HomeMy Public PortalAbout060-2018 - Parks - Michael Ripburger - DJ - Middlefork ReservoirENTERTAINMENT AGREEMENT
THIS AGREEMENT is made and entered into this q day of_4_�, 2018,
by and between Richmond, Indiana, a municipal corporation through its'lloard of Parks and
Recreation with its office at 50 North 51h Street, Richmond, Indiana, (hereinafter referred to as
"City"), and Michael Ripberger (hereinafter referred to as "Contractor").
WHEREAS, City has a leasehold interest in certain property known as the Middlefork
Reservoir, located in Richmond, Indiana; and
WHEREAS, City desires to sponsor an opening day event at Middlefork Reservoir; and
WHEREAS, Contractor provides musical entertainment professionally, and desires to
arrange an appearance at the Middlefork Reservoir for the purpose of
providing entertainment.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, including the above stated recitals, City and Contractor hereby agree as follows:
Contractor shall be retained by City to appear at the Middlefork Reservoir on April
15, 2018, and provide musical entertainment beginning at 2:00 p.m. and ending at
4:00 p.m. Contractor shall be present at the Site and have necessary equipment in
a performance ready state at least one-half (1 /2) hour prior to the above -stated time
so that appropriate sound checks may be conducted in accordance with an
appointed City representative.
2. City agrees to pay Contractor a total sum of $_250.00_ in full payment for
services rendered under this Agreement.
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.
4. 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.
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 performance at the Plaza, including, but not limited to any claim
resulting from an intentional act of any spectator, hotel guest or trespasser.
Contract No. 60-2018
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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.
6. 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.
7. 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. In the event that the performance must be cancelled due to inclement
weather, or any act of God, the City, in its sole discretion, may determine that the
performance must be cancelled and will attempt to arrange a subsequent
performance at a later date, for which this Agreement shall, in all material respects,
control. The City, however, is under no obligation to ensure the rescheduling of a
performance, and if it cannot be rescheduled, the Contractor understands and agrees
that it would not be entitled to any fee referenced herein.
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.
9. 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.
10. 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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 (90)
days within which to respond to the written notice. In the event Contractor fails to
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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.
17. This Agreement shall become effective when signed by all of the parties hereto and
shall continue until such time that Contractor performs the services as set forth
herein. Notwithstanding the term of this Agreement, City may terminate this Agreement
in whole or in part, for cause, at any time by specifying the reasons for termination which
shall include but not be limited to the following:
a. Failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. Ineffective or improper use of funds provided under this Agreement;
c. Unavailability of sufficient funds to make payment on this Agreement.
This Agreement may also be terminated by either the City or the Contractor, in whole or
in part, by mutual Agreement setting forth the reasons for such termination, the effective
date, and in the case of partial termination, the portion to be terminated.
18. Contractor must utilize its own sound equipment; however, such equipment must be
approved by the appropriate City representative(s) prior to such use. Any use of personal
sound equipment will not interfere or cause damages, of any kind, to the sound equipment
owned, controlled or operated by the City. The City undertakes not responsibility for
Contractor's sound equipment and all provisions herein relating the release of liability and
indemnification apply to this section. In the event that the Contractor utilizes equipment
owned, controlled or operated by the City, it shall be responsible for any and all damages
that might result to such equipment due to the negligent or intentional acts of Contractor.
19. Contractor agrees that any person affiliated with Contractor will conduct themselves in
accordance with generally accepted principles of decorum and behavior when considering
that the performance is being endorsed by the City. Contractor shall refrain from using
foul language, and engaging in any other behavior that can reasonably be expected to
offend any spectator of the performance. The City shall have sole discretion in cancelling
this Agreement, at any moment, should it determine that this provision has been breached.
20. The person signing this Agreement on behalf of Contractor represents that he or she has
full and complete authority to execute the same and bind the Contractor, and any persons
affiliated with the Contractor to the provisions herein. The signatory to this Agreement is
either the sole Contractor, a member, principal, or shareholder of the Contractor, or has
been provided adequate agency authority to act on behalf of the Contractor.
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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
OUPU ILCuuCuL
Date- 4 9, S
APPROVED: i
%vtd- Sno r
Date: o 4rlog ( 8
"CONTRACTOR"
MICHAEL RIPBERGER
1
By:
Date:
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