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Home My Public Portal About102-2013 - Parks - Busy Bouncy LLC - JukoSERVICES AGREEMENT C�_ e— THIS AGREEMENT is made and entered into this Ir day of It 1 , 2013, by and between Richmond, Indiana, a municipal corporation through its BoarcAf Parks and Recreation with its office at 50 North 51h Street, Richmond, Indiana, (hereinafte eferred to as "City"), and Busy Bouncing, LLC, 403 Applegate Road, Englewood, Ohio, 45322 (hereinafter referred to as "Contractor"). WHEREAS, City is the sponsor of an event at the Glen Miller Park Bandshell and wishes to have services provided in connection with airbrush tattoos, and delivery, set-up, and tear down services for cotton candy and popcorn rental machines, inflatable bouncer, and Jacob's ladder at the event (hereinafter "event services"). NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recital, City and Contractor hereby agree as follows: The City shall sponsor the event on Friday, July 12, 2013, at the Glen Miller Park at the Bandshell from 9 a.m. to 4 p.m. 2. Contractor shall be retained by City to appear at the event on said date to provide event services for the City. Contractor's quote to provide said services and materials is attached hereto as "Exhibit A" and incorporated herein by reference. Contractor agrees to abide by the same. 3. City agrees to pay Contractor the sum of Eight Hundred Dollars and Zero Cents ($800.00) 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. 102-2013 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 subcontractor 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. 16. 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. 17. 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 refitted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to 3 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 William is ethwaithe Superintendent Date: /,//- j APPROV D: G` arah L. Hutton, Mayor Date: r7lp "CONTRACTOR" BUSY BOUNCING, LLC 403 Applegate Road Englewood, OH 45322 LE Title: Date: t BUSY BOUNCING, LLC R 403 Applegate Rd 0* Englewood, Ohio 45322 S 937-520-7446 614-499-9239 "Rental Agreement" 151vvy 130tochlo RENTAL DATE: 5TART TIME END TIME LESSEE: ADDRESS: PHONE NUMBER: ( ALTERNATE PHONE NUMBER; ( EMAIL ADDRESS Rental Items; �terr`t item Serial .Ohio Item ten) t5�pia� `Oh�� Reird Number Plate Rented Number PIA�e Mechanical Bull Fun House RA-201265 8343 Boxing 24'Rock Climbing Inflatable Speed Wall Pitch Wrecking So# Slip -N-Slide 89113, 89114 11366, 11367 18'51ide 14059,91904 9056, Carousel Bouncer 15806 11141 11376 Gladiator.roust 2178 10108 Inflatable 1707 11187 Twister qyngee Run 176.58RrICN 8438 Photo Booth Batman 5 in 1 21868 11309 Beagle Head 15394 10731 Bouncer Disney Princess 5 74205 11142 Tiger Head 11143 in I Bouncer 40'Obstacle 93547 12131 Sesame Street 72272 10726 Course Bouncer 30'Obstacle 75579, 8.9346 8440, Mickey Mouse 73907 10725 Course 11368 Bouncer 14' Slide 78281 9795 Disney Princess 78003 9636 15 x 15 Bouncer Combo Challenge 5 INT28226 10001 Fun House RA-201265 8343 Bouncer Runt Run Toddler 508Q7612LPT 9647 Castle Fun House 75631, 77319 10109 Obstacle Course Bouncer Castle Combo 4 77853 11391 Indoor Fire RTM-94944 Truck Bouncer EXHIBIT PAGE 'tea} It nt 56AW `Oii►o 'rem 2tg ti Serra, 'Ohm Rented n Nrfm6er Plate Rented MurtiGer plate 'NrmEe►� 1lluriber 13 X 13 Bouncer RTM-84933, 10475, Inflatable Movie Movie 1 RTM-84932 10476 Screen Mini A/I Stars Inflatable Movie Movie 2 Pop -A -Shot Screen with Audio / Video Dunk Tank Tic Tac Toe Carnival Game 20 X 30 Tent Colors Carnival Game 20 X 20 Tent Numbers Carnival Game 8'9anquet Table Plinko Carnival Game Chairs Cover the Dot Carnival Game Chocolate Choc 1 Ring Toss Fountain Carnival Game Sno-Kane Machine 1888N SKI-03400 Corn Hole 1888U SKI-02500 Tabletop Carnival Game Cotton Candy EF-26854, Milk Can Toss Machine DAB-00303 Carnival Game Popcorn Machine 2656 USP19755 Generator 2085 P-6016731 Pucker Powder