Loading...
HomeMy WebLinkAbout318704 11/21/2017 o CITY OF CARMEL, INDIANA VENDOR: 371270ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANYCHECK AMOUNT: S"*****500.00* CARMEL, INDIANA 46032 324 w.MAIN STREET CHECK NUMBER: 318704 CARMEL IN 46032 CHECK DATE: 11/21/17 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 854 4359025 100084 25 500.00 GALLERY WALK & ENTERT 0 n ® > < « k k CD \ 0¢ q= CL $ S S e 2 q 0 n D ® ® m / ? 2 2 q q m ° / cf) o � e ] ® © m \ ° 7 ® m � $ / m 2 8 n e -n > £ D O 2). $ § CL = 0 D 3 ^ / ■ 0 m > CL ° �_ 2 O q 2 > -n O $ m \ / o w | =r $ $ §_ E I Cl) § k $ / % 2 � g ( CD o k / m ƒ o 2 k k CD K m 0 a z , 3 ; & a § m 0 E& { n Q 3 $ . O= CLƒ ID ± / / G ( 2 E f - k ƒ § CD / c ; @ � , o cr y ƒ U \ \ } \ g \$ � / ) E § k -n m 0 // k § ƒ \ C 2) � 0 ° CD / �Z �C �0 \ 0 > /k { r )� g @ £ 0 D �7 = 7 7 2 2 2 E \ m 9 / / z CD\ \ CDO @ = 2 7 F / fCD c � 0 2 / /CL \ M \ 2 X ] k0- a) \ k \ _ 2 O g \ { 0 z ® k INVOICE Invoice ID: 0025 Issue Date: July 10, 2017 Olt Artists Development Company Due Date: December 9, 2017 324 W Main St,Carmel,IN 46032 Subject: Entertainment Bookings for September 317-539-3131 info@ardstdevelopmentcompany.com For: The City of Carmel 8 total band members (including Blair), he requested his own room last ITEM DESCRIPTION Date NAME AMOUNT TYPE Service Entertainment December, Artist $1000.00 Bookings September, 2017 Development 2017 Company Subtotal $1000.00 Service Contracted Saturday, Diana Davis $200 Entertainment-Gallery December 9, Walk 2017 Service Contracted Saturday, Emma Hedrick& $150 Entertainment-Gallery December 9 The Main Street Walk 2017 Jazz Band Service Contracted Saturday, Casey $150 Entertainment-Gallery December 9„ Harshbarger Walk 2017 Subtotal $500.00 TOTAL DUE $1,500.00 lcC) Vb 1000�°r- 1 artist development company PERFORMANCE AGREEMENT This Performance Agreement(the"Agreement"), which shall be effective as of the date it is last signed by a party hereto (the "Effective Date"), is now entered into by and between Artist Development Corporation ("ADC"), and Emma Hedrick/Main Street Jazz Band , an individual or entity authorized to do business in the State of Indiana and with offices located at 13257 Blacktem Way, Carmel, IN 46032(the"Performer"). 1. Performance.The Performer shall provide the following live entertainment: Main Street Jazz Band at Second Saturday Gallery Walk (the "Performance")on April 8. May 13, June 10, July 8. August 12, September 9. October 14, November 11. and December 9th , 2017.,(the "Performance Date"), from 5:00 P.M. to 9:00 P.M, at Carmel Arts & Design District, Carmel, Indiana (the "Venue"). The Performer shall provide all equipment necessary or desirable for the Performance, except that ADC shall provide: None 2. Payment.ADC shall pay to the Performer the sum of$_150.00_(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 Carmel, the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events.The License shall survive 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. B. 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 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 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 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. 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 with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. 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. 13. 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. 14. E-Verify. Pursuant to I.C. § 22-5-1.7, et sea., 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. 15. 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. 2 16. Miscellaneous_ The indernnities set forth in this Apraerr�--nl shall survive the sen .-,coition of this Agreement. The irr.alicJily 01 uneuliarc-utel>ili:y e,i ally '-is.rril ur a ttusiillr,aa itf Ilit Aureetmprit jLh.all ltot afftt;t the, GlIj rr rttrATG unci coryd,flont,, wid t;fwi Ailicernunt nitiO are, cw%truttd trn all rt7!,rwrN 45`7 if such invalift or unori'nrm.ahin form. Of condilion hria trat �:tr+n r_e5t't,tillle+ he evil a, her: J1r{wetruml. k,::c w.lalrlloN Illu (wilirn il<lpu�:ww. between aw rerfoir�•f+_i a„d ADC with ru!.ue:+ct iu tltc subject matter here:ni, and supersedes all prior oral or written r+epres&,itaticiYS and agreements regElTdinp Same Thirty Aflreirrinr,r,l er1uy rsrsty Imp latri,rlirrl by W01111te1 oxer ltmf by hath partiirt.. hr,:e'Xi. Thu p�atll��s re4p�rer..urrt rnc(1 ywwrallt trial thug are aulhorkrod tc eiiter lift, thlt: Agiopwftni and Mat then peers Ynw oxt rifting this A(Iltset-o{any 11ave the w!"milty+to bind 11114 palty wta h t1my (ugstuw-t. Vici partAm wfarocrit thn' :hoy h-avv mid.thr.t p;lre.rricrti and wsclomtnrtd it. have bad the opportunity to oUbn logal advices and the assistance of counsel thio rlhou# the rnegojjMan of this AfIturrtrwril, rind woe*r Intent Me rmine frovelly, ver,';antnniti,and without lbriy+lu; re►i:, 1411( ro. Irlflt;'vewe+,ir ro"1(4c n IN i ATNESS WHEREOF,the padies,he cora hava made and uxtvulu-4 lays A(prermirni Vills l'aa!oym ARTIST DE'VEt.t.PM17NT CORPORATION Ererlrlpp ipea(Il1ck,%. Uflrl G1►+of Jori late-til CADC") ('Puefurrrar`) By. EN* CIS. Presid rit Alvldiodred Signalure Da.�yyyy.,. ate: 442J (,,-L.f 2 J (,,-.L. Print-ad f4 amc Tsk- FIdrTINl 9 f. h% I..; LW,F€L,Of S N rf Sale Prooel i•. l I repreW.nt, c'ks pXIerlit of 9rj:editM of the Perfernser. we Shall b be tound by tvrm ai th h VV Pwfoiwau A �� nt sign of Pamrr of Guardian Pried ' arfe I artist 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 Dianna Davis. an individual or entity authorized to do business in the State of Indiana and with offices located at 5370 Guilford Ave.. Indianapolis, IN 46220(the'Performer'). 1. Performance. The Performer shall provide the following live entertainment: Dpi nna Davis Second SaWrrdav Gallery Walk (the "Performance') on April 8 , 2017 (the "Performance Date"), from S:QQ P.M. to D:QQ 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$ 200_00_(the"Payment')upon payment to ADC by the City of Carmel, Indiana CCity 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 attomeys'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 Carmel,the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events.The License shall survive 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. 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 ADC, and ADC's officers, officials, employees, agents, and attomeys, 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 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. 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 with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin,ancestry, age,disabled veteran status and/or Vietnam era veteran status. 12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and govemed 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. 13. 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. 14. 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. 15. 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 Fore 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. 16. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The 2 invalidity or unenforoeability 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 Qianna Davis ('ADC-) ("Performer") By By: Blair Clark, President Authorized Signature Date: _ Dianna Davis Printed Name Musician Performer Title FID/TIN: 346-78-4470 Last Four of SSN if Sole Proprietor. 4470 Date: 3123117 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 Date: 3 artist 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 Casey Harshbarger, 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: Casey Harshbarger at Second Saturday Gallery Walk(the"Performance") on May 13: June 10. and December 9 , 20 7(the "Performance Date"), from 5:00 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$_150.00_(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 thifty (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. S. 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 Carmel, the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events. The License shall survive the termination of this Agreement. Agreement may only be modified by written amendment executed by both parties hereto. The panties 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 Performer's Legal Business Name ("ADC") ("Performer") By: By: Blair Clark, President Ahorized Si n Date: 4-12-2017 Printed Name Title FID/TIN: I Last Four of SSN if Sole Proprietor: l Date: 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 Date: 3