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HomeMy WebLinkAboutBPW 06-15-16-02/ Performance Agreement/ Cirque Le Masque Inc/Comm Relations/42,000/US Conference of MayorsPERFORMANCE AGREEMENT ClY4,L(2 This Porformanco:Agroemant (the'Agreement"), which shall be effective as of th date itis last:signed by -a party hereto (the "Effective Date"), is now entered into by and between the City _of Carmel, tr rano, by and through its Board of Public Works and Safe the °Ci _ "' ` "` -_ ! Safety. ( ty"), and Pi? Erre-e ` an individual or- enti.y authorized to do business in the State of Indiana and with offices located at Fa. Fe_ (the'Performer j. c1:122 .Merfdrian VIctU: isle, ecyr`+n�� t3�achFL 33 33q--13 1. Performance, :The Performer shallprovide the lollowirt9 live entertainment CirCue Lc Ma clue at US Conference of Mayors Evening in Carmel (the."Performance') on June 24", 2016 (the "Pe"rformance`Date)bco r i:0C11P;(Atlto�=3Q�P,p�7 i :atCenterGreen at the Palladium at.Tho Centcr for the Performing Arts, Carmel, Indiana (the Venue'). The P o shall provide all equipment necessary cr desirable: for the rmance. 2.. Payment. The Cf (l Opp' X05: �1. �i tK%DG¢ Ailey j1 ¢fid -'3r d y ty.shall pay to, the Per(ormer the suh ,OQD.DD the "� me3tt" on-the.Performance Date -which` payment -shall constitute all -monies due and owing to the. Performer from the City for: or related:to the Pe c 3: Non -Performance. If the Performance is cancelled by.the City, then. the City shall pay.to.the-Performer the full amount of the Paymen(sum as.specified in Paragraph 2 hereinabove..lf the Performance is not provided by the Performer speed in Paragraph 1 hereinabove; the. Performer shall pay to the City one-half of the Payment sum as specified in Paragrmph 2 h6rzinabove:" ; 4,. Sales. -Neither. the City.nor the -Performer. tickets or charge admission. to -the Performance.- On the . . Performance tate; the Performer may.°in conformance with:the taws; rules, and regulations of the Venue, sell the Performer's merchandise at the Performancelocatibn; and the -Performer than retain all proceeds therefrom -without contribution to the City.. . 5. Relationship:, The Performer isnot, 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 _attomeys,:from 3nd;agafnst all claims; suits, judgments,: liabillties,:losses, costs, and expenses (includIng,:%vithout limitation, reasonable attomeys fees and court costs) that result from any claim forwagw, benefitsi or otherwise by any .agent, employee,. cr'_oontractor of the Performer or from any acfians_ of the Performer. arWor. the Performers. agents,. employees, or contractors at or regarding the Performance. 6. -Liconso. The Performer hereby grants to the Cityy-a license (the 'License") to photograph, video record, or othenvise depict in, on, cr through any,medurm. (whather print, digital, or other media format), the Perfomier.and the Performance, " for use:by the.City:in advertising or mark4ting the City, the Venue; the -Cannel Arts and Design District, andlor and City- sponsored or City -related events. The License shall surv'nre.the termination of this Agreement: .7. Indemnity. -The .Performa hbrebyagrees to indemnify and hold ham2less lhe.City. and the City's oflicers,.officials:- employees, agents, and attorneys froth and against all claims, suits,.judgments, liabilities, loses, costs, and expenses (including; without limitation, reasonable attorncys' fees and court costs) that result from tate Performance or the breach: of -this Agreement by: Performer. 8. Assignment. The Performer shall not assign this Agreement or of its abligations hereunder. 9.- Copyright. Permission ..The Performer hereby agrees to obtain all necessary permissions from BMI, ASCAP, SESAC, or directly. from the" .copyright hoider(s)'of an songs or other works -that is -rot in the -public domain -and. that will be part of. the Performance, and hereby agree's'to indemn'rfy.and hold harmless the City,'and the City's officers, officials, employees, agents, and attorneys. from and against all, claims, suits; judgments, liabilities, losscs,:costs, _and expenses (including, without limitation,. reasonable. attorneys' `fees and court costs): that. result from the"Performer's failure to obtain such pernfssions. . 