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Home My WebLink AboutShade Today 4/2011 AGREEMENT THIS AGREEMENT, made on the 1st day of April, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Shade Today, 1401 W. Evergreen Dr, Appleton WI 54901(Contractor /Consultant & address) and the Oshkosh Area Community Foundation, Inc. WITNESSETH: That the City, the Oshkosh Area Community Foundation and the Contractor /Consultant, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor /Consultant shall assign the following individual to manage the project described in this contract: Aaron Grahek- Sales Manager - Shade Today B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: Bill Sturm- Forestry for the City of Oshkosh ARTICLE III. SCOPE OF WORK The Contractor /Consultant shall provide the services described in the City's Request for Proposals and Proposal of the Contractor /Consultant. If anything in the Proposal conflicts with the Request for Proposals, the provisions in the Request for Proposals shall govern. ( See attached) ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor /Consultant's request, such information as is needed by the Contractor /Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. 1 To prevent any unreasonable delay in the Contractor's /Consultant's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions / Contractor's proposal. April and May, 2010 ARTICLE III. PAYMENT A. The Contract Sum. The Oshkosh Area Community Foundation shall pay to the Contractor for the performance of the contract the sum of $74,275.50 adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor /Consultant shall submit itemized monthly statements for services. The Foundation shall pay the Contractor /Consultant within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor /Consultant a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by all parties prior to proceeding with the work covered under the subject amendment. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh and the Oshkosh Area Community Foundation harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Contractor /Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. 2 ARTICLE VI. TERMINATION A. For Cause. If the Contractor /Consultant shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor /Consultant. In this event, the Contractor /Consultant shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor /Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor /Consultant shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. CONTRACTOR /CONSULTANT CONTRACTOR /CONSULTANT Aaron Grahek Eileen Connolly - Keesler Oshkosh Area Community Foundation CITY OF OSHKOSH By:._., Agit / j Ma 1 A. Rohloff, Ci Manager Y 9 (Witness) And Pamela R. Ubrig, City CI t� 3 APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue 1,1 W /, ∎� _ under this contract. ', A. orne Ye.,,,,,,, City Co ller 4 WISCONSIN SALES AND USE TAX EXEMPTION CERTIFICATE Check One ► ❑ Single Purchase Continuous Purchaser's Business Name Purchaser's Address a30 O,r! /O ,5T Sv/rr /oe i OStvK05t# / !4 Ma1UA/ /) i (/N 14i /a OS K � l� 1 5`Ha — The above purchaser, whose signature appears on the reverse side of this form, claims exemption from Wisconsin state, county, baseball or football stadium, and premier resort sales or use tax on the purchase, lease, or rental of tangible personal property or taxable services, as indicated by the box(es) checked below. hereby certify that I am engaged in the business of selling, leasing, or renting: (Description of Property or Services Sold by Purchaser) General description of property or services purchased (itemize property purchased if "single purchase "): Seller's Name Seller's Address ^ K {� .i _::: ' t:•`. °; �+. . > :n4y%,f 3' ::<[ > •, Y- +.- '�'`�`-NI. - r �;i :;�'t�' yt ,t r ..7'�'t1:'+s�t4: :��*.s � t� r tPROPSB R EXE;MPT�tUSE 'i' , : vu .'.o .i.. '.. , .. w s,.:t.._ r.� .. . , ... 'a'ift'- +.� ,., .t.. . �?+3�t;1 , > acN✓ i ,. r,.. � �_ t ..�,,,.z .s>•hx�'f ';;.;t t„z�t ��1 ❑ Resale (Enter seller's permit or use tax certificate number) Manufacturing ❑ Tangible personal property becoming an ingredient or component part, or which is consumed or destroyed or loses its identity, in the manufacture of tangible personal property destined for sale, but not including fuel or electricity, unless the fuel or electricity is consumed or destroyed or loses its identity in the manufacture of shoppers guides, newspapers, or periodicals, whether or not destined for sale. ❑ Machines and specific processing equipment and repair parts or replacements thereof, exclusively and directly used by a manufacturer in manufacturing tangible personal property and safety attachments for those machines and equipment. ❑ The repair, service, alteration, fitting, cleaning, painting, coating, towing, installation, and maintenance of machines and specific processing equipment, that the above purchaser would be authorized to purchase without sales or use tax, at the time the service is performed thereon. Tools used to repair exempt machines are not exempt. ❑ Portion of the amount of fuel converted to steam for purposes of resale. (Percent of fuel exempt %) Farming (To qualify for this exemption, the purchaser must use ftem(s) exclusively and directly in the business of farming, Including dairy farming, agriculture, horticulture, floriculture, or custom farming services.) ❑ Tractors (except lawn and garden tractors) and farm machines, including accessories, attachments, parts and repair service. ❑ Feed, seeds for planting, plants, fertilizer, soil conditioners, sprays, pesticides, and fungicides. ❑ Baling twine and baling wire. ❑ Breeding and other livestock, poultry, and farm work stock. ❑ Containers for fruits, vegetables, grain, hay, and silage (including containers used to transfer merchandise to customers), and plastic bags, sleeves, and sheeting used to store or cover hay and silage. ❑ Animal waste containers or component parts thereof (may only mark certificate as "Single Purchase "). ❑ Animal bedding, medicine for farm livestock, and milk house supplies. ❑ Ali- terrain vehicles (ATV) used exclusively in farming, not licensed for public use. 3-211 (R.3-04) + , _ . _ .. a i; t Wisconsin Department of Revenue Federal and Wisconsin Enter CES No., if applicable Governmental Units ❑ The United States and its unincorporated agencies and instrumentalities and any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States. ❑ State of Wisconsin or any agency thereof; Local Exposition District, Professional Baseball Park District, or Professional Football Stadium District. ❑ Wisconsin county, city, village, or town, including public inland lake protection and rehabilitation district, municipal public housing authorities, uptown business improvement districts, local cultural arts district, and Fox River Navigational System Authority. El Wisconsin public schools, school districts, universities, and technical college districts. ❑ County -city hospitals or UW Hospitals and Clinics Authority. ❑ Sewerage commission, metropolitan sewerage district, or a joint local water authority. Other ❑ Containers and other packaging, packing, and shipping materials, used to transfer merchandise to customers of the purchaser. ❑ Trailers and accessories, attachments, parts, supplies, materials, and service for motor trucks, tractors, and trailers which are used exclusively in common or contract carriage under LC or IC No. t j to 5i1 Items or services purchased directly by and used by religious, charitable, educational, scientific, or other organizations p holding a Wisconsin Certificate of Exempt Status. CES No. j '358 1 f I ❑ Tangible personal property to be resold by on my behalf where w is registered to collect and remit sales tax to the Department of Revenue on such sales. u t.0 ❑ Tangible personal property or services purchased by a Native American with enrollment # who is enrolled with and resides on the Reservation, where buyer will take possession of such property or services. Z ❑ Tangible personal property becoming a component of an industrial or municipal waste treatment facility, including replacement parts, chemicals, and supplies used or consumed in operating the facility. U I— ❑ Portion of the amount of electricity or natural gas used or consumed in an industrial waste treatment facility. (Percent of electricity or natural gas exempt %) ❑ Electricity, natural gas, fuel oil, propane, coal, steam and wood used for fuel for residential or farm use. % of Electricity % of Natural Gas % of Fuel Exempt Exempt Exempt ❑ Residential ❑ Farm Address Delivered: ❑ Percent of printed advertising material solely for out -of -state use. ❑ Other purchases exempted by law. (State items and exemption). I hereby certify that if the item(s) being purchased are not used in an exempt manner, I will remit use tax on the purchase price at the time of first taxable use. I understand that failure to remit the use tax may result in a future liability that may Include tax, interest, and penalty. Auth ized Signature Title Date Nl Cdc9Un/P4 7` 3130 J/ l ca , vv.v,a N.4 03!19/2011 12:53 9206872135 SHADETIIDAYNLiRSERY PAGE 62 gt'ads Today Nlraery Work Ur Ler #tUbt 140i AP Evergreen Drive, Cr deed 311B/2E11 Appleton, WI, 54413 Associate: chadb 920.987.3100 Page 1 Proposal Frte: 3/161201112:34 :25 PM Storm 41 Bit To: Oshkosh Ana Gorrm,unity Foundatia Eaeen Corl1Dlly-lcae ter 230 Ohio WWI, Suite 100 Oshkosh, vat 54902 920A26,38113 928.426!17 fax Order Statx Open Oua Oats: iir s Tnis estrn;te includes All Saber and i talarsa!a for the project, lncii idng staking trees as needed 'nai dzd in this %Umeta is a two-year vea(ranty. If you have ary question, or new anyltireg else, p ease td i _ Thsnk Description Site Unit Attribute Order Price Eat Price Wren 058 Large 1- 3 8a 3Trvxs each 1014 *73.25 574.275.50 T 41.4% I Wu: $52,474.50 Parton t Wiled. 100 • I ubtotat $74.275.50 Local Shea Taff 5 %Tax. + $3.713.76_1 TOTAL $77,989.2 • tJapoa $0.00 Balance ma D e um 977 .999.28 It i9 the resoona lily of the CsiCtOrits • TO totals and ma* any pnvata service utility limas on AN properties Infidels AA manna+ is pupilage Iie as speclaed. etivrorK to be c smpralad Elsa manner aocsreinp to standard pnacii'ss. atterafcn ardavlador tam the above engines mot on earned b by Sleds Ti dray Mammy, l+a. aid Ne anis nerard may iesua+tl Cl n;@3 Ihe 1rrerpraJedpacAtagreement are son oosrntup itrikei.saddens or delays Pomp charge of 1 112% Permgnar afafr3I days. tayo+d our torirol.ONaiert: cm" ire, tornado and crier rs =nary Maranon. ar workers me trll er Workmen•s Conteisa7on ke ,wece. Accra, lance &Proposal -The above cos. epee tf . sit centiliters are 3aits.beary and try scooped. You to aulrariad b do bre work as satcrddsd. Payrner4efh te as as iIned above_ Cost n er Span Auto land AGCeDtrrGf 3iy stu r Thaler ye ► for atl&wing us to take care of all yam Landscaping needs 6 •