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HomeMy WebLinkAbout01-23-19-04/Jeff Peterczak/1,100/Performance Agreement for the Festival of IceRESOLUTION NO. BPW 01-23-19-04 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. SO RESOLVED this day of , 201�. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: rrrr� n tJL P` James Brainard, Presiding Officer ATTEST: Christine Pauley, Clerk -Treasurer Date: — — S:NE Bass\My Documents\BPW-Resolutions\2019Wcknowledge Performance Agreement - Jeff Peterczak.docxl/8/2019 2:48 PM 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 Jeff Peterczak, an individual or entity authorized to do business in the State of Indiana (the "Performer'). 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 $1,100.00 (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, 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 attomeys' 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 attomeys' 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 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 -wit; iii, 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 herein 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 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 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 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 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: X James Bf6inard, Presidin Officer Date: " W_ GY,4u-f Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Christine Pauley, Clerk -Treasurer Date: 0 JEFF PETERCZAK ("Performer") By: Authorized Signature Printed Name Title FID/TIN: Last Four of SSN if Sole Proprietor: 1� Date: Festival of Ice at Center Green *:I:I l:l 111 r_1 What: The Festival of Ice at Center Green - Ice Carving Competition Where: The Ice at Center Green, 10 Center Green, Carmel, IN 46032 When: Friday, January 11 through Sunday, January 13, 2019 THE FESTIVAL OF ICE WILL PROVIDE THE FOLLOWING Friday, January 11 1- 20 amp independent circuit for power 3 blocks of ice provided by The Ice Studio Carvers will clear their own debris Saturday, January 12 1- 10 x 10 tent with 2 side panels. Tents will be used if necessary for shade. 1- 6ft table for tools 1 - 20 amp independent circuit for power 4 blocks of ice provided byThe Ice Studio An area will be set up for ice debris and cleared as needed by the Festival. Sunday, January 13 Stage for carving competition Independent circuit for power 1 block of ice on a pedestal per round provided by The Ice Studio EQUIPMENT STORAGE A shared but will be provided to store Performer's equipment on Friday, January 11 and Saturday, January 12. This but will be available at Spm on Friday and Saturday and locked at 8:00 pm each night. Hut will be unlocked at 10:30am on Saturday and 11:00 am on Sunday. The Festival is not responsible for items placed in but at any time. EVENT DESCRIPTIONS Friday, January 11— Freestyle Carving Demonstration in the Arts & Design District, 4-6 p.m. • Stations will be available for Performer to set up tools beginning at 2:00 p.m. • Performer may begin to work on their ice as early as 2:30 p.m. but must begin no later than 4:00 p.m. • Sculptures must be complete by 7:00 p.m. Saturday, January 12 — Freestyle Carving Competition at Center Green • Stations will be available for Performer to set up tools beginning at 10:00 a.m. • Performer may begin to work with their ice as early as 11 a.m., but must begin work no later than 12:00 p.m. • Sculptures must be complete by 5:00 p.m. • Winners will be determined by audience ballots and announced by 5:30 p.m. • Award checks will be mailed to winners following the competition Sunday, January 13 — Freestyle Head -to -Head Carve -Off Competition at Center Green • Event with MC beginning at noon and ending by 3:00 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 • Performerswill be responsible to move their pieceto a designated area on the stage once complete. • Winners will be determined by audience applause • Award checks will be mailed to winners following the competition ACCOMMODATIONS AND PAYMENT • Hotel accommodations for Performer will be provided at The Renaissance Indianapolis North for the nights of Friday, January 11 and Saturday, January 12 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. • Performer will receive a check in the amount of $1,100.00 on Sunday, January 13 at the completion of the competition. • Performer will be given $20.00 in vouchers redeemable for the duration of the festival at either of the food vendors at the Festival. No Cash value. • A meal will be provided for Performer immediately following Saturday's competition.