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HomeMy WebLinkAbout02-21-18-04/Harvey Russell/1,000/Performance Agreement for the Festival of IceRESOLUTION NO. BPW 02-21-18-04 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT 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. '/ T SO RESOLVED this day of hwc , 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: 4 ames Brainard, Presiding Office Date:?/��� Mary Anff Burke, Date: T __. n VEY S:\E Bass\My Documents\BPW-Resolutions\2018Wcknowledge Performance Agreement - Harvey Russell.docxVU2018 9:55 AM PERFORMANCE AGREEMENT This Performance Agreement (the "Agreement"), which shall be effective as of the date it is last signed "Effective Date"), is now entered into by and between the City of Carmel, Indiana, by and through its Boar (the "City"), and ! Russell, an individual or entity authorized to do business in the State of Indiana (the fo a party hereto (the Board of Public Works and Safety 1. Performance. The Performer shall provide the live entertainment that is described in Exhibit A ( hi h is attached ch incorporated herein by this reference. which is attached hereto and 2. Payment. Pursuant to the payment term set forth in Exhibit A, the City shall pay to the Performer the sum of $1000.00 (the "Payment'), which shall constitute all monies due and owing to the Performer from the City for or related to the 3. Non -Performance. If the Performance is cancelled by the City, then the City shall pay to the PerformerPerformance, Payment sum as specified in Paragraph 2 hereinabove. If the Performance is not provided by the Performer 1 hereinabove, the Performer shall pay to the City one-half of the Payment sum as s the full amount of the Paragraph 2 here nabove in Paragraph Pecked in Pa 4. Sales, Neither the City nor the Performer shall sell tickets or charge Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Pe Performance location, and the Performer shall retain all proceeds therefrom to the Performance. On the Performance Date, the m without contribution to the Ci yormer's merchandise at the 5. Relationship. The Performer is not, and shall not be considered for an hereby agrees to indemnify and hold harmless the City, and the City's officers, officials, employees agents, against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, to be, the employee of the City, The Performer court costs) that result from any claim for wages, benefits, or otherwise b an r nts, and attomeys, from and any actions of the Performer and/or the Perfo►mer's agents, employees, or contractors a without limitation, reasonable attorneys' fees and Y y agent, employee, or contractor of the Performer or from 6. License. The Performer hereby grants to the City a license (the "License") to holo t or regarding the Performance. 6. through any medium (whether print, digital, or other advertising or marketing the City, the Venue, the Carmel Arts and Design District,Pe and/or and video record, or otherwise depict, in, on, media format), the Performer and the Performance, for use by the City in The License shall survive the termination of this Agreement. and City sponsored or City -related events. 7. Indemnity. The Performer hereby agrees to indemnify and hold harmless the City and the Cit 's off agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, reasonable attorneys' fees and court costs) that result from the Performance or the breach of this Agreement clu of, with , employees, ( n9. without limitation, 8. Assignment. The Performer shall not assign this Agreement or any of its obligations hereunder, by Performer, 9. Copyright Permission, The Performer hereby agrees to obtain all necessary from the copyright holder(s) of all songs or other works that is not in the public domain and that will be hereby part a Permissions from BMI, ASCAP, SESAC, or directly agrees to indemnify and hold harmless the City, and the Citys officers, officials, employees, agents, and attorneys, against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, without limitation, reasonof the Performance, and court costs) that result from the Performer's failure to obtain such permissions, eys, from and able attorneys' fees and 10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws' rules, regulations and codes applicable to the Performer's performance of its obligations under this Agreement executive orders, Provisions thereof are incorporated herein by this reference. The Performer agrees to indemnify and hold harmless loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. Performer further and all relevant agrees to comply with all lawful orders of the City with regards to or related to the Performance, des. The the City from any 11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, a comply with all laws of the United States, the State of Indiana and the City prohibiting discrimination against an employee, for employment, or other Y gents and contractors shall 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 related to their employment or su Y ting, applicant race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran subcontracting, because of status. 12. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certiires that it does not engage rrr the Country of Iran. 13. E -Verify. Pursuant to I.C. § 22-5-1.7, �t sem, as the same may be amended from time to time, and as is incorporated herein by th reference. the Performer hereby certifies that, to the extent the Performer has any employees, the Performer has enrolled and participating in the E -verify program and does not knowingly employ any unauthorized aliens. Should the Performer violate Indiana's 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 and governed by the laws of the State Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is tiled hereunder, they waive their nigh to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over the same. 15, Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms 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 City with respect to the subject matter hereof, and supersedes all prior oral 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 that the persons 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 legal advice and the assistance of counsel throughout negotiation of this Agreement, and enter into the same freely, voluntarily, and without any duress, undue influence or coercion. iN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: THE CiTY OF CARMEL, INDIANA, by and through its Board of public Works and Safety (-City-) By: James Inard, residing Officer Datil: S�a� Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST Christine Pauley, Clerk -Treasurer Date: (°Performer") Authorized Signature Printed Name' Title FiD/TIN: 'q� _Lj Last Four of SSN if Sole Proprietor: (� Date: ; 1 EXHIBIT A What: Festival of Ice - Ice Carving Completion Where: The Ice at Center Green, 10 Center Green, Carmel, IN 46033 When: Saturday, February 17 — Sunday, February 1S The Festival of Ice will rovide Performer's Carvin station with: • 1 - 10x10 tent and 2 side panels. Preference is not to use tents unless necessary for shad • 1 -6ft table for tools e. • 20 amp independent circuit for power • 4 blocks of ice provided by The Ice Studio • An area will be set up for ice debris and cleared as needed by the Festival. • A but will be provided a but to store Performer's equipment Saturday February 17 th o This but will be available at Spm on Saturday and locked at 8:00 pm. Hut will be unlocked at 11:30am Sunday. o The Festival is not responsible for items placed in but at any time. Saturday February 18" This is a freestyle completion, i.e. Performer's choice. • Stations will be available for Performer to set up tools from 9:00 a.m. — 12:00 .m. Sat • Performer may begin to work with their ice as early as 11 a.m., but must p Saturday. P.M. begin work no later than 12:30 • Sculptures must be complete by 5:00pm Sunday February 18th • Sunday format will be a head to head carve off. • Event with MC beginning at 1:00 P.M, and ending by 5:00 p.m. • 1 block of ice will be provided on a pedestal. • Competition brackets will be determined by number of participants • Rounds will allow for 20 minutes of carving • Performers will be responsible to move their piece to a designated area on the stage • Rounds will be informally .1 judged ed by audience applause. g once complete. • Hotel accommodations for Performer will be provided at The Renaissance for the buffet. Performer will February 18" along with 2 passes for the breakfast bube allotted Additional passes may be purchased by Performer upon check in, night of Saturday, one guest room. Payment and Meal Tickets: • Performer will receive a check in the amount of $1,000.00 on Sunday at the completion Performer will be given $20.00 of vouchers redeemable for the duration of the of the competition. festival at any of the food vendors at the Festival. No Cash value. • A meal will be provided for Performer immediately following Saturday's competition.