HomeMy Public PortalAbout098-2019 - Parks - Joe Augustin - Booking AgentAGREEMENT
THIS AGREEMENT made and entered into this 2/k-day of < Kt".O, F, 2019, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Parks and Recreation, with its office at 50 North 51h Street, Richmond, Indiana, 47374 (the
"City") and Joe Augustin, 714 Peacock Rd., Richmond, Indiana 47374 (hereinafter individually
and/or collectively referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORD
City hereby retains Contractor to provide professional services in connection with the securing,
scheduling, booking, and all matters pertaining to coordinating, musicians for the purpose of
providing live music at events for city -related functions with said services to be generally
consistent with that of a booking agent. Contractor shall be solely responsible for the following:
1. Negotiating compensation for all performers as well as for actually tendering such
compensation to performers. Contractor shall be responsible for compensation performers
from his own funds, and Contractor acknowledges and agrees that any invoice submitted
to the City for any performance contemplated herein shall not be satisfied by the City as it
shall remain the sole obligation of the Contractor to compensate the performers with which
he contracts.
2. Contract with performers to ensure compliance with this Agreement with the parties to
such contracts being the Contractor herein and the performers. Each performer will be
advised, in writing, that the City is not a party to the contract between Contractor and
performer; and as a result, has not legal obligations, express or implied, to the performers.
3. Schedule, at minimum, two (2) performers per act unless a solo act is pre -approved by the
City.
4. Ensure that each show is as least two (2) hours in duration.
5. Secure authorization from the City prior to hiring each performer(s).
6. Undertake reasonable marketing efforts by working directly with the City so as to develop
and distribute such materials with the same being uniform in design for each individual
event.
7. Coordinate and provide sound equipment as needed for performer(s).
8. Ensure that all performers provide live entertainment at Jack Elstro Plaza in Richmond,
Indiana.
9. Ensure that live performances are secured for the following dates and times:
a.
June 29th:
10:00 a.m. —12:00 p.m.;
b.
July
2nd:
5:00 p.m. -- 7:00 p.m.;
C.
July
91h:
5:00 p.m. — 7:00 p.m.;
d.
July
16th:
5:00 p.m. -- 7:00 p.m.;
e.
July
23rd:
5:00 p.m. — 7:00 p.m.;
f.
July
3 oth:
5:00 p.m. — 7:00 p.m.;
Contract No. 98-2019
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g.
August 6th:
5:00 p.m. —
7:00 p.m.;
h.
August 13th.
5:00 p.m. —
7:00 p.m.;
i.
August 201h:
5:00 p.m. --
7:00 p.m.;
j .
August 27th:
5:00 p.m. --
7:00 p.m.;
k.
September 3":
5:00 p.m. --
7:00 p.m.;
1.
September 7th:
10-00 a.m.
--12:00 p.m.;
m.
September I Oth:
5:00 p.m. --
7:00 p.m.;
n.
September 171h:
5:00 p.m. --
7:00 p.m.;
o.
September 241h:
5:00 p.m. —
7:00 p.m.;
Contractor is solely and individually liable for ensuring compliance with the terms and conditions
of this agreement. Further, Contractor shall be solely liable to any performers) relative to any
dispute, in any manner whatsoever, arising out of Contractor's independent actions in securing
such performer(s) for the above -referenced dates.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or warranties;
2. The City is in receipt of any required affidavit signed by Contractor in accordance
with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION 2. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the
work.
SECTION 3. COMPENSATION
City shall pay Contractor an amount estimated not to exceed Three Thousand Dollar and 00/100
($3,000.00) per year with said year period beginning on the date of the execution of this agreement.
SECTION 4. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect for
a period of one (1) year.
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Notwithstanding the term of this Agreement, the City may terminate this Agreement in whole or
in part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
an material respect
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this
Agreement is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed
prior to the effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION 5. INDEMNIFICATION
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person
or property or any other claims which may arise from the Contractor's conduct or performance of
this Agreement, either intentionally or negligently; provided, however, that nothing contained in
this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor's obligation to indemnify and defend the City shall extend to
any lawsuit or formal complaint submitted by any of the performers that Contractor secures
pursuant to'this Agreement.
SECTION 6. COMPLIANCE WITH WORKER' S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3--2-5, 22-3--5--1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana worker's Compensation Law.
SECTION 7. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
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Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program
no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City
its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in
accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor
shall be required to remedy the violation not later than thirty (30) days after the City notifies the
Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day
period provided above, the City shall consider the Contractor to be in breach of this Agreement
and this Agreement will be terminated. If the City determines that terminating this Agreement
would be detrimental to the public interest or public property, the City may allow this Agreement
to remain in effect until the City procures a new contractor. If this Agreement is terminated under
this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for
actual damages.
SECTION 8. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is .not engaged in
investment activities in Iran. In the event the City determines during the course of this Agreement
that this certification is no longer valid, the City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the
event the City determines during the course of this Agreement that this certification is no longer
valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,
the City reserves the right to consider the Contractor to be in breach of this Agreement and
terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION 9. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly
or indirectly related to employment, because of race, religion, color, sex, disability,
national origin, or ancestry.
B. Pursuant to Indiana Code 5--16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this Agreement
of any subcontract hereunder, Contractor, any subcontractor, or any person acting
on behalf of Contractor or any sub --contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State
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of Indiana who is qualified and available to perform the work to which the
employment relates;
2. That Contractor, any sub --contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated in
violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money due
or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION 10. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability which may arise in the course of Contractor's performance of
its obligations pursuant to this Agreement.
SECTION 11. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his principal to execute this Contract.
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In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by the City in its efforts to enforce this
Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not suit
is filed.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted j ointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks and Recreation
"CONTRACTOR"
JOE AUGUSTIN
714 Peacock Road
Richmond, IN 47374
r
By: By. to. -Of
D etz, Superintendent
Date: 6 �I VV
Printed: SdS 0 Gt) T-jRrJ
Approved: f � Title: G A &Pwry*r
avi . Sno v M t
Date:
Date: Z01
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