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HomeMy WebLinkAbout2017-006 Contract - Party Place Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Party Place ASHLAND CONTACT: Kelli McGuire 20 East Main Street ADDRESS: 924 Chevy Way, Medford, OR 97504 Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-776-7729 FAX: 541-772-1688 BEGINNING DATE: November 15, 2016 COMPLETION DATE: February 27, 2017 COMPENSATION: $3,022.50 GOODS AND SERVICES TO BE PROVIDED: 20'x20' Canopy rental including set up, removal, and rain gutter installation In the event of conflicts or discrepancies among Contract Documents, this standard form of the City of Ashland Contract will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with this standard form City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so regist~;red, licensed and bonded. Contractor must also ma;ntain a current City business license. 3. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City. 4. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those losses, expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 6. Termination: City's Convenience. This contract may be terminated at any time by the City. 7. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 8. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. 9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work. 11. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 12. Default. The Contractor shall be in default of this agreement if Contractor commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract. 13. Insurance. Contractor shall at its own expense provide the following insurance: a. a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: b. General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily injury and Property Damage, incluaing coverage for owned, hired or non-owned vehicles, as applicable. 14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 15. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. Certification. Contractor shall sign the c ification attached hereto as Exhibit A and herein incorporated by reference. Contr/ct' City of Ashland: By By i natter ep rtment ead Tvv ~-),l e, I aZf 4 LA, Pvt Ct ( -P L,~ / Print Name Prim j, Tie ate Q W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Revised 10-23-14 Page 1 of 2 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating tc vt~e labor or services,to be provided. ,C,6ntractor (Date) Revised 10-28-14 Page 2 of 2 --"MOON LIVEL-1 OP ID: KF1 D/Y) ac°M° CERTIFICATE OF LIABILITY INSURANCE 01/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s . PRODUCER Phone: 925-798-3334 NAMNE: EPIC/James C Jenkins Ins Srvc PHONE FAX License No. 0646478 Fax: 925-609-5381 ac No Ext : (A/C No : P.O. BOX 6668 E-MAJL S: ADDRES Concord, CA 94624 Chris Parker INSURERS AFFORDING COVERAGE NAIC # INSURER A : Nova Casualty Company 142552 INSURED Lively Up LLC INSURER B : dba: Party Place David & Beverly Lively INSURER C : 924 Chevy Way INSURER D : Medford, OR 97601 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I !ADDL SUBRI POLICY EFF POLICY EXP 1 LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY MM/DDIYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY; iRNTCL00103433 01/22/2016 01122/2017 PREMISES Ea occurrence $ 300,000 CLAIMS-MADE X ' OCCUR f MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 ENERALAGGREGATE $ 2,000,000 ( GENERAL GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,00 PRO- !Emp Ben. $ 1,000,00 POLICY LOC COMBINED SINGLE LIMIT 1,000,00 AUTOMOBILE LIABILITY Ea accident $ A X ANY AUTO RNTCL00103433 01122/2016 01/22/2017 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PPROPERTY er acc dentDAMAGE $ AUTOS X HAPD X 7$1000 Ded $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,00 ~'EXCESS LIAB !RNTUM00101993 A CLAIMS-MADE 01122/2016 ! 