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177798 09/29/2009 CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC CHECK AMOUNT: $1,537.80 CARMEL, INDIANA 46032 1212 S RANGELINE RD CARMEL IN 46032 CHECK NUMBER: 177798 CHECK DATE: 9/29/2009 DEPA ACCOUNT P NU MBER INVOICE NUMBER AMOU D ESCRIPT ION 1047 4239039 166290 1,537.80 GENERAL PROGRAM SUPPL i �e 1212 South Rangellne Rd. RENTALAGREEMENT The below equipment has been received by the undersigned for rental purposes only, and it t understood that Inc. Parry Time Rental TnW Carmel, I N 46032 Lessor shall not be held responsible for any accident or damage resulting directly or indirectl ly from the use of the the l leased equi equipment. The lessor or (317) 844 -5178 expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, PMR 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 hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, REN 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 of, 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 er return of the equipment. X 81ET;T0lRENT,TO M... DEIIUER TD d MiR m s WN U KIM CARMEL CLAY PARKS RECREATION SEE NOTES FOR DELIVERY P r' ::`631 1411 EAST 116TH STREET CARMEL 46032 Con# 166290 CARMEL IN 46032 AR -795 W (317) 848 -7275 09 4:23 PM AW. UB TOUR DE CARMEL SARAH CARLING RETURNE 09/12/09 PM NAM ***FINAL*** Charge. for 1.00 Day(s) Pagel; 1 Rental Text a BILLING O PU: NOON 11 N 4 9F'M gl um F'I�; NOON Pd /12 *SU /TD TENTS- -TENTS WILL BE WEIGHTED CONTACT: SARAH CARLING 473 -5934 SEP 1 5 2009 SHE WILL SHOW YOU WHERE TO PLACE TENTS *DELIVER (2) 10X10 TO EACH OF THE FOLLOWING SITE.*`.a -MONON CENTER *THEY ALSO GET THE 20X30 WEIGHTED MOHAWK TRAILS ELEMENTARY 126TH CARMEL DR -CLAY TWP PARKING LOT 107TH COLLEGE 6 7457 -0000 TENT FRAME 10X10 FESTIVAL 110.00 390.00 1170.00 660.00 660.00 6 7458 -0000 10X10 FESTIVAL TOP 0.00 0.00 6 7491 -0000 TENT TARP 10X10 FESTIVAL 0.00 0.00 24 4473 -0000 TENT WEIGHT 10.00 39.00 117.00 240.00 240.00 1 6439 -0000 TENT FRAME 20X30 WHITE 340.00 1020.00 3060.00 340.00 340.00 2 4482 -0000 20'FRAME END W 0.00 0.00 1 6115 -0000 20' FRAME MID W 0.00 0.00 14 4473 -0000 TENT WEIGHT Purchase 10.00 39.00 117.00 140.00 140.00 10 6412 -0000 TENT STAKES 0.00 0.00 Description 1 4599 -0000 TENT TARP 20X30 FRAME P.O. P or F 0.00 0.00 1 46032 CARMEL P /D -32 75.00 75.00 Payments G.L.# Budget Une -DDe Cn Purchaser Dat f QU OTE YA FINAL BILLING 0 Call 252. before af=ter W 0 hours for equipment problems. Approval Dat N Customer responsible for ALL DAMAGED MISSING equipment Rent 1380.00 EMERGENCY #(317) 252 3832• UNDERGROUND (800) 382 -5544 Sales 75.00 Other 0. 00 I HEREBY AUTHORIZE THE LESSOR TO MAKE CHARGES TO MY CREDIT CARD. YES INITIALS D m g Wa 1 V e r' 82. 80 FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE SME Tax 0. 00 EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE Sale Tax. BY 2YEARS 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 Deposit 0. 00 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 the reverse side hereof, hereby agrees to rent the above ectOpmenUarticles on the terms and conditions set forth TOTAL DUE 15 80 in this Rental Agreement, and is an authorized agent for the Lessee. EQUIPMENT LEASED BY X EQUIPMENT RETURNED BY X MT BILLED 1537.80 Terms and Conditions T• f 1. INSPECTION. Lessee acknowledges that he has nad an opportunity to persona rs pact the egtiprnenf and finds it suitable for his needs and in good cohdition. Lessee understands its proper use. Lessee further acknowledges Lessee rosponsipility ti� inspect the eciilillmer t prior ;o its use and to notify Lessor of any defects. 2. TIME OF. RETURN. Lessee right of possession terminates on the expiration of t? Ee re nml 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' essor`s election be mutually agreed upon in writing. 