HomeMy Public PortalAbout168-2019 - Parks - Terry Vogt d-b-a - V...e and Buggy for Festival of LightsSERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of AOV , 2019, by and
between Richmond, Indiana, a municipal corporation through its Board of Parks and Recreation with
its office at 50 North 5th Street, Richmond, Indiana, (hereinafter referred to as "City"), -and Jerry Vogt
dba Vogt Farms, 12115 North State Road 129, Batesville, Indiana, 47006 (hereinafter referred to as
"Contractor").
WHEREAS, City is the sponsor of the "Celebration of Lights" event to be held on
Saturday, December 7, 2019, from 6:00 p.m. to 9:00 p.m. and wishes to
provide horse and wagon rides during said event.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, including the above stated recital, City and Contractor hereby agree as follows:
1. The City shall sponsor the "Celebration of Lights" event on Saturday, December 7,
2019, from 6:00 p.m. to 9:00 p.m.
2. Contractor shall be retained by City to appear at the "Celebration of Lights" event on
said date and time to provide horse and wagon ride services for the City.
3. City agrees to pay Contractor the sum of Six Hundred Dollars and Zero Cents
($600.00) in full payment for services rendered and materials provided under this
Agreement. Contractor's proposal is attached hereto as Exhibit A, and incorporated
herein by -reference. Contractor agrees to abide by the same.
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. 168-2019
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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.
1 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.
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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
r 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. Additionally, both
City and Contractor agree to comply with all applicable Americans with Disability
Act (ADA) requirements and Title VI Civil Rights Act non --discrimination
requirements.
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.
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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 (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
Byenise Retz, Superinten�tefit
:(l
Date: 14 I
F-MAIV-901-00-wel
Date:
"CONTRACTOR"
JERKY VOLT DBA VOGT FARMS
12115 North State Road 129
Batesville, IN 47006
v
By:
Title:
Date:
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