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Home My WebLink About302866 09/12/16 (9, CITY OF CARMEL, INDIANA VENDOR: 358380 ""ONE CIVIC SQUARE CARMEL CITY CENTER LLC CHECK AMOUNT: S`" '750.00•CARMEL, INDIANA 46032 770 3RD AVE SW CHECK NUMBER: 302866 CARMEL IN 46032 CHECK DATE: 09/12/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359003 081816 750.00 FESTIVAL COMMUNITY EV VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) CARMEL CITY CENTER LLC ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 770 3RD AVE SW IN SUM OF$ CITY OF CARMEL An invoice or bill to be properly itemized must show!kind of service,where performed,dates service CARMEL, IN 46032 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $750.00 Payee ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Community Relations Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT INVOICE 43-590.03 $750.00 1 hereby certify that the attached invoice(s),or 8/18/16 INVOICE $750.00 1203 , ` 101 1203 101 bill(s)is(are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Wednesday,August 31,2016 I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer CARMEL CITY CENTER One Pedcor Square 770 3rd Ave.SW Carmel,Indiana 46032 August 18,2016 City of Carmel Nancy Heck One Civic Square Carmel, IN 46032 RE: Reimbursement for Dave&Whitney-CCC Concert Series 7/23/16 Event Event Cancelled Due to Weather INVOICE Due: Upon Receipt Date Description Amount 8/18/2016 Initial Deposit to Dave &Whitney for 7/23/16 Event $ 750.00 CCC Concert Series Total Amount Due $ 750.00 If you have any questions please contact Laurie Siler at 317.587.0467 Please make checks payable and mail to: CARMEL CITY CENTER Attn: Laurie Siler 770 3rd Ave SW Carmel,IN 46032 C)V 1-D pal �3S�ioA3 DAVE& . WufTNE INVOICE Attention:Jimia Smith VP and Marketing Director Carmel City Center LLC 812-801-3315 770 3rd Avenue,S.W. dandj,t,music@gMEiii.com Carmel, IN 46032 Date: 2/26/16 Dave and V%Ihitney 735 Tulip Grove Rd #106 Project Title:Project Name f�ermitage,Titil 37076 Project Description: Live Music h 1.'.y}y�by J.N • i >Y'.1 L G G •,� •` .ty,,�;'1� f/ r% 1.M`l jjl.• P p1� C,P.p'+ I' Deposit{due immediately) $ 750 Balance(due 6/23/16) $ 750 $ 1,500 $ 1,500 Thank you for your businessl Can't wait to come play for you :) Sincerely yours, Dave and Whitney 1 Vicki Sponcil From: Jimia Smith Sent: Monday,August 15,2016 4:20 PM To: Vicki Sponcil Subject: RE:Staging Budget for CCC sidewalk concerts Vicki, We are actually deciding not to reschedule the concert with Dave&Whitney.So you are free to submit for reimbursement for the first%z payment. No remaining payment is due. Thanks, Jimia Smith, VP& Marketing Director 4P, Carmel City Center Pedcor Companies 770 3"Avenue,S.W. I Carmel,1N 46032 C~A ibs E I, 317-660-3388(D) 317-383-7949(M) 317-218-2690(F) Lirr ciNren- iimias(@I)edcor.net I w«-N-.•.carmelcitvicente.r.com Sign Uh Ir oUr E-Newsletter From:Jimia Smith Sent: Friday,July 22,2016 2:55 PM To:Vicki Sponcil(vsponcil@pedcor.net)<vsponcil@pedcor.net> Subject: FW:Staging Budget for CCC sidewalk concerts FYI... From: Lentz,Melanie J [mailto:mlentz@carmel.in.gov] Sent:Wednesday,July 20,2016 11:35 AM To:Jimia Smith<Jimias@pedcor.net>; Heck,Nancy S<NHeck@carmel.in.eov> Cc:McVicker,Megan<mmcvicker@carmel.in.gov> Subject: RE:Staging Budget for CCC sidewalk concerts Jnn71a, I talked with Nancy and she is fine with this. Thank you for reaching out and letting us know. Best, Melanie Lentz Project Manager Community Relations &Economic Development City of Carmel One Civic Square ONE& � I PERFORMANCE CONTRACT This contract, made this day of_ February (month), 2 (date), 2016 when signed by you and by us, will constitute an agreement between us pursuant to which you hereby engage us,and we hereby agree,to furnish entertainment package to you subject to and upon the following terms and conditions: ARTIST(S)or GROUP(S): Dave&Whitney DATE(S)OF ENGAGEMENT: July 23. 2016 NUMBER OF SHOWS: 1 VENUE: Carmel CitvrC,gnteY, LLr City-Carmel State IN Zip_ 46032 Tel. No. 317-660-3388 (D)1317-383-7949(M) Contact Name:—limia Smith SHOWTIME: TBD Length of performance: 90 min Job Description: Outdoor Concert ARTIST-INDEPENDENT CONTRACTOR: Artist shall at all times have complete supervision, direction and control over the service of his personnel on this engagement and expressly reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements.The Artist executes this agreement as an independent contractor, not as an employee of the Purchaser. ARTIST FEE:_ $1500 DOLLARS ($X,XXX)and including: production &lights/ Accommodations:0 rooms(0 king rooms) DEPOSIT- ONE-HALF OF THE TOTAL ARTIST FEE(XXXTHOUSAND XXX DOLLARS ($X,XXX) DUE:_ $750 Payable to: Dave and Whitney Send to:735 Tulip Grove Rd.#108 Hermitage,TN 37076 BALANCE DUE- $750 DOLLARS($X,XXXX) DUE DATE:Pats of Performance BALANCE OF MONIES TO BE PAID IN U.S. DOLLARS, UPON DEMAND. FEE-QUAD l D NT-rtn RAIN 1 R e.,�,sr�.^ �� f1't�y�Siv'L�7�• Qr �L Venue Capacity: N/A Ticket Price:$XX-XX Artist Merch Rate: N/A STIPULATIONS: THIS ENGAGEMENT IS NOT TO BE ADVERTISED OR PUBLICIZED IN ANY MANNER OR FORM UNTIL THIS CONTRACT IS FULLY PROCESSED, SIGNED BY BOTH PARTIES AND DEPOSIT MADE. Binders and deposits payable to DAVE&WHITNEY by money order or certified check. No payment will be made by any personal check unless approved by this office,in writing, prior to the engagement. If this contract is cancelled by the purchaser for any cause other than an Act of God,all deposits are forfeited and DAVE&WHITNEY maintains the right to claim payment in full.This contract cannot be assigned to any other person except as provided In paragraph 4 on the reverse side hereof, payment shall be made to us In full without any deduction there from whatsoever. You agree that you will first apply any and all receipts derived by you from said entertainment presentation to the payment to us of the amounts required hereunder. UhU,4 {qt y` AV-N _Pahl, to Vi?L-V�D_N Pwb1tC- �� AL MA, _iN1TIAL Page 2 of 3 DAVE&WHITNEY PERFORMANCE CONTRACT THE ADDITIONAL PROVISIONS BELOW(AND ANY RIDERS ATTACHED HERETO)ARE PART OF THIS CONTRACT AND ARE DEEMED INCORPORATED HEREIN. Date r P P pate2/18J2016 PURCHASER SIGNATU =CARMEL CITY CENTER, ARTIST REPRESENTATIVE SIGNATURE LLC Name: ,� rt,�,r'f $"%,( DAVE&WHITNEY PROVISIONS MADE A PART OF THIS CONTRACT: 1)In the event that payment hereunder shall'be based In whole or in part on receipts of the performance(s)hereunder,you agree to deliver to us a certified statement of the gross receipts of each performance within two(2)hours following such performance.We shall have a right to have access to your box office records relating to gross receipts of this engagement only. 6&4k Viab-i" (luac.- 2)The entertainment package furnished by us hereunder shall be presented by you only at the place of engagement mentioned on the first page hereof before an audience admitted there to and neither said entertainment package nor any of Its elements may be photographed,televised,recorded or utilized in any way other than as specifically set forth herein.. 3)Except as provided In Paragraph(1),you agree to provide,at your cost and expense,awpah6all s elfftiesrAghte4waW!eensesrregardless of theYsstafe-tlacxegf,, 4w he prep r-pmductiom. of the enteRainment peekage, sueh.as stages,d electric current,mwMe and public address systems.The entertainment package,all elements thereof, and all services,personnel,material and facilities to be furnished by you in connection with the presentation thereof shall be performed,rendered,installed,maintained and operated under our sole direction and control and in accordance with our instruction .*t,W 14W&VA IO(ki�t�gwy WA 51 4)If we are prevented from furnishing the entertainment pacKage or any elements thereof by reason of causes directly affecting us which are beyond our control,such as Acts of God,force majeure, 41aill, inclement weather,strike,fire,epidemic,accident,transportation delays,sickness,governmental 10'Ai -'tom action or any other causes of tike or different nature,we shall have no obligation to you except to WA 1b endeavor to furnish you a substitute element,subject to your prior approval which you agree not irt4q&e 0 unreasonable to withhold,it being understood that if for any reason we fail to furnish a substitute 441,*Pit. element or if you reasonable do not approve any substitute element,we shalt furnish the remaining elements to you and payment to us shall be reduced to the extent of any savings to us resulting from our inability to furnish such element to you. 5)The elements to be furnished by us hereunder shall be accorded billing in such order,form size and prominence as we may require,and you agree that such billing shall appear in all advertising, publicity and promotion relating to the entertainment package to be furnished hereunder. 6)You agree to comply with the terms and provisions contained In any collective bargaining agreements with,and the rules and regulations of,any unions having jurisdiction over the services and personnel to be furnished by us and by you. T)Each of us is acting as an independent contractor and nothing herein contained shall be construed as creating a partnership,joint venture or other relationship between us. 8)This agreement(a)may not be modified or amended except In writing signed by both of us;(b)may not be assigned by you,but may be assigned(and/or our obligations delegated)by us In whole or In part,from time to time to any person,firm or corporation;(c)shall be construed and interpreted under and In accordance with the laws of the state of Tennessee;and(d)constitutes the entire understanding of the parties,hereto,superseding any and all prior agreements whether written or oral. INITIAL PAGE PAGE 3 OF 3 GAVE&WHITNEY PERFORMANCE CONTRACT 9)This contract covers personal appearance service only. 1o)This agency has negotiated this contract between artist and purchaser and is not responsible for the performance of the artist or the purchaser. 11)Should inclement weather render performance impossible or not feasible,Purchaser shall gene: like less ;�;�,"�.•y;�urL�r�iry.,...+�,�;�t_s..0�n ns�tie �p�lild�,beroin j�}�,q}yQ,i *y,,5i;�'}it� 12)It is acknowledged and agreed that DAVE&WHITNEY Is acting herein and hereunder as agent for(4) the Artist(s)(aiso referred to as"the Musicians)")for whose services this contract is made and that e.AA nok GAVE&WHITNEY is not,and will not behold responsible for any act of commission or omission on Y'ell'ttt,L the part of either the artist(s)or the purchaser.In Implementation of the foregoing acknowledgement iPAAAM V and agreement,and for the benefit of DAVE&WHITNEY It is agreed that neither the purchaser nor the arlist(s)will name or join GAVE&WHITNEY as a party in any civil action, suite or other court proceedings arising out of,in connection with,or related to any acts commission or omission by either purchaser or the artist(s).(The foregoing provisions of this Paragraph 12,mentioning possible Court proceedings,shall not be deemed to detract from the provisions of this contract which require the resolution of controversies and claims by arbitration and obligate the parties to submit controversies and claims to arbitration.) 13)it is expressly agreed that DAVE&WHITNEY has the right,on behalf of the artist at anytime,to require Payment In full prior to artist's departure for the engagement or engagements mentioned on the face of this contract.The employers failure to comply with these provisions,shall be considered willful breach of contract and all deposits in the possession of DAVE&WHITNEY shall be retained on behalf of the artist and DAVE&WHITNEY. 14)In the event that the gross box office receipts(GI;IOR)and/or admission prices exceed those stipulated on this Contract,employer must pay the artist on the night of the engagement the total dierence between agreed potential gross and actual gross. 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