3. RETURN OF EQUIPMENT At the termination of this agreement; Lessee shall retwn 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_roasonabi� wear and tear. La; ea shall be liable for ail tlamages.to or loss of the.Equ pment occurring because it vt�as not returned. within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or 'n 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 "Lesso°" and "we" shall smear, PTR, Inc. drb /a ;Tarty Time Rentai. The terms "Lessee` and "you" shall mean the party executing this Rental Agreement as such or, the face hereof. 5. HOLD HARMLESS AGREEMENT. Lessee shall defend, indemnify and 'hold harmless Lessor its employees, agents a=id subsidiaries, fromn and against all claims, liabilities, losses. dam ages to property or otherwise, and expenses, of every character whatsoever; reso ling 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 coverer uy the indemnification provision in tl ;is paragraph. 6.TIME. All equipment rental charges are for tirne out NOT TIME USED. Most prices num are for a one day (24 hours', charges. If equipment its needed for a longer time period. we also have weekly 7 days'i and monthly 28 days) rates, For most equipment the vveekly ,afic 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 manuracture, selection, delivery, possession, use operation or return of the equipment. 8. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection a tornf'y =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 urisafe or in disrepair for any reason Lessee agrees to discontinue its use and to notify Lessor. Lessor whit repair or replace the equ similar equipment in good working order if available, and if.the defect is the result of normal use. Lessor is not responsible for any :ncode :ter c,r consequential damages caused by delays or otherwise, and Lessee h ieDv waives any i rig or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6 non refundable damage waiver is applied to the cost of =li rental equipment. This cost is only minor repairable damage, and Is not to be construed as insurance. The damage waiver does riot cover damage caused by misuse, abuse nor does it cover theft. Minor damage is defined as damage that can be repaired for an a €.mount less than six percent (6 -c} 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. Thy ifs see•mrist 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-rentedi 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 it 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 clear ing charge for ai; equipment returned dirty. Accrued rental charges canna' 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 'A-1 be borne by the Lessee. ,whether performed by Lessor, or at the Lessor's option by others. 1.5._LOSS_OR.DAMAGE..7bi e extent.that.damage o_the equipment is. :not_covered by the_foregoing Damage Waiver provrislon,_the Lessee t:ssumes_all_r:sk of loss or of damage to the leased equiptn'ent'from any cause. No loss of or dpmaga to "the equipment shall impair any obligation of the Lessee under this Rental Agreement, including the repayment of rental fees. L shall have-the option of repairing or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS. VV`e 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 pads making a reservation will be subject to a 25cL cancellation fee if the entire reservation is cancelled within thirty (30) days of the even:. This policy applies to all parties, including those w; o have pre arranged accounts of Party Time rental. Cancellation :of :inflataaleagd'special� seasonal equipment twill, be subject to a 100% fee. 18. DELIVER AND PICK -UP. Delivery is made to closest point truck can park. Extra charges ,viii result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service dues not incUde set up and knock down of tables and chairs. If this service is required, arrangements shcllld'be� made several days prior to delivery 'with a special charge quoted_ If no arrangements tarn niade and tNs.sorvice is desired on delivery, our driver must call for authoriz,�tien. If time permits, we will try to accommodate you after quoting the price. On pick un where no prior a rral r3 emems have eon made and equipment !s not knocked down anoFIJ 1411d intone ;.sheltered area, tables and :chairs will be iett until the r'ext gay wr=en a special cre w can be schedule c he tiw,il be an addit one day rental_ A knock 0,o w�n fee v iribi k,alf~Qluiprnent is still up. 19. PREPARATION OF SITE, lessee agrees to have thA site E�pon which -the equipment is -to -be er�r�� ��ee arddear cf- all eb�ta�les,�natural -and man made: onor to the artIva of R fife n 1 nor fu t c^ t r q o ire Ls..