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HomeMy WebLinkAbout2022-001 PO 20220250- Party Place,The FriPurchase Order Vp Fiscal Year20221 0 . Page: f' 1 u '{ r F`,r, ir' !i f3� eta 3 ,r���&.}",.�'�[ B Ashland ATl"Nf Accounts Payable 20 E. Main Purchase nOn�OnL50 Ashland, OR 97520 Order# L L T Phone: 541/552-2010 O Email: payable@ashland.or.us ✓ H C/O Recreation Division (Grove E PARTY PLACE, THE I 1195 East Main Street N 924 CHEVY WAY p Ashland, OR 97520 O MEDFORD, OR 97504 Phone: 541/488-5340 R T Fax: 541/488-5314 a=a j •!iI=1 4t. sly. ---F" - 3s ils aT �?� t 4�I iv Lonny Flora _ - --�HE$�.�$Ha a._6"sl@€sl -':_3 ���_a� a�- _�a���l= si r = ��_-a, �=�'= `=��1- '1•t:1: a� R�l ?t_"_�----�_ - 01/24/2022 , 1990 FOB ASHLAND OR/NET30 City Accounts Payable Ittz t � e1 Canopy 10x20 w/gutter • 1 Canopy 10x20 w/gutter, includes delivery and set up, Per 1.0 $2,699.00 $2,699.00 attached Quote#g3387 7 Goods and Services Agreement($35,000_ or less) Completion date: February 22, 2021 Project Account: E-000007-999 *************** GL SUMMARY 125302-610210 $2,699.00 • By: Date: / = ___-_= Authori ed S re pv- a q:. _ = $2,699.00 i:1-t--e-I FORM #3 CITY OF HLAND A request for a Purchase Order 0 , P ' REQUISITION. , Date of request: V110/2'020 rI Required date for delivery: 1:112012020'`: Vendor Name Party Place Address,City,State,Zip 924 Chevy Way,Medford,OR 97504 Contact Name&Telephone Number Kelli McGuire-Blashka,541-776-7729 Email address rentals@partyplaceandevents.com SOURCING METHOD O Exempt from Competitive Bidding ❑ Emergency ❑ .Reason for exemption: ❑ Invitation to Bid ❑ Form#13,Written findings and Authorization O AMC 2.50 Date approved by Council:_ ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement • Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑■ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 State of Washington Date approved by Council:_ Contract# _(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES 0 Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council:_ ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to,$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost ' Delivery,Mileage and Setup of 10'x 20'Canopy 1'65 00 y Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 Canopy 10'x20'White $2,240.00 20 Rain Gutter . $700.00 J Courtesy Discount ($406) ❑■ Per attached quote/proposal TOTAL COST W I $: a Project Number 0 0 0 0 0 7- 9 s s Account Number 1.2 6 3 0 2- 6 1 0 2 1 02��69''9 ` 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,I certify that th�City's public contracting requirements have been satisfied. Employee: /4'1' ' Department Head: _ I • (Equal to or greater than$5,000) Department Manager/Supervisor: L . , 'ty Administrator: 1 . • ' / (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 Kariann Olson From: Lonny Flora Sent: Thursday,January 20,2022 3:29 PM To: Kariann Olson - Cc: Rachel Dials;Kariann Olson Subject: Re:Party Place PO Ok. I will let them know. Lonny Flora,CPRP Recreation Manager,Ashland Parks and Recreation 1195 E. Main St.,Ashland,Oregon 97520 Main: 541-552-2250/Cell: 541-324-1473/TTY-800-735-2900/FAX-541-482-2879 This email transmission'is official business of the City of Ashland and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error please contact me at(541) 552-2250. From: Kariann Olson<kari.olson@ashland.or.us> Sent:Thursday,January 20, 2022 3:13:43 PM To: Lonny Flora<lonny.flora@ashland.or.us> Cc: Rachel Dials<rachel.dials@ashland.or.us>; Kariann Olson<kari.olson@ashland.or.us> Subject: RE: Party Place PO Hello Lonny, Will do on the PO. . .but will need the following in regards to the insurance. . . Here is some verbiage you can use to request the insurance. Name s/b City of Ashland now. Also,only CITY logo POs are issued now, no longer separate Parks logo POs. The City requires a Certificate of Insurance for General Liability,Automobile,and Workers'Compensation, including the City of Ashland(20 E.Main,Ashland, OR 97520)named as the additional insured on the insurance certificate. The additional insured boxes for General Liability and Automobile will need to be checked on the insurance certificate and actual copies of the additional insured endorsements for General Liability and Automobile will need to be provided with the Certificate of Insurance. Per the above. . .please request a certificate of insurance and copies of additional insured endorsements. If you ever need to waive insurance,Joe/City Manager approves any changes to insurance and initials the changes on the contract. Thank you. Kariann Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us 1 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. From: Lonny Flora<lonny.flora@ashland.or.us> Sent:Thursday,January 20, 2022 3:00 PM To: Kariann Olson <kari.olson@ashland.or.us> Cc: Rachel Dials<rachel.dials@ashland.or.us> Subject: Party Place PO Hi Kari, I finally was able to get the updated COI for Party Place to get this information in. I apologize for the tardiness on it. Please let me know any other info you need. Lonny Flora, CPRP Recreation Manager,Ashland Parks and Recreation 1195 E. Main St., Ashland , Oregon 97520 Desk: 541-552-2250 Cell: 541-324-1473,TTY-800-735-2900 FAX-541-488-5314 This email transmission is official business of the City of Ashland and itis subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error please contact me at (541) 552-2250. 2 Kariann Olson From: Kariann Olson Sent: Thursday,January 20,2022 3:14 PM •, To: Lonny Flora Cc: Rachel Dials;Kariann Olson Subject: RE:Party Place PO Hello Lonny, Will do on the PO. . .but will need the following in regards to the insurance. . . Here is some verbiage you can use to request the insurance. Name s/b City of Ashland now. Also, only CITY logo POs are issued now, no longer separate Parks logo POs. The City requires a Certificate of Insurance for General Liability,Automobile, and Workers'Compensation, including the City of Ashland(20 E. Main,Ashland, OR 97520)named as the additional insured on the insurance certificate. The additional insured boxes for General Liability and Automobile will need to be checked ion the insurance certificate and actual copies of the additional insured endorsements for General Liability and Automobile will need to be provided 'with the Certificate of Insurance. Per the above. . .please request a certificate of insurance and copies of additional insured endorsements. If you ever need to waive insurance,Joe/City Manager approves any changes to insurance and initials the changes on the contract. Thank you. Kariann Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. From: Lonny Flora<lonny.flora@ashland.or.us> Sent:Thursday,January 20, 2022 3:00 PM To: Kariann Olson<kari.olson@ashland.or.us> Cc: Rachel Dials<rachel.dials@ashland.or.us> Subject: Party Place PO • Hi Kari, I finally was able to get the updated COI for Party Place to get this information in. I apologize for the tardiness on it. Please let me know any other info you need. 1 Lonny Flora, CPRP Recreation Manager,Ashland Parks and Recreation 1195 E. Main St.,Ashland , Oregon 97520 Desk: 541-552-2250 Cell: 541-324-1473,TTY-800-735-2900 FAX-541-488-5314 This email transmission is official business of the City of Ashland and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error please contact me at (541) 552-2250. 2 } GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: Party Place 1 CITY O F PROVIDER'S CONTACT: Kelli McGuire-Blaschka ASHLAND 20 East Main Street ADDRESS: 924 Chevy Wy.Medford, OR 97504 Ashland,Oregon 97520 Telephone: 541/488-5587 PHONE: 541-776-7729 Fax: 541/488-6006 a This Goods•and 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 outdoor canopy rental. 1. PROVIDER'S OBLIGATIONS 1.1 Provide outdoor canopy delivery,set up,tear,down,and maintenance 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 $2,000,000 (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; and • Workers' Compensation. 1.2.2 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 and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage Page 1 of 5: Goods and Services Agreement between the City of Ashland and Party Place o 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. 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.110. 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 $22,310.46 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. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$2,699 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 Agreementexceed the sum of$2,699 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. Page 2 of 5: Goods and Services Agreement between the City of Ashland and Party Place 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. • \ 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 279B.220,279B.230 and 279B.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. 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. 3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require • Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Page 3 of 5: Goods and Services Agreement between the City of Ashland and Party Place Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture.Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 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 October 5,2021. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 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. 6. TERM AND TERMINATION • 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date"),and shall continue in full force and effect until February 22,2021,unless sooner 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 anyreason 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 Page 4 of 5: Goods and Services Agreementbetween the City of Ashland and Party Place 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-Blaschka 924 Chevy Way Medford, OR 97504 8. WAIVER OF BREACH One or more waivers or failures to object by either, arty 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; (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, Page 5 of 5: Goods and Services Agreement between the City of Ashland and Party Place • • 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. . I IN'WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized represent.fives as of the dates set forth below. CITY /ASHLA Kelli McGuire- as a,Pa�••''ace(PROVIDER): ign re • • e 1 „„t�QG el,C, r't-tGt eVt lct<c.,det f'`c26 C r' `� LiOrSign Printed Name Prin ed Natne A V I C r"� Title 0 Title” • s ate Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. D A ��/ • • • Page 6 of 5: Goods and Services Agreement between the City of Ashland and Party Place • Page 2 of 2 1111111111111111111111111111111111 • Status: Quote 924 ChevyWay 4-,0 0 •, PA R.