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AG 14-087RETURN TO: Mc" '--"& EXT: / _ Gt b 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /DIV: PROS / L- / I_ 2. ORIGINATING STAFF PERSON: L" u_1&5 EXT: r- 60 1 tj � `� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL • OTHER LA -G.'St- 5. PROJECT NAME: ll-� cf— 6. NAME OF ADDRESS: E -MAIL: SIGNATURE NAME: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ 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. 8. TERM: COMMENCEMENT DATE: lb,/ ol COMPLETION DATE: ~ K 1 11-1 9. TOTAL COMPENSATION: $ 1 a -F H, L 4 (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: $ IS SALES TAX OWED: o YES ❑ NO IF YES, $ PAID BY' ❑ CONTRACTOR ❑ CITY �Lw BF oa 1 72.c7o 392- 5 73 4.Z ZZ -0 10. DOCUMENT/ CONTRACT REVIEW • PROJECT MANAGER • SUPERVISOR • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) ALAW DEPT INIT L / DATE REVIEWED � �y _ 5 /� .A r ► 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: W1111- 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • LAW DEPT • CHIEF OF STAFF • SIGNATORY (MAYOR OR DIRECTOR) KCITY CLERK ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: m--%, _ INITIAL / DATE SIGNED � 57 Zl!) AG# DATE SENT: 05116 INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: NJ IA DATE REC'D: 'a»L �i f X. 017id =Im1C r I� �iC•�'! RZZ�I�[i?i� ..� jwl-lTA-'A rdamman�L���r. ,-rr�:rre�c..►ins►_��►, c4,� {� :�Z�a�*a� m.�.►.•�a�d23rM Merry: Mayers Invoice #E 1 -4352 SubTotal $1214.50 Travel Fee $0.00 $1214.50 Tax: 9.5% $80.47 $1294.96 Total $1294.96 De osit Reguired $323.74 Due $1,294.96 Customer Comments: Grass. Stakes okay. Set -up 12- 6/9:30- 10:30. Cell# 253- 720 -6362. Needs 3 Attendants. Driver. Inspected By TERMS OF LEASE In addition to the terms below, and the operation agrees that if any rented item is damaged that hi price to fix the damage and /or the full replacemei Lessee agrees that he /she has read the entire cor has had all questions he/she may have answered' Delive eration: to the event address spec and i e oyees contractors, the right to enter equipment at approximate times and for enterG required. Narrow or uneven paths stairs on incl e uipment. For inflatable rides, the lessee agrees 1 idelines on each rented item, the Lessee (cu! ie will reimburse [setting:company name] for falue of the rented item. Before sighing this c ct, has agreed to all terms and conditions her( he Lessees full satisfaction and understanding d by Lessee Lessee grants [setting:company id properly for the delivery and return of the' nent performances. Ease of access to the s may incur added fees or prevent the setur rated at 110 volts with 20 amps capacity per inflation motor within 7o teet of each unit may be used for inflatable rides. Electrical cord should be plugged into an outlet an operating on that electrical circuit. Concessions and non -rider games may use up to a cord. Each unit's required space is listed online. Lessee agrees to provide supervision each rented item. fsetting:company name] will provide attendants ONLY if hired s ecifi( more than their order amounts p inclement, leave for th made prior DncK, glass, or a setbng:company understorms &I concern. Do ne manufacturers ui Additional Safet Delt DUC Kies and al the users to climb repeatedly turn on i s: Deposits inclui races due will be charge( nor to the event date, cu de available for one Yet e forfeit unless cancellai a rain check for monies I full payment is required. ,mance or setup of equip and the rules poste unsupervised in or a as at ged ntract� n, an all monies paid are non - refundable. For deposits -paid the same card the week of the event For orders cance hers will receive a rain check equal to the amount paid For orders canceled within 7 days of the event date, 1 is due to inclement weather. For events canceled due may be made available for one year. Once our persona refunds are given for cancellations. All payments must to; units must be operated over a smooth, level surface such may NOT be operated on rough surfaces such as rocks, le unit cannot be moved by lessee after placed by tors. Never use during high winds gusty winds, deflate inflatable . rides if winds exceed 1� mph and cause ie use until adverse weather conditions have ceased. Always follow the ocated on the unit itself. Before enterin the unit, have the users remove their shoes, eye glasses, > ob' cts. Never play, jump or enter a partially inflated /deflated unit Never allow on a outside or inside walls of the unit, columns, ne n or roof of unit Do not ie motor as this will cause the unit to burn up and you will be responsible for any s have an adult present that has reviewed and understands both this contract the unit itself, who can supervise the riders. Never allow the users to be the unit Never allow more users than the maximum number of users per age ng' company name 2 DO otlallow horseplay ohose , or around the unto the unit Always follow the number of riders an-d rules posted on the unit itself. Only children of the same size are to play on the unit at the same time. Themed bounce houses and combos can have (6 -8) seven -year olds. Add a couple more for the larger bounce houses (Funhouse, for example). For older kids, decrease the number of riders. Units with "Kids" in the title are only to be used by riders under 150 lbs. For adults and to ns, ost interactives are designed for riders up to 225 lbs. 1A Lessee Initial Additional Terms of Lease: [setting:company_name] is not responsible for bad weather, disruption of electrical service and /or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result ABSOLUTELY NO silly string or similar items, such as, but not limited to, food, drinks, confetti, foam or trash, are to be in or around the unit at any time !!! Silly string and like objects will cause permanent damage to the unit and lessee will be responsible for the full replacement value of the rented unit and /or assessed a $75.00 cleaning fee if the unit is determined not to be permanently damaged. Lessee agrees not to operate the unit(s) in a manner contrary to this contract and the rules of use on each unit If lessee operates the unit (s) in a manner contrary to the contract and rules of use on each unit, and the unit is damaged, Lessee agrees to pay the cost or repair or full replacement value of any damaged equipment or unit. Lessee agrees that the equipment leased is for Lessee's own use and said equipment is not to be loaned, sub -let, mortgaged or in any other manner disposed of by Lessee. Lessee further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause. Hold Harmless Provisions: Lessee agrees to indemnify and hold [setbng:company_name] harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney's fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless [setbng:company_name] from injuries or damages incurred as a result of the use of the leased equipment. [setbng:company_name] cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge.. Disclaimer of Warranties: [setbng:company_name] makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact [setbng:company_name] if any of the lease equipment develops any indication of defect or improper working conditions. Lessee agrees to use the equipment at Lessees own risk. Breach /Indemnity/Arbitration: In the event that Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify [setbng:company_name] for all costs incurred by [setbng:company_name] in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney's fees and costs. If [setbng:company_name] determines, within its own discretion, that Lessee has failed, in any way, to observe or comply with the conditions of this lease, [setting:company_name] may exercise any of the following remedies: termination of this agreement, reenter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies;.and /or pursue any additional remedies available to it by law. Any action initiated to enforce the terms of this contract by or against [setting;company_name], or the Lessee, shall be submitted to binding arbitration with no appeal. Jurisdiction lies in Pierce County, WA. BY SIGNING MY NAME ON THIS CONTRACT 1, BEING THE LESSEE, CONTACT PERSON, LESSEE REPRESENTATIVE, OR OTHER INDIVIDUAL ASSUMING THE ROLE= OF LESSEE, ACKNOWLEDGE THAT 1 HAVE COMPLETELY READ AND UNDERSTAND THIS.CONTRACT AND ANY AND ALL ACCOMPANIED ADDENDUM(S). 'I UNDERSTAND THAT I AM SOLEYRESPONSIBLE FOR ADHERING TO THE TERMS, SET FORTH BY �i1�RwEN,TAL CONT* 4, ET AGREEMENT AND ANY AND ALL ACCOMPANIED ADDENDUM(). SIGNATURE1 �^Ul� --� PRINTNAME M�L�� DATE t'J kS k� > Page #:1 MERR AKE SM Invoice #:215370 Jumparaos tnflarabtes & ftolessronal Sm ness Date: May 12, 2014 1401 -B South Sprague AveTacoma WA 98405 INVOICE - ST Contract due b : 5 -16 -14 Phone (253) 572 -0172 Toll Free (800) 585 -1500 y Fax (253) 572 -2726 www.merrymakers.net Customer Information Event Information City of Federal way Contact: Cody Geddes 33325 8th Ave. South Federal Way WA 98003 Home /Bus: 253 - 835 -6926 Cell: Fax: Event Phone: 253 - 835 -6926 Date: Fri, Jul 4, 14 - Fri, Jul 4, 14 Time: 06:OOPM - 09:30PM Setup Window: Fri, Jul 4, 14, 12:0012M -06:OOPM Pickup Window: Fri, Jul 4, 14, 09:30PM 40:30PM Surface: Grass Item Name Req'd Space Qty Price Supt l Line Total $25.00 L W H $0.00 Sub-Total: $1,214.50 Tax: JUMBO FUNHOUSE - 8008 30 30 15 1 $229.00 $0.00 $229.00 Power(1) outlet within 70l6et Balance Due: $1,294.97 FUNHOUSE JUMP -14088 26 23 13 1 $159.00 $0.00 $159.00 Power(1)110V 20Amp within 70' KIDS 30' OC - 9085 40 18 11 1 $299.00 $0.00 $299.00 Power(l) outlet wftn AY ATTENDANT 0 0 0 3 $122.50 $0.00 $367.50 Power-.NA CR GENERATOR Power. 3 2 3 1 Client Notes: Please check each item listed above for the quantity of power outlets (in parentheses) required. Make checks payable to: Merry Makers 1401 -B S Sprague Ave Tacoma, WA 98405 $30.00 fee on all NSF checks Past due invoices over 30 days accrue interest at the rate of 1.5 0/oper month. Your prompt payment is appreciated thank gjoul CWe app testate y~ bustaess. $135.00 $0.00 $135.00 PAYMENT TERMS: Check to office before event Item Costs: $1,189.50 Supply Costs: $0.00 Holiday Fee: $25.00 Discount: $0.00 Sub-Total: $1,214.50 Tax: $80.47 Total: $1,294.97 Deposit Required: $0.00 Payments: $0.00 Balance Due: $1,294.97 MERRY MAKER04 lumparoos, Inflatables d f sessional Silliness 1401 -B South Sprague AveTacoma WA 98405 Phone (253) 572 -0172 Toll Free (800) 585 -1500 Fax (253) 572 -2726 www.merrymakers.net Page #:2 Invoice #:215370 INVOICE - ST Date: May 12, 2014 Contract due by: 5 -16 -14 Client Notes: Please check each item listed above for the quantity of power outlets (in parentheses) required. Make checks payable to: Merry Makers 1401 -B S Sprague Ave Tacoma, WA 98405 $30.00 fee on all NSF checks Past due invoices over 30 days accrue interest at the rate of 1.5 0/oper month. Your prompt payment is appreciated Uhank qjou! We app�reetate yota business. PAYMENT TERMS: Check to office before event Item Costs: $1,189.50 Supply Costs: $0.00 Holiday Fee: $25.00 Discount: $0.00 Sub- Total: $1,214.50 Tax: $80.47 Total: $1,294.97 Deposit Required: $0.00 Payments: $0.00 Balance Due: $1,294.97 MERRY AKER&" Jumpafoos, Infla£aoles 4 Pfofessional5iloness Venue Information Celebration Park Cody Geddes 253 - 835 -6926 1095 S 324th Federal Way WA 98003 tern Name JUMBO FUNHOUSE - 8008 FUNHOUSE JUMP -14088 KIDS 39 OC - 9085 ATTENDANT CR GENERATOR EVENT AGREEMENT - ST Order Date: Mon, May 12, 14 Event Details Date Times Delivery Window: Fri, Jul 4,14 12:OOPM - 06:OOPM Pick Up Window: Fri, Jul 4,14 09:30PM - 10:30PM Details on Invoice M 215370 1401 -B South Sprague Ave Tacoma WA 98405 Phone (253) 572 -0172 Toll Free (800) 585 -1500 Fax (253) 572 -2726 www.merrymakers.net Customer Information City of Federal Way 253 - 835 -6926 Fax: 33325 8th Ave. South Federal Way WA 98003 Ay I senace i ime uace s Agreement Due: 5.16.14 1 06:OOPM - 09:30PM Fri, Jul 4,14 - Fri, Jul 4,14 Balance Due Date: 07 -01 -14 1 06:OOPM - 09:30PM Fri, Jul 4, 14 - Fri, Jul 4,14 Total Price: $1,294.97 1 06:OOPM - 09:30PM Fri, Jul 4,14 - Fri, Jul 4,14 Payment Tems: Check to office before event 3 06:OO13M - 09:30PM Fri, Jul 4, 14 - Fri, Jul 4, 14 1 06:OOPM - 09:30PM Fri, Jul 4,14 - Fri, Jul 4,14 1. Merry Makers, Inc. (referred to herein as MMI) and its hired performers or crew expressly reserve the right to control the manner, means and details of the perfommanoe of services to fug the contracted requirements. Video taping or recording of performances is allowable only with Performer and MMI consent No part of the recording may be used commercially or publicly without written consent of MMI. 2. Customer confines that permission has been granted by the city/county /property owner to use the facility at the address named above, and that all requirements, licenses and permits needed for use have been met. MMI is not responsible for obtaining permits or licenses. 3. If Customer is providing staffing for this event, it will be the responsibility of any Customer - provided staff to supervise the equipment and the activities and to ensure the safety of participants. Customer - provided staff must be at least 18 years old and able to perform the required duties. Unless specified on invoice, NO ATTENDANTS are provided by MMI. 4. There shall be no penalty for cancellations received at least 30 days prior to the event date if no costs are incurred by MMI. For orders that are canceled within 29 days prior to the event date, Customer may receive an MMI credit of equal value to the mount paid. Credits must be used for another, mutually agreed upon, event within 12 months of the canceled event date. There will be NO credit given for any cancellations requested 24 hours prior to the start time even if the items ordered are not used with the possible exception of weather - related issues (see 4a). Any balance due under this agreement is due prior to performance of services (unless specifically detailed in Payment Terms above). Any additional time incurred beyond the reserved time will be prorated accordingly and charges added. MMI is not responsible for traffic jams or other unavoidable delays. MMI will make every effort to start services on time. Credits are transferable and dependent upon item availability. 4a. Weather - related cancellation policy: On the event day MMI staff will make the decision on whether the weather conditions require equipment substitution or if the equipment cannot be used. Covered Jumparoo bounce houses may often be used in rain shower forecasts. These bounce houses, if available and appropriate for participants, may replace larger, inflated rides like Obstacle Courses, Interactive and Slides if there are rain shower forecasts. The cost difference will be given as a credit to the Customer. Customers are responsible to keep the jump surface dry. in the case of severe weather conditions including high winds and constant rain, inflatable rides may not be used outdoors unless protected from the elements. In this instance, with MMI staff approval, an MMI credit for the amount paid will be issued to the Customer. Customer assumes all risks associated with weather- related delays and/or interruptions of the equipment or service once our crew is en route. Performers are not included in this weather - related policy. Customer must make efforts to protect the performers from all weather conditions including the sun for multiple hour events. 5. There must be an adult present and willing to sign our Rental Agreement/General Release during the entire delivery window. There will be a $20 charge for each quarter hour (15 minutes) that MMI crew rust wait onsite for the arrival of a Customer's representative and/or wait for the site to be ready. If necessary, MMI crew may depart without setting up equipment if no representative is available. There is NO credit given in this situation. 6. It is the responsibility of the Customer to ensure the activity area is adequate and cleared for the MMI equipment including staging. See the Event Notes sheet that follows for additional details. MMI is not responsible for sites in which the equipment will not fit or sites which may be wom or flattened by use of the equipment. Once the equipment is an route, 'd the surface on which the equipment is to be placed is changed, for example, from grass to concrete, the equipment may not be setup. Large items like slides and obstacle courses may incur an additional anchor fee when placed on concrete. There will be NO credits given due to site inaccessibility, inadequate space or the inappropriateness of the area selected. 7. For inflated amusement equipment requiring electricity, electrical supply must be available within 70 feet of the equipment Use of extension cods is not allowed, with the exception of concessions and non -rider games like Hoopshoot MMI is not responsible for inadequate power supplied by the Customer via host - supplied facilities and/or generators. If adequate electrical supply is not available, MMI may provide a generator at an additional fee and with advanced notice. There are NO credits given due to lack of electrical supply. 8. Each party shall defend, indemnify and hold the other party, its officers, offidals, emp/oyees and volunteers harmless from any and all claims, lrqunes, damages, causes of action, kisses costs (including attorney fees), suits or judgments, arising out of injuries and damages caused by the indemn/fy/ng partys negligence, WNW misconduct and vv/okOW of law. The Cusborner agrees to allow the MMI staff, t present, 5 minutes down time per hour for necessary staff breaks. 9. In the event that any provision, paragraph or part hereof shall be declared unlawful or unenforceable, the remaining provisions, paragraphs and parts shat continue in full force and effect Any action initiated to enforce the terms of this agreement by or against MMI, or the Customer, shall be submitted to binding arbitration with no appeal. Jurisdiction lies in Pierce County, WA. I have read, understand and agree to abide by at of the terms of this Event Agreement including the Event Notes sheet I am authorized to sign this contract on behalf of Customer. Facsimile signatures, facsimile agreements and Customer - acknowledged eeails of this agreement shall be treated as binding originals. CREDIT CARD PAYMENTS: I AUTHORIZE MMI TO CHARGE THE DEBIT /CREDIT CARD I PROVIDED THEM ACCORDING TO THE PAYMENT TERMS LISTED ABOVE AND CHARGE DAMAGE FEES, IF APPLICABLE. I UNDERSTAND THE POLICY OF MMI MAY OFFER COMPANY CREDIT INSTEAD OF REFUNDS FOR CANCELLATIONS REQUESTED WITHIN 30 DAYS OF THE EVENT. Customer Signature Date Merry Makers, Inc. Date: May 12, 2014 Print Name Title MMI Representative: Title Event Notes MERRYMAKERS ST Jumparoos, Inflatables 6 Professional Silliness KEEP & USE THESE NOTES TO MAKE YOUR EVENT RUN SMOOTHLY Customer: City of Federal Way Invoice #: 215370 Event Date: Fri, Jul 4, 14 Surface: Grass # of Attendants provided by Customer: 3 PRE -EVENT ❑ Reservation: Equipment and services ordered are not reserved until we receive a signed Event Agreement. Please fax, mail or deliver Event Agreement as soon as possible. Read the Payment Terms listed on the Event Agreement for detail on deposits and payment requirements. Any balance is due prior to setup of equipment or performance of service unless other arrangements have been made. ❑ Directions: If you are in a new development or hard to find, please send directions or a map of how to get to your location. If at a park, give specifics on how to find you (shelter #, area...). EVENT DAY ❑ Confirmation Call: You should receive a call from our delivery crew on the day of the event. They will inform you of the approximate time they will arrive. There must be an adult onsite willing to sign our Rental Agreement/General Release when our crew arrives to avoid additional costs or delays to your event. Performers will call their private party events either the day before or the day of your event. Businesses and organizations are generally confirmed via the office. ❑ Site: There must be cleared access route (3 feet minimum width) from our vehicle to your site. Stairs, steep banks or a narrow pathway can cause delays or possibly prevent equipment setup. The site needs to be flat and level. The space requirements are listed on the Invoice for each item, including height. Automatic sprinklers must be turned off. If equipment is wet from sprinklers there will be an additional cleaning fee. The Performer may discuss their space needs directly with you. ❑ Ground Surface: The site area must be clear of protruding rocks, branches, debris, pet droppings and any objects which may interfere with the use of, or cause damage to, MMI equipment. Placement of equipment on dirt will incur a cleaning fee. The surface choice (switching from grass to concrete, for example) may not be changed once our crew leaves the warehouse as specific anchors are used for each surface type. Please pick up grass clippings on recently - mown lawns. ❑ Electrical: Inflatable rides require a dedicated standard 120v outlet within 70 feet of the inflation fan. NO EXTENSION CORDS ARE ALLOWED. Concessions, however, may use an extension cord of at least 14 gauge wire. Check your power availability, especially at parks, before your event date. If adequate power is not available contact our office prior to your event date for the availability of renting our generators. The quantity of outlets needed is listed on the Invoice under the item. For customer - supplied generators, they must be at least 3500 running watts per outlet needed. ❑ Operation of Equipment: Our crew will give you instruction on how to safely operate the equipment and emergency procedures. Customer must supply the number of attendants, over 18 years old, listed above for proper operation of equipment. Follow rules listed on the front of each ride and written on the back of the Release. Remember to play safe while playing at your own risk. ❑ WEATHER: We recommend you have a foul- weather plan in case of inclement weather. In case of high winds, remove riders and deflate equipment. Jumparoos, if available and appropriate for participants, may be substituted for larger inflated rides like Obstacle Courses, Interactive and Slides if there is inclement weather. POST -EVENT ❑ Our crew will return during the pick up window, to take down the equipment. Please keep items inflated unless there is a safety concern. ❑ Please return our performance survey with any notes or go to menymakers.net to give us feedback. ❑ Tipping our crew and performers is always optional and always appreciated. For Emergencies about the equipment, call the delivery crew phone number that is on the Rental Agreement/General Release. You may also call the office at 253 - 572 -0172 or 800 - 585 -1500. By signing the Event Agreement, you also agree to follow these Event Notes.