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163345 09/03/2008 CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC CHECK AMOUNT: $6,827.94. CARMEL, INDIANA 46032 1212 S RANGELINE RD CARMEL IN 46032 CHECK NUMBER: 163345 CHECK DATE: 9/3/2008 DEPARTMENT ACCOUN PO NUM INVOICE N UMBER AMOUNT DESCRIPTION 902 4359003 160567 1,179.59 FESTIVAL /COMMUNITY EV 1160 R4359003 16225 160567 3,566.31 TENTS -ARTS DISTRICT 1047 4239099 160623 2,082.04.OTHER MISCELLANOUS 1212 South Rangellne Rd. RENTAL AGREEMENT The below equipment has been received by the undersigned for rental purposes only, and it is understood that PTR, Inc. d/b /a Parry Time Rental /H 111111 1 i r r `11/ Carmel, IN 46032 "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 W' expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, (3 844 -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 indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, n 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, I N T M 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 t RIIITRIRENiTO _i k,.i _g CARMEL CLAY PARKS RECREATION MONON CENTER AQUATIC CENTER 1411 EAST 116TH STREET 111TH AND RANGELINE Con# 16 0623 CARMEL IN 46032 CARMEL Fes. _RATE TIME AR -795 W (317) 848 -7275 07/24/08 12:00 PM MC 1117 57 1 -Ze 1 1A ORDERER RV.,.1 4` AW AQUATIC CENTER MANQY JEREMY KERB DUE 09/01/08 11:30 AM MC CONTRACT Charge for 6.00 Days) Page: 1 Qty term W 4,,,,Wk Aht. llifs,c t. Rental Text s BILLING DEL: 7/24 BY 11AM CALL JEREMY 432.2640 P /U: 9/1 ANYTIME Vi MONON CENTER AQUATIC CENTER SIDES WILL BE ATTACHED FACING THE WATER PARK OP9N TOWARDS FENCE 1 6534 -0000 TENT FRAME 16X16 WHITE 190.00 570.00 1710.00 1140.00 1140.00 8 4473 -6000 TENT WEIGHT 13.00 39.00 117. 00 624.00 624.0 0 2 6110 -0000 TENT SIDE SOLID C 10.00 30.00 120.00 120.00 120.00 1 46032 CARMEL P /D -32 55.00 55.00 55.00 1 NEW FUEL SURCHFUEL SURCHARGE NEW 10.00 10.00 10.00 2 37 SU /TD TENT SIDE 10.00 20.00 20.00 Payments No Payraent Made 1 ql)q3 All ail y2_ J o Call 252'.3832 before after QUOTE FINAL BILLING a hours for equipment problems. W: a Customer responsible for ALL co y z 68 DAMAGED MISSING equipment Rent 1884.0 EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544 Sales 85. 00 Other 0.00 I HEREBY AUTHORIZE THE LESSORTO MAKEAPPROPRIATE CHARGEST 0 MY CREDIT CARD. Dmg Waiv 113. 04 YES INITIALS SME Tax 0.00 FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE Sales Tax 0.00 tI BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. De pos i t 0.00 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE& 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 TOTAL DUE 2082.04 TOTAL PA I) 0. 00 the reverse side hereof, hereby agrees to rent the above equipmenUarticles onthe terms and conditions set forth in this Rental Agreement, and is an authorized agent for the Lessee. ji EQUIPMENT LEASED BY X i T It s EST AMT D UE 2082.04 EQUIPMENT RETURNED BY X A Terms and Conditions 1. INSPECTION. Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for f is needs and in cood condition. Lessee und3rstands its proper use. 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 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. 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 all losses or damage to the Equipment from 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 harmless 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 indemnities 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, we also have weekly (7 days) and monthly (28 days) rates. For most equipment the weekly rate is three times the daily rate and the monthly rate is three times the weekly rate. 7. LIABILITY. All 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 indemnify 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 Lessor's 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 if available, and if the defect is the result of normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6 non refundable damage waiver is applied to the cost of all rental equipment. This cost is only minor repairable damage, and is not to be construed as insurance. The damage waiver does not cover damage caused by Misuse, 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 Lessee to protect all equipment from damage, exposure to weather, or other damaae 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 OF EQUIPMENT. The Lessee agrees to pay for equipment [at its replacement cost when rented] for all types of theft or mysterious disappearance. Damage Waiver does not cover theft. 13. WEATHER RELATED RISKS. Lessee assumes all weather related risks 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 factor beyond 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 regardless 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 the extent that damage°to ft equipment is not covered by the foregoing Damage Waiver provision, the Lessee assumes all risk of loss or of damage to the leased equipment from any cause. No loss of or damage to the equipment shall impair any obligation of the Lessee 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 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 net presented at pick -up, then a cash security deposit 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 (30) 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 will be subject to a 100`,, fee. 18. DELIVER AND PICK -UP, Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point-'where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this sen ice is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization, if time permits,we will try to accommodate you after quoting the price. 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 special crew can be scheduled. There will 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 to be erected, free and clear of all obstacles, natural and man made;:prior to the arrival of the Lessor's work crew. Lessee further agrees to have all tents cleared for removal prior to our arrival. Ai( non leased 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 full 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. SET UP /TEAR 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 /torn down. Any equipment not previously scheduled to be set -up or torn down will be assessed normal set -up /tear down charges plus a minimum $50 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 Lessee's 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 how to'safely use the equipment. Should an item not work properly, please contact the Lessor as soon as you have discovered the problem. 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 tc 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 invalidity 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 (G 3 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 7/24/08 160623 Tent sides 2,082.04 Total 2,082.04 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 Voucher No. Warrant No. Allowed 20 237300 Party Time Rental 1212 S. Rangeline Rd Carmel, IN 46032 In Sum of 2,082.04 L ON ACCOUNT OF APPROPRIATION FOR 104 Program Fund PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1047 160623 4239099 2,082.04 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 18 -Aug .2008 Signature 2,082.04 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund r 1212 South Ran elllle Rd RENTALAGREEMENT 1 The below equipment has been received by the undersigned for rental purposes only, and it is understood that PTR, Inc. dlbla Party Time Rental Carmel, I N 46032 "Lessor) shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment. The lessor v C expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, °5 78 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 (317) 844 indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, FAX (317) 575 -2272 loss of income or any other incidental damages, even those damages caused by the of lessor, including attorneys' fees, arising out of. REN M/ connected with, or resulting from the use of the equipment, including, but not limited to, the manufacture, selection, delivery, possession, use operation, WWW.pIrirTC.COffl• ar return of the equipment. X .n «��'��n qTw' n PU�uu t:- 7v1APF Bill TO/BEHi TO OELIUER T0, CARMEL ARTS DESIGN MERCHANTS MAIN ST RANGELINE ResO 119731 MAIN STREET CARMEL Con# 160567 CARMEL IN 46032 ��"�..:S °4k .x�,T+h,,n TIME a'T4wuq.. OAT AR- 38808 W (317) 571 -0425 07/19/08 2:55 PM AW C 4 7 1 A 11 0 i ,p 11 dU� 6,u a�P1PB At4 S h \Gt." BBBEBEB. BV�� .._____xv.�s.,o`��,aw�,��. UB ROCK THE DISTRICANDREA STUMPF DUE 07/19/08 3:00 PM KM CONTRACT Charge for 1.09 Day(s) Page: 1 d, m °e:." =r h e,xs hA;�ur ��W�ex ,�5 4�` [�9:u Rental Text BILLING i DEL: AT 6:30AM ON 7/19 **MUST BE SU BY 9AM ***EVENT IS FROM IIAM- IOPM*** PU: AT 10PM ON 7119 #SU /TD TENTS, STAGEING, SKIRTS BILJACKS *STAGE. SIZES ARE (2) 16X16 20X20+ *DIVIDE 75 TABLES UP IN THE 3 TENTS ff **SEE NANCY ABOUT STEPS FOR BILLJACK!!!!!!!!! ***TENTS WILL NEED TO BE SET ON TOP OF STAGES* `J esr (3) CHAIRS WILL GO ON EACH STAGE*** CONTACT IS.ANDREA 2 6534 -0000 TENT FRAME 16X16 WHITE 190.00 570.00 1710.00 380.00 380.00 2 4578 -0000 TENT TOP 16X16 WHITE 0.00 0.00 2 4573 -0000 TENT .TARP 16X16 FRAME 0.00 0.00 1 6438 -0600 TENT FRAME 20X20 WHITE 245.00 735.00 2205.00 245.00 245.00, 2 4482 -0000 20' FRAME END W 0.00 0.00 1 6120 -0000 TENT TARP 20X20 FRAME 0.00 0.00 3 6445 -0000 TENT SIDE SOLID W 10.00 30.00 90.00 30.00 30.00 28 4473 -0000 TENT WEIGHT 10.00 39.00 117.00 280.00 280.00 28 7793 ®000 TENT WEIGHT COVER WHITE VINYL 0.00 0.00 25 6673- -0000 FLOORING BILJACK 4X4 GRAY 20.00 60.00 180.00 500.00 500.00 DO NOT USE IN RAIN /.SNOW OR STRONG WIND NEEDS A 5/16" ALLEN WRENCH TO INSTALL 1:. 7373 -0090 TOOL ALLEN WRENCH 5/16" 0.00 0.00 75 6746 -0000 LESS 36`° FOR BILJACKS 0.00 0.00 16 .6721-0000 STAGE 4' X8' (DELIVERY ONLY) 40.00 120.00 360 00 640.00 640.00 ,;'1 wtc e c �r r c r.r c r To c r r ALLEN QUOTE�`' a4 �FINAL BIL LING Z -1 p d a Z5 Z o 11' EMERGENCY #(317) 252 =3832 UNDERGROUND (800) 382 -5544 I HEREBY AUTHORIZE THE LESSOR TO MAKE APPROPRIATE CHARGES TO MY CREDIT CARD. YES INITIALS r FAILURE TO RETURN PROPERTY LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE I EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFr. THEFT IS PUNISHABLE SY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE: EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE 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 reverse side hereof, hereby agrees to rent the above equipment/articles on the terms and conditions set forth i4 in this Rental Agreement, and is an authorized agent for the Lessee. l EQUIPMENT LEASED BY X I EQUIPMENT RETURNED BY X E 3 w Terms "and Conditions 1. INSPECTION. Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his neecs and in good condition. Lessee undo; stands its proper use. 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 rr ;ntaI period and retention of possession after this time constitutes a-material breach of 6essee'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 Lessors 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 Lessee or to pick up the Equipment from Lessee. Lessee shall be responsible for all losses or within Lessor's regular business hears. If Lessor has agreed to deliver the Equipment to damage to the Equipment from time of delivery to Lessee and until pic ked up by Lessor. 4. PARTIES. As used in this Rental Agreement, the terms `Lessor" and' :ire" shall mean PTR, inc. Jibe 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 harnless 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, Lessees 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 in provision in this paragraph. 6.TIME. All equipment rental charges are for tirre out NOT TIME USED. Most prices quoted are for a one day (24 hours; charges. If equipment is needed for a longer time period, we also have .<sekly ,7 days) and monthly `28 days) rates. For most equipment the weekly rate is three times the daily rate and the monthly rate is three times the !weekly rate. 7. LIABILITY. A111 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 warranfies, 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 tf?is equipment. The Lessee agrees to indemnify even 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 off the Lessor, including attorneys' fees, arising out ot, r;onnecfed 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 a!! reasonable collection attorne'y's and court fees and other expenses involved in the collection of charges or enforcement of the Lessor's 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 if available, and if the defect is the result of normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6 non- refundable damage waiver is applied to the cost of all rental equipment. This cost is only minor repairable damage, and is not to be construed as insurance. the damage waiver does not cover damage caused by misuse, abuse nor.does it cover theft. 'Minor carnage 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 Lessee to protect all equipment from damage, exposure to weather, or 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 OF EQUIPMENT. The Lessee agrees to pay for equipment at its replacement cost when rented] for all types of theft or mysterious disappearance. Damage Waiver does not cover theft. 13. WEATHER RELATED RISKS. Lessee assumes all. weather related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however should the tenter fj become unusable cue to high wind, snow, rain', flooding, extreme cold or heat, or any other factor beyond 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 regardless 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 bonne by the Lessee, whether performed by Lessor, or at the Lessor's option by others. 15. LOSS OR DAMAGE. To the extent that darr:age to the equipment is not covered by the foregoing Damage Waiver provision, the Lessee assumes all risk of loss or of damage to the leased equipment from any cause. No loss of or damage to the equipment shall impair any obligation of the Lessee under this Rental Agreement, including the repayment of rental fees. Lessor st,ail have the o;; ion 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 deposit equal to the replacement cost of the equipment is required in addition to the, rental tee. olicy apples 17 CANCELLATION. A party making a reservation will be subject to a 25% cancellation fee if the entire reservation is cancelled within thirty (30) days of the event. This p to all parties, including those who have pre arranged accounts at Party Time Rental. Cancellation of inflatable and special seasonal equipment will be subject to a 100% fee. 18. DELIVER AND PICK-UP. Delivery s made to closest'pdint truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not induce 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 quoted, If no arrangements are made and this service is desired on delivery our driver must call for authorization. if time Hermits, vve will try to accommodate you after quoting the price. On