�rs,work cre Less,.., .urEh.,. ag,e�s .o ha all lert�s �;,���cu ;W, Ti 17,7 r ;u Out a uvd non- !eased.equ�'pm�nt�ang decorations shad be'cleareJ a fr situ. i Lessee fails to do so, then Lessee shall pay ail costs inv olved for anv delay, additional rental. and all c *11 alliding collection and legal expense. 20, UNDERGROUND FACdL PT1ES. Lessee agrees to have ail Underground Facilities, in tha v cinityt U re= ,Equipment installation clearly marked prior, to the arrival of Lessor's work crews. Lessee assumes full responsibility for damage to all Underground Facilities_ To idea ifv I tr yj2m; )urWFacilities. Lessee must call one week prior to installation. CALL BEFORE YOU DIG 800- 382-5544 21. SET-UP/TEAR DOWN, Set up and /or 'ear down o* -c. =nwRt s: ;�w`�' �i11�be happy to quote a charge to the customer based on the rental 'tem to be set- up/torn down. Any equipment not previous y scheduled to be ee�j httmr*1 se-up/tear down charges plus a minimum $50 fee. 22. IDENTIFICATION. When picking up rental equipme Tat our louation, v,•e recaire a valid Indiana Sate Driver`s License. For insurance purposes, we are required to photocopy the Lessees license. 23. EQUIPMENT USE-Upon picking up or ac ceptng delivery of equipment, learn to use the .terms;. v ;1e do our best to Hnstruct each customer on troy. to Fafely use the equipment. Shdu3d an itorrr work properly, please contact,the Lessor as .soon as you have the problem, tA1e will either provide further instruction or we will replace the item. Also. upon p ckrnj tip or accepting cielivei of eg6romenf, be sure that you haive.reclevee all of the items that you reserved: Prot idee.that the�items are not correct or acceptable, we must be advised irnmediately in order to remedy the situation The Lessee shall.use the equipment in a careful and ;proper manner 24. LIQUIDATED DAMAGES; in the event the the Lessor fails to deliver any equ pment, or is unable to remedy problems .with the delivered equipment the Lessor's sole responsio ;Iity shall De to refund to the Lessee the rental fee fdrthe panicular equipment: 25. SEVERABIL1TY. If any provision: of this mental Agreement is field invalid by acourt of ccrnpetent Jurisdiction,i('shall be considered deleted from this Rental Agreement, but such 'l'o'aliG tin r3ai -r snot d`fect ;he ether C)rdvisionS tt a l be given effect in the absenc of the Invalid visions, 26.ATTORNEY'S FEES. In the event that either party files an action in relation to this Rental Agreemert; tho Unsuccessful party in the action ,hall pay to the successful partly, in addition to all other sums that either party may be called upon to pay, a reasonable sum for the successful party attorneys' fees. 27. LINENS. =able linens are inspected prior to piclt up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN A NY BAG mildew, will result. If there is ;obvious damage ;ch as mildew excessive stains, burns or tears. you vwill be charged the cost of the linen and keep same as though It were a sale, Return all linens d =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 damage art( or cleaning expe 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)) PO Amount 9/12/09 166290 Tents for TDC 22441 F 1,537.80 Total 1,537.80 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 I� 1,537.80 ON ACCOUNT OF APPROPRIATION FOR 104 Program fund PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1047 166290 4239039 1,537.80 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 24 -Sep 2009 Signature 1,537.80 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund I