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HomeMy WebLinkAbout330371 09/25/18 (9, CITY OF CARMEL, INDIANA VENDOR: 371270 ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY CHECKAMOUNT: S*****3,500.00* CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 330371 CARMEL IN 46032 CHECK DATE: 09/25/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 854 4359025 101472 2018013 3,500.00 ENTERTAINMENT BOOKING 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 LLC 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 Purchase Order# ON ACCOUNT OF APPROPRIATION FOR 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 101472 2018013 43-590.25 $3,500.00 1 hereby certify that the attached invoice(s),or 9/14/18 2018013 $3,500.00 1203 854 1203 854 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, September 18,2018 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,:I D:.2018013. Issue Date: September.14,'201.8 . Ardsts opment Company Due-Date: October 5, 2018 n st,.carmel;IN 46032 3 24 UV Main 1 31 Sulj&t: fntertainment'Bookin s for LNOM 3 539 3 co g info irtistdevelopmentcompany.com For: The City_of:Carmel. . ITEM DESCRIPTION. Date NAME.. AMO.UNT.... TYPE - Service. . Late Night on Main.: Friday; ..: Endless Summer $3,500. October,5: Band TOTAL DUE . $3;500.00 U 1 _.artist,. eve oilment: company PERFORMANCE AGREEMENT. This Performance Agreementt(the."Agreement°),.which shall be effective as of the date.it is last signed by a party.hereto. the"Eff�Date now_ entered into by;and between Artist,Development ("ADC°);and.. =m l an individual or.enti authorized to'-do.business in the Stateofand.iana:and with offices.located at x l i n li IN 4 2 address of the"Performer° . 1:Performance:The Performer.shall provide the following live-enteitainment::Fun.Factor Band at Late Night on Main the "P.erformance°)on arida ctober 5 0.1. {the-"Performance Date°);. P.M.to 12 A. , at el Arts&De i n Dist c an Str et, Carmel;Indiana_M6"Venue°).The-Performer shall.provide,all.equipment necessary or:desirable:for the Performance, except that ADC shall provider on . 2:: : .Payment:.ADC.shalf.pay to the.Performer the sum.of 3 50 .(th.e°Payment°):upon payment to ADC by the:City of Carmel; Indiana ("City.of Carmel." i6 within forty-five(45) days of the Performarice: .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 leastthirty'(30).days prior.to the Performance Date, ADC owes no -amount. to. Performer: If-:the Performance is cancelled -Jess than thirty: .(3-0) days: before.the, Performance Date, then=ADC shall:pay to-the Performer thefull amount of the Payment s; m.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'ParagrapK 2 hereinabove.: . = 4; Sales not-_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.for:any purpose to be;the.employee of ADC or the City of Carmel.' The Performer hereby agrees,fo,indemnify and hold harmless ADC.and the City pf: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.expori, -(including;. without limitation; :reasonable attorneys'-fees and court costs):that result from:any claim for wages, its, or.otherwise-by any agent, employee,or contractor.of the Performer 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.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 advertisingormarketing 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 offcers,.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 Performance or the breach of this Agreement.by.Performer. .8. Assignment.The_Performer shall'not assign this Agreement oranyof 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 public 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 courtcosts) 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 favus; executive orders; 'rules, :regulations, and codes applicable to the Performer's'.performance-of.its.obligations under this . Agreement;: and all relevant proyisions'.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.wiolation 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. Insurance. The Performer shall provide ADC, not'later than ten (10)days prior to.the Performance;written evidence Of Performer's coverage by insurance:of the.�types�and in the minimum:amounts specified below: a.:Commercial General Liability: (Minimum Limits) 1. . General Aggregate(BI; PD) $2,000,000' 2. Products, Completed operations Aggregate $1,000,000. 