HomeMy WebLinkAbout324674 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
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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:
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