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HomeMy WebLinkAbout02-21-18-07/Matt Stoddart/1,000/Performance Agreement for the Festival of IceRESOLUTION NO. BPW 02-21-18-07 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. NOW, THEREFORE, 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 day of .2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: / es Brainard, Pre idii ffice Date: Mary Ann Bu e, Me er Date: Lori S. Wa on, ber / Date: 8 AT ristine Pauley, C��r Date: SAE BassNy Documents\BPW-Resolutions\20181Acknowledge Performance Agreement - Matt Stoddart.docx2/6/2018 9:51 AM PERFORMANCE 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 Matt Stoddart, an individual or entity authorized to do business in the State of Indiana (the "Perfomw). 1. Performance. The Performer shall provide the live entertainment that is described in Exhibit A, which is attached hereto and incorporated herein by this reference. 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 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, Hies, 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. S. 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 Performers 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 Cartmel 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 attomeys' fees and court costs) that result from the Performance or the breach of this Agreement by Performer. 6. 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 Citys officers, officials, employees, agents, and attorneys, from and against all claims, suits, judgments, Wilities, 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, sties, 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 related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12, Iran Certification. Pursuant to I.C. § 5-22-16.5. the Performer hereby certifies that it does not engage in investment activities within the Country of Iran. 13. E -Verify. Pursuant to I.C, § 22-5-1.7. et seq., as the same may be amended from time to time, and as is incorporated hereir, by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the Performer has enrolled and is participating in the E -verify program and does not knowingly employ any unauthorizea 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 and governed 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 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 appropnate 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 wdtten 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 the 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. mes Brainard, Pr siding Offiber ate: ,< /. -9 O /5�' Mary Ann Burke, Member Date: Lon S. Watson, Member Date: ATTEST Christine Pauley, Clerk -Treasurer Date: ("Performer") By: Authorized Signature h4uw Printed Name Leg ; &-�e- yrs f - Ti le - FID/TIN, Last Four of SSN a Sole Proprietor: Y-2 J Date: I [ 2`1 As 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 18 The Festival of Ice will provide Performer's carving station with: a I - l OX10 tent and 2 side panels. Preference is not to use tents unless necessary for shade. s 1 -6f} table for toots a 20 amp independent circuit for power • 4 blocks of ice provided by The Ice Studio a An area will be set up for ice debris and cleared as needed by the Festival. a A but will be provided a but to store Performer's equipment Saturday February 17'h 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 1St" 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 p.m. Saturday. a Performer may begin to work with their ice as early as l la.m., but must begin work no later than 12:30 p.m. a Sculptures must be complete by 5:00pm Sunday. February 10 . 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. a 1 block of ice will be provided on a pedestal. s Competition brackets will be determined by number of participants 0 Rounds will allow for 20 minutes of carving • Performers will. be responsible to move their piece to a designated area on the stage once complete. • Rounds will be informally judged by audience applause. • Hotel accommodations for Performer will be provided at The Renaissance for the night of Saturday, February 18t4 along with 2 passes for the breakfast buffet. Performer will be allotted one guest room. Additional passes may be purchased by Performer upon check in. Payment and Meal Tickets: • Performer will receive a check in the amount of $1,000.00 on Sunday at the completion of the competition. • Performer will be given $20.00 of vouchers redeemable for the duration of the festival at any of the food vendors at the Festival. No Cash value. a A meal will be provided for Performer immediately following Saturday's competition.