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HomeMy WebLinkAboutWiese Training and Development/DCR/500/Leadership Workshop.IAO PE'RIf Ufrtf+%i.4NCE:;llifiEl~1UEWr This C'erfornialice Agreement (the "Agreement"), which shall be effective els of the date it is last signed by a party hereto (the "Effective Date"), is now entered into by and between the City of Carmel, Indiana, by and through its Board of Public Works and Safety (the `City'); and W +'e -s- 'i"rc..n. -} 7tv, LLe_ `="1----- an individual or entity authorized to do business in the State of Indiana and with offices located at ell,�� /�5Go3t ----- ----- (the "Performer"). 1- Performance. The Performer shall provide the following live enterta)nment: �jx bjt, -k3�a.. _ _. the "Performance") 20_ /(s (the Performance Date"), from : a� f�:M..io f�o....M, at e,f N�// _ "7"__ , Carmel, Indiana (the '`Venue"). The Perfornher shall provide all equipment ne :essary or desirable for the Performance, except that the City shall provide- -_ 4he n+{�-kw .-ocm,-•a.b/ss 4 G�a,%s -,,, s// 2. Payment: filo later than thirty-fivt4 (35) days frarn and rafter the Performanco Date,.the City shrall.may to the Performer the SUM of_'�_p.t7Y�(� (the "Paymeni"), which shalt constitute all monies due and Owing to the Performer from the City for or related to the Performptnce. 3. Non -Performance. If the i'erformance is cancelled by the City, then the City shall pay to the Performer the full remount of the Payment -sunt as specified in Paragraph 2 hereinabove. If the Performance is not provided. by:the Performer as specified in Oaragrapii 1 hereinabove, the Performer shall pay to the City one-half of the Payment SUrn as specified in Par-ap,aph 2- hereinabove. 4. Sales. Neither the City nor the Performer shall sell tickets or charoe admission to the Perforn)anco. On the Performance Date, the Performer may, in conformance with the laws, rotes, and regulations of. the Venue, sell the Performer's merchandise at the Performance location, and the Performer shali retain all proceeds therefrom without contribution to the City. 5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of the City. The Performer hereby tagrees. to indemnify and hold harmless the City, and the City's officers, officials, employees, agents, a nd attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, ana expenses (including, :without limitation, rertsonabie attorneys' fees and court costs) that result from any claimfor wages, benefits, or otherwise by any agent, employee, or contractor of the Performer or from any actions of the Performer and/or the Performer's agents, employees, or contr.aclors at or regarding the Perfcjrrnance:. 6. i_icense. The Performem hereby grants to the City a license (the 'License") to photograph, video record, or othenr,ise depict.. in. on, or through any medium (whether print, digital, or outer media format), the Performer and the Performance, use by.the City in advertising or.marketing the City, the Venue., the Carmel Arts and Design District; and/or and City - sponsored or City -related events. -I'he License shall survive the termination of this Agreement. r, InC enmity. 11 -Ile Performer hereby agreos to irhdernnify and hold haradess the City and thi: City's officers. officials, employees, agents. and attorneys fr'onl and against Lill ClcllnlS, suits, judgments. liabilities, losses, costa, and expenses (including, without limitation, reasonable attorneys' fees and court costs) that result from the PCHO"l ance or the breach of this Agreement by Perlorrner. G. Assicgnnient. The Performer shall not.assign this Acreernent or any of its obligations hereunder. 9. Copyright Permission 'rh,) Performer hereby ragrees to obtain all necessary permissions from BMI, ESCAP, SESAC, or directly from the copyright holder(s) of all songs or other works that is not in the public domain and that will be puri of the Performance, and herel)y agrees to indemnify and hold harmless the City; and the Cilv's officers. officials, employees. agents, and attorneys, from and against all claims, suits, juciyments, lialhilities, losses, costs, rind e>; aenses (including, without limitation. reasonable attorneys' fees and court costs) .that result from the Performer's failure to obtain such permissions. '10. Compliance ivith Law; I-envful Urders. Tile Performer adlrees la cornpiy �.vith all federal, stab and local laws, executive orders, MICIS, reclulations and codes aplAcable to the Performer's perfornih ince of its obligations under this Agreenhenl, and all relevant provisions thereof