Loading...
HomeMy WebLinkAbout2019-039 20190357 Party Place S SERVICES AGREEMENT PROVIDER: Party Place CITY OF PROVIDER'S CONTACT: Kelh McGuire -AS H LA N D 20 East Main Street ADDRESS: 924 Chevy Way, Medford, OR 97504 Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: 541-776-7729 Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland.. an Oregon municipal corporation (hereinafter "City") and Party Place, a domestic business corporation ("hereinafter "Provider"), for set up, take down, and monthly rental fees for 10'x20' Canopy rental. 1. PROVIDER'S OBLIGATIONS 1.1 Provide delivery, set up, tear down, and maintenance issues related to the canopy structure as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than 52,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and. • Automobile Liability. 12.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage arid, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page I of 5: Agreement between the City of Ashland and Party Place 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.1 10. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $2,233.65 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $2.233.65 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. Page 2 of 5: Agreement between the City of Ashland and Party Place 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. j 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written service quotation dated 10-17-2018. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. Page 3 of 5: Agreement between the City of Ashland and Party Place 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on belxalf the City as se forth Blow (the "Effective Date"), and shall continue in full force and effect Otil January 4, 2019, unless oner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Ashland Parks and Recreation Commission Attn: Lonny Flora 1195 E. Main Street Ashland, Oregon 97520 Phone: (541) 552-2250 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Party Place Attn: Kelli Mcguire 924 Chevy Way Medford, OR 97504 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9. 1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; Page 4 of 5: Agreement between the City of Ashland and Party Place I (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Kelli Mcguire Marty Pl ce By: By: "Zi Signature Si a e Printed Name Printed Name Title Tit e Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 5 of 5: Agreement between the City of Ashland and Party Place ® DATE (MM/DD/YYYY) 01/22/2ols ;4 ° CERTIFICATE OF LIABILITY INSURANCE 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 CA LIC OB29370 1-925-798-3334 CONTACT Kayla Fritzberg NAME: Edgewood Partners Insurance Center (EPIC) PHONE 925-609-5531 [Concord Programs Group - Branch 155581 (A/C No Ext): _ AIC No): - P.O. Box 5668 E-MAIL ADDRESS: kaYla.fritzberg@ePicbrokers.com l Concord, CA 94524 __I_NSURER S AFFORDING COVERAGE NAIC# Chris Parker INSURER A: ARCH INS CO 11150 INSURED INSURER B : - - - _ Lively Up LLC dba: Party Place David S Beverly Lively INSURER C: T 924 Chevy Way INSURER D: Medford, OR 97501 INSURER E: - - - - _ INSURER F COVERAGES CERTIFICATE NUMBER: 51932564 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 SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMlDDIYYYY MM/DDIYYYY LIMITS A GENERAL LIABILITY PRPKGO014601 01/22/1 01/22/191 p OCCURRENCE $ 1,000,000 1 IrX DAMAGE TO RENTED 7i COMMERCIAL GENERAL LIABILITY 300,000 I PREMISES (Ea occurrence _ $ _yl ] CLAIMS-MADE F-Ir7 JOCCUR MED EXP (Any one person) $10,000 EODUCTS RSONAL 8 ADV INJURY $1,000,000 NERAL AGGREGATE$2,000,000 _GEN'L AGGREGATE LIMIT APPLIES PER: i - COMP/OP AGO $2,000,000 X I PRO- -----1 -1 POLICY LOC JEC A AUTOMOBILE LIABILITY PRPKGO014601 01/22/18, 01/22/19 COMBINED SINGLE LIMIT ~jEa accid( 5~1 , 000'000 X ~i ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) $ ~ NON-OWNED PROPERTY DAMAGE ~<< X HIRED AUTOS FX " AUTOS (Per accidentj__ rXCOMP $2000 X COLL $2000 HAPD $ Unlimited A UMBRELLA LIAB X OCCUR PRFXS0009301 01/22/1 01/22/19 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED ` RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- [ FR- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory yes yes describe NH) E.L. DISEASE -_EA EMPLOYE $ if , describe under 1-ff7T27i EMPLOY DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIIT $ A Equipment F oater PRPKG 014601 0.1/22,119 Special Form 325,000 Repl Cost 5,000Ded DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Coverage Only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland, OR 97520 J `"l 1 G USA © 1988-2010 ACORD CORPORATION. All rights reserved.. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD .SamStuart ,51932564 III I I I IIII VIII II II II I III Page 2 of 2 Status: Open 924 Chevy Way Contract 57806 PARTY Medford, OR 97504 www.partyplaceandevents.com Event Beg: Fri 11/16/2018 10:OOAM p P I LC~ 541-776-7729 Phone Event End: Tue 2/19/2019 5:OOPM `J-\\ 541-772-1688 Fax Operator: Kelli Customer 3552 Ashland Parks & Recreation 541-488-5340 Phone 340 South Pioneer Ashland, OR 97520 Qty Key Items Part# Status Event End Date Price 20 GUTTER RAIN GUTTER, PER FOOT Out Tue 2/19/2019 5:OOPM $350.00 1 TENF1020W CANOPY 10'x 20' White SET UP Out Tue 2/19/2019 5:OOPM $1,960.00 1 Courtseydis CourtseyDiscount Gutters accounting item Sold ($0.35) 1 12DELTRUCK-2 DELIVERY-2 Sold $50.00 10 14MILEAGE2 MILEAGE>10 MILE RADIUS PER MILE Sold $70.00 1 SITEINSPEC SITE INSPECTION FOR SET UP Sold $0.00 1 LOCATE LOCATE SERVICE CALL 811 Sold $0.00 1 CANOPYADDEN CANOPY ADDENDUM Sold $0.00 customer has signed and been given a copy of the canopy addendum 1 PERMITFEETBD PERMIT FEE TBD Sold $0.00 1 Courtseydis CourtseyDiscount 10x20 Canopy accounting item Sold ($196.00) Delivery and Pickup Delivery: Fri 11/16/2018 10:OOAM Contact: Pickup Date: Tue 2/19/2019 5:OOPM 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 14th Thank you for your Business Rental Contract This is a contract. The back of this contract contains important terms and conditions including lessor's disclaimer from all liability Rental: $2,310.00 for injury or damage and details of customers obligations. These terms and conditions are a part of this contract - READ THEM! I Items not hot water rinsed and free of residue will be charged a cleaning fee at a rate of $30 per hour. X Sales: ($196.35) 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: $2,233.65 Sales Tax: $0.00 Total: $2,233.65 Paid: $0.00 Signature: Ashland Parks & Recreation Amount Due: $2,233.65 M T W TH FR 10 to 5 Closed SAT SUN Modification # 4 Printed On Thu 1/ 3/2019 1:04PM Software by Point-of-Rental Systems www.point-of-rental.com Contract-Params.rpt (9) Contract#: 57806 Ashland Parks & Recreation The Party Place Page 7 of 2 LIVELY UP, LLC doing business as PARTY PLACE Rental Contract - Terms and Conditions The undersigned Customer ("Customel') hereby caters into a rental agreement with Lively Up. LLC doing business as Party Place (hereinafter "Party Piece") an the following loans and conditions: 1. Pricing: List prices are far the day of your event which includes a day to pick up and a day to return All concession equipment or mechanical equipment is billed in 2 bru increments. Party Placencerves therightto delivereadimorpickuplaterwithno additional chaoeto the Customer. 2. Reservations: Patty Place will require a valid bank issued credit card for deposit to hold your reservation Your card will not be charged will you. rent the item. If we become fully hooked for a specific item which you have reserved, we will call you to confirm your resmatian Upon confirmation, Customer shall pay a non-refundable 100% payment for the total rental ofthztitem The only exception is for tent and country resmationr which require a 25% non-refundable deposit 3. Changea/Cametatimns: All changes to orders or cancellations must be made 96 hours prior to delivery or will call date. Any changes made after 96 hours are subject to a 50% restocking fee. All cancellations must have a coufnmation code assigned at the time of Cie caucellatioa 4. The feat.] equipment will be tendered to Customer in good working condition and shall be returned by Customer in the same condition. It is the Customer's responsibility to report any equpmemt dimmpanues immediately. 5. Customer assumes all responsibility for injuries to persons u damage to property, and agrees to indemnify, hold harmless, and defend Party Place for any and ell claims of arty nature, arising out of the rental of the equipment while in their Possession 6. Customer agrees to Parry Place's right to enter the premises of the Customer at any time to repossess said equipment. Customer hereby waives any right of action against Party Place by reason of such taking or entry and agrees to reimburse Party Place cost related to repossession. 7. Customer agrees act to loan, sublet or otherwise dispose of equipment cruse it in any location other than listed on this Wo an- 8. Return of equipment Customer agrees on return the equipment to Parry Place timing regular business hours as stated on this cement[ in as good condition on when received. Customer stud] not leave hems unsecured at oupremises anytime. 9. Payment: Customer agrees to pay Party Place, upon demand: s. All rates, charges, fuel, delivery, pickup and resonation cancellation fees and all other amounts incurred as a result of this transaction. Payment is required two weeks prior to your event for orders over $50040. 'For all other orders, payment is required at the time of rental or before delivery. The credit card used far the reservations will be charged unless alternative payment is arranged Retained checks will result in a$50.00 charge and are subject to collections b. All linen orders require full payment at the time order is placed. Payment for linen orders is non-refundable if the order is canceled We will confirm your resonation prior to placing the order. c. Replacement cost for any loss or disappe.mmcer of equipment due to theft, conversion or other dishonest acts on part of any persoeu or persons of whom the issued property is cremated or any person ar persons in the service or employment of the lessee, whether or not occurring during the hours of such smite of employment Parry Place reserves the right to consider the property lost, stolen