The URL can be used to link to this page

Home My WebLink About328231 07/31/18 (9, CITY OF CARMEL, INDIANA VENDOR: 371270 ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY CHECK AMOUNT: $*****3,500.00* 324 W.MAIN STREET CHECK NUMBER: 328231 CARMEL, INDIANA 46032 CARMEL IN 46032 CHECK DATE: 07/31/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359003 101251 201812L 3,500.00 BOOKING ENTERTAINMENT VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) Vendor# 371270 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER ARTISTS DEVELOPMENT COMPANY IN SUM OF$ 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 $3,500.00 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 201812-L 43-590.03 $3,500.00 1 hereby certify that the attached invoice(s),or 7/13/18 201812-L $3,500.00 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,July 24,2018 'Y. 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:.2018.12=L Issue:.Date: July'!3, 2018 .: Artists Development Company er 1; 2018 .W Main St,Carmel,IN 4'6032 Due Date: Septem6 3z4 Subject: Entertainment Bookie s for August 317-5 9=3i3i . g g info@artistdevelop;rientcoinpany.coin For: The.City,of:Carmel. ITEM DESCRIPTION" Date NAME AMOUNT TYPE " "Service :. Contracted :Saturday, J Jennie DeVoe $3,500. Entertainment= August 18 Late Night on Main TO TAL D.0 E. $3;500 �K- rti - st ewe ►p m' " e in ccampany 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:andbetween Artist_Development Corporation ("ADC°), and Jennie eVoe an. individual.;or'entity authorized to-do.business:in-the State of Indiana and with offices located at (address of the"Pertormer"},. - 1 Pertormance.The,Performer shall.provide.the following,live entertainment: Fun.Factor Band at Late Night on Main(thee °Performance")on Saturday.Augget 18.20,18(the°PecFormance Date°); 9�P 'M�to 1 ASM at Ca, el _ 8� PIE n et.:Carmel; Indiana(the"Venue!').-The Pertormer'shall provide:all equipment necessary - desirable for the Performance, except that ADC.shall provide: :on. 2. Payment..ADC shall pay:to the Pertormer the sumof 0(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: cpnstitute 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 specifed in Paragraph 2 hereinabove.:If the-:Performance-is-not provided by-the.Pertormer.as specified-in Paragraph 1_hereinabove,the Performer shall:payto ADC one-half of the Paymentsum 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, cell-.the Performer's merchandise at.the Performance location_, and-the Performer shall retain all proceeds therefrom without. contribution to AD.C. 5. R,elationship. The Performer is not,.and-shall not.be considered for any purpose to be;.the employee:of ADC or . the City ofd 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.PerFomier 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 I'icense:(the."License"). o photograph;._ :video record, .or:otherwise.depict; in, on,'or through any medium (whether prin#, -digital; .or other. media format); the Performer and the Performance, for use by_'ADC and ihe'City. of:Carmel in adyertising'or:niarketing.ADC; the Venue, the City:of Carmel; the:Carmel Arts and Design District,.and%r: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, ernployees; agents, and attorneys from and against.all claims,:suits,jud menfs, liabilities, losses; costs; and expenses (including, without limitation,.reasonable attorneys'fees and court costs)that result from:the Performance or the breach of this Agre.meft by Performer.: 8.. . Assignment:.The.Performer shall.notassignthis.Agreementor.anyof_its:obligationsher'eundec 9.. Copyright Permission. The Performer 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 is ihot.in the public domain and that.will be partof the Performance;,' and hereby .agrees to indemnify and',hold harmless:ADC; and:.ADC's officers, officials; employees,.agents,,and attomeyp, froth:and.against:all:claims;.suits, judgments, liabilities, losses, costs, and expenses-. - (including,:without limitation; reasonable.attorneys':fees and.court:costsj that result from the Performer's-failure t, obtain .such permissions. . 10.Zompliance::with :Law; Lawful Orders. The Performer agrees-tocomply with, all federal,. state and local laws, ,.: executive; orders; Hiles; regulations.and codes applicable to the Performer's performance of:ifs obligations,under.this Agreement, and all relevant, provisions thereof are incorporated herein by. this reference. The:Pf r r.me'r.agrees to indemnify;and,hold harmless ADC from any Joss,.-damage.and/or liability 'suiting from any such violation of such laws; orders; rules,.regulations and codes. The Performer further agrees to comply with all lawful orders of ADCwith regards to or relatedto the Performance. 11;Insurance. The Performer shall provide ADC; not aaterthan ten (10)days prior to the:Performance,written evidence- .of Performer's coverage-by insurance of the-types and in the minimum amounts specifed below: a..Commercial General Liability::(Minimum:Limits) .1;;.-.GeneraLA99regate:(BI; PD): $2,000,000 .2.::. Products, Completed Operations.Aggregate : $1;000;000 3.: Personal:and.Advertising Injury $1000;000 4. . Each Occurrence`: $1,000,000 However; ;if.such.insurance is written:on.a.claims-made form -following termination:of this.agreement; coverage shall survive.for period no.less than five 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 mayreasonably be required by the mutual consent of ADC and Performer against such-other insurable hazards'relating to the Performance.. All certificates.shall specify 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;.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 :. 2 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, agei disabled veteran status-and/or M_etnam era veteran.status: 13. Governing Law; Lawsuits. This Agreement is to. be construed in accordance with:and governed by'the laws-o f the State of Indiana,.except for its:conflict.of laws provisions. The parties agree.that, in.the event a lawsuit is fled hereunder, they waive their right to.:a jury trial; agree to file_any such lawsuit in an.appropriate court I' Hamilton:County, Indiana only;. and.agree that such court is the appropriate venue for and.has jurisdiction over the. ame.' 14:Iran Certificatign..Pursuant to I:C. § 5=22-16.5; the,Performer hereby certifies that it:does.not-engage in investment activities within the: ountry.of Iran:. 15. E-Verify.Pursuant to.i.0 § 22=5.4.7, et sea- as thesame.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 Ewerify 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; 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:' prompt written notice of such ,event; then the'obligations:of the party invoking.this. provision'ahall. b. .suispended to the.extent.necessaryby; 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 auth.0 i y,.;or.by national emergencies, insurrections, riots, or wars. The excused:party ahall use reasonable efforts under. the.circumstances to avoid or remove such. causes of hon-performance and shall:proceed to perform.with,reasonable. dispatch whenever such causes are:removed or ceased.. Ain 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;oraffiliates . 17.-Miscellaneous. The indemnities set.forth in this Agreement shall sI .urvivd the..te.rrriination of this. Agreement: The invalidity or unenforceabilityof any term orcondition 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-unenforceableterm 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 aq.reements regarding same. This Agreement.may .only be.modified:-by written amendment executed by both paities.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 warrantahat they-have read this Ameeementand uriderstand it, .have _had the opportunity to obtain:legal..advice. and the assistance of counsel throughout the negotiation of this Agreement, and enter into the.same1reely, voluntarily,and without any.duress; undue influence or coercion: IN WITNESS.WHEREOF,the arties�hereto have-made and.-executed this A reein p, g ent as follows: ARTIST DEVELOPMENT CORPORATION . envie l)eVoe-. ("ADC").. .,Performer") By: gy 3 Blair Clark; President Authorized Signa e Date:. 2-9-2018 �J1 v. Printed Name - : . Title: FI LastFour:of-�SSN if.Sole Proprietor: f � R ~Date. If Minor: .- 1. 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: