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164871 10/16/2008 CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC CARMEL, INDIANA 46032 1212 S RANGELINE RD CHECK AMOUNT: $159.00 CARMEL IN 46032 CHECK NUMBER: 164871 CHECK DATE: 10/16/2008 QfPARTMENT ACCO PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1046 4341985 161550 159.00 GUEST SPEAKERS a- 1212 South Rangellne Rd. RENTALAGREEMENT The below equipment has been received by the undersigned for rental purposes only, and it is understood that PTR, Inc. drb /a Party Time Rental p Carmel, :I N 4603.2 "Lessor shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment. The lessor t expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, (317) 844 -5178 and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The lessee agrees to indemnity and hcWths Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, REN Mi 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 of, connected with, or resulting from the use of the equipment, including, but not limited to, the manufacture, selection, delivery, possession, use operation, www.otrinc.com or return of the equipment. X t a�,.. H t r\ Wti, x\ s ,"k,Blll�TQ /QENT `h INUQIGE NO. e,.�,,,,.11l, 0sa,=.s CARMEL CLAY PARKS RECREATION IMSTORE PICKUP 'Re s# 120410 1411 EAST 116TH STREET Con# 161550 `CARMEL IN 46032 _.i'" M.. J 4\ 1 •w. r 1 w 1,. \4 {m.... -k e C.... m..�tl11.. 1 x :t; r a ;..m: s \s, c. Tt• "::ew 2- 1.1. 1 ...x 1�`l 1. 1. 1. .,_.,.t 1•.... Win. a, ,'�.e A. t „1Wd Q,. F� L�1 i 1t ,�F n ;s x ea,N,,, �V 4r• yn�'.. ,1\C ,�,r,"s.. �\\d4cu t��'..' ��mt�ua�\ ?JU�w�.w.''�"T�.1� "mow uv,r.,, a. t.. icalul\ w?3. e�' iF�wt4 „4 „�'��..,��.J,.ti,�\wl.nv�.,• v��', ne, v�w�nTU ...:��",:,,�11��"I„'� gyp`. 1�1,11raVev'� Qf�TE�n�au.,�.^.u#krW I aR -795 W 317) 848 -7275 03/12/08 9 e 49 AM KM W F (317) 571- 4136 AW KICK OFF SHAVONNE HOLTON- 258.6266 RETURNED 03/15/08 9 :49 AM RR *FINAL Charge for 1.00 Day(s) Page: 1 r 1.3?.3• t I hC, P r 4 k ,1e d �'.:.e a1 z yh C x x t m a D gqp��,;tie 't ,,•7 .xt(esx v r k r. V�' a. V .z.. $r re. �4 =Z, 1 4346 -0000 SPACEWALK CLOWN FACE 150.00 .525.00 1575.00. 150.00 150.00 .IF USING AN EXTENSION CORD IT MUST BE A 10/3 OR 12 /3.GAUGE SHORTER THAN 25 FEET PLEASE READ FOLLOW INS110 IETrs ti (fflf t= DO NOT USE IN RAIN SNOW' OR-Sr r (UNG i uiD MUST BE RETURNED CLEAN, DR r i •Yl.^ -'�E;: r n PE:R FEES WILL BE INCURRED- SUBJECT TO EXT QNT OF DAMAGE REMOVE SHOES BEFORE ENTERING ALL�INFLATABLES 1 4231 -0000 GAME PLOWER SPACEWA1:J,, 0.00 0.00 1 4362--0000 SPACEWALK TARE' 0.00 0.00 Payments REr ry Purchase CT C.T 0 9 2008 Descriptiwl P.O. Part BY: 131.1t CEIVED Bud Line Descr SEP 3 0. 2008. Purchase !approval BY: 32 w FI B ILLING Z Call 252.38:. before &after X hours for equipment problems., a =Customer respnnsi,ble for z DAMAGED MISSING equipment Rent 1.50.00 Sales 0.00 EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544 Other 0.00 I HEREBY AUTHORIZE THE LESSOR TO MAKE APPROPRIATE CHARGES TO MY CREDIT CARD. Dm g Wai 9.00'. YES INITIALS SME Tax x. FAILURE TO RETURN PROPERTY LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE Sal es Ta x 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. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. D 0. 00 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE &PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS. The undersigned having read and understood the above terms as well as the Additional Terms and Conditions on T DUE 159. 00 the reverse side hereof, hereby agrees to rent the above equipmen on the terms and conditions set forth in this Rental Agreement, and is an authorized agent for the Lessee. EQUIPMENT LEASED BY X AM B ILL -ED 159.0 EQUIPMENT RETURNED BY X Cho I-Ir ICAO 1 f. on rhi Terms and Conditions 1. INSPECTION. Lessee acknowledges that he has had an opportunity to personal inspect, *he equipment and finds it suitable for his needs and in good condition, Lessee understands its proper uses. Lessee further acknowledges Lessee responsibility to inspect the equipment 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 I essee'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. RETURN OF EQUIPMENT, At the termination of 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 tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee- Lessee shall be responsible for ail t- `osses or damage to the Equipment froth time of delivery to Lessee and until picked up by Lessor. 4. PARTIES. As used in this Rental Agreement, the terms "Lessor and "we" shall mean PTR, Inc. d b, "a Party Time Rental. The terms "Lessee' and "you" shall mean the party executing this Rental Agreement as such on the face hereof. 5. HOLD HARMLESS AGREEMENT. Lessee shall defend, indemnify and hold harrmless Lessor its employees, agents and subsidiaries, from and against all claims, liabilities, losses. damages to property or otherwise, 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 indemnifies included in this exhibit shall include reasonable attorney's fees paid by Lessor in defending suit and actions involving liability covered by the indemnification provision in this paragraph. 6. TIME. All equipment rental charges are for time out NOT TIME USED. Most prices quoted are for a one day (24 hours) charges. if equipment is needed for a longer time period, sere also .have days; and monthly {26 raysi rates. For most equipment the weakly rate is three times the daily rate and the monthly rate is three times the weeklyrate. 7 LIABILITY Alf equipment is for rental purposes only and it is understood that the Lessor shall not be held responsible for any accident or damage resulting directly or indirectly 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. and neither assumes nor authorizes any other person to assume for it any liability in connection with the use of this equipment. The Lessee agrees to indenify and hold the Lessor harmless from and against any claims actions, proceedings costs, damages to property consequential damages, loss of income or any other incidental damages, even those damages caused by the negligence 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 manufacture, selection, delivery, possession, use operation or return of the equipment, 8. COLLECTION COSTS, The Lessee agrees to pay all reasonable collection attorney's and court fees and other expenses involved in the collection of charges or enforcement of the Lessors rights under this contract. 9. REPLACEMENT OF MALFUNCTIONING EQUIPMENT, If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. Lessor will repair or replace the equipment with similar equipment in good working order, ;f available, and if the defect is the result of normal use. Lessor is not responsible for any inciden -tall or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto. 10. DAMAGE WAIVER. A six percent i6 non refundable damage waiver is applied tc the cost of all rental equipment. This cost is only minor repairable damage, and is riot to be construed as insurance. The damage waiver does not cover damage caused iay,mis! ise, abuse nor does it cover theft. Minor damage is defined as damage that can be repaired for an amount less than six percent (6% of the equipment's rental fee. 11. PROTECTION OF EQUIPMENT. It is the responsibility of the LeSSde tell protect ai��;upnent-frorn damage. exposure to weather, or other damage that occurs from issue of equipment. The Lessee must protect the equipment until it is returned or tntil the aIoreed pick -up time,and date. 12.7HEFT OF EQUIPMENT. The Lessee agrees to pay for equipment jat its replacerrint cost t� men renfedj for all types of theft or mysterious disappearance. Damage Waiver does not cover theft. 'risks 13. WEATHER RELATED RISKS, Lessee assumes all 'weather related risks involved in balding ar au }ddar feritecf event. Lessor will endeavor to minimize said risk, however. should the tenting become unusable due to high Arvind, snow, rain, flooding, extreme cold ^t. pr.L, to_rhe Qnd Lessor's control, Lessee shall still be liable for payment in full of all charges. 14. DIRTY, OR DAMAGED EQUIPMENT. Lessee agrees to pay for any damage to rented equipment regarcless of cause, except reasonable wear and tear while 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 against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by Lessor, or at the Lessor's option by others. 15. LOSS OR-DAMAGE- To that darr,&P,..to the equiprment.is not covered by the foregoing Damage Waiver_ provision, the Lessee assumes-all risk of loss or of damage to the leases equipent,frorrr arty cause; NQ los.c�t "�rtage to the equipment shall impair any obligation of the Lessee under this Rental Agreement, including the repayment of rental fees. Lessor share have! he option afrehatnhg or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS. We requite a valid.Visa, fulatterCard, American Express or Discover card number to make rgr .rvation unless the party renting the equipment has a pre arrang account Part}! i'h"e' R4ntal. The'' credit cajd number will secure the reservation until the bate of the eke' "i1 bred t card is net presented a# pick up, then a cash security deposit equal to the reeplacement cost of the equipment is required in aa�: {ins to tho t Pxue; i ;tiaGt,t 1Z CANCELLATION. A party retaking a reservatecc: Il be subject to a 2 pgcel'ation fee if the entire reservation W,delied within thirty 130, days of the event. This policy applies to all parties, _IPot Lid ing,- those tirrho1iave;p ranges' accounts at Party Time ReltEa;. ancelraiten ar.tntiatable anti special seasonal equipment