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185036 04/28/2010 CITY OF CARMEL, INDIANA VENDOR: 363028 Page 1 of 1 ONE CIVIC SQUARE VICTORY SUN INC CHECK AMOUNT: $807.50 CARMEL, INDIANA 45032 PO BOX 199114 INDIANAPOLIS IN 46219 CHECK NUMBER: 185036 CHECK DATE: 4/28/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 902 4359003 2010025 807.50 FESTIVAL /COMMUNITY EV l V9 CTORY SUN l PR ADVERTISING EVENTS INVOICE NO. 2010025 INVOICE DATE: 4/6/2010 Victory Sun Inc Vanessa Stiles PO Box 199114 Indianapolis, IN 46219 317.696.7102 Federal ID 20- 5022552 INVOICE Megan McVicker Art of Wine Carmel Redevelopment Commission 30 West Main Street Suite 220 Carmel, Indiana 46032 DATE ACTIVITY DESCRIPTION Hours PRICE 2/19/2010 Logistics Planning Begin Art of Wine timeline 0.75 63.75 Review big picture of Summer events with Megan McVicker and Andrea Stumpf; One hour 2/19/2010 Client Meeting devoted to AOW 1 85.00 Write agenda for 2/19 2/19/2010 Client Meeting meeting 0.25 21.25 Set -up Art of Wine on Event 2/19/2010 Vendor Recruitment Brite 0.5 42.50 2/24/2010 Vendor Recruitment Review vendor documents 0.25 21.25 Meeting with sponsorship 2/25/2010 Client meeting team; 1/4 hour spent on AOW 0.25 21.25 Phone call with Megan re: 3/2/2010 Client Consult dates and logistics 0.25 21.25 Send test eventbrite link to 3/2/2010 Vendor Recruitment Megan 0.25 21.25 3/4/2010 Vendor Recruitment Letter to 209 Vendors 0.5 42.50 Phone call with Megan re: plan 3/4/2010 Client Consult of action for letter 0.25 21.25 1 of 2 2010025 crc art of wine Call Lt. Mike to confirm answers to licensing questions 3/5/2010 Logistics Planning for alcohol safes 0.25 21.25 Art of Wine letters merge and labels; Review registration 3/8/2010 Vendor Recruitment and agreement 1.25 106.25 Update for Huber Winery and discussion via email with Andrea and Megan re: 3/9/2010 Vendor Recruitment Evansville event 0.25 21.25 Email 2009 wineries registration info and paperwork; Send Megan 3/11 /2010 Vendor Recruitment update on to whom I sent 0.5 42.50 Review 2009 vendor response re: Taste Bloomington- and discuss with Andrea and Megan 3/11 /2010 Logistics Planning re: date and overall objectives 0.5 42.50 Email Go2Girls re: Monarch possibilities and their connection with International 3/12/2.010 Vendor Recruitment Wine Guy as vendors 0.25 21.25 Create prospect list from Indiana Wine and Grape 3/12/2010 Vendor Recruitment Council website (start list) 0.75 63.75 Send revised email to 2009 participants tent size 3/16/2010 Vendor Recruitment clarification 10x 20 0.75 63.75 Discuss plan of action for empty storefronts for AOW 3/16/2010 Logistics Planning with Stephanie and Megan 0.25 21.25 Field request from Vicky Richmond re: entertainment for AOW; Send to Megan for 3/22/2010 Entertainment feedback 0.25 21.25 Re -send communication to Cyndy and Rita re: Monarch 3/30/2010 Vendor Recruitment and International Wine Guy 0.25 21.25 INVOICE TOTAL 807.50 Thank you f'or choosing Victory Sun. Winning relationships make you THE star. 2 of 2 2010025 crc art of wine 1 AGREEMENT FOR SERVICES This Agreement for Services (the "Agreement effective as of February 19, 2010 (the "Effective Date by and between The City of Carmel Redevelopment Commission "CRC and Victory Sun, Inc. (the "Service Provider WITNESSES: Recitals WHEREAS, on June 19, 2010, CRC is hosting its annual Art of Wine event (the "Event in Carmel, Indiana; WHEREAS, CRC has determined the need for professional services with respect to the management and coordination of the Event, the scope of which is described on Exhibit A attached hereto and incorporated herein (the "Services WHEREAS, Service Provider has professional expertise in the performance of the Services; and WHEREAS, CRC and Service Provider desire to enter into this Agreement; Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, CRC and Service Provider agree as follows: 1. Services. Service Provider shall perform the Services, up to 177 hours. Service Provider shall be an independent contractor of CRC. The term of this Agreement shall be for a period commencing: (a) on the Effective Date; and (b) ending on the date that is 30 days after the Event. Service Provider hereby acknowledges and agrees that its performance of the Services may be non exclusive, in CRC's sole discretion. 