guru incorporated herein by this reference. Tho .Performer agrees to indemnity and hold harmless the City frons any loss, damage and/or liability resulting frons any SUCII Violation of such IWVS, orders, rules, regulations and code::. The Perlorrner furthef agrees to comply with all lawful orders of th<: City tFditihreef;-;ruts io or related to tile✓ Perforr'LtI1cc. ! i, i11Qti(l1iCt'Ittllt'R,I f()il. The Performer r( j)rt St3Rll, tltlCi 4+1�iI7at"It5 that it and all of its officr-)rs, emplgyces, agents anc! contr�{rtors shall, eornlmly , ith all laws of the United States, the State of Indiana and the City prohibiting discrimination cadainsi-any employee, applicant for ernployr?lent, or other person in the performance of the Performer's obligations under this Agreement with respect to their hire, !enure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, be" CMlse of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status .and/or Vietnam era veteran slalus. 'l?_. Iran Certification. Pursuant 10 I -C, § 5.22.16,5, the Performer hereby certifies that it does not engage in investrnerit activities within the Country of Iran. 13. E -Verify. PUI-,uant to i,C. § 22-5-1.7,'et sea., as the sarne may be amended from time to time, and as is incorporated frerefri by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the Perforrror has enrolled and is participating in the E -verify program and does not knowingly_ employ arty unaulhorizeel _hien:;. Should the Performer violate Indiana's E -Verify la:v, the City may terminate this Agreement in accordance with therewith. 14. Governing Law; t_awsuits. This Agreement is to be construed in accordance with and governed by the laws of the Slate of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed. hereunder, they waive their rig lmt to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that siich court is the appropriate venue for and has ju!•isciirtion over the same. '15. fv'iiscettaneocts. The ir(fertlnities set forth in this Agreement shall survive the: termination of this Agreement. The invalidity or unenforceability of any term or condition of this Agreerrrent shall not affect the other.lerms and conditions, and this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been contained herein. T his. Agreement constitutes the ontire agreement between the Performer and the City with respect to the subject matter hereof, alld supersedes all prior oral . or written representations and agreemonts regarding sarne-This ;agreement may only be modified i)y ,written amendment executed by both parties hereto. The parties represent and ,warrant that they are authorized to enter into. this Agreernent and that the persons executing this Agreement havo the rtuthority to bind the party which they represent. The parties warrmit that they have read this Argreement.and understand it, have had the opportunity to obtain Legal advice and the assistance of counsel throughout the negotiation of this Agreement, and enter into the sarne freely, voluntarily, and,vithout any duress, unciue influence or coercion. IN WITNESS h1HERL=.0F, thin parties hereto have rr.zrde and executed This Hgreernent as foilows': THE CITY OF CAtnNIEl-, INDIANA, by and 'through its Board of Public Works and Safety Ciy. Jai es Brainard, Presiding Officer �rt`a y Ann urke, r�iciber 5 Date: O� Lori S. Watson, Member Date: l�5�tSc, 1 r e��,��t �:Wfy(�me i, LLC ("Performer') By: Authorized Signature Printed Plante l.iD TIN: 8 I - 01617032 Last Pour et S, PN if Solc Proprietor: m A, . Date: Revised 7-22-13 CARMEL CLAY SCHOOLS 12014 5201 E. Main Street Carmel, IN 46033 FACILITY USE AGREEMENT Not for Profit: (Documentation may be required) For Profit: op School you are requesting use of caxy► "15L Jl1 Uk Organization. Address: Name of Organization: (5--kvAtX 1A0,.' i 1Wf' S 6XV—, 1 (hereinafter referred to as the User(s)) and the Carmel Clay Schools (hereinafter referrea to as the School), agree to allow the following described room(s) or facility(ies): Check alll requested areas below ❑ Cafeteria ❑ Kitchen ❑ Gymnasium ❑ Auditorium ❑ Stage ❑ LGI ❑ Other meeting room — please specify: Non -meeting room—please specify: Ll to be used by User(s) subject to the following terms and conditions which are agreed to by the respective parties. Event requested on the following dates and tim fy) 1. Date(s): Starting date �J%�5 �1 �. through ending date A 2. Day(s) of week: M, T, W, TH,(F—,') SA, SU (Circle all that apply) 3. Time, access to building: S � 1>a AM/(R) Event Start Time: S 3O 4. Event End Time: ��' �AM/ )Time you will vacate the bldg: t GCS RPM Description of this event: 3U� 30.