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Home My WebLink About325258 05/15/18 ' CAq CITY OF CARMEL, INDIANA VENDOR: 371270 ® el ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY LLCHECK AMOUNT: $****"**600.00* . " CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 325258 9r��oN CARMEL IN 46032 CHECK DATE: 05/15/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359003 101251 201803A 600.00 BOOKING ENTERTAINMENT VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) Vendor# 371270 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER ARTISTS DEVELOPMENT COMPANY IN SUM OF$ 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 $1,200.00 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 201803 43-590.03 $1,200.00 1 hereby certify that the attached invoice(s),or 5/1/18 201803 $1,200.00 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, May 08,2018 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_ Issue:-Date: May 1; 2018 ; ` low P met y Main pyn J A Due Date: June 2, 2018 .324.W t,Carmel,I N 46D 3 2 . 31.7-539-3131 Subject: Entertainment Bookings for Jazz on the.Monon : ;,,eo@artistaeveiopcnentcoinpany.coim For: The City of Carmel ITEM DESCRIPTION Date NAME - - AMOUNT TYPE Service. Bookings 'Saturday 'Monika.Herzig $600 Entertainment=- Jun 2nd Jazz on. he Monon 6-9 Service: Contracted_ Saturday Main Street Jazz $600 Entertainment: Jun16th -. band. Jazz on:the Monon .6-9 - . TAL D 1 Y O$�.,20,0: bk p .4V.y� 1 f d C o Oa.V ._ �aeje`n .:gyme►:� cc m .ave 4 .� artis de' ve op 'men 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.betweeri Artist-Development-Corporatioii.("ADC".),:and-Monica.Heezi an individual or entity.authorized.to do:business in the State of-Indiana and with offices located 3375 OId Meyers Rd:: Bloomington, IN 47408(the.address of the"Perrormer"). . 1. Performance:The---Performer shall provide the following live;entertainment: on' a 'i (the"Performance")on.June: 2; 201_8.,.(the-'Performance Date"), from P.M: to.9:00 RM.At Carmel Arts & Design District; Carmel, Indiana (the "Venue"): The Performer shall provide all equipment necessary or desirable for the Performance;except thatADC shall provide:None. 2: Payment.ADC shall to the Performer.the.sum of-$600:00 the .Pa enY u on, a ment:to.ADC b thEi.:City. of Carmel, Indiana ("City of,Carrnel");_typically within forty-five (45) days of the PerforMance.Date,which payment shall coristitute all monies due and owing to the Performer from ADC for or related to the,Performance: 3. Non-Perforrriance:.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 ofthe Payment.sum as specified in-Paragraph 2- hereinabove: If the Performance:is hot id by the.Perforr►ier as specified in Paragraph 1 hereinabove,the-Performer shall-pay to:ADC.one-halfof 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 of the Performance location, and the Performer shall retain all--proceeds therefrom-without- contribution to ADC: 5: Relationship.Thea 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 attoreys, 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 frorhi any actions of,the Performer arid/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 ADGsponsored or-ADC-related events..The License shall survive the:termination of.this Agreement. T. 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 - (iricluding; without limitation;:reasonable attomeys'fees and court.costs)that result from the Performance or the breach of this Agreement by Performer: a. Assignment.The Performershall,riot assign this Agreement or any of its.obligations:hereunder. 9: : Copyright Permissibri.The..Perfoimer hereby agrees.to.obtain alf 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* Pertormance;..and :hereby agrees ao .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 frorn 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. Agre:ernent; 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-6f.-such laws; orders; rules, regulations and codes:The Performer further agrees to comply with-all-lawful orders of ADC:w'ith_regards to.: or.related to the' Performance.. 11. .Nondiscrimination.; The.Performer represents.and warrants that:it and all of itsofficers; 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 MIN performance of the Performer's obligations-under:this Agreement:with:respect toaheirhire,-tenure, terms;conditions and privileges-.of employment.and. any other matter:r.elated.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 ihe. . 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 ofiran..: 14. E-Verify. Pursuant to I:C..§2275-1:7, easthe same may be amended from time to-time.and as:is incorporated herein by this. reference, the Performer hMreby: 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 Agreernent or,any.obligation:under this.Agreement is prevented;restricted, or;: interfered with r.