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Home My Public Portal About091-2020 - Parks - Mandy Ford - Murials - Senior CenterAGREEMENT THIS AGREEMENT made and entered into this day of !6 ; 2020, by and between the City of Richmond, Indiana, a municipal corporation acting by� d through its Board of Parks and Recreation, with its office at 50 North 5t' Street, Richmon , Indiana, 47374 (the "City") and Mandy Ford, 3230 Forest Drive, Richmond, Indiana (hereinafter referred to as the. "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with the creation of a mural located at the Richmond, Indiana Senior Center located at 1600 South 2nd Street, Richmond, Indiana 47374. The Contractor agrees to create a mural consistent with direction provided by the City while employing her own artistic creativity and utilizing necessary supplies and materials designed to carry out the artistic requests conveyed by the City. Should any provisions, terms, or conditions contained in any 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. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required'certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3.. A purchase order has been issued by the Purchasing Department. SECTION 2. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor'and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION 3. COMPENSATION City shall pay Contractor the sum of One Thousand Four Hundred Fifty Dollars and 00/100 ($1,450.00) for complete satisfaction of the services described herein. Contract No. 91-2020 Page I of 6 SECTION 4. TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect until completion of the Project. Notwithstanding the term of this Agreement, the City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall inelude but not be limited to the following: a.. failure, for any reason of the Contractor to fulfill in a timely manner its obligations undefthis Agreement; b. submission byihe Contractor to the City of reports that are incorrect or incomplete in an material respect. c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City -shall be required.to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may, also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination; the portion to be terminated. SECTION 5. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and.thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of. or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements Page 2 of 6 B. Employer's.Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $100,000.00 $1,000,000.00 each occurrence $2,000,000.00 aggregate $1,000,000.00 each occurrence $1,000,000.00 each person $1,000,000.00 each occurrence $1,000,000.00 each occurrence $1,000,000.00 each occurrence $1,000,000.00 each aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000.00 each occurrence $2,000,000.00 each aggregate SECTION 6. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION 7. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS 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 Page 3 of 6 to remain in effect until the City procures anew contractor.. If this Agreement is terminated under this section, then pursuant to IC 22-571.7-13 (c) the Contractor will remain liable to -the City for actual damages. SECTION 8. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event the City determines during the course of this Agreement that this certification is no longer'valid, the 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 (9.0) 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. SECTION 9. PROHIBITION AGAINST DISCRIMINATION A. 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. B. Pursuant to Indiana Code 5-16-6-1, the, Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who -is qualified and available to perform the work to ' which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be 'deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and, Page 4 of 6 m 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited-, for a second or any subsequent . violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination -or intimidation shall be considered a material breach of this Agreement. SECTION 10. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION 11. MISCELLANEOUS 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. 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. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any. suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized "by his principal to execute this Contract. 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 the City in its efforts to enforce this Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity, 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. IN WITNESS WHEREOF, the parties have executed'this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. Page 5 of 6 "CITY" THE CITY OF RICEMOND; INDIANA by and through its Board of Parks and Recreation "CONTRACTOR" Mandy Ford 3230 Forest Drive Richmond, Indiana• 47374 By: Y�AOW4Azj�2LI Printed: Mj Approved: Date: U I 1 Snow, r Date: D ?- 2 V Z� dZ v 0 Page 6 of 6