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171033 04/16/2009 CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 of 1 0 ONE CIVIC SQUARE PARTY TIME RENTAL INC CHECK AMOUNT: $62.81 1, CARMEL, INDIANA 46032 1212 S RANGELINE RD CARMEL IN 46032 CHECK NUMBER: 171033 CHECK DATE: 4/16/2009 DEPARTMENT ACCOUNT PO NUM INVOICE NUMBER A MOUNT DESCRIP 1046 4239037 163699 62,.81 CLUB ACTIVITY SUPPLIE 1212 South Rangeline Rd. RENTALAGREEMENT 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 P� 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 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 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, ]RE-M.1 connected with, or resulting from the use of the equipment, including, but not limited to, the manufacture, selection, delivery, possession, use operation, WWW.ptrinc.Corn ,or return of the equipment, X flllt TO/RENT OECItlED TO INVOICE NO 23 CARMEL CLAY PARKS RECREATION! Res# 121871 1411 EAST,116TH STREET Con# 163699 CARMEL IN 46032 AR -795 W (317)'848 -7275 04/01/09 10:54 AM RR 36 RU ORDERED O y AW ORCHARD PARK ELENATALIE 679 -9867 RETURNED .04/03/09 10:54 AM RR *FINAL Charge for 1.00 Day(s) Page: 1 1 6457 -4000 :CONCESSION HOT DOG MACHINE 47.00 141.00 423.00 47.00 47.00 REMOVE ALL DEBRIS PRIOR TO RETURN. DO`NOF DISASSEMBLE MACHINE CALL 317.252.3832 *DO NOT`USE ON AN EXTENSION CORD 1 611Z112 HOT DOG.HOLDERS /250 12.99. .12. 12.99 Payments APR 0 7 2009 BY:....... PUrChM D68CdPd0n_khX &N2, PwF gg APR 0 6­2009 u a BY:..... cn o Call 252.383 before afterL QUOTE FINAL BILLING W hours..for equipment problems.` N C Customer responsible for ALL DAMAGED MISSING equipment Rent 47.00 EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544. Sales 1 c. 99 Other 0.00 I HEREBY AUTHORIZE THE LESSOR TO MAKE APPROPRIATE CHARGES TO MY CREDIT CARD. YES INITIALS D.m g Waiver 2, FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE SME Ta 0. 00 EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE Sales ta x 0i BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EOUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. 1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE Deposit 0. 0111 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 equipment/articles on the terms and conditions set forth TOTAL DUE 62. 81 in this Rental Agreement, and is an authorized agent for the Lessee. EQUIPMENT LEASED BY X EQUIPMENT RETURNED BY X AMT BI LLED 62.81 iAA /(A:l17rQ rAEl .iC..v Terms and Condition i 1. INSPECTION. Lessee acknowledges that hg has had an opportt E i y to persona IT 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 eq, ipment prior to its use arid to notify Lessor of any defects,; 2.TIME OF ,RETURN. Lessee of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a m�itEriai.brEach at Lessee`s obligations under this contract. Time-is o`the essence in thisagreein ent. Any extension, must, at Lessor's election be mutually agreed upon in writing. 3. RETURN O F.EQUIPMENT. At tha termination of this agreement, Lessee'shali :return altthe Equipment tg Lessor's premises during Lessor's; regular busines_ ours 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. PARTCE An i soil in this Rental Agreement, the terms `Lessor' and "woe shall mean PTR, 'no. d. b ?a Party Time Rental. The terms "Lessee' and `you" shall mean the part` exe t ring this Rental Aoreement as Fuch on the face hereof. 5. HOLD HA MLESS AGREEMENT, Lessee shall defend, indemnify and hold harmless Lessor its employees, agents and subsidiaries, from and against all claims, liabilities, dices, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the a 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 b'�the indemnification provision in this paragraph.! 6. TIME. All equipment rental charges are for time out, NOT TIME USED. Most prices quiotec are for a one day (24 hours, charges. If equipment is needed for a longer time period, we also have weekly 7 nays; and monthly 1,28 days) rates" For most equipment the weekly rare is three brines the daily rate and the monthly rate is three times the weekly rate. 7 LIABILITY. A equipment is for rental purposes only and it.fs understood that the Lessor shall not be held responsible for any accident or damage resulting directly or indi;eetiy from the use of the leased equipment. The Lessor expressly disclaims all warranties, either expressed or impliec including any implied warranties of merchantability or fitness for a particular purpose, ano neither assumes nor authorizes any other person to assume for it any liability in connection with the use of this equiipment. The Lessee agrees to indemnify and hold the' Lessor .harmless from and against any claims, actions, proceedings, costs, damage; t property consequential damages, loss of income or any other incidental damages ever those: damages caused by the negligence of the Lessor, including attorneys fees, arising cm of, connected �M'h.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. Tire Lessee agrees to pay all reasonable collection attorney's and court fees and other expenses involved in.the collection of cinarges 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 noiA Lessor. Lessor will repair or replace the equipment wJ'h similar equipment in good working ord r f available, and if the defect is the result of normal use, Lessor is riot responsible to; any !neidEr.ai or consequential damages caused by delays or otherwise, and LESSea )hereby waives any right or entitlErt Ent thereto. 