HomeMy WebLinkAbout311048 05/09/17 CITY OF CARMEL, INDIANA VENDOR: 371270
ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY CHECK AMOUNT: $.....""600.00`
CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 311048
CARMEL IN 46032 CHECK DATE: 05/09/17
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INVOICE
Invoice ID: 0009
Issue Date: Apirl 24, 2017 41
Artists Development Company
Due Date: May 26, 2017 324 W Main St,Carmel,IN 46032
3131
Subject: Entertainment Bookings for May 26, 2017 3evelop entco
info@artistdevelopmentcompany.com
For: The City of Carmel
ITEM DESCRIPTION Date NAME AMOUNT
TYPE
Service Contracted Friday,May Carl Storie $3,500
Entertainment-Late 26, 2017
Night on Main
Service
$3,500.00
TOTAL DUE
$3,500.00
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PERFORMANCE AGREEMENT
This Performance Agreement(the"Agreement"), which shall be effective as of the date it is last signed by a party hereto
(the "Effective Date"), is now entered into by and between Artist Development Corporation ("ADC"), and Carl Storie Band
an individual or entity authorized to do business in the State of Indiana and with offices located at
(address of the"Performer").
1. Performance.The Performer shall provide the following live entertainment: Carl Storie Band at Late Night on Main the
"Performance") on May 26th , 2017., (the "Performance Date"), from 9:00 P.M. to 12:00 A.M, at Carmel Arts &
Design District, Carmel, Indiana (the "Venue"). The Performer shall provide all equipment necessary or desirable for the
Performance, except that ADC shall provide: FOH and production provided by Main Event Kelly Johnson 317-402-
8424.
2. Payment. ADC shall pay to the Performer the sum of$_3,500.00_(the"Payment") upon payment to ADC by the City
of Carmel, Indiana ("City of Carmel"), typically within forty-five (45) days of the Performance Date, which payment shall
constitute all monies due and owing to the Performer from ADC for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days prior to the Performance Date,
ADC owes no amount to Performer. If the Performance is cancelled less than thirty (30) days before the Performance
Date, then ADC 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
ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove.
4. Sales. Neither ADC 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
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel, and ADC and
the City of Carmel'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 ADC and the City of Carmel 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
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13. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder,
they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
14. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certifies that it does not engage in investment
activities within the Country of Iran.
15. E-Verify. Pursuant to I.C. § 22-5-1.7, et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith.
16. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or
interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out
its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this
provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
17. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms and conditions, and
this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been
contained herein. This Agreement constitutes the entire agreement between the Performer and ADC with respect to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent. The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement, and enter into the same freely, voluntarily, and without any duress, undue influence or coercion.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
ARTIST DEVELOPMENT CORPORATION Carl Storie
("ADC") ("Performer")
By: By:
Blair Clark, President Authorized Signature
Date: 4-18-2017 Barry L. Brown
Printed Name
3
INVOICE
Invoice ID: 0010
Issue Date: Apirl 24, 2017 41
Artists Development Company
Due Date: June 3, 2017 324 W Main St,Carmel,IN 46032
3131
Subject: Entertainment Bookings for June 3, 2017 3evelop entco
info@artistdevelopmentcompany.com
For: The City of Carmel
ITEM DESCRIPTION Date NAME AMOUNT
TYPE
Service Contracted Saturday,June Cathy Morris $600
Entertainment-Jazz 3,2017
on Monon
$600.00
$600.00
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PERFORMANCE AGREEMENT
This Performance Agreement(the"Agreement"),which shall be effective as of the date it is last signed by a party hereto
(the"Effective Date"), is now entered into by and between Artist Development Corporation ("ADC"), and Cathy Moms, an
individual or entity authorized to do business in the State of Indiana and with offices located at (the
address of the"Performer").
1. Performance. The Performer shall provide the following live entertainment: Cathy Moms at Jazz on the Monon (the
"Performance") on June 3rd , 20_17_, (the "Performance Date") 6:00 P.M. to 9:00 P.M, at Carmel Arts&
Design District, Carmel, Indiana (the "Venue"). The Performer shall provide all equipment necessary or desirable for the
Performance, except that ADC shall provide: None
2. Payment.ADC shall pay to the Performer the sum of$_600.00_(the "Payment") upon payment to ADC by the City
of Carmel, Indiana ("City of Carmel"), typically within forty-five (45) days of the Performance Date, which payment shall
constitute all monies due and owing to the Performer from ADC for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days prior to the Performance Date,
ADC owes no amount to Performer. If the Performance is cancelled less than thirty (30) days before the Performance
Date, then ADC 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
ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove.
4. Sales. Neither ADC 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
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel, and ADC and
the City of Carmel'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 ADC and the City of Carmel 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 ADC and the City of Carmel in advertising or marketing ADC, the Venue, the City of
invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms and conditions, and
this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been
contained herein. This Agreement constitutes the entire agreement between the Performer and ADC with respect to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent. The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement, and enter into the same freely,voluntarily, and without any duress, undue influence or coercion.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
ARTIST DEVELOPMENT CORPORATION Cathy Moms
("ADC") ("Performer")
By: By:
....
Blair Clark, President Authorized Signature
Date: Cat Morris
Printed Name
Musician
Title
FID/TIN:
Last Four of SSN if Sole Proprietor: 0589
Date: 4/24/2017
If Minor:
I represent, as parent or guardian of the Performer, we
shall both be bound by the terms of this Performance
Agreement.
Signature of Parent of Guardian
Printed Name
3