01122/2017 AGGREGATE $ 1,000,00 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A' (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE i, $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Equipment Floater RNTCL00103433 01/22/2016 01/22/2017 '',Spec Form 325,00 Repl Cost $2500 Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Coverage ONLY. CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE 7 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD I~~III ~IIII II~I~ ~II~I IIII~ IIII II~) Page 2 of 2 Status: Open 924 Chevy Way Contract 54036 Medford, OR 97504-;; o ® 17- T--NRT www.partyplaceandevents.com 541-776-7729 Phone Event Beg: Tue 11/15/2016 10:OOAM o Event End: Tue 2/2812017 5:OOPM 541-772-1688 Fax 0 ~ p Operator: Kelli -ustomer Ashland Parks & Recreation 541-488-5340 Phone 340 South Pioneer Ashland, OR 97520 Delivery and Pickup Delivery : Tue 11/15/2016 Contact: Pickup Date: Tue 2/28/2017 Phone: Used at Address: 95 Winburn Way ; Ashland, OR 97520 Delivery Notes: Ice Rink - Tent goes up next to Trailer phoned/came into store: Lonny Event Day time type of ev: Ice Rink Tent Delivery/Set-up Tuesday Nov 15th Qty Key Items Rented Status Event End Date Price 1 TENF202OW CANOPY 20'x 20' White SET UP Out Wed 11/30/2016 10:OOAN $2,775.00 1 day $185.00 20 GUTTER RAIN GUTTER, PER FOOT Out Wed 11/30/2016 10:OOA $450.00 /day $1.50 2dys $3.00 Qty Key Items Sold Status Each Price I 1 SITEINSPEC SITE INSPECTION FOR SET UP Sold $0.00 $0.00 i 1 LOCATE LOCATE SERVICE CALL 811 Sold $0.00 $0.00 1 CANOPYADDEN CANOPY ADDENDUM Sold $0.00 $0.00 customer has signed and been given a copy of the canopy addendum : 1 PERMITFEETBD PERMIT FEE TBD Sold $0.00 $0.00 1 NONREFDP20X20 25% NON REF DEPOSIT $46.25 Sold $0.00 $0.00 1 Courtseydis CourtseyDiscount 20x20 Canopy Sold ($277:50) ($277.50 1 Courtseydis CourtseyDiscount Gutters Sold ($45.00) ($45.00) 1 12DELTRUCK-2 DELIVERY - 2 Sold $50.00 $50.00 10 14MILEAGE2 MILEAGE>10 MILE RADIUS PER MILE Sold $7.00 $70.00 Thank you for your Business Rental Contract Rental: $3,225,00 This is a contract. The back of this contract contains important terms and conditions including lessor's disclaimer from all liability for injury or damage and details of customer's obligations. These terms and conditions are a part of this contract - READ THEMI Items not hot water rinsed and free of residue will be charged a cleaning fee at a rate of $30 per hour. X Sales: ($322.50) Items not returned by agreed date will be charged an additional rental fee. X Delivery Charge: $120.00 If equipment does not function properly notify lessor within 30 minutes of occurrence or no refund or allowance will be made. I certify that I have read and agree to all terms of this contract. Subtotal: $3,022.50 Sales Tax: $0.00 Total: $3,022.50 Signature: Paid: $0.00 Ashland Parks & Recreation Amount Due: $3,022.5 M T W TH FR 10 to 5 Closed SAT SUN Modification # 2 Printed On Tue 11115/2016 10.12AM Software by Point-of-Rental Systems www.point-of-rental.com Contract-Params.rpt (1) '~sifPurchase Order z RE G Fiscal Year 2017 Page: 1 of: 1 B Ashland Parks Commission W-Q~R~- I ATTN: Accounts Payable L 20 E. Main Purchase 509 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V PARTY PLACE, THE H C/O Recreation Division (Grove E 1 1195 East Main Street N 924 CHEVY WAY P Ashland, OR 97520 D MEDFORD, OR 97504 Phone: 541/488-5340 O T Fax: 541/488-5314 R O 1len LendQr P.hbndtNUmb& M -_v Lonny Flora QatQ Q`tIerdd V~ndQrurjh~r-.matte R~Q aired= _ W - n _ _ _ - - - 01/20/2017 1990 FOB ASHLAND OR Parks Accounts Pa able ! It`em# - uQescti =MRatl_-_~_.~ lo Canopy for Ice Rink 1 Setup, teardown, and monthly rent for canopy at Ice Rink Trailer 1 $3,022.5000 $3,022.50 Contract for Goods and Services Small Procurement Less than $5,000 Beginning date: November 15, 2016 Completion date: February 27, 2017 GL SUMMARY 125302 - 610210 $3,022.50 lei ate: Authorized gnature _ $3,022.50, E #3 `;~/f _.tflF, CITY OF FORM ASHLANIJ REQUISITION Date of request: Required date for delivery: Vendor Name Address, City, State, Zip q_2 L7 e P Contact Name & Telephone Number f° , 7 Fax Number V1 16 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or ro osal attached Attach co of council communication _(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon JF~ Direct Award Date approved by Council; Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost ® `C < - / j® - Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number 00(207- Account Number------ Account Number - / _ Account Number _ _ _ - _ _ - _ _ - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: f""Vvv V V~'/ , t+ J &-ity Administrator: r (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition