HomeMy WebLinkAboutBPW 06-15-16-03/ Performance Agreement/ LemonWhell/Comm Relations/3,000/US Conference of MayorsPERFORMANCE AGREEMENT
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This Performance Agreement (the "Agreement°), which shall be effective as of the date It Is last signed by a party hereto
(the "Effective bate"), is now entered into by and between the City of Carmel, Indiana, by and through its Board of Public
Works and Safety (the "City"), and Lemon Wheel, an individual or entity authorized to do business in the State of Indiana
and with offices located at 5641 Forest Rise Ct., Indianapolis, IN 46203 (the "Performer").
1. Performance. The Performer shall provide. the following live entertainment: Lemon Wheel at US Mayors After Party
Event (the 'Performance") on Friday, June 24th. 2016. (the Performance Date"), from 7 p.m. - midnight, at Carmel Arts &
Design District, Carmel, Indiana (the "Venue"). The Performer shall provide all equipment necessary be desirable for the
Performance, except that the City shall provide: Standard lighting, electrical and staging. Further particulars of the
Performance are described In attached Exhibit A, which is incorporated herein by this reference. if there should exist any
discrepancy between the terms of this Agreement and the terms of any exhibit attached hereto, the terms of this
Agreement shall prevail,
2. Payment. The City shall pay to the Performer the sum of $3,000.00 (the "Payment") on the Performance Date, which
payment shall constitute all monies due and owing to the Performer -from the City for or related to the Performance.
3. Non -Performance. If the Performance is cancelled by the City, then the City shall pay to the Performer the full amount
of the Payment sum as specified in Paragraph 2 hereinabove. If the Performance is not provided by the Performer as
specified in Paragraph 1 hereinabove, the: Performer shall pay to the City one-half of the Payment sum as specified in
Paragraph 2 hereinabove.
4. Sales. Neither the City nor the Performer shall sell tickets or charge admission to the Performance. On the
Performance Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the
Performer's merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without
contribution to the City.
5. Relationship: The Performer is not, and shall not be considered for any purpose to be, the employee of the City. The
Performer hereby agrees to indemnify and hold harmless the City, and the City's officers, officials, employees, agents,
and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including, without
limitation, reasonable attorneys' fees and court costs) that result from any claim for wages, benefits, or otherwise by any
agent, employee; or contractor of the Performer or from any actions of the Performer and/or the Performer's agents,
employees, or contractors at or regarding the Performance.
6. License. The Performer hereby grants to the City a license (the "License") to photograph, video record, or otherwise
depict, in, on, or through any medium (whether print, digital, or other media format), the Performer and the Performance,
for use by the City In advertising .or marketing the City, the Venue, the Carmel Arts and Design District, and/or and City -
sponsored or City -related events. The License shall survive the termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless the City and the City's officers, officials,
employees, agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses
(including, without limitation, reasonable attorneys' fees and court costs) that result from the Performance or the breach of
this Agreement by Performer.
"8. Assignment. The Performer shall not assign this Agreement or any of Its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from. BMI, ASCAP, SESAC,
or directly from the copyright holder(s) of all songs or other works that is not In the public domain and that will be part of
the Performance, and hereby agrees to indemnify and hold harmless the City, and the City's officers, officials, employees,
.agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
Without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions.
10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all. relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold. harmless the City from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of the City with regards
to or related to the Performance.
Il. Ndridiftrithinaflon. The Perforrnevirepresents and warrants' that it and all of ,its 0 employees, aofts.:and
Ontractors.shall comply With, 611 Iawsi of. the United States, the State. of. Indiana, and the � CK & ti
City prohibiting hscrimi a orr,,
against gainst any employee, applicant for errioloyifteK brother
person in th' e.pe ormanod ofithie, Peiformees Obligations under,,
'thisAOteemeht with respe�ct'16 their hire, tenure, terrris, coitditrofis.and Orbrildg0s, Of vm
Oldyin#htiind anyotherrha.W
kelated to'theleerhployMeritor subcontracting, because: of'race, religion,. color,, sex, band cap, national origin, ancestry.,
status.
n Vietnam6rameterali
age; disabled veteranstatus d:ibr
d
12. Iran CoefflOtation'. Pursuant to I.C. Performer hereby certifies:
that ft:do does rid. engage n I ga 1- e in jpvestrneiit'
g
acfivlfies Withifi4he Country, of. Iran.
pori ted
herein by this reference, the: Performer hereby certifts: that, 16 thel extent the Performer has any employees,. . IM
POrforhidthas enrolled and. is participating in the E -verify. program and ,does,mbt,knowingly emOwy any unauthorized .
.allens., Should the Peffbimer violatd Indiana's &Verify, LW,, the City, may 'terminate this Agreement in accordance With
theieWith"
14 .Goventiing LAW; Lawsuits. This Adie6rqenfls to, beconstirubd:in adbordancevvith and governed by'the leas of
the
State of Indiiingi except for its conflict of lavos
the event I agree thati
, n' 43 tift: W filed'hereunder;'they ..
aws'provisiont. The parUe�
%vqI"-' the Vright to a jury trial, agree to ft any such lawsuit in an appopdatacourt n'M,a Ron County, Indleiriwonly,
and a6 thzitsudh court is the appropriate: VetiW for and has juds'diction, over the same.,
Is. Mlscellanedus: The indemnities ser fbtffi mrthis ..Agreement .ihall sivvWtho t6ftinatiori .of this Agreement The
Invalidity or, unenforceability of any term otcondition -of this Agreement ihal[not.aftd the,other terms ^Conditions "cand,
tIhs',,Agr,e#M-,ent shall be construed- in all respects as
s iviuch invalid or unenforceable term or :condition : had not been:"
contained hOrelh.. This .Agreeffi,ent constitutes theentire agreement, ' ,n Performerr;and:ft City"
lhiwith
'
re-spect,:
the subjectImader hereof, and ;supersedes 611 xiorwW,orVMt1en represefitatlims.4nd agreements regarding spin Jh
Is
Agreement May only bemodified by written Onwridneit b(ebuldd ,byOoth parties; The pbrtesrepresent and
warrant 4hatj.hqy -are � authorized to'enter infdtfili Agiee and. that,, the person executing -this.A'reemetit. hqVd'the- -
1. -.j. - , exO040 this.Agreement
to: bind. the party which they represent The. parties warrant that -they have,read 'this Agreement and unoerstiani'd
it, have had the-opportunityto obtain legal,adilce,-afidthe assistance of *counsel, throughout the negotiation of thl"
Agreement, and enter into the same l frebly, voluntarily, and vvithodt anyduress, undue influence -or coercion-..
INWITNESS 'WHEREOF, thepa rtiesh6rdt6have, made. and ekebuted thisAareement asibllbws:
THE'CITYOF:CARIVIEL,. INDIANA,
by and .through -Its.Board. of Public Works
and Safety,
By:
Z/,y
/.I We "
.?Tes ainard' Presiding Wicer
Mary Anh Burke, Wember
Dater
Lori .S.Watson,I Member
ATTEST:
wsfihia. S. Pa- uley, Clbrk-Treasurer
Pat&
Lemonwhe,61U.0
CIPOfformer-01
FID/TIN:.
LastFixlrofg. . "N' le.PrOddW,
Date:
Performance Agreement Lemon Wheel
mh
THIS CONTRACT, entered into on this Jrd'UW
Day -June 161 6j is for ' fhe, persona( services of Le biO eel:,
(the musicians)',. booked:'through:Jeff Libby (agent) for _lJ5 Conference; of Mayors, v a,The City 'of EarmeC
Eveii.tclype:,,�jO.u'td'oor=concert/stre4.t,,p44,y,,..,gp e Public
.
the empipyer-and., the, und ersignedimusici n5i� a
ent' greg.:a)04 contt4 f lOW
,
�
11. Emp,jbyO(,hJ( 5 m'usician's on,lthe,- —' ... -' i d
-, b erms-,,an cdhditiorfs set forth inrthis contract.
:2 Pta& of Engagement. )A t t OJ6 Carmel, Jit
....... .. . .
3. Datb/Tihie-
IncludiekSetup1t. Peff-orman'te.
,Perf ma'n-,c.e ftf"'2attiWth: br-oak from .4:45. I qprri
:4:
.5.
7 -
El
Band -Performance/Flatfeet
$3;000 :00
............. ................................... m ...............
Fee di- - claybf performance: Check should be mil"a'de, out
4prdMNheel. in.qs:7, rOMt_y, or check !f req d U 'e
bd4d-w-l.U Iay:.Oyer-fid
K�
PerHalf hour.
ProdUrfion Notes; Lemo6Wheel,.witt'have,.,dedic6ted sound technician to work kh venue
per spnn et:-
ts
ra
E[6ctrical're 04-remen
- --
'feet.ofstap,dro,nita
between purchaser an(
provide a. b�a-.- ,nd,a :D 'Droy * 'i
between purchaseraqc
Sound trivineer- Purch;
needs io,bL- MiM , 161�':d ��;'.-Id
jmypi�. deep wide,; Optional
ed by the: purchaser
aye
power,generator
has a.roond.engineer , I *hb.:
® LoadInfSoundl-hkk: The load fn si up and :,sbund.6heck.'eimewiihfuit"accdst,-,to:
stage will be a -minimum of hours prior to'guest arrivat.,
Meals, Food`a`i4wiie*r provided or 9 p6dple:(Thand 4 2 crew:);
M rking..Wh pPiq*ei�, rovid"d lt, `fA
rl..,
es.:
Altjrecasual,;'summer; wekhe*-6ppr6ptiatb attire:
Addt`Iona e [T rm. and'Condi
P. 1,t
fons:
Sibcfki :-Enipl.dyer and/or ,e6rmancew�nu `,witt, provide sUffitient;'security solfig no.,
p e
authonjzed.`p'brsons MR fiiVO,,ACCO'SsAb the :,s.tag6,,,areA..t)r,.baitksiage area,.,,,
Employer sfi-aftlbo
responsible for,'a ny theft oe",dh,:m;.ag6�:to':the,.equipmenfiof Artist .;.Ithat :may ,pccur,during " hq,�i'ime the
eq6 on Employer'—s. premises.