10: Compliance with Law; Lawful Order'. The Performer agrees to comply. with all "federal; state and local lays, \executive orders; rules, regulations and.code�, 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 andlor Gab ility_restrltingfwown any.such.violation of suchlavrs, . orders, rules, regulations and codes. The Performer furthef agrees to comply mith -all lawful orders of the City tivith regards to orrelated to the Performance. .11. Nondiscrimination. The, Performer represents and -warrants that it acid all- of its officers; employees, agents and contractors shag comply with all laws -of the United States, the State of Indiana_ and the City prohibiting discrimination against any employee, applicant or ernployment,:or other person inthe:perforrnance of the Performer's obligations under . this Agreement with respect to their:hire, tenure, terms,: conditions and privileges of employment and any.other matter related to their employment or subcontracting, because of race,- religion, color,- seat.. handicap, :national origin; ancestry, . age, disabled veteran status and/or Vietnam era veteran status. 12- Iran Certification. Pprsuant to 1.C.-§ 5-22-16.5, the Performer_ hereby certifies that it-does not'engage in investment acdivities.within the Countryof Iran. . 13. It-Verify. Pursuant to I.C. § 22-&1.7, et seq. • as the same may be amended from time to time, and as is incorporated herein by this reference, the Performer tierc�by certifies that . to. the extent the .Pciformer has- any employees, .the Performer has enrolled and i; :participating in Lhc ;E-vcrify:program and does knot knowingly :employ any unauthorized ahens.-Should the.Perfonner violate. Indiana's. E-Verify-law, -the Cityy may terminate this Agreement in accordance with - - therewith 14. Governing-law; Lawsuits. This Agreement is to be construed in accordance with and:govemed by the laws of the State of-Indiana. except for its conflict of laws provisions: The parties agree that in the event a lawsuit is filed hereunder, they waive their right toa jury trial, agree to-file any such lawsuit in an appropriate court in Hamilton. County, Indiana, onty; and .agree that such court is the appropriate venue for and has jurisdiction over the same. - 15. Miscellaneous. The indemnities set.torih in this Agreement shall. survive the termination of this Agreement- The -. invalidity'or unenforceability of any term. or condition of this Agreement shall notaffeet the other terms and conditions, and " this Agreement shall be'construed in all respects as'if such invalld'or unenforceable term or condition had not been contained herein. Thi; Agreement constitute ,the entire agreement behveen the Performer:and the.City:with fespect to the subject matter: hereof, and superse4es all prioreral or written representations and.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 :hat the'_per;ons-executing this Agreement have the authority to bind the party which they represent. The parties warrant that=they have read this-Agreement and understand it, have had the opportunity to obtain legaladvice and the- assistz*a of counsel- throughouf the -negotiation of this Agreement, and enter into the same freely, voluntarily;'and without any duress,: undue influence or coercion. WITNESS WHEREOF- -the parties hereto have made and executed this Agreement as follovrsi - THE.CITY OF CARMEL,. INDIANA t?crfor' a 'epi eca'1TBuxi are . by and through its Board of Public Woe t-Perloiiner•} Cil •►� i�UL�`� �� and Safety ("City') �. L. G . By: James d Presiding Officer Authorized Signature Date: 1Ti:) L S �'c i f u_3S Printed Name lAwy Ann Burke; Member - Date: PTc�-So Title Lori S. Watson,_Miamber FIDMN Date: - Last Four�off SSJN if Sole Proprietor. h. ATTEST:. Date: Chaistine.S.' Pautey, Citrk :Treasurer. . Date' CERTIFTCATE:OF IIvSUR�1NCE PRODUCER: - I)AMSSURD, OS2542016 LESTER KAUMNSON AGENCY, INC COi4F',\NY: WOR MIICN.EL KA1 NIAMON . I CQ% C=- AiN ukDimwRnm' s AT i.i OYD'S / P.U. EOX949Q08. LONDON AL1I'I7AND, FT, 3X;?s-000,$ , . PH: (4D7) 60560001 P#%X: (407) 6151fi10 POLICY A'UMBER: CNPisfu - IXAt.NA�1CQIiCOM1NTil:EMk7 gjaQnj&LMw ' NAMM INSURED. EFFEC73Y[i UATH ED(PIRATION DATE: CIRQUE LE.MASQUE C/O MOM M SC14USSEL 122 MERIDIAN ViENV iSS;E OYN'ION BEACH, FL -33M` . . 06)231-016° 06113!1016 C&UM DAYS AT 12:01'All. LO C ALSTAMARDTALE) : COVERAGE 1NFOR.\4ATOti 7m CS.TO m'i1FY 71IATTUFi POLICY(S) OF B%-oURANM LISTED BQ,OW IIAVBBELN ISSUED TO TIM NSURW N.L%lm,%UoVUl--m7W..POLI(-^YPz.=DINDICAlw.NON'wMiSfANDWUANyRBCCU=NgD C,7EIQ._(S)OR- QOhmn Oh(J')OP&NYCON7RAcroRoTmot=b.% s-rWIMRFSPBCfTOWii1GI.IGS.cE=F.CATi MP,OAY BEISSUIDORSLAYPTS4TAIM.71MWURANCSA:^F,MDFOBYTHEPpIXMDLSCMED.F=�ENiSSUBmci m ALR 77*1iTL\iS.i]CCLUSiO�SA IDGR'OD19SlfOt1SQFSUCHPOI2CIF_4 it?QCISOFTiABBfIYSmtYNMAY IIAVI;BMR©LXCDBYAMYPATDCLIAIS ' .. TYPE OF INSURANCl LMIYS;. - LX- GENERAL LIABILITY.OFIIJMAL (ANNUAL) AGGREOATF- Sl.0U�000 CLAIMS MADE . '. LLMMM PRODUCCS AGGREG ATE: S')- . ZMANUSCRiPTPOLICYFORM PERSONAL& ADV. INJURY: S.D. ' ST.ACIiOCK:iTFtRF.NCE: FI ,SE,DOD.GDD E DAMAM (ANY ONE FlRh): S-0. RETRODATE 052=16 - (AT 1201 All. LCCAL STANDARD TM) ADDITIONAL D il% D(S): CTTY OF CAR\lEL /ARE F1 RMY ADDED AS ADDITiOYAL INSUREDS) ONLY AS THEIR T b1AY APPEAR M RESPECTS To THE. OPERATION(s) pERFDRMED BY THE NA:M'D A,URED AND'OR THEIR 1PLOYETT.(S) ONLY, CII T-EFICATE ONLY VALID WMI I ATTAOILD ADDENDUM "A" WrL Il DESCRIPTIO;] OF L[AHllT1Y CO\ IiRAGL(S) ORDEJ) RWMARSAL DATE(Sr W 3=16 . EVE?.'T DAT -;A: 06/24015 (SUPPLYING SIROLLIKWUGGI TNG PERFOILMRS FOR COCKTAIL PARTY) -EVFWrLOCATTO\c CM*-MRFORTIiEPERFORIMINGARTS -CAMIELLVDLWA.. THIS CM=, CATE, IS ISSUED AS A MAT ER OF INk(hWATION ONLY A0 CONOERS NO RIGIM' .UPON ,i ; . . CFATMCATE HOLDMLTHIS.(EXMCAlh DOES NOTANaND. EXTEND OR ALTIM THE COVERAGE(S) AFFORDED BY THE POLICY(s) LIMM. `MUTS SHOWN ARE THOSE IN EFiTsCi AS OP POLICY INCEPTION' SHOULD ANY OF THE ABOVE DESCRIBED POLICY(S) 3E CA,tiCF I a . n BEFORETIFF. EXPLRATiON DATE THEREOF, ME ISSUING COMPANY WILL ENDE.AVORTO MAIL JL DAYS' Darr --N NOiT(3 TO THE CF2tmcAm T10LDLR NA:YII,MDEUDW, Alii PAI.URr, TO AlAn. SUCH NOTICE SiLu T. iMPOSIi NO OBLIGA'no M) au4R Ia,T,. allY(s) OF . . ANY KIND UPON TI1L COMPANY, TM AGEN'TS_&&R REPRFSi?WA'i VPs =R KAIMAlYSO P t1L CERTIMATE HOLDER? ADDMONAL RMIRED AUIIIOWZED VE: CITY OF CARAI%I. ... VEL7VICSQ:JARIR . 4ti fl, INDIANA X .. .. . SffTClils, XAL% AINSON/ PRESIDL•'NT ® }' Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 9 of 9 PURCHASE ORDER NUMBER J� FEDERAL EXCISE TAX EXEMPT 33810 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, n APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 5/26/2016 370584 PERFORMANCE ON 6-24-2016 FOR USCMI ANNUAL MEETING CIRQUE LE MASQUE Community Relations VENDOR 9122 MERIDIAN VIEW ISLE SHIP 1 Civic Square TO Carmel, IN 46032- BOYNTON BEACH, FL 33473 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 5185 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department.' 1203 1 Each Account., 43-693.00 Fund., 101 Genera! Fund PERFORMANCE ON 6-24-2016 FOR USCM ANNUAL MEETING $42,000.00 $42,000.00 Sub Total $42,000.00 x J_ I f 1 Send Invoice To: Community Relations 1 Civic Square Carmel, IN 46032- "_.. PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT PAYMENT $42,000.00 SHIPPING INSTRUCTIONS •cuiv PREPAID. ). SHIPMENT CANNOT BE ACCEPTED. . -. -:HASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CONTROI-No. 33810 CLERK -TREASURER ° A/P 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APP, OP!I N SUFFICIENT TO PAY FOR THE ABOVE ORDER. RESOLUTION NO. BPW-06-15=16-02 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. follows: NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 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 _Tt,nj� , 2016. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer ate: Mary Burp,.615_' V Date: Lori N Wats ' ,, ember Date: & // S // M. Date: SAE Bass\My Documents\BPW-Resolutions\Acknowledge Cirque Le Masque Inc Performance Agreement.docx6n/2016 12:38 PM RESOLUTION NO. lBPW-06-I5-16-02 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 "C6ntract" ); 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. follows: NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 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 day of , 2016. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: - Christine Pauley, Clerk -Treasurer Date: SAE Bass\My Documents\BPW-Resolutions\Acknowled.-e Cirque Le Masque Inc Performance-A.-reement.docx6n/2016 12:33 PM RESOLUTION NO. IBPW-06-15-16-02 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT'OF PEA RItOMANCE 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. follows: NOW, THE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 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 day of , 2016. CITY OF CARMEL, INDIANA By and through its Board of Public. Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Christine Pauley, Clerk -Treasurer Date: SAE Bass\My Documents\BPW-Resolutions\Acknowledge Cirque Le Masque Inc Performance Agreement.doex6f7/2016 12:38 PM