Pucker 1 Pony Hops Mini Machine Air Brush Tattoos Air 1 Giant Trikes Tropical Bouncer Jacobs Ladder 1. QVIPMENT, RENT AND TERMS OF RENTAL AGREEMENT: The undersigned, as Lessee, hires from Busy Bouncing, LLC, as Lessor, an inflatable Busy Bouncing, LLC unit. SEE COLLUMN ABOVE The Rental Fee as stated on the invoice provided separately is payable in advance from time of commencement, Start Time to End Time. 2. DELIVERY: To the street address specified above by Lessee (Customer). Lessee grants Lessor right to enter the property at the said street address ("Delivery Address") for the delivery and subsequent pick up of the Busy Bouncing, LLC inflatable unit and or machines at the specified time. 3. TRANSPORTAION EXPENSE: Except as provide herein, all charges in delivering and subsequent pick up of the Busy Bouncing, LLC inflatable unit and or machines with respect to the Delivery Address are included in the Rental Fee as stated on the invoice provided separately. In the event that the Busy Bouncing, LLC inflatable unit and or machines are not returned at the appointed time by Lessee to Lessor, then a $50.00 Transportation Fee shall be automatically imposed. EXHtsl7 PAGE '. OF -1 2 4. GENERAL RULES TO FOLLOW DURING USE OF THE BUSY BOUNCING, LLC INFLATABLE UNIT and Equipment (Operator / Attendant Responsibility Checklist): a. Only compatible age groups and size shall play on the Busy Bouncing, LLC inflatable unit at the some time. The maximum number of riders of each group that should play in the Busy Bouncing, LLC inflatable unit at one time are: Unit Size Children 10 & Under Children 10 to 12 Older Teens Adults 13 x 13 Moonbounce 6 0 0 0 15 x 15 Moonbounce 8 5-6 3-4 2 18 x 15 Combo Unit 8 5-6 3-4 2 18 x 19 Combo Unit 8 5-6 3-4 2 Mech Bull 1 1 1 1 Dunk Tank 1 1 1 1 Rock Climb Wall 3 3 3 3 30' Obstacle Crs. 2 2 2 2 40' Obstacle Crs. 2 2 2 2 Wrecking Ball 4 4 4 4 Runt Run Todd. Obst. 2 0 0 0 14' Slide 2 2 2 2 18' Slide 2 2 2 2 Joust 2 2 2 2 Bungee Run 2 2 2 2 b. Entrance into the Inflatable Bouncer should be orderly and in a controlled manner. c. Persons with mental or physical impairment should not be allowed to use the Inflatable Bouncer unless accompanied by a parent or guardian. d. All riders MUST REMOVE SHOES, SHARP OBJECTS, EYEGLASSES, AND JEWELRY before playing in the Busy Bouncing, LLC inflatable unit. e. To avoid neck and back injuries, FLIPS, SOMERSAULTS, DIVING, WRESTLING, AND ROUGH PLAY 15 NOT ALLOWED. f. DO NOT jump onto or off of the side of the Inflatable Bouncer. g. ONLY go down the slide feet first and do not go up the slide the wrong way. No more than 2 riders down the slide at one time. No jumping down the slide area. h. CHILDREN'S SAFETY DEPENDS ON YOU. YOUR PERSONAL SUPERVSION IS ABSOLUTELY REQUIRED. AS THE LESSEE OF THE BUSY BOUNCING, LLC INFLATABLE UNIT, THE SAFETY OF ALL RIDERS IS YOUR RESPONSIBILITY. THE OPERATOR / ATTENDANT SHOULD POINT OUT AND MAKE ALL RIDERS AWARE OF THE RULES POSTED ON THE WARNING SIGN OF THE INFLATABLE. i. The Inflatable Bouncer must be secured at all times. ,I. Absolutely no "Silly String," gum, candy, food, drink, or other sticky substances are allowed in the Busy Bouncing, LLC inflatable unit. If upon pickup, such cleaning is required then a $50.00 cleaning fee shall be automatically imposed. k. DO NOT MOVE the Busy Bouncing, LLC inflatable unit from the place where it was installed. if the Busy Bouncing, LLC inflatable unit moves, pull the corner back to its original location of installation. CAUTION: Keep the Busy Bouncing, LLC inflatable unit away from swimming pools. 1. 