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HomeMy Public PortalAbout021-2022 - Shari Veach - yoga services SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 7111 day o€- . , 2022, by and between Richmond, Indiana, a municipal corporation through its Board of Parks and creation with its office at 50 North 5th Street, Richmond, Indiana, (hereinafter referred to as "Ci "), and Shari Veach, 205 South 19th Street,Richmond,Indiana, 47374, (hereinafter referred to as "Contractor"). WHEREAS, City, by and through its Parks Department, wishes to retain the services of a fitness specialist to lead classes for yoga as well as other fitness classes (hereinafter"fitness specialist services")for the Richmond Parks Department. 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 certain yoga classes and other fitness classes at the Parks Department at locations yet to be determined on days and times yet to be determined and at the Richmond Senior Community Center on days and times yet to be determined, during the 2022 through the 2023 calendar years at the Richmond Parks Depai intent. 2. Contractor shall be retained by City to appear at the Parks Department or at the Richmond Senior Community Centers on days and time yet to be determined to provide the fitness specialist services as described herein for the City. 3. City agrees to pay Contractor a total sum not to exceed Thirty Dollars and Zero Cents ($30.00) per hour for the services rendered in accordance with this Agreement. The total annual payment based on the hourly rate shall depend on the number of classes ultimately scheduled or requested by the Parks Department, provided that the total annual amount to be paid to Contractor shall not exceed Five Thousand Dollars and Zero Cents ($5,000.00) each year as full payment for services rendered and material's 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. Contract No. 21-2022 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. 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 of this Agreement 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 of this Agreement or any cancellation of said services. 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 2 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. 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 or she 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. 3 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. 19. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government,the State of Indiana, or local government. [Signature Page to Follow.] 4 IN WITNESS WHEREOF, the parties execute this Agreement effective as of January 1, 2022, although signatures may be affixed at different times. "CITY" "CONTRACTOR" THE CITY OF RICHMOND, INDIANA by SHARI VEACH and through its Board of Parks and Recreation 205 South l9th Street Richmond, Indiana,47374 B ., 0 fif, By: 9A4g44- v Y• enise Retz, Superintendent I Date: 7 • 22 Printed: a11.UU V W 1 ` APPROVED: / itle: y04q&. (hS OD r- ay' M. Snow Date: D-71 d Z�ZZ Date: 271 rim a.6)-I'' 5 ACORD CERTIFICATE OF LIABILITY INSURANCE • DATE(MM!DDIYYYY) Acct#: 2775741 01/04/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such-endorsement(s). PRODUCER - CONTACT Lockton Affinity,LLC PHONE FAX 10895 Lowell Avenue,Suite 300 (A/C.No.Extt: (A/C,No): E-MAIL Overland Park,KS 66210 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Beazley Insurance Company Inc. 37540 INSURED - - Shari Veach INSURER B; 205 S 19TH ST INSURER C: RICHMOND,IN 473745715 INSURER D INSURERE: - INSURER F c. - COVERAGES_ • .- CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR-MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR E ADDL SUER POLICY EFF POLICY EXP - - LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL-LIABIIJTY EACH OCCURRENCE $ N/A X CLAIMS MADE OCCUR DAMAGE TO RENTED NIA PREMISES(Ea occurrence) $ X Professional Liability MED EXP(Any one person) $ $2,0001$50,000 aggregat A V14NJQ22PD00 01/30/2022 01/30/2023 PERSONAL&ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: - - GENERAL AGGREGATE $ 1,000,000 X lPOLICY jE7 ' LOC PRODUCTS-COMP/OPAGG $.Excluded OTHER: EACH CLAIM $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO - ." - BODILY INJURY(Per person) $ • • ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ - - AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION . - PER OTH- AND EMPLOYERS'LIABILITY - YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT ' $ OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ Fire Legal Liability • Any one fire or Water $100,000 A Damage(each claim and aggregate) DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) - Master Policy Holder.National Professional Purchasing Group Association,Inc. - - - The Insured listed above is a member of the National Professional Purchasing Group Association,Inc.The Insurance afforded by the certificate issued to the member named above is subject to all the terms,. exclusions,and conditions of the master policy to Which It refers.Limits may have been reduced by paid claims and expenses. • - - - - - • • • • CERTIFICATE HOLDER - CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PROOF OF COVERAGE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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