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Home My Public Portal About113-2012 - Parks - Busy bouncing LLCSERVICES AGREEMENT THIS AGREEMENT is made and entered into this � day of �`L012, 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 Busy Bouncing, LLC, 403 Applegate Road, Englewood, Ohio, 45322 (hereinafter referred to as "Contractor"). WHEREAS, City is the sponsor of the "Family Fun Fest" and wishes to have delivery, set- up, and tear down services for an inflatable twister game, speed pitch, and cotton candy machine 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 "Family Fun Fest" event on Saturday, September 15, 2012 at the 10`" Street Park. 2. Contractor shall be retained by City to appear at the "Family Fun Fest" 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. City agrees to pay Contractor the sum of Five Hundred Eighty -Four Dollars and Zero Cents ($584.00) 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. 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. 7. Contractor agrees that the facilities provided by the City for Contractor's performance are being received in an "as-islwhere-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. Contract No. 113 -2012 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. 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. 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. 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 B William. Thistlethwaithe Superintendent Date: I ��— APPROVED: 4X4�� Sarah L. Hutton, Mayor Date: "CONTRACTOR" BUSY BOUNCING, LLC 403,A. plegate Road Engle od, OH 45322 By: Title: Date: IEXHIBITJ— L PAGE j 0(� Busy Bouncing, LLC "Where Bouncing is our business! Busy Bouncing, LLC 403 Applegate Rd. 2 Englewood, OH 45322 Date I,nva>ce 09/06/2012 3216 09/06/2012 (937)520-7446 adrnin@busybouncirig.com http://www.busybouricirig.com Blair Beach Richmond Parks A Recreation 50 N. 5th St. Richmond, IN 47374 Richmond Parks A Recreation Blair Beach 10th Street Park South 10th St. and Park Place Richmond, IN 47374 Please detach top portion and return with your payments Invo i ce $584.00 E E AQ , Speed Pitch • Test your skill and see how fast you can 1 275,00 275.00T throw the baseball, Discount • Customer Discount -1 28.00 -28.00T Inflatable • Inflatable Twister 1 250.00 250.00T Twister Serial Number: 1707 Ohio Plate Number: 11187 Discount • Customer Discount -1 25.00 -25.00T Cotton Candy • Cotton Candy Machine - Auto Breeze 1 50.00 50.00T Machine [)AB-00303 Discount • Customer Discount -1 25.00 -25.00T Silly Nilly Vanilla • Vanilla Cotton Candy 4 8.00 32.00T Cotton Can. Cotton Candy • Cotton Candy Cones 4 5.00 20,OOT Cones (Per 75) Delivery, Setup, • Delivery, Setup, and Tear Down 1 35.00 35.00T and Tear Down Thanks, we appreciate your business!!! 5ubTotal $584.00 Tax (0%) $0.00 Dayton: 937-520-7446 Columbus: 614499-9239 www.busybouncitig.com admin@busybouncing.com (937)520-7446 BUSY BOUNCING, LLC 403 Applegate Rd Englewood, Ohio 45322 937-520-7446 614-499-9239 **Rental Agreement' IEXHIBIT_L PA%W,. -W tp JAW 0allvillo RENTAL r)ATE-. 5TART TTME END TIME LESSEE: ADDRESS: PHONE NUMBER: ( ALTERNATE PHONE NUMBER: ( EMAIL ADDRE55 Inflatable Bouncer Rental Iin lam gg Re►z NCir��er Number 18'51ide Bouncer 14059,91904 9056 Mechanical Bull 11376 14'51ide Bouncer 78281 9795 24'Rock Climbin Wall Fun 140415e Boxing Dual Lane 17659RIICN 8438 Ring gungee Run 30'Cbstacle 75579,89346 8440, Disney Princess 74205 11142 Course Bouncer 11368 5 in I Combo Batman 5 in 1 21868 1130.9 Fun House Combo Bouncer Bouncer Castle Combo 4 77853 Carousel Bouncer 15806 11141 Combo Challenge 5 INT282226 10001 Beagle Head 15394 10731 Bouncer Bouncer Tropical Bouncer 07028303 8350 Tiger Head 11143 Bouncer Runt Run Toddler 508Q7612LPT 9647 Slip -N- Slide 89113, 89114 11366, Obstacle Course 11367 61adiator Joust 2178 10108 Inflatable 1707 Bouncer Twister 13 x 13 RM84933, 10475, Disney Princess 78003 9636 Aloonbounce RTM84932 10476 15 x 1.5 Bouncer Castle Fun House 75631, 77319 9055, Photo Booth Photo I Bouncer 10109 Mickey Mouse 73907 10725 2OX20 Tent Bouncer Sesame Street 72272 10726 2OX30 Tent Bouncer Item Ife►► Serial C?h o Ite FI't- $erial Ohrb R ented IVii�ttb�r P/ate Rei�te��c--- Numb9 er Plate Number � 11iuuap� 8'Banquet Table Inflatable Movie Movie 1 Screen 5'Round Table Inflatable Movie Movie 2 Screen with Audio / !Video Chairs Quebbie / SF11592A / Fender Speakers C6PF07002110 Dunk Tank Dunk-! Colors Carnival Game Dunk Tank Dunk 2 Numbers Carnival Game Inflatable Speed Speed 1 Plinko Carnival Pitch Game Indoor Fun House Cover the Do t Carnival Game Chocolate Choc I Ring Toss Fountain Carnival Game. Sno-Kone 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 Tic Tac Toe 2085 P- 6 016 731 Carnival Game Pucker Powder Pucker 1 Generator Mini Machine Air Brush Tattoos Air 1 Glitter Tattoos Glitter_I 40, obstacle 93547 12131 Course 1. QUIPMENT, 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. EXHIBIT PAGE -Z! Q 2 4. GENERAL RULES TO FOLLOW DURING USE OF THE BUSY BOUNCING, LLC INFLATABLE UNIT (Operator / Attendant Responsibility Checklist): a. Only compatible age groups and size shall play on the Busy Bouncing, LLC inflatable unit at the same 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 13x13 6 0 0 0 15 x 15 8 5-6 3-4 3 18 x 15 8 5-6 3-4 3 18 x 19 8 5-6 3-4 3 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 IS NOT ALLOWED. f. DO NOT jump onto or off of the side of the Inflatable Bouncer. 9. 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'5 SAFETY DEPENDS ON YOU. YOUR PERSONAL SUPERVSION IS A35OLUTELY REQUIRED. AS THE LESSEE OF THE BUSY BOUNCING, LLC INFLATABLE UNIT, THE SAFETY OF ALL RIDERS I5 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. j. 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. 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 -tie 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. (7) DO NOT USE ana 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...P I ease 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. EXHIBIT PAGE OF 3 6. Pre Operations Inspection Checklist: a. Weather conditions are safe for operation of all inflatable(s). b. Vinyl / Patterns clean and free of stains. c. Seams and mesh are secure and in good condition. d. Tie down straps are strong with no breakage. e. Inflatable(s) is staked in place and will be anchored at all times. f. Entrance safety net is secure and in place. g. Entrance / Exits are clear of obstructions and will remain clear. h. Entrance Ramp (If on unit) is secure and attached. i. Warning signs are clear and visible. ,j. Internal air pressure is sufficient to give a firm footing. k. No debris or sharp objects are present. 1. Passageways are clear of obstructions. m. Rope and footholds are strong and intact. n. Slide area is covered by an overhanging cover. o. Inflotable(s) should be clear of any utility lines 20' above ground, laterally, and not exposed below ground. p. Blower is clean and firmly attached to the inflatable(s). q. Blower is working and plugged into a GFCI 110v outlet. r. If using a generator, use all manufacturers' guidelines for operation. s. Electrical cords are free from wear and do not pose any trip hazards to patrons or guests. PLEA''5E IN�ABOI/EB}XIS"FOR..f�S I�INYNF1.ATA-..B..I:1S. QR ROGIE WAIGS:THAT YOtJ ARC fI=NTINC-� �. 7. 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 IS THE SUBJECT OF THIS RENTAL AGGREEEMENT. LE55EE AGRE55 TO OBSERVE ALL SAFETY PRECAUTIONS. LESSEE ALSO REPRESENTS AND WARRANTS THE SAFE RETURN OF THE INFLATABLE UNIT AND OR MACHINES. 8. MAINTENANCE: Lessee agrees to keep the Busy Bouncing, LLC inflatable unit and or machines in the some condition as when received, ordinary wear expected. 9. 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. 10. WARRANTY: Lessor warrants that the Busy Bouncing, LLC inflatable unit and or machines are leasedumder 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. 11. 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. EXHIBIT PAGE OF� M 12. 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. 13. 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. 14. 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. BUSY BOUNCING, LLC IS DETERMINED TO PROVIDE THE BEST SERVICE IN THE INDUSTRY. IT I5 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 5ATI5FACTORY 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. *** Pre Operations Inspections Checklist and Operator / Attendant Responsibility Checklist are reviewed and understood by renter. lesse?�i EXHIBIT PAGE OF 5