AG 24-059 - CORT PARTY RENTALRETURN TO: PK ADMIN EXT: 6901 ID #:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1.
ORIGINATING DEPT/DIV: PARKS DEPT /
2.
ORIGINATING STAFFPERSONI: AUTUMN GRESSETT EXT: 6914 DATE REQ. BY: 3/22/2024
3.
TYPE OF DOCUMENT (CHECK ONE):
p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
A GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
m OTHER QUOTE
4.
PROJECTNAME: FWCC TEMP LOCKER ROOMS TENTING
5.
NAME OF CONTRACTOR: CORT PARTY RENTAL
ADDRESS: 6101 ASSOCIATED BLVD STE 102, EVERETT, WA 98203 TELEPHONE: 425-953-1444
E-MAIL: KERIN.SULL1VANO)CORT.COM FAX:
SIGNATURE NAME: TITLE:
6.
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES m COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE #, BL, EXP. 12/31/ UBI # , EXP. / /
7.
TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: MARCH 2025
3- 1-S
8.
TOTAL COMPENSATION: $ 159,772.17 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: S
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: d RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASECHARGETO: 001-1800-990-518-10-354
9.
DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
A PARKS PROJECT MANAGER AG 3/21/2024
❑ PUBLIC WORKS
❑ DEPUTY DIRECTOR
■ DIRECTOR jrh 3/22/2024
■ LAW DEPT JE 3/26/24
0.
COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
1.
CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNS
DEPT �V1
JLAW
SIGNATORY (MAYOR OR DIRECTOR)
CITY CLERK
❑ ASSIGNED AG # aLi .. C69
❑ SIGNED COPY RETURNED
DATE SENT: 4 •S•o1y
C0"M NTS'
11/2023
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Thank you for your request!
We appreciate the opportunity to help with your event. In order to provide the highest level of service
for you, please,note these important tips:
How do I reserve my order?
Equipment will be reserved for your event once the order is confirmed by you and a credit card placed on file. Equipment is reserved on a first
come, first reserved basis so please reserve early. Please note that if your order is still in the quote stage, the equipment is not yet
reserved.
For tenting, a 50% non-refundable deposit is required at the time of reservation. The full payment is required 7 business days prior to delivery
and is non-refundable after that point.
For non -tent related items, all changes need to be made by noon, 2 business days prior to delivery or a 30% change fee will be incurred.
How do I pay for my order?
Payment will be taken after the deadline for changes and will be charged to the credit card used to reserve the equipment.
What does the driver need to know to deliver my order?
In order to ensure a smooth delivery, please provide any data (site maps, gate codes, alternate phone numbers, contact names) the week
prior to delivery.
The delivery trucks are big! Think of a dump truck... if one of those will fit in your driveway without hitting trees or walls, our truck should be
good to go.
The basic delivery fee covers drop off service to a dock or garage. If the storage site for your equipment is more than 50' from where the truck
can park (assuming flat, paved surface), portage fees may be incurred.
What are my responsibilities for returning the equipment?
Depending on'the type of equipment you request, your order will arrive in crates or on carts. Before pickup, please place the items back in the
original crates or carts.
For china and glassware, please be sure to empty all fluids and return free of food. Plates and flatware should be warm water rinsed prior to
putting back in racks/totes.
Chairs need to be recovered and stacked comparable to how they were delivered. Labor fees will be applied if equipment is not prepared for
pickup, starting at $500. Please note that we do not provide table and chair setup. Typically, this will be handled by the venue, planner,
or caterer.
What is Damage Waiver?
We understand that accidents do happen. With that in mind, we offer a Damage Waiver, which covers breakage or damage to our equipment
while it is in your care. If you choose to accept the Damage Waiver, we will add a non-refundable 12% service charge to your order. If
you decline, we will charge full retail replacement costs for any items broken or damaged.
Our Damage Waiver does not cover missing or lost items, or improper use, neglect, or vandalism of equipment. It also does not cover wax on
linens. Please use flameless candles or votives.
What is a Production Fee?
The production fee is a fee associated with the labor to clean, store, and maintain equipment. We assess a 10% production fee on tabletop
items (linens, china, glassware, flatware, etc.) and a 20% production fee on other items (tenting, dancefloor, stage, pipe & drape, cooking
equipment, etc). This is in addition to the rental fee and delivery fees.
