HomeMy Public PortalAbout088-2014 - Parks - Jeff Templeton - Sound for concert seriesSERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , u 2014, by
and between Richmond, Indiana, a municipal corporation through its Board oaf Parks and
Recreation with its office at 50 North 5t' 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 2014 Summer Concert Series being performed
on July 26, 2014, 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 July 26, 2014
(Showcasing the Jay Jesse Johnson Band).
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 July 26,
2014.
3. 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 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.
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 service 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 and that in no way shall City be liable for
any act of theft or vandalism.
Contract No. 88-2014
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 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 he 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.
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
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.
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
B�
Bill Thislethwaite, Superintendent
Date: 7-21- 1'1'
"CONTRACTOR"
JEFF TEMPLETON
1034 BOSTON TOWNSHIP LINE ROAD
RICHMOND, IN 47374
By:
Printed: J
APPROVED. � � Title: D`44,e
Sarah L. Hutton, Mayor
Date: 7—
Date:
v
CONTRACT REQUEST FORM
1. Date contract needed (Clerk or agenda
Submitted to Law*:
2. Board/Commission that will approve c9fitract YCN- _V— OLl 4�1
3. Has bid been awarded? S Date awarded or expected:
4. Is this a Common Construction W 1111111111ge Pro'ect? ' -�
5. Brief scription of work to performed or supplies to ishe
6. Name and addras of Contractor to be
7. What m thod was used to request bids?
Professional Services
Request for Proposals
\ Request for Qualifications
Est-w -Two Ln �d
12 ��hwtal / N' `i 737q
one)
�Request
State Quanny'Purchase Bid/Quote
. at date was the Bid Specification/RFP/RFQ/QPA sent out or requested?
9. ate of Contractor's Response/Proposal/Bid*.
Did the Contractor supply you watcations1RFP/Bid
s of insurance, warranties, etc.?
1. In what office are the Bid Speciile with the City?
12. Amount to be paid to ContractoTerm of Contract:
13. Any other relevant information:{� I rAu\,ear o � e ��
15. SubmittedBy:01,�O�U E6-1& Department:. &��LLt�
*Please complete and return, along with Contractor's response and any and all attachments or
exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Incomplete
submissions will be returned to the Department Head.
January 2011
Affidavit of Employment Eligibility Verification
The Contractor. Jf'a'; -'� u al'lirms under the penalties of perjury that
Contractor does not knowingly employ an unauthorized alien. IPContractor is sell' employed
and does not employ any employees, Contractor verifies he or she is a United States citizen
or qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and
shall not retain an employee or contract with a person that the Contractor subsequently learns
is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and
verified the work eligibility status of aft newly hired employees of the contractor through the
Indiana E-Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a
subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true
J
Dated this day of 20/Y
(Sign�tur'e) L
7 J� a�� le•.,bl� ati
(printed name)
From: itempletonaudio
Sent: Friday, May 23, 2014 11:30 AM
To: Alisha Estabrook
Subject: Re: Sound for Summer Concerts
Hi Alisha,
I still have that date open, so I'll go ahead and put it in my calendar. The price will be the same. Either
place would be fine with me, just let me know as soon as you know for sure. I've worked with Jay a
couple of times before, so I pretty much know what to expect, but it would be good to get a tech
rider in case something has changed.
Thanks,
Jeff
-------- Original message --------
From: Alisha Estabrook<aestabrook@rich mondindiana.gov>
Date:05/21/2014 8:32 AM (GMT-05:00)
To: Jeff aol <jtempletonaudio@aol.com>
Subject: Re: Sound for Summer Concerts
Hi Jeff,
I know it's been awhile since I talked to you last. I'm very sorry about that. I am still learning the ropes
of this position. With all of that being said, two of the groups we've hired want to do their own
sound/light for their concerts. The last one, on July 26, is Jay Jesse Johnson. He would like to have
sound and light provided for him.
Would you still be available for that day? I don't have Jay's contract, rider, or any other paperwork
yet, but I can send anything I get over to you as soon as I can.
We're also trying to do something special that day, and not have the concert at the Bandshell. We're
playing around with the idea of having it by the Park Office, and having food trucks around the pond
and more. Just to keep you in the loop. However, if we find out we don't have that capability, we'll
have it at the Bandshell.
Last year, we paid you $550.00. Is that the amount you'll be looking at again, or do you have a
different fee?
Let me know,
Alisha Estabrook
Community Recreation Coordinator
Richmond Parks and Recreation