HomeMy WebLinkAboutBrad Fields/CRED/$1,100/Performance Agreememt - Plein Air Painting DocuSign Envelope ID: 1A477E69-9680-4394-B75E-DFCE2E5C2E9B
[APPROVED
PERFORMANCE AGREEMENT By Jon Oberland..at 10:O6 dm,May 24,2021
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 Brad Fields, 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 an amount not to exceed
$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. Unless the Performance is cancelled or delayed due to a Force Majeure event, 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 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.
DocuSign Envelope ID: 1A477E69-9680-4394-B75E-DFCE2E5C2E9B
,1,, .
1,2f 1000 esubdegitord Pursuant to'LC, dfji 11222'116,51 310 POO 354 1211031' t'' ' 3 1'141(41 '11":':1111l1:11' ''1' 'lig°°11 111: 'the CatteltY CS hsn,
13, Eflietity, Pursuant to 1.11,1 b 2'2-5-1,1,112,,,,,,,,as die Sallie ally lal leaf':' ' it',1',., 11,114,,10', Alc'':..,,,,,,• ,,,,,0 sy,Si s b, ro,;;1104[.:,„ : )by Mk
r el Wel"KM„ 010 PettertneF hentind ossifies hot to the estind tide ch snow has ststs isisoless,4, Is' Peskthmor ists',essoss$ And 11
Participating in ate Wynn*pesidann ens doff ma knosaribleddripiity smy fougurhotitend aka",b.,dikt Ihis Petah fin Agile indissath E"
Vitrify amf, his Ctins May'ielhatithatta Ns Agraameal
14,, Governing Law; lint:teaks. This 11,sgreidestit t'S ka he onitureed fit actifordshes p Stt and 010VOnnied by go 1!1,,,..sys d the StaNt
hdiana, °Wert kr its coriess,oi taws provision&The parties agree hiat in the snag is i t. stint tisf b', beistottis,„ to.„segos td,12 SUM
10 a nisi SAO, apse to hie any such lasene th an apshopinste mixt in Idernifferf County, kW 1 .a lally,f'' A Nose Ohs Idols oust is ts to
etiptsbnifitie vessid for and nes terfsitionon diss,Me sant
15,, lOtallaflansain,,, The iSellethifieh Set toriII Of this ibistedinein stints sidesige lit • bin dishin, et Oil t ossitinsitt. it.f fa
unindanneabillity ht arty term he Cettettite at Otis Agreement"hie not sited Uts Joints in 't si,,aigh ssissySions„isss this SgrsomPstsithS ffe
OffnUnted fin aft fesiestsAis it such invalid or an[[fallonefflals tiPfa af car,. aim 1101 nal bIbn imetuinfint tennett. Tbd ,Agnittit„nt
nOntstithies Me eights agressiterit tiesissen the Periormen and tre City- 'Si ruffall to Oaf if!fai a alfalfa halm,Ial,and,bistinfis' „$al pdat
oral°or sites,tepid: mations and angreements negiaitend sane, This Vets st may only tst rood't „1 by wiled 1 , :sass di if si, smelt
I y:both pastes detted. Thin ssitiss issue:sent bib wittent Mel they ate attiehStette hIS,fethe Att thitS,atht.i.., MIt,Yted that bin hettiOns
ustes utile] MI hypeernefg nave die attnistity to bits/ tint pay fella liPep represent. The ehotUP s salin I ,:Ith41,til aY ;I".4410 res,S this
Agrundwynt and urvaerstand ii, nave had the opportunity to nabs issgal funk*and itsii itt Hiss Hissing souses/throughstS ith,:n resoiltisS is
04 this Agreement bah ebbe nos ide game fresh«,sotuitsrdy„ and without any deteliet Ullita 1. isms.SW setsyntais
11 Fore*litikAutv iNenher Party shall be Iiiallt IV try'feature Of delay Oh pertoneisig as hitt fff nth,.t undo this At osern41$4,I,, 't lidos to
any PIPts gig Inswing mews, to he esfent beyond ed id,.sesagge cslotsys scts4 of Ged,,ac 1,ens iS Its,Ivan ayerniet,,,tel,eg,,,4enety
pordient,quarantine, civil hammothie nada adttehophea goverarnente acts or a.en,tti 6,change/rialtalata a ala'.,f,,,.f„,olio*
strikosi, or fire, ht portarrinhan 1,,,,,l'the n amalgam,MeV ,ing the pentermance at ale Cara ,,I1,,''':Nal d bah kw,' mei n *hen,' 'due to a
Rode fen ,irti ewe*the City fres terminate the if nteemend'yondisitt any liability PIPdastiodes Int Vendor
ry,.,„,,,,„,.ifigiess'4,Vil4fihtittehe rine parwe hateto have bat ,'4101a latkaaa,:,1 tali kr sinitsynt as Itosigteet
THE.f11,2T-Y ch,CNRMEL, 0 NINNY& lanad Fitide,
by and through he Shad ot Pliblic Wohis
and Satiny ithigbd dPerforesse)
st,
v12
Dh,ocuSigne.d by: ,,o, 1, . ,..,,-,04A,,,,,,,,e 11::: ...'• , ,,,, •,, ..,
„..,,,, . . ,„., „_„. . ,,.. .„..._..........._......,,.,.______..„,,......„
orp,TA-prrtilitling 60thrH" .
,,1 ,,,,L, ,„,„n_ta Aohorizine Zt Male
DooSigned by
,,c0:1!' '
741!',(17(;):14;:ellibel,"
D0140 6/2/2021
, DocoSigned by
Adis
141.'$;tifitilLf ,.' Inter FOIYIK,
Down 6/2/201
Las POW°ASSN ft Z1,e idosprintris
ATTESI'':„CD° s1""bY: „
'6zo r, r- ,I
.5..... 0J.N....0
)1S049 WegigheidyPIPf,
thotIL /2..,(3024
"'------ "
DocuSign Envelope ID: 1A477E69-9680-4394-B75E-DFCE2E5C2E9B
EXHIIIIT A
Ar'tists for tu he Inter 11wn al Making t1700ities IsivallitOe Co tit fere ncle
pane - 1 2021
C„0trinel, rkt
ssnosr 0000, rt, utASIrt: Irok P IH11.'S.S ON,A sit,:,!ppip Es FIDE, pL,EIN pup!AR-fleets
4,4 ore 04 Services,d,ourvoi Kates
P p.m [isms. psossio,oss p,Esktiorpss ppe tame%and ul the
aaandad kdadaadf.
,! ,d aaa,dadda ed PIMA If„' ri:110)' ON 01V ctas:111.0,:degdf IlaaaatIon 1rd'fightung PurPcidd°'s,
card' id-H-0 1c 'aide di litr0f,
;PA' ,0 11 000 0. 10 traraorf, IV:0,0100A '101110
• A 0". ',11 t 1(,,111 (,9 q $ , 1114)Of foi;,,' 19 Confet env,Na 550/111trour
iv °
DocuSign Envelope ID: 1A477E69-9680-4394-675E-DFCE2E5C2E9B
Brad EPekts
11639'Niers(lomo
rivkhers,Pi 41437
117 258.2354
Mav 2011
To W545 ral a may Ca/Kern"
'Ilan o t'n 3234 thm smt,pmfivirrved and have no ernpkayeata
ya.voaayano
a*SC: a0,4410,
Brad K4th, '
DocuSign Envelope ID: 1A477E69-9680-4394-B75E-DFCE2E5C2E9B Page 1 of 1
INDIANA RETAIL TAX EXEMPT 9
Cco
ity of II a rm el CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 1
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P
CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
5/5/2021 372815 PROFESSIONAL SERVICES-PLEIN AIR PAINTING
BRAD FIELDS COMMUNITY RELATIONS
VENDOR 11639 TYLERS CLOSE SHIP 1 CIVIC SQ
TO Carmel, IN 46032-
FISHERS,IN 46037-
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
56065
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1203 Fund: 101 General Fund
Account: 43-593.00
1 Each PROFESSIONAL SERVICES-PLEIN AIR PAINTING $1,100.00 $1,100.00
Sub Total $1,100.00
w ao " � 0 0 � dL1, k . 110 4, r
T 6�
w
'e 4 4�fY gyp
f
N
/ Ifil ,, ,lt,
4.
ll�l� alt�fr�,'�1111�1111'Ill �r, `; 1
f r��6i+t f ����j�%�l i rnu, fl nUa
J1t ``' 11,f�,11111Y1��J��j�1111 fl�f /ni> f�;IU��i1fil L ;„
Send Invoice To: "^, ; �1/1����llJrrrllfll//>ffl��>l;;llJllf�ff( ,,,,, /l/lllrl��l//Iffll�l�11�1Ji��%`l If
COMMUNITY RELATIONS "\
4 Nv R AY �"
1 Civic Square 1 p rTw rL�„m�
Carmel, IN 46032- e % i #
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $1,100.00
SHIPPING INSTRUCTIONS *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
*SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
"C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
*PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE _�� � �'Y�"�'c--
*THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Nancy Heck
TITLE Director
CONTROL NO. 1 05208 CONTROLLER