How do I know when the truck will arrive?
Good question! The arrival windows are noted on the contract and your driver will call from the previous stop to let you know they are on the
way. Someday, we would like to have an Uber/Lyft type notification capability but we're not quite there yet.
What if there is an emergency during my event?
We do have an after hours emergency line. If your event is in progress and you need to reach us outside of business hours, call the main line
at 425-953-1444. The voicemail will direct you to hit option 2 and you will need to leave a message. Include name, phone number, contract
number and as much information about the event and issue as possible. Our manager on duty will call you back to help resolve the issue.
Contract #: 170980 City of Federal Way
Page 3 of 3
TERMS AND CONDITIONS
The followingterms and conditions, together with the Rental Order Form(,), Identified In Section 1, constitute a binding rental agreement (the'Agreemem-) Lary,... CORT Business Servlces, dba CORT Parry Rental (the -Company") and the Customer identified on
the flental Order Farm
L Services. The Company shall provide to Customer the servlees (the-Servlow-) set out In onec, mare rental order forms to be Issued by the Company and accepted by the Customer (each, a "Rental Order Form'). The Initial accepted Rental Order Farm b on the
front page hereof.
2 Scope, These terms and condition, apply to all orders between the Company and Customer that are documented with a Rental Order Farm. Rental Order Forms will be completed for specie. rental hems on specific occasions. The Company and Customer
agree that each Rental Order Form will be considered an addendum to this Agreement and the terms and provisions of a Rental Order Farm are incorporated Into this Agreement and together provide the complete terms and conditions far that order. Customer
further agrees that the terms and conditions of this Agreement shall gave,, all future deliveries should Customer fail to or be unable to sign the Rental Order Farm at the time of delivery
3 Rental Period.
a. A rental period is twenty-four (24) hours unless a different term Is specified in the Rental Order Form Time Is of the essence and any extension of the rental period must be in writing -
to Customer agrees that all reservation deposits made In connection with any rental items are tan -refundable
C. If the Customer breaches any a ... lsian of this Agreement, the Company may Immediately terminate the rental and retake the rental items
4. Recel or; Inspection. Customer rents the rental items on an "as is" basis. By accepting delivery ar taking Pos,m,lon (as donnd below) of the rental Items, Customer ackn,,I,dgm and agrees that Customer has:
a Personally Impedd the rental items and confirmed recele of all items listed in this Agreement,
In Found the rental items suitable to Customer's needs; and
c. Found the rental Items to be in good working order and repair.
S. Customer Phk-Up If Customer picks upthe rental items from the Company, Customer is reponslble for ensuring that the rental Items are properly stowed and secured within Cmtomers vehide.Custamer shall be responsible for any damage to the rental
items which result from Improper slowing and securing. If Customer is unable or unwilling to properly load and secure the rental Items In Customers veh Ide, delivery services may be avallable at Customer's expense
6. Delivery and/or Pick -Up.
a Delivery/Pick-up will be made to the closest point the delivery truck can aces If Customer deslam to have the items delivered/picked-up to a different point that requires additional time, Customer will be charged additional fees
b The Company's services do not include the setup or takedown of chairs, tables, linens, or other items If this service is desired, Customer should make arrangements several weeks in advance of the delivery, with the Company providing Customer with a
quote of the additional cost II no arrangements are made and this service is desired on delivery, the Company's driver must call and receive —nomination from the Company. If lime permits, the Company W 11 accommodate Customer, but only her quoting the
additional price to Customer and only upon the express understanding that the Company shall incur no liability whemayer to the Customer for this accommodation and that the Customer waives any claims or rights it may have ageratthe Company because of
this accommodation
c If Customer arranges for the Company to deliver the rental items, then Customer shall have a representative present at delivery. If far any reason Customer falls to have a representative present at delivery, Customer Is deemed to have accepted delivery antl
taken possession of the rental Items as though Customer had inspected them (Possesslan), For the avoidance of doubt, once Customer accepts delivery or takes Possession of the rental Items, Customer will bear all risk of loss or damage regarding the rental Items
until the rental items are returned to the Company in acceptable condition,
7- Site Preparation- Upon delivery, Customer shall have the site upon which the rental items are to be erected free and clear of all obstacles, natural and man-made, prior to the arrival of the Company's installation crew, if the Company has been retained for the
equipment setup Upon pickup, Customer shall clear all Items under and around the site prior to the arrival of the Company's Installation crew, unless the Company has been retained for the equipment breakdown. If Customer falls to do so, then Customer shall
pay all casts rwufting from any delay.
B Electric Power and Lighting Customer shall furnish the Company access to and the right to me Customers electrical and power lines for the Installation and operation ofthe rental items
9. Possession/TOIe. Customers right to possm,lan of the rental items begins once Customer accepts delivery or takes possession of the rental items and terminates an the pick-up date (as referenced an each Rental Order Form). Title to the rental hems is and
shall remain vested in the Company If Customer fails to timely return physical possession of the rental items in accordance with the Agreement, the Company shall have the right to recover physical possession o1 the rental items without further notice or legal
process, and to use whatever reasonable means is necessary. Customer agrees to indemnify, defend, and hold harmless the Company Indemnified Parties (as defined in Section 21) from any and all claims and costs arising auk of the Campam/s recovery of
physical possession of the rental items.
10 Customer Responsibility forth, Rental Items, Once Customer has accepted delivery or taken Possession ofthe rental@ems, Customer shall be responsible for any lost or stolen rental Items. Customer shall be responsible for all damage to the rental items,
even damage caused by third parties, caused by negligence, intentional acts, orfarce majeure. Regardless of whether clue to customers fault or the fault of a third party, customer shall pay the Company: A) The replacement cost for any rental items that are not
returned because they are lost or stolen B) The repair costs far any damage to any rental items.
11 Force Maj...eCustomer assumes all weather related and other risks Involved In holdl OR an indoor or outdoor—mLCustomer acknowledges that tents are temporary shade structures and not sham shelters, and though water resistant, they are not waterproof
and small leaks are possl N& All lens are subject to stretch Ing and restricting up to 5%of listed sites and although all tents have been permeated with waterproofing compound, no tents are guaranteed to be waterproof and are to be considered temporary shade
structures. Regardless of high wind, snow, rain, flooding, extreme cold a, heat, earthquakes, civil unrest ar any other factor beyond the Company's control, Customer shall still be liable for payment In full of all charges.
12 No Operators, Unless specifically agreed, the Company does notfurnish, directly or Indirectly, any personnel or staff to operate the rental Items
11 Customer Responsibility for Operation. Customer acknowledges and agrees that: a. Customer Is u111—tely responsible for the operation, care and return of the rental hems; It, Customer understands the proper operation and use of the rental items; c The
Company has offered to provide, upon reasonable prior notice, additional Instruction to Customer regarding the use of the rental items; and WheneverCustomer becomes aware that any rental Item is malfunctloning or is unsafe to use for any reason, Customer
shall discontinue use of the malfunctioning and/or unsafe rental Item, remove it to a safe location, and Immediately nOLffy the Company of the problem
14- Proper Operation and Use
,.Customer shall not allow any person to operate or use the rental items:I Who is not queried;H. if the rental Item is in need al repair or is in an unsafe condition or situation; III For anything other than its Intended purpose/function.
b. Customer shall not: I. Modify, misuse, harm or abuse the rental Items; II. Make any repair to the rental items without the Company's prior written consent; or III Allow any lien to be placed upon the rental Items
c Customer shall visually Inspect the rental Items at least daily and Immediately discontinue use and muffy the Company 11 the rental items are In need of repair or maintenance ar are not lu,df,ning properly -The Company has na responsibility to Inspect
the rental Items while the rental hems are in Customers Possession.
a Replacement of MaHunaioning Items, The Company will repair or replace the rental Items in disrepair with similar items in good working order IF available, so long as the defea is the result of normal use,
If, Retaking of the Rental Items, If for any reason It becomes necessarylor the Company to retakethe rental Items, Customer eAloalres the Company to retake the rental Items without further notice or further legal process and agrees that
the Campanyshall not be liable far any claims for damage or trespass arising cut of th, removal of the rental Items.
17. Cleaning, China, glassware, and flatware must be returned rinsed and repacked properly in boxes or crates provided or additional charges will be assessed Additionally, special cleaning fees may be Imposed If berbeque grills, decp fryers and cooking
equipment are not returned in proper condition, including, without limited,., having deep fryer grease cleaned and the ash from barbeque grllls and pin, ovens removed
18, Unens Table linens will be inspected prior to Customer taking possession and upon their return to the Company. Customer may request that linens be Inspected in Customers presence. DO NOT ROLL UP OR PLACE WET UNENS IN ANY BAG AS MILDEW WILL
RESULT. If there is obvious damage Including, without limitation, mildew, excessive stains, burns or tears, Customer will be charged the cost of the linen and may keep the linen as though it were a sale.
19. NoC,oking or Fire Under Tents, Customer shall not cook or have fire under,, near tents Customer shall pay all losses or cosy Incurred far tlamage to or cleaning oftent top clue to cooking or fires under or ,at tents.
20, Subletting; Location Customer will not sublet, loan, or assign the rental items. Customer will not move the rental Items from the address at which Customer represented they were to be used.
2L Indemnity; Hold Ha —less. Customer assumes all lie billy, for, and agrees to defend, Indemnify, hold he rmless and protect the Company, its Owners, shareholders, agents, officers, ch,act rs,employees, successors and assign, (the 'Company lndemnffied
roe4.1bO,. wo ginm."and IN ittblyy, dwait. drneadt it.-, diipage "uthl, pia"e, ku hi lfwr.[riot"tapomtt_krtlls9ng wlwer/t fen red wns,.1iwry bled ted eater,nud"beg n9t limregTp kNwtb or de.0 To xiri—and
damage to property arising out of the use, maintenance, Instruction, operation, possession, ownership or rental of the rental Items however caused, except claims or litigation arising solely from the gross negligence or willful misconduct of the Company
Indemnified Parties
22. DISCLAIMER OF WARRANTIES THE COMPANY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE, EITH Efl EXPRESS OR IMPLIED. THERE IS NO WARRANTY OR REPRESENTATION THAT THE RENTAL ITEMS ARE FIT FOR
CUSTOMER'S PARTICULAR INTENDED USE, OR THAT RENTAL ITEMS ARE FREE OF LATENT DEFECTS. THE COMPANY SHALL NOT BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR INIU RY RESULTING FROM, OR IN ANY WAY ATTRIBUTABLE
TO THE OPERATION OF, USE OF, OR ANY FAILURE OF THE RENTAL ITEMS, THE COMPANY SHALL NOT BE RE5PONSI BILE FOR ANY DEFECT OR FAILURE UNKNOWN TO THE COMPANY, CUSTOMER'S SOLE REMEDY FOR ANY FAILURE OF, OR DEFER IN THE RENTAL ITEMS
SHALL BE TERMINATION OF THE RENTAL CHARGES AT THE TIME OF FAILURE PROVIDED THAT THE CUSTOMER NOTIFIES THE COMPANY IMMEDIATELY OF THE FAILURE AND RETURNS THE RENTAL ITEMS TO THE COMPANY WITHIN 24 HOURS OF THE FAILURE
23. Compliance with Laws Customer shall not use or allow anyone to use the rental Items for any Illegal purpose or In any Illegal or unsafe manner. Customer, at Customers sole cost and expense, will comply with all municipal, county, stale and federal laws,
ordinances and regulations that may apply to the use of the rental Items duringthe rental period. Specifically, Customer must comply with hearth and safety laws and regulations, fire safety regulations (Including those prohibiting heaters or cooking Inside of
tents), sound and noise ardin,ncm and regulations, antl ordinances and regulations requiring event permis. Customer shall pay all licenses, fines, fees, permits or taxes arising from the use of the rental Items, including any which are subsequently determined to
be due.
24. Default Should Customer fall to observe or comply with any provision of the Agreement, the Company may, at its sole option, terminate the Agreement, retake the rental Items, declare mry rjm dine and Pu lsk And LF44te Icrp process to recover monles
wed, and/or pursue any other legal rights and remedies ... liable [, the Company. Exercise of any remedy available to the Company shall not constitute an election of remedies or a waiver of any additional remedies to which the Company may be entitled
25. Legal Fees In the event ofany legal action or proceedings arising out afar adeedtothe Agreement[he pravalling partyshallaeplNhd La reswn wretowbk gtipar{klecymdcrsts-
2& NOTICE OF NON -WAIVER Any failure of the Company to Insist upon stria performance by Customer of any provision of the Agreement shall not be Interpreted as a waiver or Company's right to demand compliance with all other provisions of this
Agreement
27. Choice of Law. This Agreement and all related documents Including all matters arising out of Or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of Washington, U, bed States of America (including its statutes
ar Wtatipad,),r[gAgVl gk.MS iffm W Th. coo of Lb-&lhr VnbAI d"Crlwthe room tkm prhdPMr Or rl/edwpyyrpttWrro, ptrmis The NPpbcrUrhfd UM Ail, -OF" turbdWhrr erlrr chit theist rl gRslmor wgµinFios
28. Submission to Jurisdiction The Parties hereby agree that any ,it, action or proceeding seeking to enforce any provision of, ar based an any matter arising out of ar In connection with, this Agreement or the transactions contemplated hereby, whether In
contract, tort or otherwise, shall be brought In the United States District Court for the Western District of Washington or In the Superior Court of Snohomish County (or, If that court lacks subject matter jurhdidlon, In the applicable state court of the State of
Washington), ff one of those courts shall have subject-matterjurisdlaion over the suit, action or proceeding, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of Washington. Each
of the Parties hereby irrevocably coruents to the furl,diction of those c,urts(and of the appropriate appellate courts therefrom)In anysuit action Or proceeding and Irrevocably walves,tothe fullest extent permitted by law, any objedi,n that it may now or
hereafter have to the laying of the venue of any ,It, action or proceeding In any of those courts or that any suit, action or proceeding that B brought In any of those courts has been brought in an Inconvenient farm
29. Notices All minces, requests ...... nts,claims, demands, waivers and otherrommuniceians hereunder shall be In writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt);( b) when received by the
addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by e- mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day R sent
after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mall, return receipt requested, postage prepaid. Communications must be sent to the respective Parties at the addresses set Earth on the signature
page (or at any other add —for a parry specified In a notice given in accordance with this Seaton 30).
30 Insurance Customer shall maintain in full force and effect during (hr Icml of tin yrtrmtnl i eprrAe IfermN YWI[q and automobile liability Insurance policies with coverage limits for both bodily injury, including death, personal injury antl property damage
that wl11 respond as primary ... erage for Customers liability and all obligations outlined under this Agreement In addition to the foregoing, Customer shall maintain property Insurance in an amount adequate to cover any loss and/or damage to the rental Items,
up to the full replacement costs- Customer shall furnish the Company with ,certificate of insurance evidencing the foregoing Ine—m requirements and namingthe Company asanadditional Insured-
31 Miscellaneous.
a, Customer understands that no temporary structure or tent is weatherproof. In the event of severe weather, Including strong winds, snow and heavy rain, Ten is should be evacuated Immediately and never utilized as a sh.ften The Company shall not be
responsible for any damages to persons or property which occur w a IpWLrlraArrARA[alAerymgklem, w Loth" to properly evacuate when such conditions are present.
h, Stakes, generator grounding rods or anchors may be driven into the ground by the Company to Install tens or other rental Items. Customer shall be responsible for any damage due to digging, disturbing sailor earth, stakln& FML hole digging augurin&
or the like Customer she be resp.mlbla for Identifying antl disclosing to the Company all underground obstacles. The Company shall not be responsible for tlamage to above or below ground obstacles or utilities, Including water, power, data, sewer, gas, etc
c Before digging or driving stakes, rods, ar anchors Into the ground, It Is the responslbllity of Cm—erto follow the requirements of the regional notfflcelon center (Call Bll before you dig to have all stllltim clearly marked) Customer acknowledges the
availability of services for the identification of underground utilities such as water, gas, data, electric pipe, and conduits ("Underground Faculties"), Where equipment Installation will Involve any penetration of th, ground (tent stakes, for example), Customer shall
have all Underground Facilities in the vicinity of the equipment installation clearly marked with marking paint prior to the arrival of the Company's installation crew. Customer will be solely responsible for any harm or damage to Underground Facilities and any
ansequential harm or damage to People or property unless the Company negligently Penetrates a clearly marked area. Customer must contact the service provides for the Underground Facilities one week prior to equipment installation to identify the Underground
Facilities -
Mon - Fri Sam - 5pm Sat Sam - 4:30pm Sundays Closed Modification #3
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