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Home My Public Portal About091-2015 - Parks - Silly Safari Show - Mother son date nightSERVICES AGREEMENT THIS AGREEMENT is made and entered into this t 1 day of , 2015, by and between Richmond, Indiana, a municipal corporation through its Bo of Parks and Recreation with its office at 50 North 50' Street, Richmond, Indiana, (hereinafter referred to as "City"), and Silly Safari Shows, Inc., 12106 Southeastern Avenue, Indianapolis, Indiana, 46259 (hereinafter referred to as "Contractor"). WHEREAS, City is the sponsor of the "Mother -Son Date Night" event (hereinafer "event") at the Glen Miller Park and wishes to have services provided in connection with a forty-five minute children's animal show at the event (hereinafter "event services"). NOW, THEREFORE, in consideration of the mutual promiges and covenants herein contained, including the above stated recital, City and Contractor hereby agree as follows: 1. The City shall sponsor the event on Tuesday, August 11, 2015, at the Glen Miller Park (former) golf course from 6 p.m. to 8 p.m. 2. Contractor shall be retained by City to appear at the event to provide event services for the City. 3. City agrees to pay Contractor the sum of Two Hundred Seventy-five Dollars and Zero Cents ($275.00) in full payment for services rendered and materials provided tinder 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, presentatives, and crew. 6. Contractor hereby agrees to release and hold harmless, City, its gents, 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. J Contract No. 91-2015 Lr 1 7. Contractor agrees that the facilities provided by the City for Contractor's performance are being received in an "as-istwhere-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 attomey'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 t 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 or she 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. 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 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" "CONTRACTOR" THE CITY OF RICHMOND, INDIANA by SILLY SAFARI SHOW, INC. and through its Board of Parks and 12106 Southeastern Avenue Recreation Indianapolis, IN 46259 By: By: William Thistlethwaithe Superintendent Date: Printed: � out V- S -a X4 APPROVED: G� Title: Sarah L. Hutton, Mayor Date: ` Date: SECTION C BUSINESS INFORMATION Business Type Consultant Distributor Service Provider/Contractor Legal Corporation (Law Firm) Federal Government or Agency State Government or Agency Local Government or Agency Ownership Status (Check one only.) Sole Proprietor/Individual Partnership Corporation Non -Profit Org./Corp. LLC (Check all that apply. we &-re' `"c' t "" Small Business Minority Business Women -Owned Business Professional Corp. e I HEREBY CERTIFY THAT: 1. THE NUMBER SHOWN ON THIS FORM IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER (OR I AM WAITING FOR A NUMBER TO BE ISSUED TO ME), AND 2, I AM NOT SUBJECT TO BACKUP WITHHOLDING BECAUSE: (a) I AM EXEMPT FOR BACKUP WITHHOLDING. OR (b) I HAVE NOT BEEN NOTIFIED BY THE INTERNAL REVENUE SERVICE (IRS) THAT I AM SUBJECT TO BACKUP WITHHOLDING AS A RESULT OF A FAILURE TO REPORT ALL INTEREST OR DIVIENDEDS, OR (c) THE IRS HAS NOTIFIED ME THAT I AM NO LONGER SUBJECT TO BACKUP WITHHOLDING, AND 3. I AM A U.S. PERSON (INCLUDING A U.S. RESIDENT ALIEN). CERTIFICATION INSTRUCTIONS. YOU MUST CROSS OUT ITEM 1 ABOVE IF YOU HAVE BEEN NOTIFIED :BY THE THAT YOU ARE CURRENTLY SUBJECT TO BACKUP WITHHOLDING BECAUSE YOU HAVE FAILED TO REPORT ALL INTEREST AND DIVIDENDS ON YOUR TAX RETURN. FOR REAL-ESTATE TR&NSACTIONS, ITEM 2 DOES NOT APPLY. PRINTED OR TYPED NAME v\tt%& Vk GkA-fa S b%N SIGNATURE This information is needed in order to process a purchase order. PLEASE RETURN COMPLETED FORM TO: CITY OF RICHMOND PARK DEPARTMENT 50 NORTH FIFTH STREET RICHMOND, IN 47374 Or fax to 765-983-7279 TITLE j 2I, 2.oi5 ALSO, please note that for all City Departments an original invoice will need to be mailed to Accounts Payable at the City of Richmond, 50 North Sth Street, Richmond, IN 47374 with the Purchase Order # referenced on the invoice in order for payment to be processed. Thank you. Substitute Form W-9 Taxpayer IdentificationNendor Information Complete and submit this form to the Park Department of the City of Richmond Vendor number Address # Vendor Business Contact Contact Phone Number (Office use only -do not fill in) t P 1 Rl,oi«.nnn AT..-- � � � � L � : ��y �Su�sd►. St�,,v✓S , Tic Business S eet Address City , , State Zip Code +4 Business Phone FAX Number Toll Free Number Company Web Address S S S . C�..M. E-mail A ess Tax Payer ID (TIN): Federal EIN:1'_9-100o4Soc, Sec. Specify 1099 Category if known: 7 (Fed tax withheld, commissions, healthcare payments, proceeds, ODT or PPS withholding...) 1099 Address: Box/Bldg/Suite: Street: City/State/Zip Contact Name: SECTION A VENDOR MAILING ADDRESS (Please complete if different from business address.) Does your business accept Purchase Orders: 1] Yes O No Address City State Zip Code + 4 SECTION B VENDOR REMITTANCE ADDRESS (required to be completed.) City _ � Stag Zip C Accounts Receivable Contact Name Phone Number FAX Number-