2. Compensation. (a) Hourly Fees. Service Provider's compensation for the Services shall be $85.00 per hour of services; provided that the total amount paid shall not exceed $15.045.00 except as expressly provided in this Section. If CRC and Service Provider agree that Service Provider shall perform the Services in excess of 177 hours (the "Additional Work then CRC and Service Provider either shall amend this Agreement or enter into a new agreement with respect to the performance of the Additional Work. Until such time as there is either: (i) an amendment to this Agreement that includes the Additional Work; or (ii) a new agreement with respect to the performance of the Additional Work; in either case executed by CRC, CRC shall have no obligation to compensate Service Provider for the performance of the Additional Work. (b) Expenses. CRC shall reimburse Service Provider for all reasonable expenses incurred by Service Provider in its performance of the Services, including, without limitation, mileage (within Marion County and the eight surrounding counties), parking, signage, copying, postage, specialty paper, banners, and dumpsters; provided that CRC shall have no obligation to reimburse Service Provider for any expenses not approved in writing by CRC. (c) Payment. To receive compensation described in Subsection 2(a) or 2(b), Service Provider shall submit to CRC an invoice, which invoice shall be reviewed by CRC at its next regularly scheduled monthly meeting; provided that, if the next regularly scheduled monthly meeting occurs during the month in which Service Provider submits its invoice, then such invoice shall not be considered until the next regularly scheduled I monthly meeting after the regularly scheduled meeting that occurs during the month in which Service Provider submits its invoice. 3. Performance. Service Provider shall perform the Services: (a) in coordination with CRC; (b) in accordance with the prevailing professional standards in the Carmel, Indiana, area for similar services; and (c) in compliance with all applicable laws, statutes, and/or ordinances, and any applicable governmental rules, regulations, guidelines, orders, and /or decrees. All Services performed by Service Provider, regardless of whether completed (the 'Work Product shall belong to CRC If performance of the Services requires the entry by Service Provider onto real estate not owned by CRC or Service Provider, then Service Provider shall be responsible for obtaining permission to enter onto such real estate. CRC shall designate the executive director of CRC, currently Les Olds, or his duly authorized representative to act on CRC's behalf with respect to Service Provider's performance of the Services. 4. Relationship. The employees of Service Provider: (a) are (and shall be considered for all purposes to be) the employees or contractors of Service Provider; and (b) are not (and shall not be considered for any purpose to be) the employees or contractors of CRC or the City of Carmel, Indiana (the "City Accordingly, CRC and the City shall have no obligations or liabilities with respect to such employees, who shall look exclusively to Service Provider to discharge all obligations and duties as their employer or principal. 5. Liens. Service Provider shall not suffer or cause the filing of any mechanic's lien against CRC's property, or any part thereof, by reason of labor, services or materials claimed to have been performed or furnished to or for Service Provider. Nothing in this Agreement shall be deemed or construed to: (a) constitute consent to, or request of, any party for the performance of any work for, or the furnishing of any materials to, Service Provider; or (b) give Service Provider the right or authority to contract for, authorize, or permit the performance of any work, or the furnishing of any materials, that would permit the attaching of a mechanic's lien to CRCs interest in its property. 6. Remedies. CRC or Service Provider may terminate this Agreement, without cause, immediately upon wriften notice to Service Provider. If this Agreement is terminated as permitted pursuant to this Section, then: (a) Service Provider shall turn the Work Product over to CRC; (b) subject to, and in accordance with, Section 2, CRC shall pay to Service Provider, as full. compensation hereunder, an amount reasonably attributable to the Services performed by Service Provider as of the date of termination that remain unpaid as of such date. 7. Indemnity. Service Provider shall indemnity and hold harmless CRC from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) that result from: (a) the performance of the Services; (b) the failure of Service Provider to comply with the terms and conditions of this Agreement; and/or (c) the entry by Service Provider onto real estate not owned by CRC or Service Provider in the course of performing the Services. The indemnities set forth in this Section shall survive the termination of this Agreement and the completion of the Services performed by Service Provider. 8. Assignment. Service Provider shall not assign this Agreement or any of its obligations hereunder without the prior written consent of CRC, which consent may be withheld in CRC's sole discretion. g. Nondiscrimination. In connection with the performance of this Agreement, Service Provider shall not discriminate against any employee, applicant for employment, and /or other person in the subcontracting and /or performance of the Services with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of race, age, color, religion, sex, disability, national origin, or ancestry. 10. Miscellaneous. This Agreement shall: (a) bind, and inure to the benefit of, CRC and Service Provider and their respective successors and assigns; and (b) be governed by, and construed in accordance with, the laws of the State of Indiana. This Agreement shall not be construed to create a 2 i contractual relationship with, give rights or benefits to, or create a cause of action in favor of, anyone other than the parties hereto. 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. Each of the undersigned represents that he or she has: (a) the authority to bind CRC or Service Provider, as applicable; and (b) the proper power and authority to execute this Agreement. IN WITNESS WHEREOF, CRC and Service Provider have executed this Agreement as of the Effective Date. CRC: THE CITY OF CARMEL REDEVELOPMENT COM !S ION By: Printed: L 0-5 S O L4-s Title: r-" All"6- 6 -10M. SERVICE PROVIDER: VICTORY SUN, INC. By: fiu �u:& L Printed l' S, 5 P Title: 3 EXHIBIT A Art of Wine Scope of Work Create a comprehensive timeline complete with goals, objectives, tactics and dates of completion Timeline to include communications /promotion plan goals, objectives and tactics Timeline to include suggested meeting dates flan to include a detailed "Day of Event" timeline Timeline to include space for assignments to be made to be completed by designated individuals Assist Carmel Redevelopment Commission in the recruitment of wine vendors Determine a plan of action to ensure each vendor is fully licensed for commercial sale of alcoholic beverages Write letters to past wine vendors m Send to CRC representatives for mailing Write letter to Invite new wine vendors Send to CRC representative for recruitment Provide direction to a CRC representative to manage wine vendor registrations to facilitate day of event assignments and website listings Spearhead logistics of the event Confirm placement of materials and resources Confirm placement of wine vendors Work closely with designated CRC representative Write wine vendor confirmation letters CRC representative to complete letter with placement and load -in instructions Confirm logistics resources leading up to the event, including but not limited to: Signs Port-o -lets Dumpsters Volunteer Apparel Merchandise for sale Event Credentials Tents Tables Golf Carts Write copy for website and other collateral as deemed necessary for promotional efforts Direct event coordination activities for Art of Wine on the day of event including but not limited to: Set -up Provide sufficient starting cash supply for entrance gates Direct money management activities on day of event for ease of accounting for Carmel Redevelopment Commission staff Teardown Establish and track budget in conjunction with Art of Wine Meet regularly with Carmel Redevelopment Committee representatives o prepare agendas for meetings o Make assignments for action items to be completed o Send a complete action item list post meeting to Carmel Redevelopment Commission Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee V f 61 QLy SUh�I n Purchase Order No. II �1 f Terms n is Ah o l i s 1 A �I 6 1 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) Total S07.50 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF PO BOX lli /14 7,So ON ACCOUNT OF APPROPRIATION FOR 902,/g5s 9oj Board Members Po# or INVOICE NO. ACCT /TITLE AMOUNT DEPT I hereby certify that the attached invoice(s), or 2-01002-5 U7, 5 p bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 2010 ignature jlrector of Redevelopment Cost distribution ledger classification if Title claim paid motor vehicle highway fund