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HomeMy WebLinkAbout322641 03/12/18 Cqq a CITY OF CARMEL, INDIANA VENDOR: 371270 `l ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY LL(9HECK AMOUNT: $.....1,000.00` CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 322641 9MlfUN � CARMEL IN 46032 CHECK DATE: 03/12/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBEA'.,, AMOUNT DESCRIPTION 1192 4350900 201803 300.00 OTHER CONT SERVICES 854 R4359025 100084 201803-2 700.00 GALLERY WALK & ENTERT VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) Vendor# 371270 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER ARTISTS DEVELOPMENT COMPANY IN SUM OF$ CITY OF CARMEL 324 W. MAIN STREET An invoice or bill to be properly itemized must show:kind of service,where performed,dates service rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. CARMEL, IN 46032 Payee $700.00 Purchase Order# ON ACCOUNT OF APPROPRIATION FOR 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 100084 201803-2 43-590.25 $700.00 1 hereby certify that the attached invoice(s),or 2/14/18 201803-2 $700.00 1203 Encumbered 854 1203 854 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 Monday, March 05,2018 Heck, Nancy Director 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 INVOICE. , Invoice ID: 201803-2 Issue'Date: Feb. 14; 2018 Artists Development Company; Due Date: March.10, 2018 324 W Main at,Carmel,IN 46032_ 3177539-3131 Subject. Entertainment Bookings for March. Ingo@artistdevelopmentcompanycom For: The City of.Carmel ITEM DESCRIPTION. Date NAME AMOUNT -TYPE Service Contracted Saturday; Diana Davis, $200 Entertainment- : March`10 Gallery Walk. . Service Contracted Saturday;,, Emrna:Hedrick & '.'$300 Entertainment- March 10 The Main Street Gallery:Walk' Jazz:Band Service: : .Contracted Saturday,: . Molly Jones $200 Entertainment- March 10 Gallery Walk. Subtotal $700.00 TOTAL DUE. $700.00, ca`— _u 1 -artis development company PERFORMANCE AGREEMENT Second Saturday Gallery Walk. This.Performance Agreement(the."Agreement");which shall be effective as of-the date pit.is last signed by a party hereto. (the"Effective Date"),is now,entered into by and between Artist Development Cor oration (''ADC"), and.an individual or. - entity authorized...to do.business.in the.S.tate of Indiana and with.offices located at. -2577 I kte wa Carmel IN 460 37. .(address of.the"Performer"). 1. Performance.The Performer shall provide the following, live entertainment: M i r on Nr h 1 MR. M03-5,d Jul 14 20;1 .(the."Performance Date"),. P.M.to 9 P.M. at;657an el Arts& Des pn District. G•a el. Indian (the"Venue'l The Performer shall provide all equipment necessary or.desirable'forthe-Performance,except-that ADC shall provide: Non I Payment.ADC-shall.pay to the Performer the t6tal.sum of 30 0 r .erform n 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.toindemnify 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.ormarketing.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: indemnifyand: hold harmless.ADC.and ADCs 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 thisAgreement 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 andthat Will be part_of'the Per ormance,:and .hereby agrees:to indemnify and hold harmless ADG. :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: courtcosts) 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,.regulationsand codes applicable'to the Performer's performance of its obligations underthis Agreement, and all relevant provisions thereof areincorporated 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.furtheragrees.to.comply.with all lawful orders-of ADC.with : regards to or related to the .Performance. 1 T..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:.GoverningLaw;: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 aAawsuit.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, 1.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 1: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 Performerhas enrolled and.is participating.in the E=verify program:and does-riot 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 l=orce-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. IN WITNESS WHEREOF,the parties,hereto have made and,executed this Agreement as follows: ARTIST DEVELOPMENT CORPORATION Main.Street.Jazz Band CADC°) ("Performer") By: By: . Blair Clark, President Authorized Signature Date: 4:12-2017 .Printed.Name Tit le FID/TIN: . .:, . (' . lam► .: Last Four of'SSN if.Sole:Proprietor.'.'S.q� y" I77 Date:: �.� .F �: If.Minor: represent, as parent or guardian of the Performer, we . shall both be bound b the terms of this Performance �greementa:. Signatur of Parent of Guardian'. Printed Name Date: f l177 3 artist - opmen CoMpany . . . . . . . . . . . . PERFORMANCE�AGREEMENT. Second Saturday GalleryWalk. Thi8.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 Cor oration "ADC" , andan individual or entity authorized to do business-in the.State,of Indiana'and with.:offices located.at. 3x7,0 G iilf•rd Ave. Indiana IM I 622 (address of the"Performer") 1. Performance.The Perform er.shall,provide,the.following live entertainment:Milin,n 2 11.06 AAarch 1O.April 1_4. Ma 12 Jun ; 1_4e 9 and Jul20,1$(the"Performance.Date'), 5 MIR-6191RIM4at; mar el Arts& ©esian District. Car el ndi n (the"Venue'') The Performer shall provide all,equipment necessary.or.desirable for.the.Performance.except. thatADC shall provide: N n . 2. Payment: ADC shall pay to the Performerthe total sum of per performance 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:of the Performance is.cancelled by ADC at least thirty_(30) days prior to the.:Performance Daf. , ADC owes no amount: to Performer.: lf, the, Performance is, cancelled, .less .than: thirty (30) .days .before the Performance:. Date, -then ADC: shall :pay to'the Peiformer 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 shal[payto.ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove. 4.. Sales. Neither ADC:nor the Performershall: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 retairi.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 pf.'Carmel'ss officers, officials, .employees;.°agents,and attorneys,:from.and'against.all'claims,' suits, judgments,liabilities, losses, costs, and expenses (ncluding,-without limitation, reasonable attorneys'fees.and court costs) thC;Itr result from any clairrnJor wages, benefits, or otherwise* by any agent, employee,, orcontractor.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/orADC�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,. fficials, ..employees;. agents; and attorneys from and against all claims, suits, judgments, liabilities;- losses, costs,.and expenses (including, without'iimitation; reasonable-attorneys' fees and court costs)that result from,the Performance orthe-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 frorri, 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 jind6mnify and hold harmless ADCs. and ADC's officers,' . . officials, employees, agents, and attorneys, from and against all claims,.suits,'judgments; liabilities; losses; costs, - and expenses--(including; -without limitation, reasonableattorneys' fees and. court costs) that result:from the Performers failure to obtain-such permissions. 10. Compliance with Law;. Lawful .Orders. . .The .Performer. agrees. to .comply.with'.all. federal_state to and.local.1aws, executive.orders,-.rules, regulations and codes applicableto the P.erformer'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 complywith 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 Agreementmith 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-V'ietnam 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 s_eg,.,as the, same,may.be amended from time,ao 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 Ewerify,program:and does:riot 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:underthis AgreemenY.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 given 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,:stormor:other .simiiar.occurrences'.orders or acts of military or civil.authority, or by:national emergencies, insurrections, riots, or.wars. The excused panty-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 suchcauses: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 unenforceabilityof. 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 unenfoeceable term or condition 'had .not been contained, herein..This Agreement constitutes the entire.agreement:between the Performer and ADC withrespect to the.subject..matter.hereof,.and supersedes all priororalwritten-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 Agre-ement-have the.authority.to bind the party which they re-present.-.The parties warrant that they'have read this- Agreement: and, understand it have had.the. opportUnity to. obtain .legal advice. and ahe.assistance;of counsel'. _;.. throughout the negotiation of this Agreement, and enter into the Barrie freely, voluntarily, and without any duress,- undue.influence'or.coercion. .. IN 1NITNESS.WHEREOF; the parties:hereto-have made and:executed-this Agreement'as follows: ARTIST DEVELOPMENT CORPORATION Dianna,Davis. ("ADC!') ("Performer!) By: By: Blair Clark, resident Authorized Signature Date: 2-14-20.18 Dianna_Davis Printed Name Musician. . Title . FID/TIN: Last Four. of SSN if Sole Proprietor: 4470 Date: 2/.1:5/18 If Minor: represent, as parent or guardian of the Performer„we shall both be bdund by theterms of this Performance Agreement. Signature of Parent of Guardian - Printed Name Date: 3 . -. arti-st do -elop meet company _ . PERFORMANCE AGREEMENT Second Saturday Gallery Walk This Performance Agreement(the'`Agreement.'), which shall be effective as of-the date itis last signed by.a party.hereto. (the"Effect'. Date°), is now entered info by and between Artist Development Corpo a ion "ADC ;and an individua .or entityauthorized to do business_inthe State of Indiana and with offices located at _ i f 1 l F F-W ., . (address-of the"Performer'). 1, Performance-.The Performer shall rovide the following live entertainment: olI Joe on arch 10 Jun Au s 11 OA (the"Performance Date"),-5 P.M.to 9 P.M. at, •armel Arts& esian Distri - r I Indi n (the."Venue"). The Performer shall provide all equipment necessary or desirable for the Performance, except that ADC shall provide: Non 2. Payment. ADC shall pay to the Performer:the total.sum of -200 eac erfor mange 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 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 chargeadmission.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 Performershall retain all proceeds therefrom without contribution to ADC. 5.. Relationship. The Performer is not, and shall not.be considered for any purposeijo be, the employee of ADC or the City of CarmdL 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. 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 isnot in the public.domain and that will be part of the. Performance, and hereby agrees to. indemnify and: hold harmless ADC; and ADGs'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'sperfoemance of its obligations under this Agreement; and all relevant.provisions-thereof are,incorporated,herein.by this,reference. The Performer agrees to indemnifyand: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 contractorsshall 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 certifes.that itdoes not engage in investment activities within.the Country of-flran 14. E-Verify. Pursuant to I.C. §.22=5-1.7, et seg, 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 theparty 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 actor 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.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:condiition. 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. enterinto:the same-freely, voluntarily, and without any duress, undue influence or.coercion. . IN WITNESS WHEREOF, theparties hereto have made and executed this Agreement as follows: ARTIST DEVELOPMENT CORPORATION. Molly Jones ("ADC,') (``Performer") ay:. By:. 4 � ':Blair.Clark, President Autho z Si g. Date: 2-9-2018. . I-V -e S Printed Name - Title.. i FID/TIN: Last Four of_SSU if Sole.Proprietor: . Date:. I If Minor: 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 VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) Vendor# 371270 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER ARTISTS DEVELOPMENT COMPANY LLC IN SUM OF$ CITY OF CARMEL 324 W. MAIN STREET An invoice or bill to be properly itemized must show:kind of service,where performed,dates service rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. CARMEL, IN 46032 Payee $300.00 ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Dept of Community Service 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 201803 43-509.00 $300.00 1 hereby certify that the attached invoice(s), or 2/14/18 201803 Harpist for BZA Meeting at Palladium on $300.00 1192 101 1192 101 February 26,2018 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 Thursday, March 01, 2018 Mike Hollibaugh Director 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 INVOICE Invoice ID: 201803 Issue Date: February 14, 2018 Artists Development Company Subject: Harpist for Monday, February 26, 2018 324 W Main St,Carmel,IN 46032 317-539-3131 info@artistdevelopmentcompany.com For: Kayla Arnold, The City of Carmel ITEM DESCRIPTION Date NAME AMOUNT TYPE Service Palladium Harpist Monday, Molly Jones $300 February 26 Total: $300 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 an individual or entity authorized to do business in the State of Indiana and with offices located at12 Harmon Rd. Garmel IN 4603 (address of the"Performer"). 1. Performance.The Performer shall provide the following live entertainment: MOIL Jones Har on Monda Fetarua 2E(the"Performance Date"), Phi M.to 6+15 P.M. at, fie Paladiu� (the"Venue"). The Performer shall provide all equipment necessary or desirable for the Performance, except that ADC shall provide: m 2. Payment.ADC shall pay to the Performer the total sum of M 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. 6. 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 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 Molly Jones ("ADC') ("Performer") By: By: Blair Clark, President Authorized Signature Date: 2-20-2018 Printed Name Title FID/TIN: Last Four of SSN if Sole Proprietor: 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 ` Paladium�lgreement Molly Jones Febivary2Gpdf AdobeAQobaT t File Edit view Document- Cbltiments Foirns ToolsAdvanced, Window Help ' Create,-, Combine Q Collaborate- Secure-- Sign- 0,Porins'• Commerit- ' •0. `i�: ✓"f 3_1/3 Find r 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 orwritten 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 warrantthatthey 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 Molly Jones ("ADC') ('Performer) By: By. Blair Clark,President Auth ed Si Date: 2-20-2018 cr e s Printed am Harp I S'- Title FID1TIN: Q Last Four of SSN if Sale Proprietor:rJ Date:_glbla If Minor I represent,as parent or guardian of the Performer,we shag both be bound by the terms of this Performance Agreement Signature of Parent of Guardian