HomeMy Public PortalAbout171-2023 - Joe Augustine - booking live music for Winter Farmers Market AGREEMENT
THIS AGREEMINT made and entered into this day of , 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 5"' 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 1. STATEMENT'AND SUBJECT OF WORK.
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 lie 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 one (1) hour 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 the Winter Farmer's Market in.
Richmond, Indiana.
9. Ensure that live performances are secured for the dates ultimately determined. and
discussed by the Contractor and the Parks Department.
Contractor is solely and individually liable for ensuring compliance with the terms and
conditions of this agreement. Further, Contractor shall he solely liable to any performer(s)
relative to any dispute, in any manner whatsoever, arising out of Contractor's independent
actions in securing such performer(s) for the dates ultimately determined to be secured.
Contract 171-2023
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Should any provisiors, 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 C.1.ity 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 RichmoDd. The Contractor shall provide, at its own expense, competent supervision.
of the work.
SECTION 3, COMPENSATION
City shall pay Contractor an amount not to exceed Five Thousand Dollar and 00/100 ($5,000.00)
for satisfactory completion of the Project.
SECTION 4. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until the end of the 2023/2024 Winter Farmer's Market Season which shall be concluded no later
than the end of the sprin.g of 2024, with the option to renew for the 2024/2025 season.
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 live (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
fts obligations under this .A.greement,
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
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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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government, the State of Indiana, or local government.
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 .wirti WORKER'S COMPENSATION LAW.
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commcing 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 WIT! INDIANA E-VERIFY PROGRAM REQUIREMENTS
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 F-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
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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 iii 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 tenuinated. 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. PROIIIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting
on behalf of(:Iontractor 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- the Contractor agrees:
1. That in the hiring of employees for the .performance of work under this
Agrmanent 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 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
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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
clue 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 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 he 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.
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 C'ity's reasonable attorney's fees, whether or not
suit is filed.
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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 jointly 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 WIIERFOF, 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" "CONTRACTOR"
THE CITY OF RICHMOND, JOE AUGUSTIN
INDIANA by and through its 714 Peacock Road
Board of Parks and Recreation Richmond, IN 47374
13-7y: By:
Denise Retz, Superintendent 7c5L
Date:1 Ly Printed: u
Approved: - _ Title: CONT-re4
[)avicfM. ric „Mayor
Date: ig it/96 Date:
Page 6 of(
Estimate
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The following is on outline oKmusic booking and performance oom|cos to be provided by Joe,Augustin to
R|uhnnond Parks Department and Richmond Farmers Market In November and December 2O28 for Winter
Farmers Market.
Quantity Description Unit Price Total
2 Booking @ Sound Services $88.00 $176.00
2 Performance $175.00 $350.00
Totm| $526.AO
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714 Peacock RdRichmond, IIN47374
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The following is an outline of music booking and performance services to be provided by Joe Augustin to !
Richmond Parks Department and Richmond Farmers Market In January through April 2024 for Winter Farmers |
Market. `
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Quantity Oeochodmn Unit Price Total
8 Booking & Sound Services $88.00 $704{0 �
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8 Performance $175.00 $1,400.00 !
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Tote| $2.1O4J0 �
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Text: 765-914-1802 '
714 Peacock Rd Richmond, |W47374
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