IfituirgAte - E ml; pl`dyer Ond/d'f performance- ..
"Vend:e—. .gr&sl to re
:taih'ah -Ard.A[L.fiecessayi'personal
it qpy or pr9pprty darhage jjabiU-t §&aft with '.1k0c tq'h adiVitfes of Artist -on the.prem
ires
bfEmployee ,orat such other ldca't-ibb" Where ,EfoWyerld.iirects ArWtist tb:perfoft..EmOlbyer agrees to
in, emnif..y anis hold Artist W'nt&§sff6n any and all-claims,"liabilities, damages, and
expenses
arising from anyacdoh:Orjktivj� of: �Mpl r-t.eirgupsts,'white"Ar.tJ'A,l'rndenn- g the
g .
contracted j,seryi'celsex.c.e,pt-fqr:.claimsansin.g:; mis6briduct orross,, negligence.
d 4 full 6,0,,,.day�s' notice:
-beposits: -refondib�6j.and bala ci� t' band ..
balance i,sl,,pq . _ an ... Qn. ds�.
'is,prov-�i1d.,e..'d,I"n `a- rare'ir. mstan-.i.6p bah, is .Ub.-�ble
tb-f0I j�t th6t6'jtJraf
contract
h,..a 'i
n'i u
m o
f 5
members, th 4611l.depP�would be refunded and�nq further qompensat-nWoUIdbe due. For
q events, if performance �
4tM. t0l(t 'for�4
and,' j�k 15.6 A.
At* b' , 06 50K,,of
9u'6P.ntee,fee `Af cancelled priptQ setting ,u is bandd hassetup,
the:
uaraqteo fee is due.,
10 OUTDOOR EVENTS - T6nt orshelteris required io1-beI p-ro;v-id.1ed b..y,purc"h.ase-rlq so an W_g
q area j-
.
atterr ate-- location in case, of-ifictement, weaihert, Minimum °recommended �iepi dimensions ate1U30
fb:01 gand stage should span a minimum .. .of,l .6x2,4 'fe ei on 'i*saf 6i- surfaee. -A , x tent fore
or
sou..n-d,engine.erand equipment is . r_e.q,uested'.-, .4:. ''I'." I -
. 'to-b.e. "s.U.p"p
ied,frdm, a -t -
APP
prueRaise&staging TBD (patets,- 6�k:�ed? orrentestage, OW.-Iq caKeo -ioc ementw
-
everitwill,be inside barn.
'h 1� b
TIii.s.104vactInd any attachments h &rein -s a egovbrn6d!by the ,"State of,
In
1r1dkha,J4,W, may be modifi:Od,.,.bb�yl*signed:,,.wr'it'i6�,, Andis.b ding� arid: Y$jd. on��'When sig 'ed b'
the. . -.� . I . I, I and , . , when , I- , J 1 0., : Y
parties: b�low.
tArn6q, i eel Agent Slg.Owre:
Anget McKenna
-AQentr
Angel LernonWheet
Pto 6%3/:`16:
Titl.v, Agent/Manager
Purchaser: Signature;
,Please keep one executed copy of
'Ohien. or.: mp, oyer;
Mai i Deposit. Check rnEmployer ' id.
`(made: outdo
LebriwKe�et)lltwi Thb�,City Of-Girin6l
Aise
5641.,Fores,t. t ., . ... ..
:Indianapolis, 16 4620-3 Email:
Addtw,.i
LeiiionWheel-00,6rmanca Agreement t
12,
Company ID Number: 987394
Approved by:
Employer_:.
LemonWheel, LLC
Name (Please Type or Print)
Title
Angel McKenna -
Signature
Date .
Electronically Signed
06/07/2016 ;,
Department of Homeland Security — Verification -Division
Name (Please Type or Print)
Title
Signature
Date
Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
3 �4
MIKE
�a lliiGi
Company ID Number: 987394
Information Required for the E -Verify Program
Information relating to your Company: "
LemonWheel, LLC
Company Name
5641 Forest Rise Ct
Indianapolis, IN 46203
Company Facility Address
CompanyAlternate Address
County or Parish
MARION
Employer Identification Number
463056144
North American Industry
Classification Systems Code .
711
Parent Company
Number of Employees
5 to 9
Number of Sites Verified for
Page 14 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
Company ID Number: 987394
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
INDIANA 1 site(s)
Page 15 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
,�, � ply
ri
Company ID Number: 987394
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name. Angel McKenna
Phone Number (317) 983 - 2004
Fax Number
Email Address lemonwheelband@gmail.com
Page 16 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
RESOLUTION NO. BPW-06-15-16-03
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF PERFOMANCE AGREEMENT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the
City; and
WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C.
Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for
review.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to
the public for review.
SO RESOLVED this ^ day of ���— , 2016.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and.Safety
BY:
James Brainard, Presiding Officer
ate:
Mary A Binh )ember
Date: �{jj
SAE Bass\My Documents\BPW-Resolutions\2016\Acknowledge Lemon Wheel Performance Agreement.docx6/8/2016 9:51 AM