pick u) 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 cay when a special crew can be scheduled. There will be an additional one day rental. A knock down, fee will result if equipment is still up. 19. PREPARATION OF SITE. Lessee agrees is have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and man made prior to the arrival of the Lessor's work crew. Lessee further agrees to have all tents cleared for removal prior to our arrival. All non leased 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 a" 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 Lessors work crews. Lessee assumes frill responsibility for damage to all Underground Facilities. Tr.; identify Underground Facilities, Lessee must call one week prior to instal {atio n. CALL BEFORE YOU DIG 800 -382 -5544 ote a charge to the customer based on the rental item to be 21. SET UP /TEAR DOWN. Set up and`or tear down of equipment is also available. Party Time Rental will be happy to q' d set upr`torn down, Any equipment not previously scheduled to be set-up or torn do.r1n will be assessed normal set-up/tear down charges plus a minimum 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 equiprnerit, learn try use the item s). We do our best to instruct each customer on haw to safely use the equipment: Should an item not work properly, please contact the Lesso r as soon as you have discovered the problem. 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. y 24. LIQUIDATED DAMAGES. In the event that the Lessor fails to deliver any equipment, or iblei is unable to remedy problems with the delivered equipment. the Lessors sole respons shall be to refund to the Lessee the rental fee for the particular equipment. i 25. SEVERABILITY. It 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 tf,at can be given effect in the absence of the invalid provisions. I. 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 1 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 e 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. c 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 carnage and or cleaning expense to tent tops due to cooking processes under or near tents. 1212 SOUth R dhgellfl@ Rd.* RENTAL AGREEMENT The below equipment has been received by the undersigned for rental purposes only, and it is understood that PTR, Inc. d/b /a Party Time Renal Carmel IN 46032. "Lessor") not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment. The lessor 1 C p expressly disclaims all:warranties, either expressed or implied including any implied warranties-of merchantability or fitness for a particular purpose, .r (317) 844 -5178 and neither assumes hor:adthorizes any other 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, 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, or return of the equipment. WWW.ptrinc.CQfrl X. �wrt "NI1f Ttv� "t" Liu TO CARMEL.ARTS 9,DESIGN MERCHANTS MAIN ST RANGELINE .;Res# 119731 MAIN STREET CARMEL Con# 160567 CARMEL N '.46032 d 1� y��wu� h1 �Nt w wau�u \��p �qN n� P� G ",r 1 "��a. ,QATE )W ".a,,. h7 TIME d 1� �1 N4 x l AR— 38808 V (317) 571 -0425 07/19/08 2:55 PM AW IF (317) 818- 1451 .�:�_.��.aw;;• ._PQ. �080EBE0BY.�,�__.______o_w �;,wy UB ROCK THE DISTRICANDREA: STUMP F DUE... 19 3.60 PM KM CONTRACT Charge for 1.00,Day(s) Pages 3 f� d tla h+1 VI A5 `W G �JQi 1� ylteY&::�„-.• -Da d ._t �ii D� v Itt}C�e Clt_ 3 37 SU/TD TENT 'SID.E ifb. A+ 30.00 30.00 Payments No :Payment Made 'L� i�d „fit �.Zc'. y'' CD Call 252.3$32 66fore after t QUOTE T FINALBILLING a o` hours, far equiPwentw' blema. .a o Custo�a.er respons tole -for ALL t N Z' DAMAGED MISSIN equipient Rent 3208.40 Sa e s 1595.00 EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 5544 1 _Other 0.00 Dreg Waiver ver 192.50 I HEREBY AUTHORIZE THE LESSORTOMAKEAPPROPRIATECHARGESTOMY CREDIT CAR D YES INITIALS is L ow FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE' S SME' 'T dk. r 0.00 a EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE Sa 1 es T a x 0. 00 i SS 1 BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE Depo sit 0. ABOVE EQUIPMENTAND I FULLY UNDERSTANDTHOSE INSTRUCTIONS. The undersigned having read and understood the above terms as well as the Additional Terms and Conditions on TOTAL DUE 4945 90 TOTAL pA 1 the reverse side hereof; hereby agrees" tit rent the'above equipment/articles on the terms and conditions setTorth in this Rental Agreement, and is an authorized itgentfor.the Lessee: EQUIPMENT LEASED BY X �J 7. 1 Y EQUIPMENT RETURNED BY X EST, AMT DU 4.5: 90 Terms and Conditions 1. INSPECTION. Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands its proper use. 