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HomeMy WebLinkAboutNY Party WorksRESOLUTION 2009-660 ADOPTED DOC ID: 5188 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-660 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 28, 2009: RESOLVED that the ]'own Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and NY Party Works in connection with the equipment rental for the Town of Southold Youth Bureau's Family Movie Night, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Terms of A!L, reement: 1. The signed contract and 50% deposit are due no later than 10 days after the date of the contract. Deposits are not refundable, but become a credit to be used for a future event within 3 months. If not used within 3 months, credit will be lost. We must be notified ora rain date by llam on the day before the event. All balances must be paid within 30 da,ys of the event date c ..... aOdz~'. 2. All payments are by cash, check or money order.(no credit cards) 3. Client will provide all necessary information with regard to event location, directions, and all access information. Client is responsible for all permits. 4. NYPW reserves the right to substitute any piece of equipment with one of equal or greater value. 5. Client is responsible for all needed electric within 100 feet of set up site unless otherwise agreed to by both parties in writing. 6. NYPW is not responsible for late or impossible setups due to improper access information provided by client. W~e must be able to remove our equipment when the contracted event time is over or there will be additional charges. 7. NYPW reserves the right not to operate equipment during inclement weather(ie: wind (over 20mph), rain, freezing temperatures)for safety reasons. We will still expect full payment if there are weather changes during the event. 8. We have the right to have release forms signed. 9. Our work crews are entitled to a ten minute break each hour. 10. If you go to a rain date, there is a 15% rescheduling fee due at the event. 11. In the event ora rain date, NY Party Works reserves the right to substitute any piece of equipment for one of equal or greater value if the original piece or pieces are unavailable on the new rain date. There may also be a truck rental charge if on the rain date all vehicles are booked. 12. Client agrees to notify and reimburse NY Party Works for all expenses, losses, liabilities, fines, penalties, and claims of every type including attorney's fees and replacement value of items if any property under this lease is damaged, lost, stolen, or destroyed .Client also agrees to hold harmless NY Party Works and all agents from ail claims or loss NY Party Works may sustain as a result of damage to any leased property by any cause. 13. Client agrees to indemnify and hold NY Party Works it's agents, officers and employees harmless against any and all liability, loss, damages, penalties, costs and expenses for personal injury or damage to real or tangible personal property which NYPW may sustain, incur or be required to pay, resulting from, arising out of, or in connection with the services performed or delivered under this contract. No agreements, representations, or warranties other than those set forth in this document shall be binding on any of the parties unless set forth in writing and signed by both parties. If one or more of the provisions of this document is held invalid, unenforceable or illegal in any respect, the remainder of this lease shall remain valid and in full force and effect. 14. All volunteers must be at least 17 years old. 15. The parties herein agree that Billmar Amusements NY Patty Works will grant Additionally Insured status to the person or organization signing this contract. This is a 2 page contract. I have read and agree to both pages. By: Accepted by: Mark Roland NY Party Works Authorized Signature Cmnpany/Organization: Town of Southold Print Name: Philip Beltz Address: PO Box 1179 Southold, NY 11971 Phone: 631-765-5806