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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.