HomeMy WebLinkAboutC&H Audio Visual Services (2024 Riverstage Production) 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: J I/al 1 ay
Department: T V.-S
Vendor Name: C4 VI 1\ IV
Sign Date: 5 ).)0 I .)-4
Ending Date: 8 li 6 Io2 /
Amount of Original Contract: AII At
Is this an amendment or change order
to original contract? Yes or No •
Amended Contract Amount:
Purpose: � tt
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For Clerk's Office to fill out
Date uploaded to Gateway:
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Jeffersonville Riverstage Audio/Visual Production Agreement
This contract shall serve as a binding agreement between the City of Jeffersonville Parks Department
(referred to hereinafter as "City"), and C&H Audio Visual Services (referred to hereinafter as
"Contractor"), to manage audio/visual production during designated events at the Jeffersonville
Riverstage, located at W Riverside Dr. in Jeffersonville, IN.
Whereas, the City will be hosting a summer concert series (referred to hereinafter as "Concerts") at the
Riverstage between the dates of June 7, 2024 and August 16, 2024.
Whereas, it is in the best interests of the City to contract audio/visual production to a single Contractor
that will be responsible for all installation/removal, operations, maintenance and repairs.
Whereas,the City owns the audio/visual equipment that is used for the Concerts at RiverStage, and has
chosen the Contractor to operate and manage its equipment during all events.
Whereas,the City has agreed upon terms to lease certain equipment from the Contractor to
supplement the City-owned equipment.
Whereas,the City has agreed to pricing set by the Contractor as listed in Appendix A of this Contract.
Whereas, it is in the mutual interests of the City and the Contractor to enter into this contract
agreement to facilitate production operations for the Concerts.
THEREFORE, BE IT AGREED by the parties as follows:
1. This contract serves to set parameters for the Jammin in Jeff summer concert series at the
Jeffersonville Riverstage that are scheduled for designated dates occurring June 7, 2024
through August 16, 2024.
2. The City hereby grants to the Contractor the exclusive right to install, maintain, operate, repair
and uninstall the audio/visual equipment used for RiverStage events, and to manage and direct
stage.
3. The recitals set forth above shall be incorporated herein by reference as a substantive part of
this contract.
4. The Contractor shall execute services in accordance with the following:
a. Properly install all audio/visual equipment in a timely manner in accordance
with dates and deadlines set by Riverstage manager.
b. Maintain equipment and complete repairs as needed and in a timely manner.
*Repair costs for city-owned equipment will be paid for by the City.
c. Operate all aspects of audio and visual production with proficiency during
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concerts and other events.
d. Disassemble and transport all equipment to designated storage facilities after
the concert season ends.
5. Contractor shall be responsible for obtaining any licenses and other permits necessary for
the operation of production services. All license and permit documents must be filed with
the Riverstage manager at least thirty days prior to first concert.
6. Contractor shall secure and maintain for the term of its contractual relationship with
City such insurance policies from companies licensed in the State of Indiana, as will
protect itself, City (with City named as additional insured to the extent permitted by
law), and others as specified, from claims for bodily injuries, death, personal injury or
property damage,which may arise out of or result from the Contractor's intentional or
negligent acts, errors or omissions. The following insurance coverage, at or above the
limits indicated shall be maintained by Contractor:
a. Statutory workers compensation in accordance with Indiana statutory
minimum requirements.
b. Commercial general liability and alcohol liability with minimum coverage of
$1,000,000 and deductible no greater than $1,000.
c. To provide evidence of the required insurance coverages, copies of Certificates
of Insurance in a form acceptable to the City shall be filed with Event Manager
no later than thirty days prior to the first Concert. Failure to file or maintain
acceptable Certificates of Insurance with the City is agreed to be a material
breach of any contract and grounds for termination of this Contract.
d. In addition,Certificates of Insurance shall contain the following clauses:
i. The clause "other insurance provisions" in a policy in which the City is
named as an insured, shall not apply to the City of Jeffersonville.
ii. The insurance companies issuing the policy or policies shall have no
recourse against the City for payment of any premiums or for
assessments under any form of policy.
iii. Any and all deductibles in the above described insurance policies shall
be assumed by and be for the amount of, and at the sole risk of the
Contractor.
iv. Location of operations shall be: "all operations and locations on the
Jeffersonville Riverstage and its surrounding property"
7. Contractor shall be responsible for paying its staff in accordance with industry standards, as
well as federal and state employment guidelines.
8. Contractor agrees that it will not discriminate against any person on the grounds of race,
color, religion, sex,sexual orientation, national origin or disability in the hiring of employees.