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 Lessee's obligations :finder 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 all losses or damage to the Equipment from 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 party executing this Rental Agreement 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, 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 indemnities 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, we also have weekly (7 days) and monthly (28 days) rates. For most equipment the weekly rate is three times the daily rate and the monthly rate is three times the weekly rate. 7 LIABILITY. All equipment is for rental purposes only, and it is understood that the Lessor shall not ber 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 indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, lass 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 Lessor's 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 if available, and if the defect is the result of normal use. Lessor is riot responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6 0•0) non refundable damage waiver is applied to the cost of all rental equipment. This cost is only inino repairable damage, and is not to be construed as insurance. The damage waiver does not cover damage caused by misuse, 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 Lessee to protect all equipment from damage, exposure to weather, or 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 OF EQUIPMENT, The Lessee agrees to pay for equipment [at its replacement cost when rented) for all types of theft or mysterious disappearance. Damage Waiver.does not cover theft. 13. WEATHER RELATED RISKS. Lessee assumes all weather related risks involved in holding an outdoor tented event. Lessor will endeavot to minirfize sajd risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any-other factor beyond Lessor's control Lessee shall still oe liable for payment in full of all charges. 14. DIRTY, OR DAMAGED EQUIPMENT. Lessee agrees to pay for any damage to rented equipment regardless 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 whan 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 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 leased equipment from any cause. No loss of or damage to the equipment shall impair any obligation of the Lessee under this Rental Agreement, including the -,epayment of rental fees. Lessor sha" 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 deposit 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 (30) 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 will be subject to a 100% fee. 18. DELIVER AND PICK -UP. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where 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 quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and equipment is not knocked down and assembled in one shelteredtarea, tables and chairs will be left until the next day when a special crew can be scheduled. There will be an additional one day rental. A knock down flee will result if equipment is still up. 19. PREPARATION OF SITE. Lessee agrees to have the site upon which the equipment is.to be erected, free and clear of all obstacles, natural and man made, prior to the arrival of the Lessor's work crew. Lessee further agrees to have all tents cleared for removal prior to our arrival. All non leased 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 Lessors work crews. Lessee assumes full 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. SET UPfTEAR DOWN. Set up and /or tear down of equipment is also available. Party Time Rental will be happy to a charge to the customer based on the rental item to be set -up /torn down. Any equipment not previously scheduled to be set -up or tom down will be assessed normal set- upr'tear down charges plus a minimum $50 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 how to safely use the equipment: Should an item not work properly, please contact the Lessor as soon as you have discovered the problem. 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 equipmentar, 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 invalidity shall not affect the ocher provisions that can be given effect in the absence of the invalid provisions. 26. ATTORNEY'S FEES. In ilie event that either party files an action in relation to this Rental Agreement, the Unsuccessful parry 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 &y 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 dafnage and or cleaning expense to tent tops due to cooking processes under or near tents. 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 0A f ryL2 j t/L/r, Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) x -08 (0 6 5� S' /t G'vs r �v�,� 7�c %'2 q 7 `15 q Total q 7 45 7 q v I 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 VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF all W Jti 3z 1 1 1 !7 L-45 q U ON ACCOUNT OF APPROPRIATION FOR 1 /X Board Members PO# r INVOICE NO. ACCT #/TITLE AMOUNT D T. I hereby certify that the attached invoice(s), or 1&2 1& �351on 3 2,5 bill(s) is (are) true and correct and that the U Z /(o U57o /35tva 3 79.5 y materials or services itemized thereon for which charge is made were ordered and received except A 20 O 2 g am Cost distribution ledger classification if Title claim paid motor vehicle highway fund