11. PROTECTION OF EQUIPMENT It is the responsibility of the Lessee to protect all equipment from damage, exposure to Neattierior other damage that occurs from issue of equipment. The lessee must protect the equipment until it is returned or until the agreed pick -up time and date..,. 12.THEFT OREQUIPMENT. The Lessee agrees to pay for equipment [at its replacement cost when rented] for all tvpes of theft or mysterious disappearance. Da edge �Vai�Pr.does not cover theft 13. WEATHER RELATED RISKS. Lessee assumes r 11 weaNer relater "rjsks involved in holding an outdoor tented event. Lessor will endeavor to minimize- said:risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other faclar beyond Lessor`s ,control; Lessee shall;stilf be liable for =payment in full of all charges 14. DIRTY, r OR DAMAGED EQUIPMENT. `Lessee agrees to pay for any damage to rented equipment regardless 6f except reasonable vaear and tear, ;wh,le equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot'be applied acai st the- purdhase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will he paid for by Lessee at its Replacement Cost when rented, The cost of repairs will be borne by the Lessee. whether performed by Lesser, or at the Lessor's option by others. 15. LOSS OR DAMAGE. To the extent that damage to the equipment is not covered by the foregoing Damage Waiver provision the Lessee assumes all risk of loss or of damage to the eased equipment from any cause, No loss of or damage to the equipment shall impair any obligation of the Lossee under this Rental Agreement, including the repayment of rental fees, Lessor shall have the option of repairing or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS, We require a valid Visa, MasterCard, American Express or Discover card number to make a reservation unless the party renting the equipment has a pre- arranged account at Party Time Rental. The credit card number will secure the reservation until the date of the event. If a credit card is not presented at pick -up, then a cash security reposit equal to the replacement cost of the equipment is required in addition to the rental fee. 17 CANCELLATION. A party making a reservation will be subject to a 25° cancellation fee if the entire reservation, is cancelled within thirty t3Q} days of the event, This policy applies to all parties, including those who have pre arranged accounts at Party Time Rental. Cancellation of inflatable and special seasonal equipment uwiil be subject to a 100% fee, P. 18. DELIVER AND PICK Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point extra time is involved. Our service does not include set up and knock down of tables and chairs, if this service is required, arrangements should be made several days prior to delivery with a special charge cuoted. It no arrangements are made arid this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting thZiarice. On pick up where no prior arrangements have been made and equipment is not knocked down and assembled In one sheltered area tables and chairs will be left until the next day when a speciat crew can_be- schedulso', There- wtil -be an additional one day rental, A knock down fee will result if equipment is still up. 19. PREPARATION -OF SITE. Lessee agrees to have the site upon which the equipment is io be erected, free and clear of all obstacles, natural and man made prior to the arrival of the Lessors work crew. Lessee further agrees to have all tents cleared for removal 'prior to our arrival.-All nap- leased equipment and decorations shall be cleared and taken from site. if Lessee !ails to do so. then Lessee shall pay all casts involved for any delay, additional rental, and all costs including collection and legal expense. 20. UNDERGROUND FACILITIES. Lessee agrees to hive all Underground Facilifles, in tho vicinity of the Equipment installation, clearly marked prior fo the arrival of Lessor's work creams. Lessee assumes full responsibility for damage to all Undbrground Facilities-'To identify Underground Facilities. Lessee must call one week prior to installation. CALL BEFORE YOU DIG 800. 382 -5544 21. SETUPtf'EAR DOWN. Set up andi tear down of equipment is also available, Party Time Rental will be happy to quotq_p charge to the customer based on the renta� :tern to be set- up ftcrn down. Any egw�iprnent not previously scheduled to be set -up or torn down will be assessed normal set- upltear'&il ii dhatges =plus a min €mum aa(� fee, 22. IDENTIFICATION. When picking up rental equipment at our location, we require a valid Indiana State Driver's License. For insurance purposes,:xve areequireoto photocopy the Lessee's license. 21 EQUIPMENT USE. Upon picking rap or acc�dting delivery of equiprnent, learn to use the item We do our best to instruct each customer an ;fnpw to safely. use t ie equipment. Sheuid an item not work properly, please contact Lessor as soon �as have discovered the problem. We will either Pfovide "further instructionrar will replace ihe item. Also, upon picking of or accepting delivery of equipment. be sure that you Have received all of the items that you reserved. Provided that the items are not correct or acceptable, we must be advised irnmediately in order to remedy the situation. The Lessee shall use the edulpment in a careful and proper manner 24. LIQUIDATED DAMAGES. In the event that toe Lessor fai to deliver any equipment, or is unable to remedy problems wF.rith the delivered equipment, the Lessor's .sole resoonsib litly shall be to rei€i to the Lessee the rental fee farahe particular equipment. 25. SEVERABILITY, If any provision of this Rental is hold invalid by a court of competent jurisdiction, it shall be considered deleted from this Rental Agreement, but such ir;validit} shalt not affect the other provisions that can•.be given elect i€i lhe-absence of the invalid provisions. 26.ATrORNFY'S FEES. sn the even! that either party fifes an action in relation to this Rental Agreement the Unsuccessful party in the action shall pay to the succesc-fu'� party, in addition to all-other :,units 1h at other pa€fy b called i;pon to pay, a reasonple sure for,the successful party's atorneys' fees. 27 LINENS. Table liners r „spected }prior to pick'Up'and upon re'.:prri i NOT ROLL UP OR PLACE WET LINENS IN ANY BAG mildew will result. Ir there is obvious damage s.rch as mildew. excessive stains, burns or tears, you will be charged the cost of the linen and keep same as though it were a sale, Return all linens d. y ano free of-waste, 28. COOKING UNDER TENTS. Lessee agrees not to do any type, of cooking under or within a reasonable distance of the tent. Lessee assumes tell resporrsibiIity and costs incurred for damage and er cleaning expense to tent tops due to cooking processes under or near tents, VOUCHER NO. WARRAN NO. ALLOWED 20 Party Time Rental IN SUM OF 7250 N. Keystone Avenue Indianapolis, IN 46240 $134.50 ON ACCOUNT OF APPROPRIATION FOR Mayor's Office PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 1160 125170 43- 590.03 $134.50 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Friday, June 18, 2010 Mayor Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 05/28/10 125170 $134.50 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer