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HomeMy Public PortalAbout079-2021 - Parks - Fun for All Celebration LLC - Balloons twister for Father Daughter Walk SERVICES AGREEMEN crp, THIS AGREEMENT is made and entered into this day o' 44 , 2021, by and between Richmond, Indiana, a municipal corporation through its 1:oard of Parks and Recreation with its office at 50 North 5th Street, Richmond, Indiana, (hereinafter referred to as "City"), and Fun For All Celebrations, LLC, 712 Beery Boulevard, Englewood, Ohio, 45322 (hereinafter referred to as "Contractor"). WHEREAS, City is the sponsor of an event at Glen Miller Park and wishes to have the services of two (2) clown balloon artists at the event (hereinafter "event services") for two (2) hours at 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 June 17, 2021, Father Daughter Walk on Thursday, June 17, 2021, at the Glen Miller Park from 6 p.m. to 8 p.m. 2. Contractor shall be retained by City to appear at the event on said date to provide event services for the City. 3. City agrees to pay Contractor the sum of Four Hundred Fifty Dollars and Zero Cents ($450.00) in full payment for services rendered and materials provided under this Agreement. Contractor's quote dated June 2, 2021, is attached hereto as Exhibit A and 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. 79-2021 . 1 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" • "CONTRACTOR" THE CITY OF RICHMOND,INDIANA by FUN FOR ALL CELEBRATIONS, LLC and through its Board of Parks and 712 Beery Boulevard Recreation Englewood, OH 45322 / .__ y// 1 / ii1i,,,e/,._P i ti_i_•i/i1 c_ B : . B . , ' Deni Retz, Superintendent , Amy drano Date: IP ` I 1- . - " Lf Title: a n e l ,* Ii i X APPROVED:f Date: 5/ f • . Sn May Date: © 4 lc/mot • • . I fry�� ,7 i� ''� ,r\ 4{' `4 �1� 0�� Cll._ r Invoice/Contract for Entertainment purposes Date and time of event: Thursday, June 17, 2021/6-8pm Client/Event:Richmond Parks and Recreation/Father Daughter walk Location: Glen Miller Park, 2200 E Main St, Richmond, Ohio 47374 Contact/Phone Number: Alyssa Soria/765-983-7426 Description of Services Proposed Entertainment: 2 Clown Balloon Twisters . Cost: $250 for first clown ($150 for first hour $100 for second) $200 for second clown ($100 for first hour $100 for second) , TOTAL-$450 Payment may be made by either check ($25 process fee for bounced checks), cash or credit card by the end of performance unless special arrangements are.made Amy- Medrano 06/02/2021 Fun For All Celebrations, LLC Date EXHIBIT PAGE OF Representing Client Electronic Signature Date 712 :Beery Blvd . Englewood, Ohio 45322 . 937-998-8010 Invoice# 236 EXHIBIT. A- -PAGE I OF I