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.militaryor civil. . authority;.or;by national emergencies; insurrections, riots,or:wars. The excused party shall:use reasonable efforts under - 2 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 ifcommitted,omitted,or paused.by such party,or its-employees,officers,.agents,or affiliates: 16; Miscellaneous.;The- indemnities set forth In this Agreement-shall survive the terminatiion of this Agreement: The invalidity or unenforceability of any,terni:orcondition of th(s 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. Monica HerAg- ("Pertormet") By: By: Blair.Clark, President Authorized.Signature Date: .. Printed Named. Title FID/TIN: Last Four of.SSN-if Sole Proprietor. �7 Date: L If Minor: represent,.as patentor guardian of.the Performer, we shall both be bound .by the terms`of.this Performance- Agreement. 3 crust Ae pmen . company ' . PERFORMANCE:AGREEMENT . :This Performance.Agreement (the"Agreemen0,which shall be:.effectiive-as:of the date it.is last.signed by a party hereto. (the "Effective Pate"),-is now:entered into by and between-Artist Development Corporation(.ADC"), and aim ffla jr n an.individual or entity authorized:to.do business.in.the State of.lndiana.and with offices located . 25x7 e ay. Gar� el N 46033(the address of the"Performer"): 1: Performance:The.Performer shall provide:the following live.entertainment: ain treat J Bim (the°Performance") on une 16th 2018 (the""Performance Date"), from ;00_P.M._tO.9EQ0•Pe, at mar el A s & +es' m +is Carmel; Indiana (the "Venue"). The Performer shall provide all-6quipment necessary or desirable for the Rerformance;.except-that ADC shall provide:-Non 2.-, -. Payment:.ADC shall'pay to the Performer the.sum of 600.0. (the:"Payment")upon payrrient to ADC byahe.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 Peiforrriance 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.Payrnent.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 Vithout contribution to ADC. 5..: Relationship.-The Performer is not; and shall notbe considered.for any purpose to be,the employee.ofADC 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'sofficers, 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, orptherwise by any agent, employee; or contractor of the Performer Or'fro.m any actions.of'the Performer and/or the Performer's agents, employees; 'or contractors r-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 inadvertising or.rh.arketing 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,,judgrhents, 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. erformer: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 cr other works.that,isnot in the 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 complywith 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-frorn 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 wiith.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 iin..the performance of-the-Performer's- obligations under-this-A9rei-,mebt 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 Indiiana, except.for its;coriflict of laws:provisions. l'he parties agreeahat;,in the event:a lawsuit is fled hereuntler, they waive:their righit to a:jury trial;.agree.to..file any such lawsuit in an.appropriate.courtin Hamilton County-India na only, .. and agree thatauch court is the appropriate venue for and has jurisdiction over the same. 13. Iran Certification. Pursuant to I.C. §:542-16.5, the Performer hereby certifies that:it does not engage in investment .. activities within the Countryof Iran. 14. E-Verify;. Pursuant to LC:.§ 22-5=1.7; et sea:; as the same maybe amended-from time to time, and as is incorporated herein by this reference, the Performer-hereby certifies that, to the -extent.-the Performerhas 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 2 the circumstances to avoidor 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 a if;committed omitted or caused b such a party y p rty; or its employees;officers,agents,_or affiliates: 16. Miscellaneous. The indemnities set forth in this:Agreement Shall survive the 'termination .of tflis- Agreement. The invalidity or.unenforceability of any term or condition of this Agreement shall not affeat'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 betWee..n 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 paty,which they represent, The parties warrant that they have read this Agreement and understand. . R, :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 follow a ARTIST DEVELOPMENT CORPORATION Main Street JIM Band °ADC" ("Performer") By: By: Blair Clark, President : . Authorized Signature V V` Printed Name Title FID/TIN:. Last Four of SSN if Sole.Proprietor 1 Date: If Minor: I-represent, as parent or guardian of the Performer, we shall :both. be bound by the terms of this Performance Agreement: . 3 Sign re of Parent of Guardian n . l-f lC:. C�V �L Printed Name Pate, CITY OF CARMEL, INDIANA VENDOR: 371270 V; 4( ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY LLI§HECK AMOUNT: $*'*****600.00" CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 325257 CARMEL IN 46032 CHECK DATE: 05/15/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER'' AMOUNT DESCRIPTION 1203 4359003 101251 201803 600.00 BOOKING ENTERTAINMENT