HomeMy WebLinkAbout186668 06/21/2010 CITY OF CARMEL, INDIANA VENDOR: 364252 Page 1 of 1
ONE CIVIC SQUARE THE GO 2 GIRLS
CARMEL, INDIANA 46032 1340THORNBIRD LANE CHECK AMOUNT: $13,050.00
CARMEL IN 46032
CHECK NUMBER: 186668
CHECK DATE: 6/2112010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
902 4359003 104 6,150.00 PUBLIC RELATIONS
902 4359003 106 6,900.00 PUBLIC RELATIONS
o The Go 2 Girls Invo
b�
Rita DeKlyen/Cyndy Bailey
Date Invoice
1340 Thombi.rd Lane
Carmel IN 46032 5/18 /2010 104
Bill To Ship To
Carmel Redevelopment Commission
Megan McVicker
111 West Main St
Carmel,lN 46032
Terms Rep Ship Via F.O.B. Project
5/18/2010
Quantity Item Code description Price Each Amount
82 Sponsorship Consu... billable hours March, April 75.00 6,150.00
Sales Tax 6.00% 0.00
Tota $6,1.50.00
The Go 2 Girls I nvo I ce
tte
o Rita DeKlyen/Cyndy Bailey
P� Date Invoice
1340 Thornbird Lane
Carmel IN 46032 5/27/2010 106
Bill To Ship To
Carmel Redevelopment Commission
Megan McVicker
111 West Main St
Carmel, IN 46032
Terms Rep Ship Via F.O.B. Project
5/27/2010
Quantity Item Code Description Price Each Amount
92 Sponsorship Consu... billable hours for MAy 75.00 6,900.00
Sales Tax 6.00% 0.00
Total $6,900.00
i
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 The Go
2 Girls (the "Service Provider WITNESSES:
Recitals
WHEREAS, in 2010 the CRC is hosting a series of 13 events "Events in the area of the
intersection of Main Street and North Rangeline Road in Carmel, Indiana;
WHEREAS, CRC has determined the need for professional services with respect to
general sales and consulting for the Events, including: (a) consultation of existing and potential
sponsorships; (b) pursuing and assessing new sponsorship, advertising, and /or sales opportunities; and
(c) overseeing all aspects of signage production (collectively, 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: (a) perform the Service; (b) provide to CRC a list of prospective
sponsorship, advertising, and /or sales prospects; (c) contact only those prospects approved in advance
by CRC; and (d) provide bi- monthly reports of the Services to CRC. Service Provider shall be an
independent contractor of CRC. The term of this Agreement (the "Term shall be for a period
commencing: (a) on the Effective Date; and (b) ending on December 31, 2010. Service Provider hereby
acknowledges and agrees that its performance of the Services may be non exclusive, in CRC's sole
discretion. Service Provider may use subcontractors in the performance of the Services; provided that
CRC approves such subcontractors in advance, which approval shall not be withheld unreasonably.
2. Compensation.
(a) Hourly Fees. Service Provider's compensation for the Services shall be $75.00
per hour of services; provided that the total amount paid shall not exceed $21,750.00
except as expressly provided in this Section. If CRC and Service Provider agree that
Service Provider shall perform the Services in excess of 20 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, travel expenses, signage production, mailing expenses, and sales and
marketing material costs; provided that CRC shall have no obligation to reimburse
Service Provider for any expenses not approved in writing by CRC.
(c) Commissions. CRC shall pay to Service Provider: (i) 10% of the Net Revenue
(as hereinafter defined) from all new sponsors that CRC engages during the Term; and
(ii) 5% of the Net Revenue from all sponsors that sponsored the Events in 2007, 2008
and /or 2009; provided that in no event shall the total amount payable by CRC to Service
Provider under this Subsection exceed $6,500. "Net Revenue" shall mean the net of: (i)
the total sales revenues from sponsorships of the Events; less (ii) the total signage
production costs of the Events.
(d) 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
monthly meeting after the regularly scheduled meeting that occurs during the month in
which Service Provider submits its invoice. CRC shall pay the amount set forth on the
invoice within a reasonable amount of time after approval of such invoice. CRC shall pay
to Service Provider all compensation described in Subsection 2(c) within a reasonable
period of time after determination of the Net Revenue.
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. Booth. CRC, at its cost, shah' provide to Service Provider one booth for each Event, in a location
mutually agreeable to both parties.
5. 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.
6. 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 CRC's interest in its property.
7. Remedies. CRC or Service Provider may terminate this Agreement, without cause, immediately
upon written 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.
2
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8. Indemnity. Service Provider shall indemnify 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.
9. 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.
10. 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.
11. 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
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
CO N
sy:
Printed:
Title: T /.Qff
SERVICE PROVIDER:
THE THE GO 2 GI�L�
By.
Printed: r
Title:
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Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
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. A7
Payee
I he �o L 6 rls
Purchase Order No.
04 —t� 0 t �or v) b Low Terms
C ame 4,, _T/r 4( o -32 Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
5-)8 -I )Olt coa0l s mkr r� 4S�O Ot;
0 conS&I th tw G90 o0
Total
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.
T ALLOWED 20
G a 2 G r�s IN SUM OF
13 Tkn4'A Lot
C N k-� 1
0
ON ACCOUNT OF APPROPRIATION FOR
Fay from TIF I J 1 d
Gl�z/ 605
Board Members
oPr INVOICE NO. ACCT /TITLE AMOUNT I hereby certify that the attached invoice(s), or
0, t 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
f
V
J- 20/0
Signature
director of Redevelopment
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund