HomeMy WebLinkAboutBen Goebel/CRED/$1,600/Professional Services - Ice_Carving_-_2023_Festival_of_Ice_at_Carter_Green. DocuSign Envelope ID:90B4CA35-810E-4B4C-8A71-145F6440AD8E
'APPROVED
PERFORMANCE AGREEMENT
By Bergey Grechukhin of 12:29 pm,Dec 12,2022
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 Ben Goebel, 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 $1,600.00 (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 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.
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.
DocuSign Envelope ID:90B4CA35-810E-4B4C-8A71-145F6440AD8E
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:
Not Present
James Brainard, Presiding Officer Authorized Signature
Date:
(—DocuSigned by: Ben Goebel
114.an Qom, bwrie. Printed Name
Date:
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Doc°Signed by: Title
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Date: 12/21/2022
Last Four of SSN if Sole Proprietor: 8947
DocuSigned by: 12.12.22
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DocuSign Envelope ID:90B4CA35-810E-4B4C-8A71-145F6440AD8E
Exhibit A
Festival of Ice at Center Green
SCOPE OF SERVICES
What:The Festival of Ice at Carter Green - Ice Carving Exhibition
Where: Carmel Arts & Design District and The Ice at Carter Green, 10 Carter Green, Carmel, IN
When: Friday, January 20, 2023 (4 - 7 p.m.), Saturday, January 21, 2023 (10 a.m. - 5 p.m.) and
Sunday,January 22, 2023 (10 a.m. - 2 p.m.)
THE FESTIVAL OF ICE WILL PROVIDE THE FOLLOWING:
Friday, January 20—Carmel Arts & Design District Ice Displays on Main Street 4 - 7 p.m.
1- 10 x 10 tent
1 - 20 amp independent circuit for power
3 blocks of ice provided on pedestal byThe Ice Studio
Stanchions set up
Color gels
Bucket of water— City provides
Bucket of Salt— City provides
Carvers will clear their own debris
Saturday, January 21— Ice at Carter Green Ice Displays 10 a.m. - 5 p.m.
1- 10 x 10 tent with 2 side panels.
1- 6ft table for tools
1 - 20 amp independent circuit for power
4 blocks of ice on pedestal provided by The Ice Studio
Color gels
Bucket of water— City provides
Bucket of salt— City provides
Stanchions set up
An area will be set up for ice debris and cleared as needed by ice assistants
Sound and DJ music
Sunday,January 22 — Freestyle Carving Demonstration at Carter Green 10 a.m. - 2 p.m.
Stage with tables
Bucket of water— City provides
Bucket of salt— City provides
Stanchions set up
1 - 20 amp independent circuit for power
An area will be set up for ice debris and cleared as needed by ice assistants
Sound and DJ music
Blocks of ice on pedestal provided by The Ice Studio
DocuSign Envelope ID:90B4CA35-810E-4B4C-8A71-145F6440AD8E
EVENT DESCRIPTIONS
Friday, January 20— Freestyle Carving Demonstration in the Carmel Arts & Design District
on Main Street 4 - 7 p.m.
• Stations will be available for Carver to set up tools beginning at 2 p.m.
• Carvers may 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 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.
Saturday, January 21— Ice at Carter Green Ice Displays 10 a.m. - 5 p.m.
• Winners will be determined by audience ballots open until 4:00 p.m.
• Award checks will be mailed to winners
• Carvers may work with ice as early as 9 a.m., but must begin work no later than 10 a.m.
• Stations will be available for Ice Carver to set up tools beginning at 8 a.m.
Sunday,January 22 — Freestyle Carving Demonstration at Carter Green 10 a.m. - 2 p.m.
• Four blocks of ice will be provided on a pedestal with gel color
• Stage will be ready for carver as early as 9 a.m.
• Sculptures must be complete by noon
• Award checks will be mailed to winners
75 blocks of ice will be delivered
ACCOMMODATIONS AND PAYMENT
• Hotel accommodations for Carvers will be provided at Renaissance Hotel with one food
voucher. Carver will be allotted one guest room. Additional restaurant vouchers may be
purchased by Carver upon check-in.
• Carver will receive a check in the amount of$1,600.00 at the completion of all exhibitions.
• A meal will be provided for Carver at 8:00 p.m. immediately following completion of Friday's
ice display exhibition. Location to be determined.
DocuSign Envelope ID:90B4CA35-81OF-4B4C-8A71-145F6440AD8E Page 1 of 1
INDIANA RETAIL TAX EXEMPT 9
City of Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 106969
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
11/8/2022 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
70473
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE I EXTENSION
Department: 1203 Fund: 101 General Fund
Account: 43-590.03
1 Each ICE CARVING SERVICES FOR FESTIVAL OF ICE $1,600.00 $1,600.00
Sub Total $1,600.00
OF CA19
III
9, 5 Q
i' i I a , i 1 'I•I 1
Send Invoice To: ti '
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032- * _„-
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $1,600.00
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 LABEL
*THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 CtnMcu i 74LeiL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Nancy Heck
TITLE Director
CONTROL NO. 106969 CONTROLLER