-FY Medford,OR 97504 Quote#: q3387 I www.partyplaceandevents.com Event Beg: Tue 11/16/2021 10:00AM 9541-776-7729 Phone n I L AcQ Event End: Tue 2/22/2022 5:00PM r 0 541-772-1688 Fax` p 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 1 TENF1020W CANOPY 10'x 20'White SET UP Rental Tue 11/30/2021 10:00AM $2,240.00 • 20 GUTTER RAIN GUTTER,PER FOOT -- Rental Tue 11/30/2021 10:00AM $700.00 1 SITEINSPEC SITE INSPECTION FOR SET UP Retail $0.00 1 LOCATE LOCATE SERVICE CALL 811 - Retail $0.00 1 CANOPYADDEN CANOPY ADDENDUM Retail $0.00 customer has signed and been given a copy of the canopy addendum • • 1 PERMITFEETBD PERMIT FEE TBD - Retail $0.00 1 Courtseydis CourtseyDiscount10x20 Canopy accounting item • Retail ($336.00) 1 Courtseydis CourtseyDiscountRain Gutter accounting item Retail ($70.00) 1 12DELTRUCK-2 DELIVERY-2 Delivery $75.00 10 I4MILEAGE2 MILEAGE>10 MILE RADIUS PER MILE Delivery $90.00 • • Delivery and Pickup Delivery: Tue 11/16/2021 Contact: Pickup Date: Tue 2/22/2022 Phone: Used at Address: 95 Winburn Way;Ashland, OR 97520 Delivery Notes: Ice Rink-Tent goes next to Trailer Quote valid for 30 days. Rental: $2,940.00 • Sales: ($406.00) Delivery Charge: $165.00 • Subtotal: $2,699.00 Sales Tax: $0.00 Total: $2,699.00 'Paid: $0.00 Signature: • Ashland Parks&Recreation • Amount Due: $2,699.00} M T W TH FR 10 to 5 Closed SAT SUN Modification# 1 Printed On Tue 10/5/2021 2:38PM Software by Point-of-Rental Systems www.point-of-rental.com -Contract-Params.rpt(9) Quote#: q3387 Ashland Parks&Recreation The Party Place Page 1 of 2 LIVELY UP,LLC doing business as PARTY PLACE- Rental Contract • - s. Terms and Conditions The undersigned Customer ("Customer") hereby enters into a rental agreement with Lively Up, LLC doing business as Party Place (hereinafter "Party Place") on the following terms and conditions: 1. Pricing: List prices are for 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 24-hour increments. Party Place reserves the right to deliver earlier or pick up later with no additional charge to the Customer. 2. Reservations: Party Place will require a valid bank issued credit card for deposit to hold your reservation. Your card will not be charged until you rent the item. If we become fully booked for a specific item which you have reserved, we will call you to confirm your reservation. Upon confirmation, Customer shall pay a non-refundable 100% payment for the total rental of that item. The only exception is for tent and canopy reservations which require a 25%non-refundable deposit. 3. Changes/Cancellations: 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 confirmation code assigned at the time of the cancellation. 4. The rental 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 equipment discrepancies immediately. 5. Customer assumes all responsibility for injuries to persons or damage to property, and agrees to indemnify, hold harmless, and defend Party Place for any and all claims of any nature, arising out of the rental of the equipment while in their possession. 6. Customer agrees to Party 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 not to loan,sublet or otherwise dispose of equipment or use it in any location other than listed on this contract. 8. Return of equipment: Customer agrees to return the equipment to Party Place: during regular business hours as stated on this contract in as good condition as when received. Customer shall not leave items unsecured at our premises anytime. 9. Payment: Customer agrees to pay Party Place,upon demand: a. All rates, charges, fuel, delivery, pickup and reservation 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 $500.00. For all other orders, payment is required at the time of rental or before delivery. The credit card used for the reservations will be charged unless alternative payment is arranged. Returned 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 reservation prior to placing the order. c. Replacement cost for any loss or disappearance of equipment due to theft, conversion or other dishonest acts on part of any persons or persons of whom the issued property is entrusted or any person or persons in the service or employment of the lessee, whether or not occurring during the hours of such service of employment. Party Place reserves the right to consider the property lost,stolen or converted if not returned within ten(10)days of the date and time printed on the contract. d. Credit Card. Customer authorizes Party Place to bill Customer's credit card at any time of the reservation or upon receipt of the rented items or upon the return of the items at full replacement of items. ., e. Payment Guarantee. If Party Place has agreed to charge a third party and the Customer (person signing the contract) has instructed Party Place to bill a third party, the Customer agrees to accept all charges in the event the third party fails to accept charges. Customer understands that they shall be responsible for all charges to the contract. f. Final Audit. Customer understands that all charges are subject to final audit. Customer authorizes any credits or additional charges to be made and paid by the method used at the time of the reservations,rental or return. g. Unpaid account balances after 30 days are subject to a minimum$25.00 per month late fee or 18%annum fee whichever is greater. 