HomeMy WebLinkAbout315652 08/31/17 9, )
CITY OF CARMEL, INDIANA VENDOR: 371270
ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY CHECK AMOUNT: S"'•"2,000.00'CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 315652 CARMEL IN 46032 CHECK DATE: 08/31/17
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
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INVOICE
Invoice ID: 0023
Issue Date: August 17, 2017
Artists Development Company
Due Date: August 19, 2017 324 W Main St,Carmel,IN 46032
3131
Subject: Entertainment Bookings for August 19, 2017 3evelop entco
info@artistdevelopmentcompany.com
For: The City of Carmel
ITEM DESCRIPTION Date NAME AMOUNT
TYPE
Service Contracted Saturday, Toy Factory Band $2,000
Entertainment-Late August 19,
Night on Main 2017
Service
$2,000.00
TOTAL DUE
$2,000.00
,0() 6�' �
1
a rti st
development
company
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 Tay Factory, an
individual or entity authorized to do business in the State of Indiana
1. Porformanca. The Performer shall provide the following live entertainment: Toy Factory at Late_Nioht on Main Street
(the 'Performanc e� on August 19 , 2017, (the "Performance Date'), from 8:45 P.M. to 11:4K P.M, at Clartnd Arts &
Design District, Carmel, Indiana (the 'Venue'). The Performer shall provide all equipment necessary or desiraible for the
Performance,except that ADC shall provide: Stage lighting&PA eguipment by Event Light&Sound Company_•
2. Payment. ADC shall pay to the Performer the sum of S2 000. (the"Payment") upon payment to ADC by the City of
Carmel. Indiana ('City of Carmel'), typically within '_A!7��ys•of the Performance Date, which payment shall
conbtitute all monies due and owing to the Performer from ADC for Or related t0 the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days poor to the Performance Date,
ADC owes no amount to Performer. tf 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. SaNs. Neither ADC nor the Performer shall sen 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 pw"—ds therefrom without contribution to
ADC.
S. Relationship. The Peormer 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 andfor the Performer's agents. employees or contractors at Or regarding the Performance
6. License. The Performer hereby grants to ADC and the City of Cannel 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
Carmel, the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events. The License shall survrve the
termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC'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. Assignmont. The Performer shall not assign this Agreement Of any Of its obligations hereunder.
9. Copyright Permission. The rees�obtairf-alK "W miaaiens from BML.A -SE G.
or directly from the copyright holder(s) of all songs or other works that ' sin and that will be part of
the Performance, and hereby agrees to incl Muld Larmless ADC. and ADC's officers, officials, employees,
agents. and attorneys, from an an claims, suits, judgments, liabilities. losses, costs. and expenses (including,
without limitation, r attorneys' tees and court costs) that result from the Performer's failure to obtain such
penitis
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 Performers 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 ADC 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 ADC with regards to
or related to the Performance.
11. Insurance. The Performier shall provide ADC, not later than ten (10) days prior to the Performance. written evidence
of Performer's coverage by insurance of the types and in the minimum amounts specified below:
a Commercial General Liability- (Minimum Limits)
1 General Aggregate(BI, PD) S2,000,000 �0
2 Products, Completed Operations AggregateS1,000.000
3. Personal and Advertising Injury $1.000.000 O
4. Each Occurrence $1.000.000 Cj
However, if such insurance is written on a claims-made form following termination of this agreement, coverage shall
survive for a period no less than five years Coverage shall also provide for a retroactive date of placement coinciding with
the effective date of this agreement.
b Business Auto Liability for Owned, Scheduled, Non-Owned, or Hired Automobiles: combined single limit of no
less than $1,000,000 per occurrence.
c Workers'Compensation: as required under Indiana State Law.
a. Such other Insurance in such amounts as from time to time may reasonably be required by the mutual consent
of ADC and Performer against such other insurable hazards relating to tie Performance.
All certificates shall specify that the coverage will not be canceled or reduced without thirty (30) days' advance written
notice to ADC Premiums on all insurance policies shall be paid directly by Pefformer
12. Nondiscrimination. The Performer represents and warrants that it and all of its officers. employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and Carmel. Indiana prohibiting
discrimination against any employee. applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement wth respect to their hire, tenure, terns, conditions and prrvileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color, sex. handicap, national
ong.n, ancestry age. disabled veteran status andlor Vietnam era veteran status
13. Govoming Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the taws of the
State of Indiana, except for its conftict 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 Hamifton 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.
16. E-Verify. Pursuant to I.C. §22.5-1.7, et seq., as the same may be mended 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 parry 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 unenforoesbility of any term or condition of this Agreement shall not affect the other terms and conditions, and
this Agreement shall be oonstrued 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 Aix 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, voluntari{y, 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 Toy Factory.Candi McKinnies-Shreve_
('ADC') ('Performer,)
By. By. _
Blair Clark, President Autho nature
Date-. August 11, 21)17 ,� �
rz l�L'n1uu� -� /�
PrinyvrdName L�l�.�,��Ylf�'lA3etG�tlEX1?�"
Title
FIDITIh
Last Four of SSN rf Sole Proprietor.
Date:
If Minor:
I represent, as parent or guardian of the Performer, we
shall both be pound by the terms of this Performance
Agreement.
Signature of Parent of Guardian
Printed Name
Date:
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