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HomeMy WebLinkAbout2015-320 Contract - The 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: 11-11-2015 COMPLETION DATE: 3-3-2016 COMPENSATION: $2,520 GOODS AND SERVICES TO BE PROVIDED: Delivery, Setup, and tear-down of 10'x 20' White Canopy at Ashland Rotary Centennial Ice Rink. 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 registered, licensed and bonded. Contractor must also maintain 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, 2798.225, 2798.230, 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, including 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. Contrac r shall sign the certific ion attached hereto as Exhibit A and herein incorporated by reference. Contractor- City of Ashland: i J By 4l By t .y rl"' e Signyu ! ,,q [ epartm Hea Z D~'IIL'il ~uf f F~~~u \ ~Cl Print Name Prinj N~Lne PLC ~ v Time ate W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order NO. Revised 10-28-14 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 the labor or services to be provided. L` 1 ~ontractoir (Date) Revised 10-28-14 Page 2 of 2 ~.•~r, LIVEL-1 OP ID: 2C A~~RQ DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/11/2015 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). CONTACT AME: PRODUCER Phone: 925-798-3334 N EPIC/James C Jenkins Ins Srvc Fax: 925 609-5381 PHONE FAX License No. 0545478 A C No Ext : A C No P.O. Box 5668 E-MAIL Concord, CA 94524 ADDRESS: Chris Parker INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Nova Casualty Company 42552 INSURED Lively Up LLC INSURER B : dba: Party Place David & Beverly Lively INSURER C 924 Chevy Way INSURER D Medford, OR 97501 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER MPOLICY EFF M/DD//YYYY MML LTR DDNYYY LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,000,00 'AM, To L: A X COMMERCIAL GENERAL LIABILITY RNTCL00103432 01/2212015 01/22/2016 PREMISES Ea occur ence $ 300,00 CLAIMS-MADE OCCUR MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,00 POLICY PE° LOC Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ A X ANY AUTO RNTCL00103432 01/22/2015 01/22/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S NON-OWNED PROPERTY DAMAGE $ X HIREDAUTOS X AUTOS Per accident X HAPD X $1000 Ded $ X UMBRELLA LAB OCCUR EACH OCCURRENCE S 1,000,00 A EXCESS LAB CLAIMS-MADE RNTUM00101992 01/2212015 01122/2016 AGGREGATE $ 1,000,00 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/ N TCRY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N / A E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Equipment Floater RNTCL00103432 01/22/2015 01/2212016 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 AUT~HOR~IIZZ}ED REPRESENTATIVE V © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 11111111111111111111111 Page 2 of 2 Status: Reservation 924 Chevy Way 4 P~ RTY y y Contract 51842 ® Medford, OR 97504 www.partyplaceandevents.com Event Beg: Wed 11/11/2015 10:OOAM 541- 7-7729 Phone Event End: Thu 3/ 3/2016 5:OOPM 541-7722-1688 Fax PLACQ- ~ Operator: Kelli 3552 } Ashland Parks & Recreation 541-488-5340 Phone 340 South Pioneer Ashland, OR 97520 City Key Items Part# Status j Event End Date Price 1 I ENF1020W CANOPY 10'x 20' White SET UP Reserved Thu 3/ 3/2016 5:OOPM $1,950.00 20 E GUTTER RAIN GUTTER, PER FOOT Reserved Thu 3/ 3/2016 5:OOPM $450.00 1 SITEINSPEC SITE INSPECTION FOR SET UP Selling $0.00 1 LOCATE LOCATE SERVICE CALL 811 Selling $0.00 1 CANOPYADDEN CANOPY ADDENDUM Selling $0.00 customer has signed and been given a copy of the canopy addendum 1 PERMITFEETBD PERMIT FEE TBD Selling $0.00 1 12DELTRUCK-2 DELIVERY - 2 Selling $50.00 10 14MILEAGE2 MILEAGE>10 MILE RADIUS PER MILE Selling $70.00 4 LABORSU LABOR - SET UP/INSTALLATION FEE Selling $120.00 1 Courtseydis CourtseyDiscount -10x20 canopy accounting item Selling ($97.50) 1 Courtseydis CourtseyDiscount rain gutters accounting item Selling ($22.50) Delivery and Pickup Delivery: Wed 11/11/2015 10:00AM Contact: Brenda Pickup Date: Thu 3/ 3/2016 5:OOPM Phone: 541-951-1325 Used at Address: 95 Winburn ; Ashland, OR 97520 Delivery Notes: Trailer is there - Tent only to cover trailer 10' poles and Rain Gutters for 10x20 over Trailer Will Invoice once a month for monthly rate. Rental: $2,400.00 Delivery Charge: $120.00 Subtotal: $2,520.00 Sales Tax: $0.00 Total: $2,520.00 I Paid: $0.00 Signature: - Ashland Parks & Recreation _Amount Due: $2,520.00 - a..~ M T W TH FR 10 to 5 Closed SAT SUN Modification # 1 Printed On Thu 8120/2015 3:54PM Software by Point-of-Rental Systems www. point-of-rental. com Contract-Params. rpt (9) Contract 51842 Ashland Parks & Recreation The Party Place Page 1 of 2 LIVELY UP, LLC doing business as PARTY PLACE - Rental Contract - Terms and Conditions 'the undersigned Customer ("Customer") hereby enters into a rental agreement with Lively Up, I.LC doing business as Parly Place (hereinafier -'Party Place") on the following teens and conditions: I. Pricing: List prices are for the day of your event which includes a day to pick up and it day to return. All concession equipment of mechanical equipment is billed in 24-11ou1 increments. Party Place reserves the right to deliver earlier of 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 it specific item which you have reserved, we will call you to confine your reservation. Upon confirmation, Customer shall pay it non-refundable 100oo payment for the total rental of that item. The only exception is for tent and canopy reservations which require a 25o, 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 50oo restocking fee. All cancellations must have a confirmation code assigned at the tittle of the cancellation. 4. The rental equipment will be tendered to Customer in good working condition and shall be retained by Customer in the saute 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 flatly Place for any and all claims of any nature, arising out ofthe rental of the equipment while in their possession. 6. Customer agrees to Party Place's right to enter the premises of the Customer al 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. & 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 itenns 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 it 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 pilot to placing the order. C, Replacement cost for any loss of disappearance of equipment due to theii, 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 of 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 tell (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 ileots or upon the return of the items at full replacement of items. e. Payment Guarantee. If Party Place has agreed to charge it third patty and the Customer (person signing the contract) has instrteted 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 till 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 180% 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. II 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 wananties, including without limitation, the implied warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Limitation of Liability. Part}, 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. "fhe failure of either party to enforce at any time or Poi any period of lime any provision of this Agreement shall not be construed as a waiver of such provision or of the right of such patty therealter to enforce such provision. 14. Non-Severability. Ill 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 nnttually acceptable provision, which, being valid, legal, and enforceable, conies closest to the intention underlying the invalid, illegal, ur uncnforceable 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 how'ly cleaning fee W $30.00 per hour shall be charged on any item that requires cleaning. All dishwate shall be hot water rinsed with no food panicles remaining, or stains in glasses. 16. Delivery. Party Place offers delivery and pick up services. Standard delivery consists of delivering the rented items to it 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 al 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 of upon delivery . The client assumes responsibility of rental equipment once it has been signed for. The client is responsible for the equipment front receipt until return. It is the client's responsibility, to secure equipment when not in use and to protect it Rout weather at all times. 18. If Customer is renting a canopy, the Canopy Addendum is hereby incorporated herein and made it part of this Agreement. 19.. Governing Law/Venue. 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 ('ourt of the State of Oregon, ot, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the panties 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 petty prevailing on an issue shall be entitled to recover with respect to such issue, in addition to costs, reasonable attorney lees incurred in preparation or in prosecution or defense of such arbitration, suit, or action as detenninetl by the inhalator of vial court, and if any appeal is taken from such decision, reasonable attorney lees 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 Contract 51842 Ashland Parks 8r Recreation The Party Place Page 1 of 2 LIVELY UP, LLC doing business as PARTY PLACE - Rental Contract - 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: I. 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 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 Parry 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 Parry Place during regular business (tours 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. 9. 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 FOR A PARTICULAR PURPOSE. 12. Limitation of Liability. Parry 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, dte 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. I f Custbmer is renting a canopy, the Canopy Addendum is hereby incorporated herein and made a part of this Agreement. 19.. Governing Law/Venue. 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 parry prevailing on an issue shall be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in preparation or 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 terns and conditions. Customer Dated Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 11/19/2015 00522 (541) 488-5300 VENDOR: 004550 SHIP TO: PARTY PLACE, THE 924 CHEVY WAY MEDFORD, OR 97504 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Lonny Flora Special Inst: Confirming? No Quantity Unit Descri tion Unit Price Ext. Price Canopy Rental for the 2015-2016 Ice 2,520.00 Rink Season Contract for Goods and Services Small Procurement Less than $5,000 Beqinninq date: 11/11/2015 Completion date: 03/03/2016 i SUBTOTAL 2,520.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 2,520.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.03.02.60691 E 000007.999 2,520.00 Au rized Signature VENDOR COPY FORM #3 CITY OF u,z :{urchase Ord ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name Address, City, State, Zip Cr.? LJ © R-) y Contact Name & Telephone Number -9 V1 . 7, 4 - 7 ~9 Fax Number 5q1 _ 7 72 rA rrS'- 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 proposal 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 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 G~crj®~Iy ~ Fdr ~o~ s ~ f 6 ~c1C /fir n St'aS v{1 ► Item # Quantity Unit Description of MATERIALS Unit Price Total Cost F-1 Per attached quote/proposal TOTAL COST Project Numbercr'eVoy qr4jtj Account Number _71L-L2-Q 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 the City's public contracting requirements have been satisfied. Employee: Department Head: { ? (Equal to or greater than $5,000) Department ManagerlSupervisor: „ 9 City Administrator: (Equal to or greater than $25,000) 0 Funds appropriated for current fiscal year., YES / NO Finance Director- (Equal to orgreater than $5,000) Date Comments: Form #3 - Requisition