HomeMy Public PortalAbout070-2016 - Parks - Diana Pappin - Photography Services - Farmers Market - 7-2-16SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this �� day of J kA-VV- , 2016, by
and between Richmond, Indiana, a municipal corporation through its Board of Parks and
Recreation with its office at 50 North 51h Street, Richmond, Indiana, (hereinafter referred to as
"City"), and Diana Pappin, 3820 Oakview Drive, Richmond, Indiana, 47374 (hereinafter referred
to as "Contractor").
WHEREAS, City is the sponsor of an event at the 1 oth Street Park and wishes to have
the services of a photographer at the event (hereinafter "event services").
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, including the above stated recital, City and Contractor hereby agree as follows:
The City shall sponsor the July 2nd Farmers Market event on Saturday, July 2,
2016, at the 1 Oth Street Park at 10 a.m.
2. Contractor shall be retained by City to appear at the event on said date to provide
event services (photography services from 10 a.m. until noon) for the City.
3. City agrees to pay Contractor the sum of One Hundred Dollars and Zero Cents
($100.00) in full payment for services rendered and materials provided under this
Agreement.
4. Should any of the provisions, terms, or conditions contained in any of the
documents attached hereto as exhibits, or in any of the documents incorporated by
reference herein, conflict with any of the provisions, terms, or conditions of this
Agreement, this Agreement shall be controlling.
5. Contractor shall be deemed to be an independent contractor and is not an
employee or agent of the City of Richmond, Indiana, or the Richmond Parks
Department. The Contractor shall provide, at its own expense, competent
supervision of the completion of this Agreement.
6. Contractor agrees to indemnify City for any claim, injury, or other damage caused
by any negligent or intentional act performed by contractor or its employees,
agents, representatives, and crew.
Contract No. 70-2016
7. Contractor hereby agrees to release and hold harmless, City, its agents, employees
and independent contractors from any claim, cost, damage or liability arising out
of Contractor's service at the event, including, but not limited to any claim
resulting from an intentional act of any spectator, hotel guest or trespasser. It is
expressly agreed that City has no duty to provide any security or safekeeping for
Contractor's equipment or instruments and that in no way shall City be liable for
any act of theft or vandalism.
8. Contractor agrees that the facilities provided by the City for Contractor's
performance are being received in an "as-is/where-is" condition, with all faults
and that City, other than providing, reasonable space and electricity, does not
guaranty or represent that its facilities shall be suitable for any particular
performance or use.
9. In no event shall City be liable for any consequential or special damages incurred
by Contractor in connection with its performance or any cancellation of said
performance.
10. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana,
and suit arising under this Contract, if any, must be filed in said courts. Both
parties specifically waive any right to alternative venues or courts such party may
have whether such right arises under the laws of the State of Indiana, or any other
State of territory of the United States or the laws of the United States. The parties
specifically agree that no arbitration or mediation shall be required prior to the
commencement of legal proceedings in said Courts. By executing this agreement,
Contractor agrees that it will not raise and is estopped from raising, lack of
personal jurisdiction as a defense to any action brought in Wayne County,
Indiana.
11. This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
12. This Agreement is personal to the parties hereto and neither party may assign or
delegate any of its rights or obligations hereunder without the prior written
consent of the other party. It shall be controlled by Indiana law and shall be
binding upon the parties, their successors, and assigns. It constitutes the entire
Agreement between the parties, although it may be altered or amended in whole
or in part at any time by filing with the Agreement a written instrument setting
forth such changes signed by both parties. Any previous discussion, negotiation
or dialogue relating to the subject matter contained herein is expressly superseded
by this agreement. Furthermore, both parties agree that any no discussion,
representation or negotiation, other than that contained herein, has transpired
relating to the subject matter of this agreement and that neither party is relying
upon any negotiation or discussion that took place prior to this agreement.
2
13. In the event of any breach of this Agreement by Contractor, and in addition to any
other damages or remedies, Contractor shall be liable for all costs incurred by
City due to the enforcement of this Agreement, including but not limited to City's
reasonable attorney's fees. Contractor acknowledges that its services are unique
and that City is entitled to specific performance of the agreement or other
equitable remedies, if Contractor commits an act that amounts to an anticipatory
repudiation of this agreement.
14. In the event that an ambiguity or question of intent or a need for interpretation of
this Agreement arises, this Agreement shall be construed as if drafted jointly by
the parties, and no presumption or burden of proof shall arise favoring or
disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
15. Any person executing this Contract in a representative capacity hereby warrants
that he has been duly authorized by his or her principal to execute this Contract.
16. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any
person acting on behalf of Contractor or any sub -contractor shall not discriminate
against any employee or applicant for employment to be employed in the
performance of this Agreement, with respect to hire, tenure, terms, conditions or
privileges of employment or any matter directly or indirectly related to
employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
17. Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify
the work eligibility status of all newly hired employees of the contractor through
the Indiana E-Verify program. Contractor is not required to verify the work
eligibility status of all newly hired employees of the contractor through the
Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior
to the performance of this Agreement, Contractor shall provide to the City its
signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event
Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the
violation not later than thirty (30) days after the City notifies the Contractor of the
violation. If Contractor fails to remedy the violation within the thirty (30) day
period provided above, the City shall consider the Contractor to be in breach of
this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public
property, the City may allow this Agreement to remain in effect until the City
procures a new contractor. If this Agreement is terminated under this section,
then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City
for actual damages.
18. Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is
not engaged in investment activities in Iran. In the event City determines during
the course of this Agreement that this certification is no longer valid, City shall
notify Contractor in writing of said determination and shall give contractor ninety
3
(90) days within which to respond to the written notice. In the event Contractor
fails to demonstrate to the City that the Contractor has ceased investment
activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-
22-16.5. In the event the City determines during the course of this Agreement
that this certification is no longer valid and said determination is not refuted by
Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to
consider the Contractor to be in breach of this Agreement and terminate the
agreement upon the expiration of the ninety (90) day period set forth above.
IN WITNESS WHEREOF, the parties execute this Agreement effective the day and year first
above written, although signatures may be affixed at different times.
"CITY"
THE CITY OF RICHMOND, INDIANA by
and through its Board of Parks and
Recreation
Denise Retz
Superintendent
Date:
APPROVED: l
. Snow a
Date:
-22$-I(
"CONTRACTOR"
DIANA PAPPIN
3820 Oakview Drive
Richmond, IN 47374
By:
j4�-n�—
Diana Pappin
Date: �- A f Z7— e/G
UNIFORM CONFLICT OF INTEREST DISCLOSURE STATEMENT
�' 1) State Form 54266 (R / 6-12) / Form 236
�; nr STATE BOARD OF ACCOUNTS
Indiana Code 35-44.1-1-4
A public servant who knowingly or intentionally has a pecuniary interest in or derives a profit from
a contract or purchase connected with an action by the governmental entity served by the public servant
commits conflict of interest, a Class D Felony. A public servant has a pecuniary interest in a contract or
purchase if the contract or purchase will result or is intended to result in an ascertainable increase in the
income or net worth of the public servant or a dependent of the public servant. "Dependent" means any
of the following: the spouse of a public servant; a child, stepchild, or adoptee (as defined in IC 31-9-2-2)
of a public servant who is unemancipated and less than eighteen (18) years of age; and any individual
more than one-half (1/2) of whose support is provided during a year by the public servant.
The foregoing consists only of excerpts from IC 35-44.1-1-4. Care should be taken to review IC
35-44.1-1-4 in its entirety.
1. Name and Address of Public Servant Submitting Statement: Diana Pappin
3820 Oakview Drive, Richmond, Indiana, 47374
2. Title or Position With Governmental Entity: Member, Richmond Redevelopment Commission
3. a. Governmental Entity: City of Richmond, Indiana
b. County:
4. This statement is submitted (check one):
a.,( as a "single transaction" disclosure statement, as to my financial interest in a specific contract or
purchase connected with the governmental entity which I serve, proposed to be made by the
governmental entity with or from a particular contractor or vendor; or
b._ as an "annual" disclosure statement, as to my financial interest connected with any contracts or
purchases of the governmental entity which I serve, which are made on an ongoing basis with or
from particular contractors or vendors.
5. Name(s) of Contractor(s) or Vendor(s): Diana Pappin
6. Description(s) of Contract(s) or Purchase(s) (Describe the kind of contract involved, and the
effective date and term of the contract or purchase if reasonably determinable. Dates required if 4(a)
is selected above. If "dependent" is involved, provide dependent's name and relationship.):
Services Contract with the Richmond Board of Parks and Recreation to take photographs at the July 2, 2016 Farmer's
Market event.
Description of My Financial Interest (Describe in what manner the public servant or "depen-
dent" expects to derive a profit or financial benefit from, or otherwise has a pecuniary interest in,
the above contract(s) or purchase(s); if reasonably determinable, state the approximate dollar
value of such profit or benefit.):
One Hundred Dollars and Zero Cents ($100.00) for photography services.
(Attach extra pages if additional space is needed.)
Approval of Appointing Officer or Body (To be completed if the public servant was appointed by
an elected public servant or the board of trustees of a state -supported college or university.):
I (We) being the Mayor of
(Title of Officer or Name of Governing Body)
City of Richmond, Indiana and having the power to appoint
(Name of Govemmental Entity)
the above named public servant to the public position to which he or she holds, hereby approve the
participation to the appointed disclosing public servant in the above described contract(s) or
purchase(s) in which said public servant has a conflict of interest as defined in Indiana Code 35-
44.1-1-4; however, this approval does not waive any objection to any conflict prohibited by statute,
rule, or reg aulao-a-emd-i-s-nN to be construed as a consent to any illegal act.
David M. Snow, Mayor
Elected Official Office
Effective Dates (Conflict of interest statements must be submitted to the govemmental entity prior
to final action on the contract or purchase.):
G•28•l�
Date Submitted (month, day, year)
Date of Action on Contract or Purchase (month, day, year)
10. Affirmation of Public Servant: This disclosure was submitted to the governmental entity and
accepted by the governmental entity in a public meeting of the governmental entity prior to final
action on the contract or purchase. I affirm, under penalty of perjury, the truth and c mpleteness of
the statements made above, and that I am the above named publ' servant.
Signed:
(Signature of P blic S nt)
Date: 6 - Z &'— 2 D/ L
(month, day, year)
Within fifteen (15) days after final action on the contract or purchase, copies of this statement must be
filed with the State Board of Accounts, Indiana Government Center South, 302 West Washington Street,
Room E418, Indianapolis, Indiana, 46204-2765 and the Clerk of the Circuit Court of the county where the
governmental entity took final action on the contract or purchase.