n converted if not returned within ten (10) days of the date and time printed on the contract d Credit Card. Customer authmiess Party Place to bill Customer's credit card at any time of the reservation ar upon receipt of the rented items or upon the return of the items a full replacement of items. e. Payment Gwuwtes. If Patty Place has agreed to charge a third party and the Customer (person signing the contact) has irutrncted Party Place to bill a third parry, the Customer agrees to accept all charges in the even the third parry fails to accept charges Customer understands that they shall be responsible for all charges to the contrnct f Final Audit Customer understands that all charges are subject to final audit Customer authorities any credits or additional charges to be made and paid by the method used at the time of the reservations, rental ar retuua g. Unpaid accountbatanes after 30 days are subject to a an inimvm$25.00 per month late fee or 18% annum fee whichever is Simon.. 10. Customer agrees to pay in full replacement cost, including labor and freight for all damages to rental equipment/dews due to my cause whatsoever. Replacement shall be at full retail value based upon a single item. IL Party Place offers no warranty, express or implied, an any of the equipment rented, including but not limited to the implied warranties of tIERCHANTARILITY AND FITNESS FOR A PARTICULAR PURPOSE, and Party Place hereby disclaims all express or implied warranties, including withom limitation, the implied warantim of NIRCHANTABH.ITY AND FITNESS FOR A PARTICULAR PURPOSE. 12 Limitation of Liability. Party Place shall in no event be liable far special or consequential damages, including without limitation lost profits on any claim of any kind arising on of or in counectiom with the rental of equipment under this Agreement 11 No Waiver The failure of either party to enforce at any time or for any period of time any provision of this Agreement shall net be command as a waiver of such provision or of the right of suclh party thereafter to enforce such provision 14. NomSeversbiliry. In the event that any one or more of the provisions of this Consignment Agreement aluall for any reason be held to be invalid, illegal, or uneatbremble, the remaining provisions of this Consignment Agreement shall be unimpaired and the invalid, illegal, u unenforceable provision shall be replaced by a mutually acceptable provision, which, being valid, legal, and enforceable, comes closest to the intention underlying the invalid, illegal, or uneufurceab]e provision 15. Cleaning and Return. All items must be resumed in claim condition. The Parry Place management shall have the foul say w to any it®'s cleanliness. An hourly cleaning fee of $30.00 perhour shall be chargedom my item that requires cleaning. All dishware shall be hot water rinsed with no food particles measuring, u stains in glasses. 16. Delivery. Party Place offers delivery and pick up smites. Standard delivery consists of delivering the rented items to a nearby (25 Jul) ground level site, outside the rear of cur once. R ws need to move items or ad up averse, we will bill at an hearty rate per person. We will work to meet you delivery needs; however, scheduling will be done the week of you event and times are subject to change. Upon pick up, all items must be stacked/bagged in the same manner and location as delivered. Please note that we do guamntee that all items will be delivered in you event well in advance. 17. General Information. It is the client's responsibility to verify all orders, either a will call or upon delivery. The client assumes responsibility of must equipment once it has been signed for. The client is responsible for the equipment from receipt until raters. It is the client's responsibility to secure equipment when not in use and tu protect it from weather atoll times. 18. If Customer is renting a canopy, the Canopy Addendum is hereby incorporated herein and made apart of this Agreement 19.. Governing LawNem e. This Agreement shall in all respects be governed by the laws of the State of Oregon. Any action or proceeding seeking to enforce any provision of, m based on any right arising act of, this Agreement shall be brought against any of the parties in Jackson County Circuit Court of the State of Oregon, or, subject to applicable jmia&ctioval requirements, in the United Stares District Court for the District of Oregon, and mcb of die parties cosmos to the jurisdiction of such count (and of the appropriate appellate cowls) in any such action or proceeding and waives any objection to such were. 20. Attorney Fees. If any arbitration, suit ar action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to ate subject matter of this Agreement, the party prevailing on an issue shall be enticed to recover with respect to such issue, in addition to casts, reasonable attorney fees maenad in preparation or in prosmutien ar defense of such arbitration, suit or action as determined by the arbitrator or trial court, and if any appeal is taken from such decision, reasonable attorney fees as determined en appeal. 21. Customer requests far adjustments or refunds must be made witWv 30 days of close of contract I agree in all of the above terms and conditions. Customer Dated ti Purchase Order Fiscal Year 2019 Page: 1 of: 1 REGII TCF([8 PQ;Nih9BEF_MUST:APPEAR QNALL B Ashland Parks Commission INVOIGGo AND SNIPPING DOr-UMENTS. ATTN: Accounts Payable Purchase L 20 E. Main 20190357 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Recreation Division (Grove E PARTY PLACE, THE 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 _ e Number ~ - - Lonny Flora 01/29/2019 1990 FOB ASHLAND OR/NET30 Parks Accounts Pa able Canopy Rental 1 Canopy 20' x 30' set up/take down, including rain gutter for 1 $2,233.6500 $2,233.65 2018-2019 ice rink season Services Agreement Completion date: 01/04/2019 (Expired) End date on quote #57806: 02/19/2019 Project Account: E-000007-999 $2,233.65 GL SUMMARY 125302 - 610210 $2,233.65 By:Date: ~ i2h ~ ~ - - Authorized nature v PO Total - $2,233.65 FORM #3 CITY OF ASHLAND REQUISITION Date of request: 01/03/2019 Vendor Name Part Place Address, City, State, Zip 924 Chevy Way r Contact Name Medford, OR 97504 t Telephone Number 541-776-7729 L G Email address rentals(atpartyplaceandevents.com /9 1 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emer enc ❑ Reason for exemption: Date approved by Council: El Form, , ritte d' g and Authoriz ❑ AMC 2.50 -(Attach copy of council communication) ❑ Written quote or rop sal aft ~i ❑ Written quote or proposal attached If council a ro I required, a c8 of C 0 Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon f 0 Direct Award -(Attach copy of council communication Contract El e bal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington _LZ Intermediate Procurement Date approved by Council: Contract;. GOODS & SERVICES (Attach copy of council communication) ❑ Other govern agen tra Greater than $5,000 and less than $100,000 E] Agency Sole Source El (3) Written quotes and solicitation attached El Applicable Form (#5,6, 7 or 8) Contract # PERSONAL SERVICES El Written quote or proposal attached Form Intergovernmental Agreement Greater than $5,000 and less than $75,000 ❑ Form #4, Personal Services >$5K & <$75K Agency ❑ Direct appointment not to exceed $35,000 El Annual cost to City does not exceed 0 ❑(3) Written proposals/written solicitation ❑ Special Procurement Agreement approved by Legal and appr d si ed by ❑ Form #4, Personal Services >$5K & <$75K ❑ Form #9, Request for Approval City Administrator. AMC 2.50.070(4) ❑ Written quote or proposal attached E] Date approved by Council: Annual cost to City exceeds $25,000, Council Valid until: (Date) approval required. (Attach copy of council communication) Description of SERVICES Total Cost 20'x30' canopy set up/take down including rain gutter for 2018-19 ice rink season ; $2,233.65 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost µ IV - F-I Per attached quotelproposal , TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. 22 3 3.65 Project Number 000007 - - - 999- Account Number 125302 - - - 610210 - / $ 3022.50 - Project Number _ _ _ _ _ _ Account Number - _ _ - _ _ _ _ _ _ _ $ _ , _ Project Number _ _ _ _ _ Account Number IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form, / certify that the City's public contracting requirements have been satisfied. 1 T Director Date SupportfYes / No Employee: epartment Head: Department Manager/Supervisor: da City Administrator: (Equal to orgreaterthan$5,oo0) (Equal to or greater than $25,000) Funds appropriated for current fiscal year: ES NO anC BC (E u o orgreaterthan $5,000) Date Comments: Form 43 - Requisition ASHLAND PARKS & RECREATION COMMISSION 340 S PIONEER STREET • ASHLAND, OREGON 97520 COMMISSIONERS: w S yC Michael A. Black, AICP Mike Gardiner 9y Director Joel Heller O 541.488.5340 Rick Landt AshlandParksandRec.org Jim Lewis s n c parksinfo@ashland.or.us Matt Miller MEMORANDUM TO Mark Welch, Administrative Services Director Rachel Dials, Recreation Superintendent i~ o FROM Lonny Flora, Recreation Manager DATE 1-3-18 SUBJECT Party Place Canopy Purchase Order A requisition form is being submitted for a purchase order to be issued for payment to the Party Place for providing a 20' x 10' canopy including delivery, set up, take down, and rain gutter system. Due to circumstances that required us to act quickly to provide services for patrons at our seasonal ice rink, the canopy was installed on November 131h on short notice. This was a result of discovering that materials ordered through another canopy supplier would not work for the application needed at the ice rink. The canopy from party place was requested to provide normal services expected by ice rink patrons while other options were investigated. After looking at other ways to utilize the purchased canopy materials at the ice rink, it has been determined that the canopy provided by Party Place will be the most cost-effective method to provide necessary services for ice rink patrons for the remainder of the 2018-19 season. Party Place has completed a standard city contract with required documents to continue providing this service to the end of the ice rink season. This is why the purchase order was not requested earlier.