10. DAMAGE WAIVER. A six percent (6 refundable damage waiver is applied to the cost of 0 rental equipment. This cost is onitr r;ninor repairable darnage, and is not io be construed'a s insurance. The carriage waiver does not cover damage caused tty misr.ise. abuse nor does it cover theft. Minor damage is defined as damage that can be repaired for an amount less-than six Percent 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 tine agreed pick -up time and date, 12.TFf EFT OF EQUIPMENT. The Lessee agrees to pay for equipment jat its replacement cost ,when vented] 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 vvind, snow, rain, flooding, extreme cold or (teat, 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 pcssessionn of Lessor. Lessee aso agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost cif repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost wrhen 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 that damage to the equipment is not covered by the -foregoing-Dammage Waiver provision, the Lessee assumes all risk of foss -or of damage•lo- he 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 shat have the option of repairing or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS. Wo require a valid Visa, Ma American Exr° s��„ 'scovEr card number to make a reservation unless the party rending the equipment has a pre a r ^ced account at Party Time Rental. The credit card number °will'secura t� n pUtian until the date of the Event. G a credit card is not presented at pick-up, then a cash sec urity ceposet n w ;i to t!ne replacement fee. 17, CANCELLATION. A pp.ty rmak,1T00 „h r�n 16 tl n fee if the entire reservation is cancelled ~within thirty `30) days of the event. This policy applies to all pnries, inn =,biding those F Have oiSr arranged accounts at Party Time Rernral. ancella ;ion of inflatable and special seasonal eq ipnneFi .vvillbe st bier; r a 10(3% fee. 18. DELIVER AND PICK -UP Do,'; v u.: �t�4arges will result in deliveries to upstairs, ele k)r orany point r, extt ;time is involved. Our serv Ices not inc E d se: up and knock down of tables and chain i :�er� is required. arrangements should be made Several days prior to delivr Y o ip-,a special charge Qu oted, 11 no arrangements are mb c �,:u v,v a y y ii &VM ,vast call for authorization. If time permits, yVE r11? try to, accommodate yor afterf;iuct.ng the price. Can pt UFrwhere no prior r "anoomenis hair.* 'n 4YkadE and Eal',4imE i' IS p s i" at3VJn and osier tDied in One Sl u'ItereC area tables and Chairs will be l Jtl l; tilt „2Xi when a special crew can be scheduled. hereg0I .n adoVaor;ai on d rentaF knocr down fee will result if equipment is still up. 19. PREPARATION OF SITE,.Les -6 f u;: r �y�u' h� nt is to be erected. free and clear of all obstacles. natural and man m�ge to the arrival Of the Lessor's work crew.. Lessee further agrees to have all tents cleared far�removal prior to our arrival. Aif.non- leased equipment ano decorations 's ;all be cleared a'hd 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 prier to the arrival of Lessor's iuork crews: Lessee assumes fu'i 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, SETUPITEAR DOWN. Set up and,'or tear down of equipment is also available. Part, Time Rental will be happy to quote a charge to the customer based on the rental item to be set- upttorr; down. Any equipment not previously scheduled to be set -pup or torn down will he assessed normal set- up,`tear down charges plus a minimum 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 Lessea'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 air item rot work properly, please contact the Lessor as soon as you have discovered the problem, tNef 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 Lessen 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 resoonsipiiity shall be to refund to the Lessee the rental fee for the particular equipment. 25. SEVERA ILITY. If any provision of this Rental Agreement is held invalid by a of competent jurisdiction, it shall be considered deleted frorn this Rental Agreement, but such invalidity shall not affect the other provisions that can be given effect in the absence of the invalid prov"isions 26. ATTORNEY'S FEES. In the event that either party files an action in relation to this Rental AgrEErmenf ;the Unsuccessful par y iri lire action shall pay to the successful party, in addition to all other sums that either party may be called upon to pay, a r e asonable sum for the successful party's, attorneys' fees, 27 LINENS. Table linens are inspected prior to pick up and upon return. DO NOT POLL UP OR PLACE VVET- LINENS IN ANY BAG rrnildew will result. if thereis 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 save. Return all linens dry and free of 4 ^lasts: 28, COOKING UNDER TENTS. Lessee agrees not to do any type of cooking under or ,within a reasonable dista ice'of the fen.,' L'e`ssee'asstimeS fuull resporsibil t{ and cos s ncLrred for damage and or cleaning expense to tent tops due to cooking processes under or gear 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 4/3/09 163699 Hot dog machine 62.81 Total 62.81 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 A Carmel, IN 46032 In Sum of 62.81 ON ACCOUNT OF APPROPRIATION FOR 104 Program fund PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1046 163699 4239037 62.81 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 9 -Apr 2009 Signature 62.81 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund I