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Home My WebLink AboutBen Goebel/CRED/$1,200/Performance Agreement - Ice Carving Services for Festival of Ice Event 000uoign Envelope ID: oa7ycsFyesEu-4oau-A2FneAE1oEo7oeo4 *ROVED PERFORMANCE AGREEMENT ~`^°~ ^'"�"^~b^`"`^`' This Performance Agreement (the 'Agreement'), which shall be effective as of the date U in |umt signed by o party hereto (the ^E#nnUme Date'), is now entered into by and between the City ofCarmel, |ndiana, by and through its Board nf Public Works and Safety (the'City'), and Ben Goebel, an individual or entity authorized to do business in the State of Indiana(the 'Performer'). 1. Performance. The Podonnor shall provide the ||vo entertainment that is described in Exhibit /\ which is attached hereto and incorporated herein by this reference, 2. Payment. Pursuant to the payment term met forth in Exhibit A, the City nhmU pay to the Performer the sum of $1.20U.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 Pedbnnamoa 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 hemimabnvm. 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 ooU tickets orcharge admission to the Performance. On the Performance DoVm. the Performer may, in conformance with the |awm, rules, and regulations of the Venun, oo|| the Podmnnor'o merchandise at the Performance location,and the Performer shall retain all proceeds therefrom without contribution to the City. � � hi Relationship. The Performer in not, and ohuU not be considered for any purpose to be, the employee of the Qb/. The Performer hereby agrees to indemnify and hold hann|oeo the City, and the City'o NDmam, offisia|n, emp|oyeon, agonts, and oltovnoyn, from and against all claims, suits, judgments, |iobi[iMon, kmooa, oonts, and expenses (including, without limitation, reasonable attorneys' fees and court costs) that result from any claim for wages, benefits, or otherwise by any agent, empkoyee, or contractor of the Performer or from any actions uf the Performer and/or the Performer's agents, employees, nr contractors etnr regarding the Porformnanvu | � � G. License. The Poqormer hereby grants tnthe City m ||menoo(the'License') to photograph, video veoord, or otherwise dopict, in, on, or through any medium (whether phnt, digiba|, or other media format), the Performer and the Perfnrmonoo, for use by the City in advertising or marketing the City, the Venue, the Carmel Aft 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 agnpoo in indemnify and hold harmless the City and No City'o offinom. NUoia|o, mmp|nyeyo, agents, and attorneys from and against all claims, suits,judgments, |i@bi|ih*n. |00000, 000kp, and expenses(including, without|imit@1ion, roeoonableoMomoyo fees and court costs)that result from the Performance or the breach of this Agreement by Perl'ormer. V. Assignment. The Performer shall not assign this Agreement m any of its obligations hereunder, H. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BM|. A9CAP, SES8C, or directly from the copyright holder(s) of all songs or other works that ie not in the public domain and that will be part of the Pndormanoe, and hereby agrees N indemnify and hold harmless the City' and No Qty'o offiomm, offio|m8o, omp|oyeen, agents, and attornnyn, from and against all claims, suits,judgments, liabilities, |ooaao, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs)that result from the Pedunnor'S failure h`obtain such permissions. 10. Compliance wdth Lmu\ Lawful Orders. The Performer agrees to comply with all federal, ohaho and |000| lamm, exeoohwo nrdnm, rules, regulations and smdon applicable to the Performer's performance of its obligations under this Aomomont, and all relevant provisions thereof are incorporated herein bv this reference. The Performer agrees bn 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 o/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 k/ 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 LoLC. §5-22-16.5, the Performer hereby certifies that it does not engage in investment activities within the Country ofIran, DocuSign Envelope ID: D379C9F9-2EE2-4335-A2F0-0AE1 DED7B9D4 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. 16. Force Majeure.Neither Party shall be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots,war, terrorist act,epidemic, pandemic,quarantine,civil commotion, natural'catastrophes,governmental acts or omissions,changes in laws or regulations,national strikes,or fire. If performance of the Agreement,including the performance of the Carmel Festival of Ice, becomes impossible due to a Force Majeure event,the City may terminate the Agreement without any liability for damages to Vendor. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows: THE CITY OF CARMEL, INDIANA, BEN GOEBEL by and through its Board of Public Works and Safety("City") ("Performer") By: By: *Mayor Not Present* --' James Brainard, Presiding Officer Authorized Signature Date: Ben Goebel Doc S' tl Pun Qti, matt, Printed Name rycAlrig�r ember Date: /b0 Title �DowSignetl by' tar lkatsoo `—tert'Sa Via y, er FID/TIN: 814/.. Date: Last Four of SSN if Sole Proprietor: ATTEST: Date: 12/22/202 1 �DowSignetlIb``y' Sue_ LLkk DateW � 2OZ 2 DocuSign Envelope ID: D379C9F9-2EE2-4335-A2F0-0AE1DED7B9D4 The City of Carmel Festival of Ice Exhibit A What: The City of Carmel Festival of Ice - Ice Carving Exhibition Where: Saturday: Carmel Arts & Design District, Main Street, Carmel, IN 46032 Sunday:The Ice at Carter Green, 10 Carter Green, Carmel, IN 46032 When: Saturday:January 8, 2022 (4-7 p.m.) Sunday:January 9, 2022 (8 a.m. — 1 p.m.) and (2 p.m. —5 p.m.) THE CITY OF CARMEL FESTIVAL OF ICE WILL PROVIDE THE FOLLOWING: Friday, January 7—Carmel Festival of Ice, ice block creation at Carter Green— "CARMEL" and "Allied Solutions" logo. Stephan will build in studio and deliver— he will invoice City of Carmel separately. Pedestals Color Gels 1—20-amp independent circuit for power(a second 20-amp independent circuit for power depending on location of Allied Solutions logo sculpture may be needed.) Saturday, January 8—Carmel Arts & Design District Ice Displays on Main Street 4-7 p.m. 1- 10 x 10 tent Tents will be used for social distancing 1—20-amp independent circuit for power 3 blocks of ice provided on pedestal byThe Ice Studio Stanchions set up to provide social distancing Color gels Bucket of water— City provides Bucket of Salt— City provides Carvers will clear their own debris Sunday, January 9— Ice at Carter Green Ice Displays 8 a.m. -1 p.m. 1- 10 x 10 tent with 2 side panels. Tents will be used for social distancing 1— 6-ft table for tools 1—20-amp independent circuit for power 4 blocks of ice on pedestal provided by The Ice Studio Color gels DocuSign Envelope ID: D379C9F9-2EE2-4335-A2F0-0AE1DED7B9D4 Bucket of water— City provides Bucket of salt—City provides Stanchions set up to provide social distancing An area will be set up for ice debris and cleared as needed by ice assistants Sunday, January 9— Quick Carving Show Demonstration at Carter Green 2 p.m. —5 p.m. • Stage • Thirteen Blocks of Ice • Electrical power • Master of Ceremonies (DJ) for enhanced environment entertainment EVENT DESCRIPTIONS: Saturday, January 8— Freestyle Carving Demonstration in the Carmel Arts & Design District, (Main Street) 4-7 p.m. • Stations will be available for Ice Carver Performer to set up tools beginning at 2 p.m. • Performer may begin to work on their ice as early as 2:30 p.m. but must begin no later than 4 p.m. • Sculptures must be complete by 6 p.m. Ice Carver Performers stay for community questions until 7 p.m. • Performer MUST let Meg Osborne know in advance if she/he wants to be placed in proximity to another carver. Last minute changes cannot be accommodated. Sunday, January 9— Freestyle Carving Demonstration including "People's Choice Ice Carving Displays" at Carter Green 8 a.m. — 1 p.m. • Four blocks of ice will be provided on a pedestal with gel color • Stations will be available for Ice Carver to set up tools beginning Sunday morning • Ice Carver Performer must begin work no later than 8 a.m. • Sculptures must be complete by 1 p.m. • Ice Carver Assistants on site entire event with instructions from Ice Carver Performers • Winners will be determined by audience ballots open until 4:00 p.m. • Award checks will be mailed to winners Sunday, January 9— Quick Carving Show Demonstration at Carter Green 2 p.m. —5 p.m. • Thirteen blocks of ice will be provided • Participation as directed by Indiana Ice Studio, Inc. 69 Blocks of Ice will be delivered DocuSign Envelope ID: D379C9F9-2EE2-4335-A2F0-0AE1DED7B9D4 ACCOMMODATIONS AND PAYMENT • Hotel accommodations for Ice Carver Performer and Ice Carver Assistant will be provided at Hotel Carmichael during The City of Carmel Festival of Ice event, January 7—January 9, 2022. These accommodations are only for the dates listed above and no more than three nights will be provided. The Ice Carver Performer and Ice Carver Assistant will also be provided one voucher for the hotel's restaurant, Vivante French Eatery. Performer will be allotted one guest room. Additional restaurant vouchers may be purchased by Performer or Assistant upon check-in. • Ice Carver Performer will receive a check in the amount of$1,200.00 on Sunday, January 9 at the completion of the exhibition, as long city paperwork is completed & submitted • Ice Carver Assistant will receive a check in the amount of$500.00 on Sunday, January 9 at the completion of the exhibition, as long city paperwork is completed & submitted • A dinner will be provided for Ice Carver Performers and Ice Carver Assistants after Saturday's ice display exhibition at 8 p.m. • A breakfast voucher of$25.00 will be provided on Sunday at the Hotel Carmichael/Vivante French Eatery for each Ice Carver Performer and each Ice Carver Assistant DocuSign Envelope ID: D379C9F9-2EE2-4335-A2F0-OAE1DED7B9D4 Page 1 of 1 INDIANA RETAIL TAX EXEMPT 9 Ii 1tCity of IIairnni el CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 1 II 061111 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 12/13/2021 375469 ICE CARVING SERVICES FOR FESTIVAL OF ICE BEN GOEBEL COMMUNITY RELATIONS VENDOR 7505 WHITMORE LAKE RD SHIP 1 CIVIC SQ TO Carmel, IN 46032- WHITMORE LAKE, MI 48189- PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 61925 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Fund: 101 General Fund Account: 43-590.03 1 Each ICE CARVING SERVICES FOR FESTIVAL OF ICE $1,200.00 $1,200.00 Sub Total $1,200.00 i riOc 4/(Y-gi,54-rri, , f/ Send Invoice To: %1-''i%E;2i% %/l/%%%% % '/ COMMUNITY RELATIONS J %` 1 Civic Square Carmel, IN 46032- �/ PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $1,200.00 SHIPPING INSTRUCTIONS *A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.0. 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 LABEL *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 1.4w44c.-ct/ 1� Q e AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY O Nancy Heck TITLE Director CONTROL NO. ,11 ,11 CONTROLLER