5. SPECIAL INSTRUCTIONS: The Busy Bouncing, LLC inflatable units are reliable. Should the Busy Bouncing, LLC inflatable unit begin to deflate: (1) The blower may have stopped, in which case, check the cord connection at the outlet near the blower. Remember to keep the blower attached to the outlet with no more than a 100 foot extension cord. (Stronger outlets are in the kitchen and in the laundry room). (2) Keep patrons / kids away from blower at all times. (3) If the blower is continuing to run, check the air intake on the side of the blower for blockage and check both the tubes at the back of the Busy Bouncing, LLC inflatable unit for snugness; Re -fie if necessary. (4) If the blower fails to operate, exit patrons / kids in an orderly fashion, turn off the blower, and keep everyone away from the inflatable bouncer. (5) If you cannot correct the problem, call us at 937-520-7446 (6) The use of a whistle and signaling devices by the supervisor is recommended. 3 EXHIBIT PAGE OF= (7) DO NOT USE and immediately deflate the Inflatable Bouncer if wind conditions exceed 15 mph or it begins to rain In the event of severe weather, power failure, or a medical emergency... Please exit patrons in an orderly fashion and away from the inflatables. Turn off the blower and unplug it from the power source. Keep patrons away from the inflatables and contact Busy Bouncing at 937-520-7446. PLEASE,IIVT'1�iAL�i1�01/E BOXES� FOR�AS'M�ANY'TN�I:ATABLES'�OR�ROCK�'Wi4L�L5�T�=fAT YODU�S�ARE�RE.NTIN6 6. SAFE OPERATION ACKNOWLEDGEMENT: LESSEE ACKNOWLEGES THAT HE / SHE HAVE BEEN INSTRUCTED ABOUT, AND FULLY UNDERSTAND THE SAFE OPERATION OF THE BUSY BOUNCING, LLC INFLATABLE UNIT AND OR MACHINES THAT 15 THE SUBJECT OF THIS RENTAL AGGREEEMENT. LESSEE AGRESS TO OBSERVE ALL SAFETY PRECAUTIONS. LESSEE ALSO REPRESENTS AND WARRANTS THE SAFE RETURN OF THE INFLATABLE UNIT AND OR MACHINES. 7. MAINTENANCE: Lessee agrees to keep the Busy Bouncing, LLC inflatable unit and or machines in the some condition as when received, ordinary wear expected. 8. ALTERATION AND ATTACHMENTS: No alteration in or attachments to the Busy Bouncing, LLC inflatable unit and or machines will be made without prior written approval of Lessor. 9. WARRANTY: Lessor warrants that the Busy Bouncing, LLC inflatable unit and or machines are leased under this Rental Agreement will be in good working order on the effective date of the Rental Agreement. The Busy Bouncing, LLC inflatable unit and or machines are supplied and maintained subject to this warranty. Lessor's obligation under this Rental Agreement is limited to repair or replacement of the Busy Bouncing, LLC inflatable unit and or machines when Lessor determines that it does not conform to this warranty. This warranty is in lieu of any and all other warranties expressed or implied, and of any and all obligations and of all liabilities on the part of the Lessor for damages, including but not limited to, consequential damages arising out of or in connection with the use or performance of the Busy Bouncing, LLC inflatable unit and or machines. 10. TITLE TO BOUNCING: Lessee aggress to keep the Busy Bouncing, LLC inflatable unit and or machines in his / her custody and not to sublease, rent, sell, remove from the delivery address, or otherwise transfer such Busy Bouncing, LLC inflatable unit and or machines. The Busy Bouncing, LLC inflatable unit and or machines will remain the property of the Lessor and may be removed by Lessor at any time after the termination of this Rental Agreement. 11. RELEASE OF LIABILITY. The Lessee shall be in charge of the operation of the Busy Bouncing, LLC inflatable unit and or machines and are fully responsible for its operation as well as return of the Busy Bouncing, LLC inflatable unit and or machines in good working order. Lessor and its officers, employees, and agents is / are not responsible for injury occurring to the Lessee or to any other persons using the Busy Bouncing, LLC inflatable unit and or machines. The Lessee further agrees to hold the Lessor and its officers, employees, and agents from / against any costs incurred due to claims from anyone and for attorney's fees and related costs involving the use and return of the Busy Bouncing, LLC inflatable unit and or machines, should legal action become necessary. EXHIBIT PAGE___}- GP..4 12. ENTIRE AGREEMENT: The Rental Agreement constitutes the full agreement between Lessor and Lessee. Time is of the essence in this Rental Agreement. The receipt of the Busy Bouncing, LLC inflatable unit and or machines that are subject of this Rental Agreement are in good working order and repair and this is so acknowledged by the Lessee. 13. RAIN POLICY: DURING PERIODS OF SEVERE WEATHER CONDITIONS (I.E. RAIN, HIGH WINDS, ETC), BUSY BOUNCING, LLC RESERVES THE RIGHT TO CANCEL LESSEES RESERVATIONS. IF CONDITIONS ARE NOT Too SEVERE, BUSY BOUNCING, LLC WILL GIVE LESSEE THE OPTION OF KEEPING THE BUSY BOUNCING, LLC INFLATABLE UNIT AND OR MACHINES OR NOT. IF LESSEE DECIDES TO KEEP THE BUSY BOUNCING, LLC INFLATABLE UNIT AND OR MACHINES FOR THE TERM OF THIS RENTAL AGREEMENT, THERE WILL BE NO REFUND. Lessor: BUSY BOUNCING, LLC By: Authorized Representative for BUSY BOUNCING, LLC By my signature, I accept this Rental Agreement and the delivery of the leased equipment. Lessergn�,5,01 BUSY BOUNCING, LLC IS DETERMINED TO PROVIDE THE BEST SERVICE IN THE INDUSTRY, IT IS THE RESPONSIBILITY OF THE BUSY BOUNCING, LLC REPRESENTATIVE TO MAKE SURE THE BOUNCER AND OR MACHINES ARE PROPERLY WORKING AND SECURED (BOUNCER) DOWN AND IN REASONABLY CLEAN CONDITION, IF YOU FEEL THAT THE BUSY BOUNCING, LLC REPRESENTATIVE HAS NOT DONE A SATISFACTORY JOB IN SEETING UP THE UNIT, PLEASE CALL US IMMEDIATELY. WARNING, DO NOT RELEASE THE BUSY BOUNCING, LLC INFLATABLE UNIT AND OR MACHINES TO ANYONE. ONLY RELEASE THE BUSY BOUNCING, LLC INFLATABLE UNIT AND OR MACHINES TO THE SAME REPRESENTATIVE WHO DROPPED THE INFLATABLE UNIT AND OR MACHINES OFF. YOU AS LESSEE ARE FULLY RESPONSIBLE FOR THE BUSY BOUNCING, LLC INFLATABLE UNIT AND OR MACHINES. LS'ttts� c° s *** Pre Operations Inspections Checklist and Operator / Attendant Responsibility Checklist are reviewed and understood by renter. .esseei n x s Lessee Sprint f , EXHIBIT PAGE G _OE- Busy Bouncing, LLC "Where Bouncing is our business! Busy Bouncing, LLC Invoice 403 Apple ate Rd. EnglewoodgOH 45322 (937)520-7446 perry@busybouncing.com http://www.busybouncing.com Blair Beach Richmond Parks & Recreation 50 N. 5th St. Richmond, IN 47374 07/12/2013 3537 `0Dc�eDate 07/12/2013 Richmond Parks & Recreation Blair Beach Glenn Miller Park 2200 E. Main St. Richmond, IN 47374 5 Amo nfiDi�e�;? $800,00 7!7 I']easc detach top portion and rctLu n with your payinenl- -'�4^q%'f'np.s 1 a • i a y g��: �^, �eam7.,�,�v.,.'`fi,K^Q,u .wtr"-a"""v':i Yk2f^� S-' :'� 'a .yt- --€ r n r^' i1..`w '^o ^Y -0Pr3Ic q�`�x�y`,';1'rY _'..7` T.�'r•W n`. i 1:- CA /t�G' .,;;.Lq,3 3;.., ? Jacobs Ladder • Climb across the ladder against your 1 T opponent to see who can get to the top first. Carousel Bouncer • Great for any Big Top Carnival Theme! 1 T Serial Number: 15806 Ohio Plate Number: 11141 Air Brush Artist • Air Brush Artist 1 T Popcorn Machine • Popcorn Machine 1 T Model Number: 2656 Serial Number: U5P19755 Popcorn Kits • Mega - Pop Popcorn Kits: 8 oz. bag of 30 T pre -measured popcorn, butter, & Salt. Popcorn Bags • Popcorn Bags. 1.1 oz. bag, 3 T (Per 100) Cotton Candy • Cotton Candy Machine - Econo Floss 1 T Machine (EF) EF-26854 Continue to the next page www.busybouncin(i.com perry@busybouncinq.com (937)520-7446 EXHIBITPAGE ILOF Paqe 2 of 2 'S+ k 1 �� S.t ,�Mll' : y� �Tem "r�.ta� - tiiY t� 4✓.J')'s _�' S {,}� C_ }:3. t. jai w ' { "'^bi'�iwX. 4 V � F 13 xo: ; , ,ass Description _........,. hl •''.i ".. i\'.l-'i � Quantity � :: '1. l � Price 1. h^' Chi )\ `� �,)�C - Amount Boo -Blue • Blue Raspberry Cotton Candy 2 T Raspberry Cotton Candy Silly Nilly Vanilla • Vanilla Cotton Candy 3 T Cotton Can. Cotton Candy • Cotton Candy Cones 5 T Cones (Per 75) Delivery, Setup, • Delivery, Setup, and Tear Down 1 T and Tear Down TOTAL • Total for the event 1 800.00 800.00T Thanks, we appreciate your businessN SubTotal $800.00 Tax (O'/o) $0 00 Dayton: 937-520-7446 7 Sr iA'f 'Total gE0000: Columbus: 614-499-9239 n t-ax: J3I-rs�c-yoio www,busybouncing.com perry@busybouncinq.com (937)520-7446