3: Personal-and Advertisin In'u $1,000,000, g: J ry. 4. . Each Occurrence . $1,000,000..- However; f. such. insurance is written on a'claims-made.form following termination:'of'this agreement; coverage shall - surviye for a period no less.than.fiveyears..Coverage.shall also provide fora retroactive date of placement coinciding with the effective date of this agreement. - b: Business Auto Liabilityfor.QwnedScheduled, 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 arrmounts.as from time to time may-reasonably-be required,by the mutual consent of ADC and Performeragainst 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 empioyment.- or other person.in the performance of the Performer`s: :obligations.under.this Agreement_:with.respect to theirbire;,tenure;terms, conditions and'priviteges 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. 93.G:averning Law; lawsuits.This Agreement is.to lie construed in accordance%vith-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:tiled 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. 74�. 1ran.Certlflcation. PursuanttA 1.C. 5-22-16:5, the -Performer hereby'.oertifes that it does not_engage ininvestment activities Withinthe Country.of Iran. 15,:E VeNfy. Pursuant to..I.C. § 22-5=7,?,.et se : as the s_ e m be a' .ended from tinmetp:time;and.as is Inco —:a• ay rporated herein by"this.reference, tlie;Perforrrier.Hereby certifies:that;.to the extent the Performer:has any employees, ,the -Performer has.enrolled and is,paiticipating in the E.-ver°fy..program and doesriot kno*ingly,Employ any tinau#horiaed aliens, Should:the Perform& violate Indiana's E-Verify:lain,'tho City. may terminate Ws Agreement in.accordance_.tiyith. therewith. 16. Force;htlajeure.If performance of.-this Agreement.cr any obligation under this Agrebment-is prevented,restricted, or. - Interfered with by causes beyond either party's reasonable control (°Fore�e Majeure"), and.if the party.unable to carry out. . . its obli ations ives the other a 'prompt viritten.notice of such event then_the obligations the a invokin 'this: . 9 9. P p. P 9. p arty 8 provision shaill be suspended to the extent necessary iiy; such event. The.term:Force.Majeure shall include;..vrithout limitation, acts of God, fire; explosi®n, vandalism, storm or other sihiilar occurrences;,orders or acts of military Gt civil . authority, or by national emergencies, insurrections,:riots;or wars. The excused party steall use reasonable efforts under the circumstances to avoid.or remove:such'causes-of non-performance and shall proceed;to perforin With reasonable dispatch. whenever such causes are removed:or ceased:..An.act-or.omission shall tie deemed within the reasonable . control of:a party if committed,Omitted,or caused by such paity,.orits employees,officers,-agents,or afffates. :17. Misc ' laneous...The indemnities set,forth,-in:this Agreerriehf:shall survive.the:termination of ttiis.Agreemerit. The invalidity.or:unenforceability of any term 6r:c4ndition of.this.Agreement shatl,not affectth6 oth6t:tern�and conditions,.and. this:Agreement.shall:be.'construed in:all respects-as'if such invalid:lir;:unenforceable:term.or condition.had.not.been :- i contained.herein.:This Agreement constitutes #ice entire agreement between the Performer and A©C with respect:to:xhe subject matter:hereof; and :supersedes all prior ora! or Written representations and:agreements regarding:same. This Agreement. may:oniy be modified by written amendment:executed.by bdfh. parties Hereto:The panties represent:and warrant that:they are authorized toenter into this Agreement and that the persons executing,this Agreement have the authority to bind.tl►e party which they represent .Ttie 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'negotisoon of this. Agreement, and enter into the same freely,voluntarily,-and Without.-any duress; undue.influsnce or coercion. ..IN WITNtSS WHEREOF,the parties hereto have made and executed this Agreement as follows: ARTIST DEVELOPMENT CORPORATION 8tev�W Mgr Endless:-5uar►m�r ("ADCC) ("Performer). sy: By: V. 3 Blair Clark, President Authorized Signature Date: 2-0-w2018 Printed:Name Title . FID/TIN: . Last Four of SSN.if Sole Proprietor: ,Date: If Minor: .represent, as pa'r'ent,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