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Home My WebLink AboutBPW 09-07-16-06/ Performance Agreement/ H2o@ Productions/Comm Relations/3,500/Late Night on MainPERFORMANCE AGREEMENT This Performance Agreement (the "Agreement"), which shall be effective as 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 H2o2 Productions LLC, an individual or entity authorized to do business in the State of Indiana and with offices located at PO Box 859, Cicero, IN 46034 (the "Performer"). 1. Performance. The Performer shall provide the following live entertainment: The Flying Toasters (the "Performance") on Saturday. September 10. 2016. (the "Performance Date"), from 8:45 P.M. to 11:45 P.M, at Carmel Arts & Design District, Carmel, Indiana (the "Venue"). The Performer shall provide all equipment necessary or desirable for the Performance, except that the City shall provide: standard lighting, electrical and staging 2. Payment. The City shall pay to the Performer the sum of $3.500.00 (the "Payment") on the Performance Date, which payment shall constitute all monies due and owing to the Performer from the City for or related to the Performance. 3. Non -Performance. If the Performance is cancelled by the City, then the City shall pay to the Performer.the full amount of the Payment sum as specified in Paragraph 2 hereinabove. If the Performance is not provided by the Performer as specified in Paragraph 1 hereinabove, the Performer shall pay to the City one-half of the Payment sum as specified in Paragraph 2 hereinabove. 4. Sales. Neither the City nor the Performer shall sell tickets or charge admission to the Performance. On the Performance Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's merchandise at the Performance location, and the Performer shall 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 agrees to indemnify and hold harmless the City, and the City's officers, officials, employees, agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) that result from any claim for 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 contractors at or regarding the Performance. 6. License. The Performer hereby grants to the City a license (the "License") to photograph, video record, or otherwise depict, in, on, or through any medium (whether print, digital, or other media format), the Performer and the Performance, for 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. The License shall survive the termination of this Agreement. 7. Indemnity. The Performer hereby agrees to indemnify and hold harmless the City and the City's officers, officials, employees, agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) that result from the Performance or the breach of this Agreement by Performer. 8. Assignment. The Performer shall not assign this Agreement or any of its obligations hereunder. 9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI, ASCAP, 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 part of the Performance, and hereby agrees to indemnify and hold harmless the City, and the City's officers, officials, employees, agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, _costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such permissions. 10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to indemnify and hold harmless the City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of the City with regards to or related to the Performance. 11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and contractors shall comply with all laws of the United States, the State of Indiana and the City prohibiting discrimination against any employee, applicant for employment, or other person in the performance of the Performer's obligations under this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter .;eiat,ed to their employment or subcontracting, because. of race, religion,: color, sex, handicap, national:origin,: ancestry, sge,.disabled veteran status and/or -Vietnam era veteran status. . 12; Iran Certification: Pursuant to L:C.:§ 5-22-16.5, the Performer hereby certifies that it does not engage,in investment. activities within the Count - ry of rran: - 'M E-Verifir. Pursuant,to I.C. § 22 -5 -1.7; -et seb:; as.the same maybe amended from time to time, and anis incorporated herein by this reference, the Performer : hereby certifies that,_ to the extent the . Performer:. has any employees, the pertormer. has :enrolled and is participating in the E -verify, program and does .not knowingly, employ: any unauthorized aliens.: Should .the Performer. violate Indiana's E -Verify law,: the City may terminate. this Agreement in. accordance :with. .. . therewith. . 14. Governing Law; Lawsuits: This Agreement is.to:be.construed In accordance. with arid.goVemed by the laws.ofthe. State of lndiiana;. except for its conflict of laws.provisions.: The parties_agree that; in the. event a lawsuit is fled hereunder, - they waive their rig ht to a jury trial, agree.'to:file"any such lawsuit'in an appropriate court.irrHamilton'County; Indiana only; . and agree that such court is the appropriate venue:for and has jurisdiction over the. tame. 15:.Miscellaneous: The -indemnifies: set forth in. this Agreement shall, survive. the; termination, of -this Agreement. The. invalidity or unenforceability of any term. or condition of this.Agreementshall not affect the otherterms 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. This Agreement constitutes the entire. agreement between, .the Performer and the: Citywith respect to. the subject matter hereof,.and supersedes all. prior oral or written representationsand agreements regarding same, This Agreement' may, only be Modified by_.written amendment executed by both parties hereto.. The parties :represent. and warrant that they, are authorized to enter. into, this Agreement and that. the. persons executing this Agreement have the authbrity.to bind the party which they represetit:."The parties warrant that they have. read this Agreement 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 same -freely, voluntarily, and without any. duress,, undue influence orcoercion. IN WITNESS WHEREOF, the partieshereto have made and executed this Agreement as follows: . THE CITY OF CARMEL:,:INDIANA,.. H2o2 Productions LLC.: by and through: its Board,of Public Works ("Pertorme' . . and Safety ('City°) By.. I3y: Ver ... Ja es Brainard; Presiding Officer:�j A orized Signature: Dater .. -/ dr '� G' '� Printed Name:. . Mary Ann Burke; Member Date: l (2 .Title bots S. Watson, Member FIDITIN .- Date: Last Four of SSN if. Sole: Proprietor:.:. : 8� ATTEST Date:. Christine S._ Pauley, Clerk -Treasurer. Date: . /fINDIANA (1 cid .�e}4'j�'j� el City.of RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER �/(�,Jl J1 JL J1 FEDERAL EXCISE TAX EXEMPT 34251 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 8/15/2016 370997 PERFORMANCE AT GOLFWEEK/LATE NITE ON MAIN EVENT 9/10/16 H2O2 PRODUCTIONS LLC Community Relations VENDOR PO BOX 859 SHIP 1 Civic Square TO Carmel, IN 46032- CICERO, IN -46034 - I PURCHASEID BLANKET CONTRACT PAYMENTTERMS FREIGHT 7536 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Fund: 101 General Fund Account 43-593.00 1 Each PERFORMANCE AT GOLFWEEK/LATE NIGHT ON MAIN $3,500.00 $3,500.00 EVENT 9/10/16 Sub Total $3,500.00 k.r7 ay� I i Send Invoice To: GL Community Relations 1 Civic Square Carmel, IN 46032- PLEASE, INVOICE IN DUPLICATE DEPARTMENT ACCOUNTPROJECT PROJECTACCOUNT AMOUNT PAYMENT $3,500.00 SHIPPING INSTRUCTIONS ' AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SU FICI NT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL l 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 G �3 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CONTROL NO. 34251 CLERK -TREASURER RESOLUTION NO. BPW-09-07-16-6 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF PERFOMANCE AGREEMENT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly, acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for review. NOW, THE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available. to the public for review. �] SO RESOLVED this 1 day of 2016. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: U -n � ��- James Brainard, Presiding Officer Date: A Mary Ain Burke, IV_)& eDate: / Lori S. W Date: AT �. Christine Pauley, O erk-T-r Date: S:\joberlander\BPW ResolutionAAcknowledge H2O2 Productions Performance Agreement.docx8/30/2016 2:19 PM