HomeMy Public PortalAbout111-2013 - Parks - Jeff Templeton - Sound for August 10th ConcertSERVICES AGREEMENT
THIS AGREEMENT is made and entered into this -* day of m-s , 2013, by
and between Richmond, Indiana, a municipal corporation through its-1 Bo4rd of Parks and
Recreation with its office at 50 North 5'b Street, Richmond, Indiana, (hereinafter referred to as
"City"), and Jeff Templeton, 1034 Boston Township Line Road, Richmond, Indiana, 47374
(hereinafter referred to as "Contractor").
WHEREAS, City is the sponsor of the 2013 Summer Concert Series being performed
on August 10, 2013, and wishes to have sound and lighting installed for
the concert prior to said concert.
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. Contractor shall furnish and install rented equipment for sound and lighting for
the Summer Concert to be performed at Glenn Miller Park on August 10, 2013
(Little Frank and the Premiers Concert).
2. Contractor shall be retained by City to provide sound and lighting services to
install the equipment for the City prior to the concert to be performed on August
10, 2013.
City agrees to pay Contractor the sum of Five Hundred Fifty Dollars and Zero
Cents ($550.00) in full payment for services rendered under this Agreement.
Contractor's quote, consisting of two (2) pages, is attached hereto as Exhibit A,
which Exhibit is incorporated herein by reference. Contractor agrees to abide by
the same. Contractor shall be paid in accordance with the City's standard finance
and purchasing policies and practices.
4. 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. I
5. 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 performance in the Summer Concert Series, 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. 111-2013
6. Contractor agrees that the facilities provided by the City for Contractor's
performance are being received in an "as -is" and "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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
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12. 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.
13. 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.
14. 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.
15. 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.
16. 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
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that this certification is no Ionger 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"
THE CITY OF RICHMOND, INDIANA by
and through its Board of Parks and
Recreation
By:
Bill Thislethwa tte, Superintendent
Date: � — 9 -- 1 - -
APPROVED---� �L
Sarah L. Hutton, Mayor
Date: i5 q r
is
"CONTRACTOR"
JEFF TEMPLETON
1034 BOSTON TOWNSHIP LINE ROAD
RICHMOND, IN 47374
By:
Title:
Date:
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EXHIBIT Fk PAGE _I_0
Quote for PA Rental and Services
For
Little Frank and the Premieres, Richmond, IN
August PP, 2013
FOH (Front of house)
24 channel YAMAHA 01 V digital console 1 digital effects
DBX Drive Rack
TC Electronics Finalizer
YAMAHA 31 band stereo graphic EQ
6 — JBL MPR0215 Speakers (15" + horn)
4 — 18" subwoofers
5 — SHS2500 power amps
Sub Total -- $500.00
MONITOR SYSTEM
YAMAHA 01 V digital console (Aux sends from FOH)
1 — Berringer 31 band stereo graphic EQ
3 — YAMAHA SM12V monitor wedges
2 — Kustom 15 monitor wedges
1 — QSC power Amp
Sub Total - $125.00
LIGHT SYSTEM
12 - Par 56 stage lights with gels
1 - Three scene lighting console
2 - Dimmer packs and cabling
2 - Light stands
Sub Total - $125.00
MISCELLANEOUS
Shure SM58 mics
Shure SM57 mics
MXL 991 condenser mics
Boom mic stands
All necessary cables, power drops, etc. to make it all work.
EXHIBIT PALL' '���
Three man crew - FOH Engineer, Assistant Engineer/Stage Manager,
Key Grip/Runner (rigging and safety)
Total - $750/00
Multi show discount - $200.00
Total Due - $550.00
RENTAL AGREEMENT
Renter shall specify a timetable for delivery, set up, sound check and
performance.
Renter shall co-ordinate with event staff at venue.
Renter accepts equipment as is, and in proper working order.
If equipment is stolen, renter or venue staff will file a police report.
All equipment is used at renters risk.
Payment is due day of event. Make check payable to Jeff Templeton.
Date of rental — 8/3/13
Times:
Load in —10:00 am
Sound check — 4:00 pm (time approximate)
Performance — 8:00 pm to 10:30 pm
Location — Band Shell, Glen Miller Park, Richmond 1N
Rain location — Same
Total due - $550.00
Jeff Templeton
1034 Boston Twp. Ln Rd
Richmond, IN 47374
765-967-2432
ftemgletonaud6g aol. com