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Home My WebLink About327131 07/10/18 (9, CITY OF CARMEL, INDIANA VENDOR: 371270 ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY CHECK AMOUNT: $'`""`""600.00" CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 327131 CARMEL IN 46032 CHECK DATE: ;07/10/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359003 101251 201809-J 600.00 BOOKING ENTERTAINMENT VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) Vendor# 371270 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER ARTISTS DEVELOPMENT COMPANY IN SUM OF$ 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 hour;,rate per hour,number of units,price per unit,etc. CARMEL, IN 46032 Payee $600.00 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 201809-J 43-590.03 $600.00 1 hereby certify that the attached invoice(s),or 6/25/18 201809-J $600.00 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 Monday,July 02,2018 Heck, Nancy Director I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and 1 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: 2018097J Issue:.Date: June 25, 2018.. : .. Artists Development Company Due Date: August 4, 2018 324.W Main St,Carmel,IN 46032 Subject:,Entertainment Bookings for August 317-B9-`3131info@artistdevelopmentcompany.com .. For: The City of:Carmel. ITEM DESCRIPTIONS Date NAME AMOUNT -TYPE -Service Contracted: Saturday, 'Slammer.Jazz: - $600 Entertainment August 4 Jazz on.the Monon TOTAL DUE $600:00 - 01c" :tD 1 artis dev el opmen . Company , PERFORMANCE AGREEMENT.. This Perforinance Agreement (the"Agreement'),which shall be.effective'as.of the date it is last signed by a.party hereto: (the"Effective Date")JA now entered into by and between Artist Development CorporationCADC"),and Slammer-Jazz, an, individual or entity authorized to.do business in the State of Indiana and With:offices located 842 Dese Wind Ctj'Carme IN 46032(the address.of the"Performer")' 1. Performance: The.'Perforriie ':shall provide-the following_live-entertainment: Stammer:j= (the "Performance") on. August 4, 2018-,(the "Performance:Date");,fr6m-&00n to:9:U0 PiM, at-Carmel Adg&Design District,Carmel, Indiana. (the."Venue".).:The:Performer shall provide.all:equipment necessaryor:desirable for the Performance, except that.ADC shall provide: None. 2; Payment:ADC shall pay,to the.Performer the sum of. 00 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 payto-ADC one-half of:the Payment-sum-asspecified 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 forany 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's :Officers, officials employees, agents,, and attorneys;.from 'and: against all claims, .suits, ..judgments; .liabilities, losses,:costs,: and expenses,*(including, .without aimitation, :reasonable attomeys' fees.and court ,. costs) that result from any claim for wages, benefts, or=othenNise by any agent,;employee,or contractor ofahe:Performer or from :any.actions of the Performer and/or the Performer's agents, employees,: or:contractors.at or regarding the Performance: 6. : - L icense..The Performer--hereby grants to ADC and..the City of GarmeI a-license(the "License")to photograph; Video record,:or.otfiervuise 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:riiarketing.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:lirnitation,-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.publicdomain and thatwill: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.limitatiori,-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 Perforrrier'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. ernployee,.applicant for employment, or other:person.in:the performance-of the Perforrrrer'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. 72: 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 jurytrial,agree to file.any such lawsuit in an appropriate court in Hamilton.County,lndiana only, . and agree that such court is.the appropriate venue.for and has.jurisdiction:over the same.. 93:_lran'Cer>ifiaation:,P_ursuant to IC. 5-22-16;5; the.Performer hereby certifies that if_does::not,engage in investment activities within the Country of.lran. 14. E-Verify: Pursuant to:LC. § 22=5-1.7; et sea:;as the same..maybe.amendedfrom.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:i5;:participating inthe_E-verify. program and does-not knowingly .employ.any-:unauthorized aliens.:Should the.Performer.violate Indiana's.E-Verify law, the-City may.terminate chis: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 ("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 t6.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.'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 partyiif 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 invalidity or.unenforceability bf any term or condition of this Agreement shall not affect the other terms.and:conditions,-and this Agreement.shall:be construed An.all respects as if such invalid or.urienforceable term or condition. had.not been .- contained herein. This Agreement constitutes the entireagreement between,the Performer acid ADC with.respect to.the, Object matter hereof; and s.uperse.desl 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 theparty.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_ Stammer Jazz ("ADC.) ("Performer') 13y: By: Blair Clark,:President ... Authorized Signature = .. . ---{^'ILL , / da . �J , .!/A.iV Printed Name. Title - FID /TIN:. Last Four of SSN if Sole Proprietor: Date: . . If Minor: represent,.as parent or guardian of the Performer;.We shall both. be:bound by the terms of this Performance. Agreement. . 3