HomeMy WebLinkAboutBBKWW Inc. (BB King 2024 Festival Event) City of Jeffersonville
Government Contract Coversheet
Please note: All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
Date Submitted to Clerk: AUG?USI" z9, 202-3
Department: 7A R KS
Vendor Name: i3 B K'N W I (SIC .
Sign Date: kUG-) UST 28, 2-0 23
Ending Date: SEPTEN`8ER 1, Z0Z14
Amount of Original Contract: '10 100 0 (up
Is this an amendment or change order
to original contract? Yes or No
Amended Contract Amount:
Purpose: kl ^I(l FESTIVAL EI/ENT
For Clerk's Office to fill out
Date uploaded to Gateway: / > /96'�
JEFFERSONVILLE PARKS DEPARTMENT IN-KIND PARTNERSHIP WITH B.B. KING MUSIC FESTIVAL
This agreement, executed on the 28th day of August, in the year 2023, shall serve as a legally binding
contract between BBKWW Inc. (herein referred to as Producer) and Jeffersonville Parks Department
(herein referred to as Parks), to provide payment for services associated with the Friends of B.B. King
Music Festival (herein referred to as Festival).
Whereas, the Festival will take place at Big Four Station Park on the dates of August 31 and September
1, 2024.
TERMS
Producer agrees to secure top-level talent to headline the Festival, and will be responsible for all costs
associated with talent, production, staffing and pre-approved expenses for the event.
Producer agrees to execute a comprehensive marketing plan that will raise awareness about the Festival
in Southern Indiana and Louisville, as well as other regional markets.
Producer shall obtain and maintain all necessary permits and insurance as required by Parks, the City of
Jeffersonville and the State of Indiana.
Producer agrees to follow all regulations set by Parks and the City of Jeffersonville that pertain to public
safety and noise ordinances
Producer agrees to name Jeffersonville Parks Department or City of Jeffersonville as a contributing
sponsor for the Festival, and will provide promotional benefits to be determined at a later date.
Parks agrees to provide use of Big Four Station Park at no cost to Producer for the Festival dates, and
also as needed within seven days prior and three days after to facilitate site build, setup, teardown and
cleanup.
Parks agrees to pay for selected services and supplies for the Festival, up to $70,000, to include fencing,
portable restrooms, tents, generators, waste management and general maintenance.
PAYMENTS
Payments will be made directly to vendors/contractors from Parks in a timely manner based on receipt
of invoices.
CANCELATI O N
If the Festival is canceled by Producer for any reason, Parks will not be obligated to the terms in this
agreement.
INCLEMENT WEATHER
In the event that the Festival is canceled due to weather, at the discretion of public safety officials, any
payments due to vendors/contractors at the time of cancelation shall be made by Parks.
FORCE MAJEURE
If because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil
commotion, act of terrorism or war, act of government or government instrumentality or regulation or
other cause beyond the reasonable control of a party(Force Majeure Event), either party is unable to
perform any or all of its obligations hereunder, then such nonperformance will not be a breach of this
Agreement at which time the parties are relieved of their responsibilities herein The parties hereby
agree a pandemic or other threat to public health such as COVID-19 are beyond the reasonable control
of a party and thus, shall be considered an Act of God for purposes of this section.
INDEMNIFICATION
Each Party shall, at its sole cost and expense, indemnify, save and hold harmless (the
"Indemnifying Party")the other Party (the "Indemnified Party") and their respective employees,
representatives, successors, assigns, affiliates and subsidiaries from and against claims, demands,
causes of action, obligations, liability, loss, damage, cost and expense (including
reasonable outside attorneys' fees and court costs) asserted by a third party arising out of: any
breach by any of the warranties, representations or agreements herein made by the
Indemnifying Party or the Indemnifying Party's gross negligence or willful misconduct.
The undersigned hereby declare their authority and agree to the terms set in this contract:
g91 biLVA C661 ‘b1261 ShO
Elizabeth Carter Date Shannon Clark Date
Jeffersonville Parks Authority CEO, BBKWW Inc.
500 Quartermaster Court 6210 Conservation Dr.
Jeffersonville, IN 47130 Jeffersonville, IN 47130