Agreement: Art on the Wabash Coordinator

This agreement, made this ___ day of ______at West Lafayette, Indiana, by and between the Board of Public Works and Safety for the City of West Lafayette, Indiana (hereinafter referred to as the "City") and Kathy Atwell (hereinafter referred to as the "Contractor").

WITNESSETH: That in consideration of the mutual covenants hereinafter set forth, the City and the Contractor agree as follows:

Article 1: SCOPE OF WORK Contractor will complete all work necessary to present a program for Art on the Wabash. Contractor shall provide best efforts in the presentation of the program and follow the rules of usage for the site of the program. It is understood that the Contractor is an independent contractor and that the Contractor is not an employee of the City of West Lafayette’s Department of Development. The Contractor is not eligible for employee benefits and is responsible for his/her income, social security taxes and applicable taxes associated with the Contractor’s employees, if any. Contractor will complete all work as outlined in Exhibit A, or a reasonable alternative to any of the items outlined, as well as any additional items necessary for Art on the Wabash.

Article 2: PAYMENT The City shall pay to the Contractor, in full and complete payment for all performance of the Contract not to exceed the sum of $4,250.00 (Four Thousand Two Hundred and Fifty Dollars). This total will be paid in two installment. The first payment will be paid on or after May 15, 2019, in the amount of $2,125.00. The second installment will be paid on or after October 15, 2019, in the amount of $2,125.00.

Article 3: This article has been intentionally removed.

Article 4: SEVERANCE The intent of the parties is that this agreement be deemed entire in the sense that its purpose is to establish one price for the doing of the whole work, and that it be deemed severable in the sense that the voidance of any part or portion shall not void the remainder.

It is understood and agreed that partial payments may be made for the mutual convenience of the City and Contractor but shall not be construed as the City's acceptance of a part or portion of the work. Article 5: RECORDS The Contractor will maintain proper records for review by the City.

Article 6: DATE OF COMPLETION The Contractor will complete all necessary work to present Art on the Wabash on September 22, 2019.

Article 7: PREVAILING PARTY – ATTORNEY FEES Notwithstanding any term or condition in this Contract to the contrary, in the event litigation is commenced to enforce any term or condition of this Contract, the prevailing party shall be entitled to costs and expenses of litigation including a reasonable attorney fee. Article 8: ENGAGING IN ACTIVITIES WITH IRAN By signing this Contract, Contractor certifies that it is not engaged in investment activities in the country of Iran as set forth in I.C. 5-22-16.5. Article 9: E-VERIFY – USCIS Form I-9 Contractor shall comply with the following: a. Contractor certifies that it completes and maintains USCIS Form I-9 on all employees. b. Contractor and its subcontractors shall not knowingly employ or contract with an unauthorized alien or retain an employee or contract with a person that Contractor or its subcontractors subsequently learns is an unauthorized alien. If Contractor violates this Section 9(b), the City shall require Contractor to remedy the violation not later than thirty (30) days after the City notifies Contractor. If Contractor fails to remedy the violation within the thirty (30) day period, the City shall terminate the contract for breach of contract. If the City terminates the contract, Contractor shall, in addition to any other contractual remedies, be liable to the City for actual damages. There is a rebuttable presumption that Contractor did not knowingly employ an unauthorized alien if Contractor verified the work eligibility status of the employee through the Program. c. If Contractor employs or contracts with an unauthorized alien but the City determines that terminating the contract would be detrimental to the public interest or public property, the City may allow the contract to remain in effect until the City procures a new contractor. d. Contractor shall, prior to performing any work, require each subcontractor to certify to Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and has enrolled in the Program. Contractor shall maintain on file a certification from each subcontractor throughout the duration of the Project. If Contractor determines that a subcontractor is in violation of this Section 9(d), Contractor may terminate its contract with the subcontractor for such violation. Such termination may not be considered a breach of contract by Contractor or the subcontractor. e. By its signature below, Contractor swears or affirms that it maintains USCIS Form I-9 on all its employees, and ii) does not knowingly employ an unauthorized alien. Article 10: NON-DISCRIMINATION Contractor agrees: a. That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, or subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, religion, color, sex, national origin or ancestry, discriminate against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; b. That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, religion, color, sex, national origin or ancestry; c. That the City may deduct from the amount payable to the contractor a penalty of five dollars ($5.00) for each person for each calendar day during the which such person was discriminated against or intimidated in violation of the provisions of the contract; d. If there is a second or any subsequent violation of the terms or conditions of this section, then this contract may be cancelled or terminated by City and all money due or to become due hereunder will be forfeited. Article 11: This article has been intentionally removed. Article 12: COMPLIANCE WITH ACCESSIBILITY It is the intent and goal of the city to ensure that all new construction within the City of West Lafayette shall comply with all ADA and PROWAG guidelines. Pursuant to Title II regulations at 28CFR 35.151; and the 2004 ADAAG CFR part 1191, appendices B and D, the City of West Lafayette adopted the 2010 ADA SAD standards for new construction and alterations for facilities, and also adopted the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right of Way (PROWAG) as published July 26, 2011. Facilities located within the City of West Lafayette, the 2010 ADA SAD standards shall be met for new construction and alterations for projects within the City. Facilities located within the right of way, PROWAG standards shall be met for new construction and alterations for project elements. Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act, and The Architectural Barriers Act (ABA) standards and guidelines shall be followed. Accessibility guidelines shall be met on all projects requiring compliance with the FHA, Section 504, or the ABA. Projects found to not be in compliance with these standards and guidelines will be accessed fines, as follows: • Non-compliant fee ($250 per day), and a “Stop Work” order will be issued. • If after (3) violations and (10) business days to correct non-compliance issues, your contract will be revoked. Article 13: COMPLIANCE WITH TITLE VI It is the intent and goal of the City to ensure that all new construction within the City of West Lafayette shall comply with all TITLE VI guidelines. “[Subrecipient] in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation and Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes, issued pursuant to such Acts, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of religion, race, color, national origin, sex, sexual orientation, gender identity, age, disability/handicap and low income in consideration for an award.” IN WITNESS WHEREOF we have set our hands the day and year first above written.

BOARD OF PUBLIC WORKS AND SAFETY

______Kathy Atwell Sana G. Booker, President

______Bradley L. Cohen, Member

______Brooke E. Folkers, Member

______Jason D. Huber, Member

______Thomas J. Kent, Member

ATTEST:______Lindsey N. McCollum, Deputy Clerk

END OF SECTION Exhibit A

To do list for Art on the Wabash December 2018-May Promote event on solical media platforms List event on www.zapplication and www.artshow.com, explore other options for getting the word to artist Contact former participating artists with a link to the application Put AotW on WBAA, TAF, J&C, and all regional internet event calendars Order People's Choice Award ribbons (Gretel does this.) Complete WL Parks event registration application May-August Prepare materials for jurying (Julia does this) Jury artists after due date (5/5 at 5) but before June. Notify artists. Have Natalie update J&C and Exponent Ads & send to Larry to proof. Update poster, order at Instant Copy

Update banner, have additional banners made as budget allows. Williams Signs Ask parks to put posters in triosks Place Facebook ad one month before event

Confirm banner dates with Street Department. (See banner schedule in my files) Ask Norm to set up banner on State St (two weeks before) and on grounds (day of event) secure food vendors (Gretel does this.) Ask Linda to put AotW in school newsletters Remind parks superintendent to ask park board about alcohol Bill Larry for sponsorship- 2 year agreement - Julia Set up WBAA cash and trade contracts Review 2018 comments from artists and visitors Find musicians, 2 hour time slots, see if $75 each will work for them Send IvyTech invitation to vols, artists, city officials, redevelopment commission, LARRY Sign up volunteers. See volunteer schedule Invite WBAA. Make map of artists after seeing how the topography changed at Tapawingo Park Inivite People's. Ask them to be there at 9. (Gretel does this)

Make arrangements with Cube and Company to have gates up in the garage Make map of food vendors & beer/music area. On county GIS Send list and map of food vendors to Patience McGruder at Tippecanoe Co Health dept. (Gretel) Order swag for volunteers (Margy does this) Book Mayor and Larry for PCA at 3 PM One month prior Write program. Send to Natalie for layout Finalize program Confirm 'stuff to pack for the day of the event' (file) is all in tubs/boxes Make artists booth signs Make windshield numbers & paperclip to artist packets-- sort by last name, booth number, & time of entry Make and get printed feedback cards for artists and public Get Cottonwood Club banner & pack them Ask WBAA to be there at or after 8:40, off the grounds by 9:30 Remind KitchenArt that they like to come at 7 Ask People's to be there @ 9ish, off the grounds by 10 Gretel will ask Fuel and Parthenon to be there at 8:30. And EMT & Pink Walrus

Gretel will ask Fuel and Parthenon to fill out temp vendor forms with health dept Make nametags for artists & volunteers Make Snack Pack cards-- # artist +15 Get gift certificate from Larry for PCA winner Make sure post cards and posters are at Morton before GlobalFest Get KitchenArt banners from Larry

Ask Larry about providing snacks for snack bags and coffee before the event Get PD & FD contact info for officer/firefighter on duty & update Emergency (Safety) Plan Print program a week before the event but not too early for adjustments. Instant Copy Make People's Choice Award ballots-- 1000 Instant Copy Turn in work request to parks regarding trash cans and 12 picnic tables, removing trash from the grounds, picking up and dropping off tents, cones (8), recycling toters (3) from street department (NOT the go greener recycling things), & electric on at shelter Arrange date for parks to mow. Lay out grounds after mowing is done allowing for 10x10 spaces with some room between. Avoid sandy or sloped areas. Hang a banner at the farmers' market Print updated emergency (safety) plan for all vendors. Keep a copy and a copy of the weather forecast in Info tent Confirm parking gate will be up 7-6 Make any additional numbered stakes for sites. Flag those needing tents. Make maps for zone captains. Get straw if rain is in forecast Create gate vol instructions - restrooms, PCA box location, nearest ATM, & free parking Print registration checklist - sort by last name, booth number, & time Write artists and volunteers. Tell volunteers where to park. Tell artists to market. Bring weights Bring rain gear? layers Ask police department to make up about 12 no parking signs and post them in the Tapawingo lot at the end of the day on Friday. Friday or Saturday before event layout grounds with paint Put "flags" on stakes for artists that paid for pop-ups End of Event Take down signs in the garage Take down AotW sign on Tapawingo. Return KitchenArt banners Return chairs, tables, cords and cord covers to the market Remove AotW from signature block Post next year's application form Post photos on facebook Update to do list and stuff to pack day of list Send thank yous Request checks for musicians!! To-Do List-- Day of the Event - September 22, 2019

AM Bollards down Put numbered stakes on sites. Number the parking spots for the early shift with chalk Deliver tents to sites with flags. Double-check against map Set up musician's tent Set up sign-in table Stock with artist packets, check list and map on a clipboard Move picnic tables Give sign duties tovolunteer Put AntW "Information" signs on WBAA tent Put Info Booth tub at WBAA site Put out recycling toters Put tubs of artist snack packs in info booth Put numbered booth signs on left-hand pole of each site (volunteer) Handout Emergency Preparedness Plan to food/drink vendors Collect numbered stakes for future years Put two chairs and extension cord in musician's tent PM Count ballots at 2:30 Present award at 3:00 Deliver PM snack to artists Take down signs in Parking Garage Put bollards back up Final walk through of park to assure it is in pre-event condition

Schedule 6:30 Coordinator arrives and unloads supplies, etc. 6:45 Early volunteers arrive 7:00 Zone captains arrive and get spread out to their zones 7:00 Larry arrives 7:30 Begin setting up Cotton Club 7:30 Early artists pull in 8:15 Save spots for musicians. 8:15 Save spots so food trucks can move to their locations 8:15 Early artists get vehicles off the grounds 8:30 Late artists pull in 9:00 Food vendors arrive 9:00 WBAA arrives 9:15 Late artists get vehicles off the grounds 9:15 EMT arrives 9:45 Assure all volunteer gate greeters are in place and ready to work