�ioCJLk �o�rt�CaVYt2lN, Number of people attending: I l3() --k- Fee charged to attendees: 4-a� CU�- y "0 1. The User(s) to pay fees as assessed. An invoice will be issued upon receipt of application by the Business Office. The fees must be paid on or before the given payment date as identified on the invoice. Additional charges will be invoiced for use beyond the requested time. The facility will not be reserved until payment has been received by the )Business Office. 2. The. User(s) must take out and maintain current throughout the term of this agreement a public risk insurance policy with a reputable insurer, having an A.M Best rating of A —, VII or better, in which (a) the School is indemnified in an amount not less than $2 million for any claims whatsoever (including injury to persons or damage to property) arising out of the use of the School premises by the User(s): (b) the School must be named as an Additional Insured the facilities. User(s) and the School agree that any insurance policies procured by User(s) that provide benefits or protection for the School shall be primary and non-contributory and that any policies procured by School that might happen to provide protection or benefits to the School arising out of User(s) use of the School premises shall be excess. A Certificate of Liability must be provided. 3. The User(s) will use only those areas of the building specified above. Page 1 of 2 4. Access to the building will not be granted prior to the agreed upon times. 5. User(s) must supervise their participants/attendees; children must not be left unattended. 6. Furniture and equipment moved during use of the premises must be replaced, the premises must be left in a clean and tidy condition, proper care will be taken of the premises during use and the User(s) will be responsible for any damage. 7. Access to stage facilities will not be granted without the presence of the Auditorium Director. 8. No food or drink is permitted in the Auditorium, Stage or Gymnasium Areas at any time. 9. The use of tobacco or alcohol is prohibited on school property. 10. The User(s) agrees that no hazardous materials, including but not limited to flammable materials or liquids, fireworks, pyrotechnic devices, explosives, poisonous materials or plants, strong acids or caustics, or dangerous animals will be brought onto the premises or used in any way while occupying any portion of any School owned property. 11. The User(s) agree that no amusement rides or attractions, including but not limited to trampolines of any type, enclosed or air supported structures of any type, climbing walls, climbing ropes, firearms or shooting activity, bow and arrow shooting activity or equipment or devices related thereto will be brought onto the premises or used in any way while occupying any portion of any School owned property. 12. The User(s) must give written notice to the School of any accident resulting in bodily injury or damage to property of the School or others occurring on School premises or in any way connected with the use of School premises within 24 hours of the accident. The notice must include details of the time, place and circumstances of the names and addresses of any person(s) witnessing the accident. 13. The School reserves the right to terminate the agreement immediately by notice in writing, at its absolute discretion if this agreement is violated by the User(s) (or the servants, agents or invitees of the User(s) ). 14. The User(s) are to observe the following extra conditions: In addition, the User(s) undertakes and agrees to indemnify and hold harmless the Carmel Clay Schools, Board of School Trustees, Board elected and appointed officials, administrators, principals, teachers and all other school employees, volunteers or representatives, and all persons and bodies corporate acting for or on behalf of them, against all liability, claims, demands, actions, suits, damages, proceedings, costs and expenses (including reasonable attorney fees) whatsoever (including injury to persons and damage to property) for which they may be or become liable directly or indirectly arising out of the use of School premises by the User(s) (or the servants, agents, or invitees of the User(s)), and for such further sums in excess of those contained in any insurance policy procured by User(s) relating to the use of the School premises for such amounts as may not be payable under any such insurance policy. Conditions accepted on behalf of Users by: �, ` Signature of Authorized Representative Required Printed Name: Iykl k Svko-�� Date: \A i 116 Authorized Representative 1 ' Mailing Address VM> 66 S lt)u X 1 rco ! AWA 1 N L4 66W, Contact Person: Drew SQID-A . "Printed Name if different than above named person Contact Email: W \R�t,t► . S 20. q �v�p� . C 0 OFFICE USE ONLY Telephone: 'SX1-- Q1 - 4922 Contact Work Number Telephone: 341-1 - 31°1-5 k%" � Contact Home or Cell Phone Number the facilities. User(s) and the School agree that any insurance policies procured by User(s) that provide benefits or protection for the School shall be primary and non-contributory and that any policies procured by School that might happen to provide protection or benefits to the School arising out of User(s) use of the School premises shall be excess. A Certificate of Liability must be provided. 3. The User(s) will use only those areas of the building specified above. Page 1 of 2 4. Access to the building will not be granted prior to the agreed upon times. 5. User(s) must supervise their participants/attendees; children must not be left unattended. 6. Furniture and equipment moved during use of the premises must be replaced, the premises must be left in a clean and tidy condition, proper care will be taken of the premises during use and the User(s) will be responsible for any damage. 7. Access to stage facilities will not be granted without the presence of the Auditorium Director. 8. No food or drink is permitted in the Auditorium, Stage or Gymnasium Areas at any time. 9. The use of tobacco or alcohol is prohibited on school property. 10. The User(s) agrees that no hazardous materials, including but not limited to flammable materials or liquids, fireworks, pyrotechnic devices, explosives, poisonous materials or plants, strong acids or caustics, or dangerous animals will be brought onto the premises or used in any way while occupying any portion of any School owned property. 11. The User(s) agree that no amusement rides or attractions, including but not limited to trampolines of any type, enclosed or air supported structures of any type, climbing walls, climbing ropes, firearms or shooting activity, bow and arrow shooting activity or equipment or devices related thereto will be brought onto the premises or used in any way while occupying any portion of any School owned property. 12. The User(s) must give written notice to the School of anyaccident resulting in bodily injury or damage to property of the School or others occurring on School premises or in any way connected with the use of School premises within 24 hours of the accident. The notice must include details of the time, place and circumstances of the names and addresses of any person(s) witnessing the accident. 13. The School reserves the right to terminate the agreement immediately by notice in writing, at its absolute discretion if this agreement is violated by the User(s) (or the servants, agents or invitees of the User(s) ). 14. The User(s) are to observe the following extra conditions: In addition, the User(s) undertakes and agrees to indemnify and hold harmless the Carmel Clay Schools, Board of School Trustees, Board elected and appointed officials, administrators, principals, teachers and all other school employees, volunteers or representatives, and all persons and bodies corporate acting for or on behalf of them, against all liability, claims, demands, actions, suits, damages, proceedings, costs and expenses (including reasonable attorney fees) whatsoever (including injury to persons and damage to property) for which they may be or become liable directly or indirectly arising out of the use of School premises by the User(s) (or the servants, agents, or invitees of the User(s)), and for such further sums in excess of those contained in any insurance policy procured by User(s) relating to the use of the School premises for such amounts as may not be payable under any such insurance policy. Conditions accepted on behalf of Users by: l Signature oPAuthorized Representative Required Printed Name: p IkA k Date: \/1`I / 16 Authorized Representative Mailing Address_ \ YS 60 S mu Y 1 rou , CDj,.WA , \ N Ll t.Zjtj Contact Person: Q'Ce t -J Telephone: '31'1-- Q1.— `1927L PrintedName if different than above named person. Contact Work Number Contact Email: a . S 2. ®�y�nPJ.ti , C �lM Telephone: 31-1 — 3'l c1 Contact Home or Cell Phone Number OFFICE USE ONLY Page.2 :of 2 _.CERTIFICATE OF LIABILITY INSURANCE" . .. .. ... ... 'V Gf�111 IVMIG �ATE(MM/DD/YYYY)' 120/2016 THIS CERTIFICATE.IS' ISSUED"AS A MATTER OF'.INFORMATION .ONLY AND. 'CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDJER.. THIS. _ CERTIFICATE- DOES. NOT- AFFIRMATIVELY. OR:.NEGATIVELY- AMEND,- EXTEND. OR ALTER THE COVERAGE -AFFORDED BY THE POLICIES BELOW.: --THIS CERTIFICATE OF INSURANCE DOES :NOT CONSTITUTE A CONTRACT. BETWEEN .THE ISSUING INSURER(S),:AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER:. IMPORTANT:-. If the"certificate holder is an ADDITIONAL INSURED, the.policy(ies) must be endorsed.: if SUBROGATION IS WAIVED, subject to' the terms and conditions of the polidy certain policies"may require an endorsement.:A statement on this certificate does not confer rights to the certificate holder in lieu of such"endorsement s . " PRODUCER- - - - _ Hylant Group. _ 304 Renrisylvania;Parkway, #201 , . . " Indianapolis IN 46280: CoNTAC NAME:T, . ' i. .. PHONE FAX . A E 7- 4 - . AIC No:. . _.7_ 1 . E-MAIL ADDREss:w i m . INSURERS AFFORDING COVERAGE NAIC q - -INSURER'A : - Ir r - nc ZLP14T62033.' INSURED - - -CARM ESO. ". - - . . - .. . INSURER.B.: City of Carmel:. .. - . .. .. .. _ One. CIVIC Square Carmel, IN 46032; INSURER'C :.' INSURER D.:. .. . . . ' .. .. - .. _ .. - .. .. .. . - INSURER E': .INSURER F:. - - - - IN V IN M.4//11/rillri REVISION NUMBER: . TO THE INSURED NAMED ABOVE -FOR THE POLICY, PERIOD . ." THIS IS TO CERTIFY THAT -THE -POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED INDICATED.. NOTWITHSTANDING ANY REOUIREMENT,'T.ERM'OR CONDITION:OF ANY.CONTRACT.OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE -MAY BE ISSUED OR MAY, PERTAIN, THE INSURANCE -AFF ORDED-BY _THE POLICIES DESCRIBED'.HEREIN•IS :SUBJECT TO ALL'.THE TERMS," EXCLUSIONS AND CONDITIONS -OF,SUCH POLICIES.. LIMITS SHOWN MAY HAVE- BEEN REDUCED BY PAIp CLAIMS.. INSR LTR .TYPEOF INSURANCE- . A L INSR Bl2 WVD -POLICY NUMBER POLICY EFF. MM/DDNY.YY - :POLICY EXP MMIDDIYYYY). - LIMITS. . A GENERAL LIABILITY Y ZLP14T62033.' 1/1/20116. 1/1/2017 .EACH 'OCCURRENCE - $2,000,000 ' X COMMERCIAL GENERAL LIABILITY- - CLAIMS -MADE 7 OCCUR - - - - - - :DAMAGE TO RENTED PREMISES Ea occurrence $50,000 - MED EXP (Any one-person) $0 PERSONAL & ADV'INJURY $2;000,000. GENERAL -AGGREGATE $2,000,000 . GEN'LAGGREGATE LIMIT APPLIES PER: .. POLICY PRO= LOC PRODUCTS -COMP/OPAGG $2,000,000 $.. . . . A AUTOMOBILE LIABILITY ' 8103038P64A -'" 1/1/2016 " . .1/1/2017 - Ea accident $2 000 000' . %�. ANYAUTO. QODILY.INJURY.(Fer, erSon). .$. ALL OWNED: SCHEDULED: AUTOS AUTOS. - - - - - - BODILY INJURY (Per accidepl) $ . .. NON -OWNED- " _ AUTOS : - HIRED AUTOS,1xq011: : - - - - PROPERTY DAMAGE - Per accident $• X . Comp. ' _ Comp/Coll Ded ' .. ' . $2,500 . UMBRELLA LIAB. OCCUR'- _ -_ - - - _ - EACH OCCURRENCE.$.. .. AGGREGATE. - '$ EXCESS LIAB ' .- CLAIMS -MADE DED.]RETENTION$ $. " WORKERS COMPENSATION: - -_ AND EMPLOYERS' LIABILITY' Y 1 N 'ANY PROPRIETOR/PARTNER/EXECUTNE._ OFFICER/MEMBER EXC_ LUDED? - : NIA _ - -_ _ - _ - "- - � � � - � - - -_ � - - _ � - WC STATU- : OTH- ' E.L.- EACH ACCIDENT $. . DISEASE = lA EMPLOYE $ '.. (MandatoryIn NH).-E:L. If yes, describe under _ _ _ E:L: DISEASE -POLICY LIMIT- $- - ". .. . - DESCRIPTION OF OPERATIONS below - . - - - .. - - DESCRIPTION .OF OPERATIONS (LOCATIONS (VEHICLES, (Attach ACORD 101, Addlilonal.Remarks Schedule, If more space hs required). "- ". -. . ADDITIONAL NAMED INSUREDS: "CARMEL`.CLAY PARKS BU.ILDING. CORPORATION;.CARMEL.GLAY BOARD -OE PARKS.& . RECREATION; CARMEL. REDEVELOPMENT COMM ISSION;"CARMEL REDEVELOPMENT AUTHORITY; -CARMEL CITY CENTER. COMMUNITY DEVELOPMENT: CORPORATION Certificate Holder is named as -an Additional Insured With respect to General Liability as required' by written. contract: Re:: Carmel Mayor's.: - Youth.Council 3 vs: 3 Basketball Toumament.held at.Carmel High School, -Fieldhouse 1r4,.520:East Main.St.,-Carmel, IN. . ©1988-2010 ACORD.CORPORATION: All rights reserved. ACORD 25 (2010/05). The ACORD name and logo are -registered. marks of ACORD. -- - . Dynamic Leadership & Team -Building Programs February 2, 2016 City of Carmel One Civic Square Carmel, IN 46032 To Whom It May Concern, My name is Ted Wiese and I operate Wiese Training and Development, LLC, a single member limited liability company. I have been asked to present a leadership workshop for the Carmel Mayor's Youth Council on February 81, 2016. I do not have any employees and therefore I am not required to complete the E verify form. Please feel free to contact me if you have questions. Sin�cerely,1 Ted Wiese 5915 Fife Trail Carmel, Indiana 46033 317.431.1862 800.492.1370 Ted@HearTedTalk.com www.HearTedTalk.com