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177350 09/15/2009 CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC CHECK AMOUNT: $22.26 CARMELJNDIANA 46032 1212 S RANGELINE RD CARMEL IN 46032 CHECK NUMBER: 177350 CHECK DATE: 9/1512009 DEP ARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AM OUNT DESCRIPTION 1207 4239040 166128 22.26 FOOD BEVERAGES 1212 South RENTALAGREEMENT Rangeline Rd. T ���u' 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 Rental a v 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 c p expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, (317) 844 =5 1 7 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, 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 HUD ICE HROOKSHIRE GOLF /CITY OF CARMEL INSTORE PICKUP 12120'BROOKSHIRE PWKY Con# 166128 CARMEL.IN 46033" y Y TE ;,TIME AR -181 W (317) 846 -7431 08/28/09 9:53 AM ISM s PAM DUE 81 1109 9 :53 AM KM CONTRACT Charge for 1.00 Day(s) Page: 1 W Y z✓"..s €t..i, ii't -1 ri.,L z .V tI 1UCLi1 f /J Ll� ♦L'i A "l f1 VI V fYIH V Y�'V I1fIfY 1 6618 -0000 COOKING ROASTER OVEN DELUXE 21.00 '63.00 189.00. 21e 00 21.00 PLEAT E,HAND RINSE ROASTER OVEN &,R,ETURN IN PACKING. IF DAMAGED NOT RETURNED IN PACKING, .FEES APPLIED Pavments No Payment Made QUOTE FINAL BILLING o 'Call 252. 3832- before after W hours for epipment. problems. N I Customer responsible for ALL z DAMAGED MISSING equipment Rent 21.00 EMERGENCY #(317) 252 -3832 UNDERGROUND (800)'382 -5544 Sales 0.00 I HEREBY AUTHORIZE THE LESSORTO MAKE APPROPRIATE CHARGESTO MY CREDIT CARD. Other QI.'0 YES- INITIALS Dm g Waiver 1. FAILURETO RETURN PROPERTY LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMAFACIE SME Tax 0. 00 EVIDENCE OF UNAUTHORIZED CONTROL OVERSAIDPROPERTY WHICH CAN CONSTITUTES THEFT THEFT IS PUNISHABLE Sa Ta 0. BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. s I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE D 0.00 ABOVE EQUIPMENTAND I FULLY UNDERSTANDTHOSE 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 equipment/articles on the terms and conditions set forth TOTAL DUE 22. 26 TOTAL PAID in this Rental Ag�eemenf, and is an authorized agent for the.Lessee. EQUIPMENT LEASED BY X EQUIPMENT RETURNED BY X :ST AMT DUE 2 2. 2 6 06 1R710 3 :1 Teals and Conditions 1. INSPECTION, Lessee acknowledges that he has had an opportunity to persona'iy inspect the equipment and finds it suitable for his needs and in Good condition. Lessee undersea 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 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 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 ali losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lesson 4. PARTIES. As used in this Rental Aaree ent, the terms "Lessor' a ^d "tYe "shall me .r, QTR Ing. d b,a Party Time Rental. The terms "Lesseb and'yo,t "shall mean the parry executing this Rental Agreement as Stich on the face hereof. 5. HOLD HARMLESS AGREEMENT, Lessee shall defend, indemnify and hold harmless t_essor its employees, agents and subsidiaries from and against all claims, liabilities, Tosses. damages to property or otherwise, and expenses,.of every character 4•<hatsoevver, 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 at�orney's fees paid by Lessor in defending suit and actions involving liablliiy covered by the indemnification provision in this paragraph. 6. T I M I Al' equinment rental charges are for time:out .NQT TIME USED. Most prices quoted are for a one day i24*h0urrs; charges. If equipment is needed for a longer tune period, we. .also have weekly 17 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. Z LIABILITY All equipment is for rental purposes only, and ft 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 ell warranties, either expressed cr implied including any implied warranties of merchantabilit or fitness for a particular. purpose and neither assumes nor authorizes any other person to'assume for it any lia �ility° in connection with the use of this equipment. The Lessee agrees' indemnify and ho[c the Lessor harmless fro!t 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 oli of, connected with or resulting from the use of the equipment, including b:a not jlrpited to, the manufacture, selection, delivery, possession, use operation, or return of the equipment. 8. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection attorneys and court fee and'c ier expanses involved' in tiiocolloetich of charge 5 of the Lessor's rights under'this contract. 9. REPLACEMENT OF MALFUNCTIONING EQUIPMENT, If the equipment becomes unsafe or indi§rep<ir-for any reascr, Lessee agrees to discontinue,;ts use to notifv Lessor, Lesso 'will repair or replace the equipment with similar equipment in good working order if available, and .If the.defe�t is the.result :of,n el use.L'essor,is ofd respgnsible for a ny incidental or consequential damages caused by delays or other4rwise, and Lessee hereby .waives anv rigr,t or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6 non- refundable darrtage'wawer is applied to the cost of al' rental ogpipmen,; This' cost is,oniy minor repair le damage and is no to ie tconstrued as insurance. The damage waiver does not cover damage caused by misuse, abuse. nor, does it cover theft. Minor damage is de`ined as 'damage that can be repaired for an amount less than six percent {6 0 -i-;} of the equipment's rental foe. .11. PROTECTION OF EQUIPMENT. It is -tile responsibility of the Lessee to protect all equipment from damage, exposure to weather, or other damagefl�at 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 hypes of theft or mysterious disappearance,. Damage Yfaivera z oes not cover theft, 13. WEATHER RELATED [DISKS. Lessee assumes ah weather related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, chould the tenting become unusable due to high,k ins snow,,rain,. loosing, extreme cold or heat, or any other factor beyopd. Lessor s.ggntrol, Losses 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 rogardless of cause, except reasonable .gear and tear ,dhi e etlurpment is out of ossessrd pf Lessor. Lessen f lso.agrees to bay a ciladnieg'_'chargold r all equipment :returned dirty. Accrued rental charges can ;o' 4 e ap�Iied against lets purchase cr cast of.repair or damaged goods. Rental Equipment damaged beyond �re�pair will be�paiel to by Le 4e at its Replacement Cost when rented. The cost of repai will be borne by the Lessee, whether performed by Lessor; or at the Lessor's option by others.. 1'5. LOSS OR DAMAGE.' To the extent that domage'tb the equipment is r�£ 'covered oy the foregoing Damage t ".rawer provision, is ;en, the Lessee assumes all risk of loss or of damage :o he .eased equipment from any cause. No loss of or damage to the equipment shall impair any oblioation of the Lessee under this Rental Agreement, including the repayment of.rental fees. Lessor shall have he option. of repairing or repibcing the equipment, and Lessee shall be responsible for sLt,h costs. .16. PAY ENT'TERMS. -We require a valid isa; Mlastercard, American Express or Discover cae'number to make a reservation unless the party renting the equipment has., lire arranged ac count at Paity Time Rental. The credit card number will secure the reservation until the date of the event, If a credit card is not presented at piclk-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 even'. This policy applies to all parlies. including those vyt°o have pre arranged accounts at Party Time Rental of inflatable and special seasonal equipment will be subject tC a IJn��� tea. �18. DELIV R AVID 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 in;.,!v -d. Our service doles riot include set up and knockdown of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted I are rinide and this service is desired on del vtery our driver ;lust Call for authorization, If t?me Ocrmits,'we will try t0 accommodate you lifter quo the p! cle •On pick up o Here -no prior arr angemen's have been made and equipment is not knocked doom -and assembled in one sheltered area, 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 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 t arrival of the Lessor's work crew. Lessee further agrees to have all terits cleared for removal prior te'our arrival, Aii non !eased etturpr and decorations shall,t;e cleared and taken fromn site, if Lessee fails to do so, then Lessee shall pay all costs involved for any'delau 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 market prior to the arrival of Lessor's work crews: Lessee assumes full responsibility for damage toall 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 Ronfal will be happy to quote a charge to the customer based on the rental item to be se =upltorn down. Any equipment not previously scheduled to beset -up or torn dovin will be assessed normal set- upitear down charges plus a rninimum .S50 tee; 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 lruense. 23. EQUIPMENT USE. Upon picking up or accepting delivery of equipment, learn to use the item(sj, We do our best to instruct each customer on how to safely use the equipment. Should an =tern 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..=lsv 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 responsi'oili'y 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 r urisdiction, it shall be considered dele,:ed from t>;s Rental Agreeme L buy :ach 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 tiles an action in relation to this Rental Agreement the Unsuccessful party in the action shall pa, to the successful party, in <idd n 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 liner's are inspected prior to pick up and upon return. DG NOT ROLL UP,OR PLACE WET LINENS IN ANY i3/_`G nhildew will result. if there is obvious damage sr;ch 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. COO€tING UNDER TENTS. Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. Lessee assurnes full responsibility and costs incurred for camaae or £leaning expense to tent tops due to cooking processes under or near tents. Prescribed,by State Boar, �f 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)) �a. Total 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 ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or /26 1-22 6 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 20 C)� Signat re &M �2z/ Title Cost distribution ledger classification if claim paid motor vehicle highway fund