9. Governing Law:This contract shall be governed by the laws of the County of Clark in the
state of Indiana, and any applicable United States Code or Administrative Orders.
10. Arbitration Clause:All disputes, controversies, or claims arising out of or relating to this
contract shall be submitted to binding arbitration in accordance with the applicable rules of
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the American Arbitration Association then in effect.
11. Indemnification:
a. Contractor(including, by definition here and herein below, the Contractor's
employees, officers, agents, representative, contractors and invitees)shall release,
discharge, indemnify and hold harmless the City and its officials, employees, agents
and representative from and against liability for any claim, demand, loss, damages,
penalty,judgment, expenses, costs (including costs of investigation and defense),
fees, (including reasonable attorney and expert witness fees) or compensation in any
form or kind whatsoever for any bodily injury,death, personal injury, or property
damage arising out of or in connection with any act, error or omission by the
Contractor or for any resulting liability alleged to accrue against City on account of
the Contractor's acts, errors or omissions; provided, however, that such indemnity
shall not be construed as an indemnity for bodily injury or property damage arising
from the sole negligence or intentional acts of City or its employees.
b. Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands,or lawsuits related to its acts, errors
and omissions hereunder at its sole expense and shall bear all other costs and
expenses related thereto, even if the claim, demand or lawsuit is groundless,false or
fraudulent.
12. Termination: Should the Contractor default in the performance of this Agreement or
materially breach any of its provisions,the City shall have the option of terminating the
Agreement by giving written notification to the Contractor at the address shown herein. This
agreement may also be terminated by the City at its option and without prejudice to any
other remedy which it may be entitled either at law, in equity,or under the terms of this
Agreement in the event of any of the following:
a. Requests relief from any obligation under this agreement.
b. Makes a request to discharge a debt to the City in Bankruptcy.
c. Is adjudged to bankruptcy.
d. Becomes insolvent or has a receiver of his/her its assets or property appointed because
of insolvency.
e. Makes a general assignment for the benefit of creditors.
f. Suffers any judgement or against him/her/its to remain unsatisfied or unbounded of
record for 30 days.
g. Institutes or suffer to be instituted any procedures for reorganization or rearrangement
of his/her/its affairs, or fails to secure and/or maintain permits or licenses necessary to
carry out said terms of this agreement.
In the event of a termination, any moneys due on the date of termination shall be
immediately due and payable.
13. Relationship of Parties: It is understood that the City is not in any way or for any purposes
partner or joint venture with, or agent of, Contractor in the Contractor's operation of
production.
14. Assignment: Contractor shall not assign its interest herein without the written consent of the
Authority which consent may be withheld in City's sole discretion.
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15. Surrender upon Termination: Upon the expiration or earlier termination of this Agreement,for
any reason whatsoever, Contractor shall peaceably surrender to City possession of all City-
owned equipment.
16. Entire Agreement:This writing,together with all of the attached Exhibits, constitutes the entire
agreement of the parties.This Agreement supersedes all prior concession agreements, if any,
between the parties, and no representation,warranties,inducements, or oral agreements that
may have been previously made between the parties shall continue in effect unless stated
herein.This Agreement shall not be modified except in writing, signed by the City and
Contractor.
17. Term/Renewal:The initial term of this Agreement shall be for the City-organized Concerts at
the Riverstage taking place June 7, 2024 through August 16, 2024. At the expiration of the
initial term,this Agreement will be fulfilled and will not be renewed.
18. Notice:Any notice given pursuant to this Agreement other than which is specifically permitted
to be given in some other fashion shall be in writing and shall be delivered by hand, by
overnight courier or by registered or certified mail, postage prepaid, return receipt requested
and addressed as follows:
a. If to City:
Jeffersonville Parks Department
Attn Tara Young
500 Quartermaster Court#205
Jeffersonville, IN 47130
812.285.6440
b. If to Contractor:
C&H Audio Visual Services
4850 Crittenden Dr. Building 3 Ste F
Louisville, Ky 40209
Notice shall be deemed given when delivered if hand-delivered by courier or two days
after the date indicated on the postmark if sent by U.S. Mail.
Either party may change its address to which notices shall be delivered or mailed by
giving notice of such change as provided above.
By signing below, both parties agree to all the clauses and conditions as stated in this contract.
Wes'le y Hawth aeki e 05/21/2024 i js
Wes Hawthorne Date Lisa Carer Date
Chief Financial Officer, President,
C&H Audio Visual Services Jeffersonville Parks Authority Board
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