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Home My Public Portal About126-2012 - Parks - Vogt Farms - Horse & Wagon Rides - FestivalSERVICES AGREEMENT THIS AGREEMENT is made and entered into thiz3 day of , 2012, by and between Richmond, Indiana, a municipal corporation through its Board of Parks and Recreation with its office at 50 North 5' 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 1, 2012 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 1, 2012, 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 Four Hundred Fifty Dollars and Zero Cents ($450.00) in full payment for services rendered and materials 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 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. 6. 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. Contract No. 126 -2012 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 2 13. 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. 14. 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. 15. 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 CORPORATION agree to comply with all applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements. Ib. 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. (Signature page to follow.) 3 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 BOARD OF PARKS AND RECREATION By Z--Te-� William Thistlethwaithe Superintendent Date: l o "-S/-- / L "CONTRACTOR" JERRY VOGT DBA VOGT FARMS 12115 North State Road 129 Batesville, IN 47006 By: �) Title: APPROVED: Date: Sarah L. Hutton, Mayor Date: l/ 7 4 1.1716/2012 14:06 8129346160 SOUTHEASTERN INSURAN PACE 01/01 CERTIFICATE OF LIABILITY INSURANCE DATE(MWYWNYYYI 11/1612012 THIS CERTIFICATE 1S 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: E the certificate holder Is an ADDITIONAL INSURED, the poliey(ies) must be endorsed. N SUBROGATION IS . subject to the berms acid conditions of the policy, certain policies may require.an endorsement. A statement on this cartifieate dare not confer rights to the -certificate holder In lieu of such endorsemen s . PRODUCER Southeastern Insurance P.O: Boz 205 Village, Road f3ateaville 1N 47006 CONTACT LUKE KAISER PxoNf; `Si2 934-3209 812 93"160 1"AIL Iu outheastem ins.eom wsuRegisi AFFoRUING COVERA� N(11G INsuRes b : CAPITOL SPECIALTY 1RSURANCE INSURED .Ieny Vogt 12M N-State Road 129 Batesvllle 4N i47006 NORF-RD; iNSURER. 0 Irlsu�attr~ eN URER F : rrrsueowsaee r_=a,•rrrrrATe ruruaQ¢o. RPUMInN Nunfihih- e 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 1,1WRrEAU1REMENT, TERM OR CONDITION OF ANY CONTRACT OR 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. - TYPE OF INSURANCE ADDL U POLICY NUMOM POLICY EFF 0511412012 POLICY g Ljurrs A GENERAL IdIMULrIY X COMMERCIAL GENERAL LIABILITY C6AIMS MADE � OCCUR CS00325516.12 06/1412013 EACH OCCURRENCE 500,000 DAMAGE TO RENTED (Ea ., S 100 000 mw; > j (A o2� �n 5,000 PER80NAI. S AJ)V INJURY $500,000 GENERAL AGGREGATE 4500,000 GEN'L AGGREGATE LIMIT APPLIES PER: X PQLICY PRO. _ L00 PRODUCTS . COMP/OF' AGO S 500 000 g AUTOMOBILE L1A61LrFY Mn AUTO ALL OOYUNED SCHEDULED AUTAUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT. Bon1LY INJURY (Per Person) S 8013ILYINJURY (Par sadder) S PROPERTY DAMAGE S S UMMELLALIAS EXCESS LIAR OCCUR C1.AIMSMADE EACH OCCURRENCE AGOREGATP S DED RErEwnaws WORKERS COMPENSATION AND EMPWYgFW LIABILITY N ANY PROPRIETORIPARTNERIESCBGUTI OFPICERIMEMBER EMLUDED? {Mdalaey In NW) - - IT es delCfibe L1nCier NS be NIAm, - - TOCR �ATU OTW B,L. EACH ACC1p , NT E.L. DISEASE - EA EMP OY E.L. DISEASE - POLICY LIMIT I S - S DFS0P0;hON'OF OPERATIONS / LOCATIONS I VExICLES (Attach ACORD lai. Adeaffonal Ramarks Schadulo.If more apace is required) CARMAW-OPERATION LcrcllrlLiRlcflvL.UCti GAN{:CLLRItrJIY - Mchmohd Furllitum Gallery SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE.CANGELLED BEFORE 184 Fort Wayne AYeI4De THE . EXPIRATION DATE THEREOF,. NOTICE MALL _ BF_ DELIIVIERM ey ACCORDANCE WITH THE POLICY PROVISIONS. Richmond, IN.47374 AUTHORIZED REPRESENTATIVE iSIP Fax: 65 939-3349 Q)1908-2010 ACORD CORPORATION. All rights reserved. pctiRn ��r�n lnmsi T'b Al` Pn ..-- •ind logo are registered marks of ACORD . Received Time Nov, 16. 2012 2: 9PI'No- 3513