10. Customer agrees to pay in full replacement cost, including labor and freight for all damages to rental equipment/items due to my cause whatsoever. Replacement shall be at full retail value based upon a single item. 11. Party Place offers no warranty, express or implied, on any of the equipment rented, including but not limited to the implied warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and Party Place hereby disclaims all express or implied warranties, including without limitation, the implied warranties of MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE. 12. Limitation of Liability. Party Place shall in no event be liable for special or consequential damages, including without limitation lost profits on any claim of any kind arising out of or in connection with the rental of equipment under this Agreement. 13. No Waiver. The failure of either party to enforce at any time or for any period'of time any provision of this Agreement shall not be construed as a waiver of such provision or of the right of such party thereafter to enforce such provision. 14. Non-Severability. In the event that any one or more of the provisions of this Consignment Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions of this Consignment Agreement shall be unimpaired and the invalid, illegal, or 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 unenforceable provision. 15. Cleaning and Return. All items must be returned in clean condition. The Party Place management shall have the final say as to any item's cleanliness. An hourly cleaning fee of $30.00 per hour shall be charged on any item that requires cleaning. All dishware shall be hot water rinsed with no food particles remaining,or stains in glasses. 16. Delivery. Party Place offers delivery and pick up services. Standard delivery consists of delivering the rented items to a nearby (25 feet) ground level site, outside the rear of our truck. If we need to move items or set up a venue, we will bill at an hourly rate per person. We will work to meet your delivery needs; however, scheduling will be done the week of your 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 guarantee that all items will be delivered to your event well in advance. 17. General Information. It is the client's responsibility to verify all orders, either at will call or upon delivery. The client assumes responsibility of rental equipment once it has been signed for. The client is responsible for the equipment from receipt until return. It is the client's responsibility to secure equipment when not in use and to protect it from weather at all times. 18. If Customer is renting a canopy,the Canopy Addendum is hereby incorporated herein and made a part of this Agreement. 19.. Governing LawNenue. 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, or based on any right arising out 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 jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts)in any such action or proceeding and waives any objection to such venue. 20. Attorney Fees. If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party' prevailing on an issue shall be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in preparation of in prosecution or 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 on appeal. 21. Customer requests for adjustments or refunds must be made within 30 days of close of contract. I agree to all of the above terms and conditions. Customer Dated A • ® — DATE(MLUDD1YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/20/2022 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). PRODUCERECT Jay Christensen PayneWest Insurance,Inc.-Small Business PHONE 541 282-1425 FAx PO Box 4386 (arc.No.E■e): (Arc,No): Missoula,MT 59806-4386 !E►D mss: Jchristensen@paynewest.com INSURER(S)AFFORDING COVERAGE NAIC f! INSURERA: Scottsdale Insurance Company INSURED INSURER B: Lively Up LLC INSURER C: DBA Party Place 249E Barnett Rd#112 INSURER D Medford,OR 97501 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WYD POLICY NUMBER (MNIDDIYYYY) ( DIYYYY) LIMITS GENERAL LIABILITY CPS-7444542 9/30/2021 9/30/2022 EACH OCCURRENCE $ 1,000,000 TO RENTED X COMMERCIAL GENERAL LIABILITY PPREMISES(occurrence) $ 100,000 A CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL a ADV INJURY $ "1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PEFt PRODUCTS-COMP/OPAGG $ 2,000,000, GE Jl I POLICY n578, AUTOMOBILE LIABILITY (COMaBI EMS INGLE UMIT ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURYer accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) S UMBRELLA LIAR _ OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY - Y!N TORY LIMITS ER ANY PROPRIETORIPARTNEWEXECU AVE E.L.EACH ACCIDENT $' OFFICERIMEMBER EXCLUDED? N/A (Mandatory In NH) - EL DISEASE-EA EMPLOYEE $ !Ives.desaibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Evidence of Insurance • CERTIFICATE HOLDER CANCELLATION City of Ashland Parks and Recreation 1195 E Main St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVEREO IN Ashland,OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7g) ‘r412°.' ©1988 2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1