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Home My WebLink About324674 04/30/2018 CITY OF CARMEL, INDIANA VENDOR:. 3712:70 \; d ONE CIVIC SQUARE ARTISTS.DEVELOPMENT COMPANY LL(;HECK AMOUNT: $....*2,000.00' CARMEL, INDIANA 46032 324 W.'MAAN STREET CHECK NUMBER: 324674 CARMEL IN 46032 CHECK DATE: 04/30/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359003 101251 201805-A 2,000.00 BOOKING ENTERTAINMENT 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 $2,000.00 ON ACCOUNT OF APPROPRIATION FOR Purchase Order# 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 101251 201805 43-590.03 $2,000.00 1 hereby certify that the attached invoice(s),or 4/20/18 201805 $2,000.00 1203 101 1203 101 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 Tuesday,April 24,2018 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:201805: Issue:Date: April. 20;2018 Artists Developmenf Company . Due-Date: may.1.4, 2018 324 W Main St,Carmel,IN 46032 317-539=3131 Subject: Entertainment Bookings for May info@artistdevelopmentcompany.com For: The City.of:Carmel -ITEM DESCRIPTION- Date =NAME AMOUNT TYPE Service Entertainment May, 12, :Artist-Development.. $100.0.00 Bookings April, 25;2018 Company 2018- Seat Service: :Contracted Saturday; Diana:Davis -$200: : : Entertainment - May, 12 Gallery:Walk: 2018. Service Contracted Saturday; Maim street Jazz- : .. $300 Entertainment- May 12 Band Gallery Walk -Service Contacted Saturday, Casey Harshbarger $160 Entertainment- May 12 Gallery Walk TOTAL DUE .$3,650.00. 1 - Of. .......... eve,op PERFORMANCEAGREEMENT 7iii5 Pertormar)ce Agreement (the"Agreement`), which shall be effectivejas of'the date t is,last-slyr ed by a party hereto ('the"Efecltve gate") is naw entered into byanil between-,rtrst Development Corporacion ("ADC ) and Lennon Wheel:an w090 1` entity authornzed to ¢G business;in the Stat of indiana and wtth offices 1,o0ted at 56` 1 Forest Rrse Ct: Indiaiianolis:INA6-03(address;of itis Perfar'm 1.Performance.The l�erformcr shall provide then ftallowiny live:entertarnmenl A rron tN ,Q� ll a e N rt ort Man(tt e Performance")on Fndav Mav+25 ?t)i18{the` Pedormance:sQale ) :9 P MLfo 12 A?M at Carmel Arts&f]esryn Distract fNa�r Street, Carmel Indrana'(the Venue'):The Pe rformer.shall,provrde alfequipment necessary or desirable for the` Performance exc601h'at AD0.shall provide:Nene. °2.: Payment AD;C shall;pay to the ;Perforrrrer the surra of X0o(the Paynient 1,ufion payment-to ADC by the City of Carmel, Indiana ( City or Carrhel)i typtcallyvithin fpOy-live 00,da, the.Performance Date, which payment shall constrtule all mo'nees due endowing to,the Performer from:ADC for or related to the Performance. 3. Non-Performance: If#tie Nriormance is cancelled by ADG.ataleasF,therly(3.0).da...ys prior to the Performance Date ADC owes no amount to Performer. li the Performsnce Is cancelled, less Chari thirty (3`0} days before the Rerformance Date then ADC shall.pay to llie Performer tte full bmours!of the Payrnentsum:as specified en:-Paragraph 2 herernatiove If the Performance is neit ploy ded by the Performer:as specfied.iii Paragraph 1 hereinabove,the Performer shall pay-to ApC oris=Half of#fie Payment tim as specified-in 13ar6i raph 2 hereinabove. 4., Sales: Neither" ADC nor. the Pcrf*rershall sell tickets or charge: admission to the Performance., ori ahs Performance Date, the Performer may,. in con ormance with the laws, rules, and regulations of the Venue, sell Ah e Perforrriers.�mer'dhandise al 'the'Performance location, and the Ferfornier shall retain all proceeds iherefrorii without conte bO,lion to ADC. S. Relationship:The Perferener is not,.and shall not:bd.gonsidered fmany.purpose to be,the employee v ADC or :ihie City of Carmel. The Perfarmer`hereby agreers to indemnify and hold harmless ADC and the City of Carmel, and ADC and• the City, of Co armers fficers, officials; .employees, .agents, and attorneys, from and against all clairns. snits, judgniehts, liabilities, losses, costs, and %- .pcinses (including;_.without limitation. reasonable attorneys' fees.,and court costs)that result from any claim for wages. benefits, or otherwise by any agent,_erhployee, or contractor of the Performer or from,.any actions of-the Performer anchor the Performer's agents, employees, or contractors at or regarding. the Performance , 6. Ucerree.The Perfommer 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 Peri imence.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 Ucense shall survive the termination of this Agreement. T. indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers, officials, fees, agents, and attorneys from and against ail claims,subs,judgments, liabilities, losses, costs, and expenses (including,without timitetion,reasonable attorneys'fees and court costs)that result from the Performance or the breach of this Agreement by Performer. S. Assignment.The Per lbrow shall not assign this Agreement or any of its obligations hereunder. 0. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI.ASCAP. SESAC, or directly iron the copyright holder(s)of all songs or other works that is not in the public domain and that will be part of the Perrormance. and hereby agrees to indemnify and hold harmless ADC. and ADC's officers, officials, emplalrees, agents. and attorneys. from and against all claims.subs,judgments, liabilities, losses, costs. and expenses (Including,without limitation.reasonable attomeys'fees and court caste)that result from the Performer's failure to obtain such permissions. 10. Compliance with Law, Lawful Orders. The Performer agrees to comply with al 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 Indemnity and hold harmless ADC from any loss.damage and/or liability resulting from any such violation of such laws, onus. 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 Performer shall provide ADC, not later than ten(10)days prior to the Performance,written evidence of Performer's coverage byinsurance of the types and in the minimum amounts specified below: a.Commercial General Uabflityy:(Minimum Umlts) 1. General Aggregate(81.PD) $2,000.000 2. Products.Completed Operations Aggregate $1,000.000 & Personal and Advertift Injury $1.000,000 4. Each Occurrence $1,000,000 However, if such insurance is written on a cdalms-made form following termination of this aWeemerd, coverage shoo survive for a period no less than fire 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. d.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 rebating to the Performance. All certificatee shall speoify 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 Performer. 12 Nondbacrlrrdnation. 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, Ir diens prohibiting 2 discrimination against any employee, applicant for employment, or other person in the perforrnance 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,coor, am, handicap, national origin,ancestry,age,disabled veteran status srWW Vietnam we veteran status. 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 bled hereunder. they waive their right to a jury trial,agree to the 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 Certflca*m.Pursuant to I.C. §5-22-16.5,the Perforrrr rer hereby certifies that It does not engage in investment activities within the Country of Iran. 16.E Verify.Pursuant to I.C.§22-6-1.7,at mg,as the same may be amended frorn 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 participe ft in the E verify program and does not knowingly employ any unauthorized Wiens. Should the Performer violate Indiane'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 CIForce Majeure"), and if the party unable to carry out He 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 tern Force Majeure shell include, without OmitWkw% acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or ads of military or CM authority, or by national emergencies, insurrections, rots, or were.The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-perbmmance and shall proceed to pwfam with reasonable dispatch whenever such causes are removed or ceased. An ad 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 afls. 17. Mtasretlaneous. The indemnities set forth In this Agreement shall survive the tenninstion of this AgreemenL The invddky or uneMorceabiiity of any term or condition of this Agreement shall not affect the other terns and conditions,and this Agreement strati be construed in all respects as if such invalid or unenforceable tern or condition had not been contained herein.This Agreement constitutes the entire agreement between the Performer and AOC with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements ring same. This Agreemment 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 hind the party which they represent The parties warrant that they have read this Agreement and understand ft. have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this Agreement.amd enter into the same freely,voluntarily,and without any duress,undue Influence or coercion. IN V TNESS WHEREOF,the parties hereto have made and executed this Agreement as fb1WAW ARTIST DEVELOPMENT CORPORATION Lann Wheel CADC') rpertomen BY By: AAA 3 Blair Clark, President Authorized Signature Date: 241018 Print Name Tide ®r„/dr�✓ FIDMN: q&,,o S&`ay Last Four of SSN if Sole Proprietor: Date: q 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: 4