will be subject to a 100% fee. 18. DELlV Ft t611 F? I UP r1iv. ty_rS rm de to closest point truck ca mar =�tra �r ar o� will me It in Lion', -i- tiRairs, elevator use or any point where extra time is involved. Our servicd Vibes not' inct�de set up and kr.dck down of tables and chairs. If this services required, arrangements slhpold ;Ue made several days prior to delivery with a special charge girdled. If no arrangements are rrlada'and the "s service is desired on daii "r +atr..r ++r Hall fnr a,; f tIme'permits, }Ve will try to accommodate you after quoting the price. On pick rip vt herdic' riol'arr n!rer enfs havw been made and equipmena is not kn&.I d down n and assembled in ope sheltered area. tables and chairs will be left until the next day when a special ;crevv� can be scheduled. Thee will be an additional one day r U im,c myul eh is still up. 19. PREPARATION OF SITE Lessee atgre to have the site upon vYh� h the Ar Pi rtn� a..d clear of all obstacles, natural and man made, prior to the arrival of the to have all tents cleared for removal pro, to our arrival. All non eased equipment and decorations shall be cleared and taken from site. if Lessee fails to do so. then Lessee shall pay all costs involved for any delay, additional rental. and all costs including collection and legal expense. 20. UNDERGROUND FACILITIES, Lessee agrees to have all Underground Facilities, in the vicinity of the Equipment installation, clearly marked prior to the arrival of Lessor's work crews. Lessee assumes fu!l responsibility for damage to all Underground Facilities. To identify Underground Facilities. Lessee must call one week prior to installation. CALL BEFORE YOU DIG 800 -382 -5544 21. SE? UPITEAR DOWN, Set up and/or tear down of equipment is also available. Party Time Rental will be happy to quote a charge to the customer based on .the.rental item to be set-up/ttorn down., Any equipment not previously scheduled to be set -up or torn dolom will be assessed normal set-up/tear down charges plus a minimums S50 fee, 22. IDENTIFICATION. When picking up rental equipment at our location, we require a valid Indiana State Driver's License. For insurance purposes, we are required to photocopy the Lessees license. 23. EQUIPMENT USE. Upon picking up or accepting delivery of equipment learn to use the item's;- We do our best to instruct each customer on hoer to safely use the equipment. Should an item not work properly, please contact the Lessor as soon as you have discovered the problerrl. We will either provide further instruction or we will replace the item. Also, upon picking up 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 immediately in order to remedy the situation. The Lessee shall use the equipment in a careful and proper manner, 24. LIQUIDATED DAMAGES, In the event that the Lessor fails to deliver any equipment, or is unable to remedy problems with the delivered equipment, the Lessor's sole responsibility shall be to refund to the Lessee the rental fee for the particular equipment. 25, SEVERABILITY. If, any provision of this Rental Agreement is held invalid by a court of competent Jurisdiction, it shall be considered deleted from this Rental Agreement, but such nvalidity shall not affect the other provisions that can be given effect in the absence.of the invalid provisions. 26.ATTORNEY'S FEES. In the event that either party files an action in relation to this Rental Agreement the Unsuccessful party in the action shall pay to the successful party. in addition to all other sums that either party may be called upon to pay.. a reasonable sum for the successful party's attorneys' fees. 27. LINENS. Table linens are inspected prior to pick up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG mildew will result if there is obvious damage such 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 dry and 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 full responsibility and costs incurred for damage and or cleaning expense to tent tops due to cooking processes under or near tents. ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of 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. 237300 Party Time Rental 1212 S. Rangeline Rd Date Due Carmel, IN 46032 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 9/15/08 161550 Spacewalk 159.00 Total 159.00 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 1 20_ Clerk- Treasurer r u Voucher No. Warrant No. Allowed 20 237300 Party Time Rental 1212 S. Rangeline Rd Carmel, IN 46032 In Sum of 159.00 ON ACCOUNT OF APPROPRIATION FOR 104 Program Fund PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 0 1 4(0 161550 4341985 159.00 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 6 -Oct 2008 Signature 159.00 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund