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333463 12/14/18 CITY OF CARMEL, INDIANA VENDOR: 357616 I: ONE CIVIC SQUARE CENTER FOR THE PERFORMING ARTS, MWCK AMOUNT: 5*****1,000.00* CARMEL, INDIANA 46032 ONE CENTER GREEN CHECK NUMBER: 333463 ATTN:JEFF MCDERMOTT CHECK DATE: 12/14/18 CARMEL IN 46032 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1203 4359000 102350 1,000.00 MLK JR PROGAM 1121T1-9 VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) Vendor# 357616 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER CENTER FOR THE PERFORMING ARTS, INC IN SUM OF$ CITY OF CARMEL ONE CENTER GREEN An invoice or bill to be properly itemized must show:kind of service,where performed,dates service ATTN: JEFF MCDERMOTT rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. CARMEL, IN 46032 Payee $1,000.00 Purchase Order# ON ACCOUNT OF APPROPRIATION FOR Terms Community Relations Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT 102350 INVOICE 43-590.00 $1,000.00 1 hereby certify that the attached invoice(s),or 12/12/18 INVOICE DEPOSIT DUE WITH SIGNED FACILITY $1,000.00 1203 101 1203 101 USE AGREEMENT 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 Wednesday, December 12, 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 5-11-10-1.6 120 Clerk-Treasurer CPA Events THE CENTER 1 Center Green FOR THE Carmel,IN 46032 PERFORMING ARTS 317.819.3521 HOME OF 1� A, The erican Songbook Foundation M&hae(Feim-wn,Founder Deposit Invoice Due Date: Friday, December 28, 2018 Reservation: 1091-237 Group: CityofCarmel ATTN: Sharon Kibbe One Civic Square 317-571-2483 Carmel,IN 46033 skibbe@carmel.in.gov Thankyou for hostingyour event at the Centerforthe PerformingArts! Booking Details '015„ `� AR MW F ,' ��`� .._'" ,..� -`' .��`-- �"-„r '}s`f..�-y19�'..I 22 "x,. �-`"�-��.•i-r . xrz� � r #�� � ,�_t Items �,.�,a= �- -_.. .s � �,- �iia� �-::�-.mow= «. �.�- '� ,k•�„�.� �,,,,-�,�,„ �,.��* �� ..-, �.-m �.' "'�'� - Deq:osrt - -- Cost First Deposit $1,000.00 TOTAL Subtotal $1,000.00 Total Tax $0.00 Grand Total $1,000.00 Balance Due $1,000.00 Please make checks payable to The Center for the Performing Arts and mail to: 1 Center Green, Carmel, IN 46032,Attention: Laura Varnau To pay by credit card, call Laura at (317) 819-3521. IANA EXEMPT Page 1 of 1 City ®f Carmel CERTDIFICATEENOI 0031015 002 0 PURCHASE ORDER NUMBER J� FEDERAL EXCISE TAX EXEMPT 102350 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P CARMEL,INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 12/12/2018 357616 FACILITY RENTAL AGREEMENT FOR-201 9 MILK,JR.EVENT ON 1/21/2019 CENTER FOR THE PERFORMING ARTS,INC Community Relations VENDOR ONE CENTER GREEN SHIP 1 Civic Square ATTN:JEFF MCDERMOTT TO Carmel, IN 46032- CARMEL, IN 46032- PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 32116 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department.' 1203 Fund. 101 General Fund Account.' 43-590.00 1 Each MLK,JR. PROGRAM 1/21/2019 $2,281.77 $2,281.77 Sub Total $2,281.77 Account. 43-566"-01-- I Each MLK,JR. PROGRAM 1/21/2019 $4,448.73 $4,448.73 Sub Total $4448:73. I t Send Invoice To: pf Community Relations 1 Civic Square Carmel,IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $6,730.50 SHIPPING INSTRUCTIONS 'A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A 'SHIP PREPAID. PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN .C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUSTALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCEE WITH WITH CHAPTER 99,ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Nancy Heck James Crider TITLE Director Administration CONTROL NO. 102350 CLERK-TREASURER THE CENTER FOR THE PERFORMING ARTS HOME OF :� �h The Songbook F�ndation MichaelFeinshin,Founder Facility Rental Agreement (Theaters CM-NR) Facility Rental AGREEMENT,dated as ofTuesday, December 11,2018,between The Center For The Performing Arts,Inc.(the"Center"), and City of Carmel (the"Company')having its principal office forthe transaction of business at One Civic Square Carmel,IN 46033; Contact:Kelli Prader Tel.317.571.2474 Email:kprader@carmel.in.gov This Agreement consists of the text of this Agreement and each of the following: ExhibitA-General Rules and Policies of the Center ExhibitB-Box Office and Ticketing Policies Exhibit C-Marketing and Advertising Policies Exhibit D-Production Policies Exhibit E-Catering and Food Service Policies Exhibit F-Schedule of Events Exhibit G-Fee Schedule&Preliminary Cost Estimate Sheet(s) The foregoing Exhibits are a part of this Agreement and are incorporated by reference into this Agreement as if fully set forth herein.They are binding upon the Company.Any of ExhibitsA through E may be amended by the Center at any time by giving the Company at least two weeks' advance notice ofthe change.Exhibits F and G may be amended only by the mutualwritten agreementof the Centerand the Company. NOW,THEREFORE,whereas the Company desires to stage performances at the Center and the Center is willing to permit the Company to use the Facilities(asdefined below)forthatpurpose upon theterms and conditions set forth in this Agreement,in consideration of the mutual covenants and agreements set forth herein,the parties hereby agree as fo llows: 1. THE ENGAGEMENT; USE OF THE FACILITIES. ( a ) Engagement:Schedule of Events.The Company will have the right to use the Tarkington Theater ("Theater" or"Venue") as specified on the Schedule of Events attached hereto as Exhibit F (the "Schedule of Events"), solely for the purpose of staging the performances and related programming described on the Schedule of Events(the"Events") on the dates specified thereon.The entire production described on the Schedule of Events is called the"Engagement"in this Agreement.None of the Events,dates or other aspects of the Engagement described on the Schedule of Events may be substituted orotherwise changed withoutthe mutual written agreement of the Centerand the Company. ( b ) Facilities.The Company's right to use the applicable Venue include the applicable performance stage together with all dressing rooms,lobbies,corridors,foyers and vestibules leadingto the applicable venue and such mechanical,electrical and stage equipment as is located in the TheaterNenue(collectively,the"Facilities"). Nothing in this Agreement gives the Company any leasehold interest or other exclusive possessory rights and the Center and/or REI 1of22 j Property Management will retain control of the Facilities at all times. The Company shall at no time place its own locks on any portion of the Facilities or the building in which they are contained (the °Building"), except in the areas designated by the Center, if any. The Center and its directors, officers, employees, agents and other representatives reserve the right to enter any part of the Facilities at any and all times, recognizing that due care will be taken not to interfere with scheduled Events. The Company may not use any portion of the Facilities for any purpose other than expressly granted herein in connection with the Engagement without the priorwritten consent of the Center,and upon the terms and conditions agreed to by the Center. No portion of the sidewalks,entrances, passages,vestibules,walls, or ways of access in or about the Facilities or the Building may be obstructed by the Company or used for any purpose other than ingress and egress to and from the Facilities. Notwithstanding anything else herein to the contrary, if any performance of any Event shall, in the sole judgment of the Center, be prevented,interrupted orinterfered with by severe weather,a crime,action ordeclaration by the police orother public authorities,a strike or labor dispute,or any other cause beyond the reasonable control of the Center,then the Center shall have the right,at its option,to cancel,delay orstop any performance without any advance notice to the Company,to turn off the lights and heat orairconditioning in the Building and to dismiss the audience. (c) Duration of Engagement The Engagement will consist of the period between load-in through the completion of load-out for each Production Run as specified on the Schedule of Events,Exhibit F.All Events,including production tech./rehearsals/performances/ancillary activities,will bescheduled atsuch times thatare mutually agreed upon between the Centerand the Company.The Company may arrange with the Centerto use the Facilities at such reasonable times thatwill not conflict with other uses which the Center may desire to make of the Facilities. (d) The Center may occasionally make use of the Facilities for educational outreach or other activities during the span of a production run, using dark days or other times that will not interfere with the Company's production schedule, all upon advance notice to the Company. During any such use, the Center will ensure that participants will not use or disturb Company's sets, props, or any other equipment,unless express permission has been granted to make use of any such items. (e) The Company's right to use the Facilities for each Event is contingent upon the Company having a written contract or other formal documented arrangements with the Artist(s)and/o r Event participants to perform the Event. (f) Center Rules and Policies.The Company's obligations,responsibilities and actions under this Agreement are subject to the Center's rules and regulations,including those set forth ExhibitsA through E attached hereto oras otherwise delivered to the Company in writing from time to time. 2. FEES AND PAYMENTS. (a) Build!i-e Facilities Surcharge -Not applicable for this non-ticketed event. Building Facility Surcharge:A Building Facilities Surcharge is collected with each paid admission per performance(single tickets,group and subscription sales),for events taking place at the Palladium,the Studio Theater and the Tarkington. Said surcharge shall not apply to complimentary tickets orto performance events with free admission,ticketed or not. Structure for Collection of the Surcharge: Collection of the surcharge must be structured INSIDE the ticket price itself,and not as a separate add-on fee.The actual surcharge monies collected,however,will be tracked internally as a separate total from the"core"ticket price.The surcharge amount due will be itemized and netted out upon each production run settlement. 2of22 1 For events with core single ticket Prices$7.00 and under.,the facility surcharge is$L.00 per ticket.(For example,an event with a core ticket price of$7.00 wo u ld result in a purchase price of$8.00,inclusive of the su rch a rge). For events with core single ticket prices over S7.00,the facilitysurchargeis$3.00 per ticket.(For example,an event with a core ticket price of$10.00 would result in a purchase price of$13.00,inclusive of the surcharge). NOTE:The Building Facilities Surcharge is not intended to bean additional expense to the Company,rather,it is intended as a "pass-through"charge to the in d ivid u at ticket purchaser. (b) Fee Schedule.In exchange f orthe use of the Facilities and the services to be provided by the Center u nderth is Agreement,the Company will pay to the Centerthe fees and costs setforth on the Fee Schedule attached hereto as Exhibit G(the"Fee Schedule'). Any total amounts for variable costs set forth on the Fee Schedule or Cost Estimate Sheets are estimates only,based upon information available at the date of this Agreement. Final invoices will be based upon Event costs as billed, including labor costs for actual personnel/hours worked and other billable services and equipment provided. (c) Advance Deposit(s) I. Prior to each event,the Company will pay to the Center non-refundable deposit as outlined on the Fee Schedule and/or Cost Estimate Sheet(the"Deposit').The Deposit will be credited against the final Rental Settlement described below. II. Unless otherwise arranged,the balance as itemized on the attached Cost Estimate sheet is hereinafter referred to as"The Second Deposit"and shall be payable no laterthan Ten (10) business days Prior to the load-in date of event. (d) Escrow of Ticket Sale Proceeds.Whenever the term "Ticket Sales Proceeds"is used herein,it shall be deemed to mean all monies received in respect of the Event from the sale of tickets,NOT INCLUDING the Building Facilities Surcharge.Not applicable to to this event. In addition to the Deposit,if any,the Centerwill hold all ticket sales proceeds in escrow,and the Company hereby assigns those receipts to the Center as security for any amounts payable by the Company under this Agreement.All checks and other payments presented in payment fortickets;atthe Center's box office will be made payable to the Center(and not to the Company or any other person).Any losses, in the event of nonpayment due to insufficient funds or otherwise in connection with any ticket sales,shall be deemed to reduce the amount of ticket sale proceeds forthe applicable Event.The Centershall have the right to co-mingle any and all ticket sale proceeds with its otherfunds until such time as an Eventsettlement is made as set forth below. At the sole discretion of the Center's Management,said ticket sales escrow proceeds may be held in lieu of payment of The Second Deposit. Rentershall be notified bvtwelve(12)business days r) iortoeventwhetherornottheSecondDeposit payment,orany portion thereof,may bewaived (e) Multi-Week Production Runs:Interim Settlement(s).If production run isscheduled with performances that span beyond morethan 10 days (i.e., encompassing more than two weekends), then weekly interim settlements may be arranged, subject to the following conditions:If single ticket sales proceeds then held in escrow exceed the estimated billable amounts forthe current production,Plus 10% (held in reserve as security for any additional costs),then any such excess amount may be paid overto the Company in weekly payments. Calculations for any such interim settlements will be based upon ticket sales proceeds figures as of the Monday of each week during the production run. (f) Final Production Run Settlement.Within ten business days following each complete production run,the Deposit plus the remaining ticket sales proceeds held in escrow will be offset against the remaining billable amounts for the current production that are due to the Center.Any excess amount will be paid over to the Company or,in the alternative,any balance due to the Center will be invoiced to the Company. 3of22 (g) Payments.All amounts payable by the Company hereunder shall bed ue and payable within 10 days after the date of the applicable invoice, payable in cash, money order, credit card, debit card, business check or by certified bank check and without further notice, abatement,deduction oroff-set whatsoever. ( h ) Taxes.The Center will not collect or withhold any taxes or governmental charges from any ticket sale proceeds on behalf of the Company,and the Company is solely responsible for filing any tax reports and for remitting any corresponding taxes that may be due to the propertaxingauthorities. (i) Additional Charges for Pre-and Post-Performance Functions.No additional charges will apply for pre-performance functions(e.g., program lectures,receptions,etc.) or for post-performance functions up to 90 minutes in duration,which may be scheduled subject to space availability. Excess time for any post-performance functions beyond 90 minutes will be billed at the rate of$100/hour to cover additional building overhead, plus reimbursement for labor expenses at the prevailing rates in effect for any personnel required to continue working duringthe extended period.Any such additional costs will be payable at the rates and u ndersuch terms set forth herein for other billable charges.Note:Additional costs would apply for any ancillary use of the Robert Adam Room in the Palladium,and any such potential use would be dependent upon availability. (j) Cancellation Fee: In the eventthat any confirmed date(s)as listed on the attached Exhibit F-Schedule of Events are cancelled by the Company with less than 6-months advance notice,then a cancellation fee shall be payable to the Center in an amount equal to 1/3 of the standard"dark day"rate charged to othernon-profit rental clients.Such cancellation notices must be provided in writing in accordance with the provisions of Contract Section 8-d. 3. BOX OFFICE&TICKETING SERVICES;ADVERTISING AND PROMOTION. Not applicable to this non-ticketed event. (a) Box Office Services.Unless otherwise agreed,tickets forany Everitthat is on saleto the general public may be sold only through the Center's in-house ticketing system and the Center will provide all box office and ticketing services in accordance with the Box Office and Ticketing Policies set forth on Exhibit a attached hereto.Unless the Center otherwise agrees,o n lv Reserved Seat tickets may be sold to events taking place atthe Center. Upon settlement of event,Company shall be assessed the following charges pertainingto ticketing: I. A reimbursement charge of the actual percentage costs assessed to the Center on the total amount of Credit Card sales (MasterCard,Visa,Discover,American Express)occurring for the event through online sales and the Center's box office.At final settlement,said costsshall be deducted from ticketsales proceeds held in escrow bythe Center. II. A Ticket printingcharge for: o Comp tickets which maybe printed exceeding quantity of 100 @ S.10 perticket o Consignment-block tickets,as may possibly be arranged upon mutual agreement,if printed,@ S.10 nerticket III. A reinstatement service charge of S.25 per ticket foreach consignment or comp ticket that maybe returned to the Center's box office for re-entry into available inventory in the Center's ticketing system. Said tickets must be returned by 5 business days priorto event. (b) All marketing,advertising and other promotion of each Event will be the responsibility of the Company at its sole cost and expense. The Company must comply in all respects with the Marketing and Advertising Policies set forth on Exhibit C attached hereto. (c)As may be scheduled,the Centerwill meetwith Company priorto event(s)to consider potential cross-marketing opportunities. 4. PRODUCTION SERVICES;STAFFING AND PERSONNEL POLICIES. 1 Contro[of Facilities.The Center's President&CEO and/or General Manager and/or other designated staff members of the Centerand/or REI Property Management will be in control of the Facilities at all times. 4of22 b. Ad ulyauthorized representative of the Company must be present at the Facilities at load-in of the Event through the conclusion of Event. C. Stage Crew and Attendant Services.All workon the stage in connection with any Event must be done underthe supervision of,and with the prior approval of,the Centerand the expense of such workwill be borne solely by the Company,exceptas may be otherwise set forth on the Fee Schedule.All attendant services will be furnished by the Center,atthe sole expense of the Company,exceptas may be otherwise set forth on the Fee Schedule.The Centerwill make all arrangements with and negotiate with all attendant services providers ortheir representatives.The Center uses professional stage crew and other personnel.Wage rates are subject to change-any wage rate increase or change in work rules that occur between the time of the execution of this Agreement and the end of the Engagementwill be payable bythe Company,exceptas may be otherwise setforth on the Fee Schedule.The Center reserves the rightto determine crew sizes and workschedules in orderto maintain thesafety and professional standards of the Center.The Company will comply with the"Meal Break Policies"and other policies set forth in the Production Policies Exhibit D attached hereto. d. Frontof House Staffing The Center reservesthe rightto assign all ora combination of the following services to be charged to the Company(exceptas may be otherwise set forth on the Fee Schedule):House Manager,Ushers,Security.The costforthese services will depend upon staff level needs and the service company(s)employed.Overtime will be charged foremployees workingeight hours ormore e. Company Responsible for its Employees.The Centerwill not be responsible forthe Company's employees,performers or others underthe Company's control and the Company hereby assumes all responsibility and liability forsuch persons under all applicable federal,state,and local laws,including,but not limited to those relating to taxes,withholding,unemployment compensation or insurance,social secu rity,workers'compensation,disability benefits,employment of minors,employment of individuals requ iringvisas orworking permits. 5. INTELLECTUAL PROPERTY RIGHTS. (a) Company Responsible.The Company will be solely responsible to obtain all necessary rights and pay all costs arisingfrom the use of patented or copyrighted materials, equipment devices, processes of dramatic rights used or incorporated in the conduct of each performance or other Event presented during the Engagement or in connection therewith.The Company will be solely responsible to obtain all necessary public performance rights and/or pay licensing/royalty fees that may be required for any and all performances(e.g., licensed theatrical performance rights and/or licensed concert performance royalties such asASCAP,BMI,SESAC).The Company will secure, at least 15 days prior to each production run,any and all consents, licenses,certificates, permits that may be required for any and all performances of the Event and/orfor use of any motion picture,television,radio broadcasting or recording,and/orfor use of machines or equipment in connection therewith.The Company will indemnify the Centerforall Losses(as hereinafter defined)that may be incurred by the Centerorany otherperson in connection with any of the foregoing,as provided forin Section 6 below. ( b ) Recording or Broadcasting of Performances.Excluding commercial projects subject to terms and conditions as may be mutually agreed upon, photographing, audio/video recording, broadcasting and/or telecasting of the Event rehearsal, or parts thereof, by the Company will be permitted;provided,howeverthat these activities shall be subject to any conditions,limitations, performance rights, licensing requirements,etc.that may be applicable under other terms of this Agreement or any other third-party agreement,such as a corresponding artist contract. 6. LOSSES OR DAMAGE;INDEMNITY; ETC. ( a ) Standard of Care:Compliance with Laws and Regulations.The Company will use the Facilities and conduct all of its activities in connection with the Engagement in a careful,safe, lawful and proper manner and will be solely responsible for all Losses (as defined below) that may be incurred by the Center by reason of any act or omission by the Company or its agents, employees, performers, representatives,contractors,invitees,licensees or patrons (collectively,the"Company Representatives"), including, without limitation, any bodily injury (including death) or property damage to the Facilities or any part of'the Building caused by an act or omission any Company Representative,including any ticket holderor other person admitted to the Buildingas partof the audienceforany Event. 5of22 The Company will be responsible to cause all Company Representatives to abide by the rules and policies of the Center described herein as well as all laws,rules and regulations of federal,state and municipal governmental and regulatory authorities applicable to the use and occupancy of the Facilities,and to ensure that the Company Representatives will not engage in any activity ortake any action that would adversely affect the insurance coverage orthe ratingfor insurance forthe Building,orwhich would result in a breach of any union contract or labor agreement covering any person orpersons performingwork,labor,or providing services at the Building. ( b) Insurance.The Company must maintain in full force and effect a policy of general public liability insurance against liability for bodily injury(including death)or property damage in or about the Building,for not less than$1,000,000 combined single limit for bodily injury(including death)and$1,000,000 for property damage(orsuch other amount as the parties may otherwise agree).Not laterthan 15 days prior to the Company's first use of the Facilities, the Company must deliver to the Center a current certificate of insurance demonstrating that the foregoing insurance is in place and naming The Center For The Performing Arts as an additional insured. (c) Licenses and Permits.In addition,the Company will obtain from the City of Carmel,Indiana,and any other necessary governmental or regulatory bodies any licenses or permits that may be required in connection with the Engagement and will deliver copies to the Center at least 15 days priorto the Co m p a n y's f i rst use of the Facilities. (d) Indemnity.The Company hereby agrees to indemnify and hold harmless the Center and its directors,officers,employees,affiliates, agents and representatives,from and against any liability,loss,damage,claim,cost or expense(including,without limitation,expenses of investigation and defense, penalties and reasonable attorney's fees and disbursements), liens or other obligations of.any nature whatsoever(collectively,"Losses'),incurred by any of them and arising out oforbased upon: (i) any breach of this Agreement by the Company or any Company Representative; (ii) any bodily injury(including death)or property damage in or about the Building caused by any actor omission of the Company or any Company Representative; (iii) the use of any intellectual property by the Company as provided for in Section 5 above;or (iv) anyotheractdone,omission,orwordsspokenbytheCompanyoranyCompanyRepresentative. (e) Offset Rights.Without limitation of the Center's other rights and remedies,the Company agrees that the Center may withhold and retain from the Deposit or any ticket sales proceeds that are otherwise due to the Company,any Losses incurred by the Center and for which the Company is responsible hereunder. (f) Liability of the Center.The Company agrees that,except as setforth in Section 7(d)below,neitherthe Center nor any of its directors, officers,employees,affiliates,agents and representatives,shall have any liability to the Company,any Company Representative or any other person in any way relating to or arising out of the Engagement orthe matters to which this Agreement relates,except to the extent that it shalt have been finally determined thatthe same resulted from the Center's own gross negligence orwillful misconduct. 7. DEFAULT AND TERMINATION. (a) This Agreement maybe terminated: (i) by the Center,if the Company failsto hold any scheduled performance of the Event,fails to pay any amount required to be paid under this Agreement when due,or otherwise breaches or fails to observe any term,condition, or covenant of this Agreement; (ii) by the Center,if the Company ceases to conduct its business,liquidates ordissolves,becomes subject to any bankruptcy 6of22 or other insolvency proceeding,oris known to be experiencing insolvency or material credit issues in the course of its business with o th e r cred ito rs; (iii) by the Center, if the Company causes reputational harm to the Center, in the sole determination of the Center's President/CEO;or (iv) by either party, if the Facilities or Building are destroyed, severely damaged or otherwise rendered unfit for the performance of the Events forany reason other a breach of this Agreement by the terminating party. (b) In addition,if any Event orseries of Events shall,in the solejudgment of the Center,be prevented,interrupted or interfered with by severe weather,a crime,action or declaration by the police or otherpublic authorities,a strike or labordispute,orany other cause beyond the reasonable control of the Center,then the Centershall have the right,at its option,to terminate this Agreement either in its entirety or with respectto the affected Events. (c) In the event of any termination of this Agreement pursuant to Section 7(a)above,the terminating party shall forthwith give written notice thereof to the other party and this Agreement shall terminate, and the transactions contemplated hereby shall be abandoned, without further action by eitherof the parties hereto. (d) If this Agreement is terminated, all rights of the Company to use the Facilities for the Engagement or part thereof affected will immediately cease and the Centerwill have the rightto license the use of the Facilities forother purposes. (e) No termination of this Agreement will relieve the Company from liability for any breach of this Agreement which occurred priorto such termination or will terminate the Company's indemnification and other obligations underSection 6 hereof. If this Agreement is terminated by the Center pursuant to Section 7(a)(i1 ii oria the Company will remain liable to the Centerfor all Losses caused thereby and the Company will make restitution to all patrons who present for refund any tickets to any performance not performed or held.The Center will not be responsible for any restitution of tickets for any such performances not performed(but after the payment of all costs and Losses payable to the Center hereunder,will refund to the Company any net ticket sale proceeds then held by the Center for tickets thatwere purchased through the Center's boxoffice). (f) If this Agreement is terminated by eitherparty pursuant toLection7(al(iv)or by the Center pursuant tojtqLQLZLU then the Center will refund a pro rata portion of any fees previously paid by the Company pursuant to the terms of this Agreement applicable to the cancelled performances,and the Centershall have no further liability hereunder or otherwise.In no event will the Center be responsible forany consequential,incidental or indirect damages,lost profits,special orexemplary damages o rothersimilar damages of any type. (g) Neither the Center nor the Company shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder by reason of any event or circumstance referred to in Section 7(b) or any other similar event or circumstance, including curtailment of transportation facilities,strikes,boycotts,labor disputes,embargoes,shortages of material,acts of God,acts of publicenemy,acts of sabotage orany other circumstances forwhich it is not responsible orwhich are notwithin its reasonable control. (h) No failure ordelay on the part of either party hereto in the exercise of any right hereundershall impairsuch right orbe construed to be a waiverof,oracquiescence in,any breach of any covenant or agreement herein,norshall any single or partial exercise of any such right preclude other orfurther exercise thereof orof any otherright.Except as otherwise setforth in Section 7(f),all rights and remedies existing u nderthis Agreement are cumulative to,and not exclusive of,any rights or remedies otherwise available. 8. MISCELLANEOUS AND GENERAL. (a) Miscellaneous.Each party hereto shall pay its own expenses incident to preparing for,entering into and carrying out this Agreement and the transactions contemplated hereby.This Agreement(including its Exhibits) constitutes the entire agreement,and supersedes all otheragreements and understandings,both written and oral,between the parties with respectto the subject matter hereof. 7of22 This Agreement may be modified or amended only by a written instrument duly executed and delivered by each of the parties hereto (except as otherwise provided in the second paragraph hereof with respectto certain Exhibits). This Agreement shall be binding upon and inure to the benefit of the parties hereto and theirrespective successors and permitted assigns, and is not intended to create any obligations to,or rights in respect of,any persons other than the parties hereto and their respective successors and permitted assigns. The covenants and agreements of the parties contained in this Agreement shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby.This Agreement shall be governed by and construed in accordance with the law of the State of Indiana,without regard to the conflicts of laws principles thereof. This Agreement may be executed in the original or by telecopy or electronic transmission of a.pdf file containing an executed signature page,in any numberof counterparts,each of which will be deemed to be an original and all of which togetherwill constitute one and the same instrument. (b) No Assignment by Comoany.The Company may not assign or delegate this Agreement or any interest therein to any other person withoutthepriorwritten consentof the Centerin its discretion. (c) Independent Contractors.The Center and the Company are independent contractors and neitherthis Agreement nor any act of the parties hereto shall be construed as creating or establishing a partnership,joint venture orassociation of any type between The Centerand the Company. (d) Notices.All notices given or made pursuant to this Agreement will be in writing and will be deemed to have been duly given on the date delivered,if delivered personally,on the fifth business day after being mailed by registered or certified mail(postage prepaid,return receipt requested), in each case,to the parties at the following addresses, or on the date delivered by electronic transmission to the telecopier number specified below with follow-uo telephone confirmation of receipt(or at such other address ortelecopier number for a party as may be specified by notice given in accordance with this Section): (a) if to the Center to the Center's President&CEO and/or General Manager,at The Center ForThe Performing Arts,355 City Center Drive,Carmel,Indiana 46032,telecopier no.:(317)660-3374;and (b)if to the Company,to the Company at its address for notices set forth in the Schedule of Events. (e) Confidential Information.The Company agrees that this Agreement and the terms hereof shall be kept strictly confidential by the Company and neither the Company nor any of its directors,officers,agents or representatives will disclose or use, in any manner,this Agreement or any other confidential or proprietary information concerning the Center or its operations unless expressly authorized in writing by the Center or as required by applicable law or legal process(in which case the Company shall first advise the Center of such requirement and the parties will work togetherto limitthe scope of such disclosure). ( f ) Binding Agreement.This Agreement shall not be binding upon the Center,and the Facilities are not secured for any of the dates described herein,until this Agreement has been signed by both the Center and the Company and any required Deposit has been duly received by th a Center o n o r prio r to the"Due Date"as set fo rth in the Fee Schedule. (g) Waiverof Jury Trial.Each party hereto hereby irrevocably waives any right to have ajury participate in resolving any suit,action or proceeding arising out of or relating to this Agreement o r any of the transactions contemplated hereby. (h) IRS Form W-9 Required: The Center must have a current IRS Form W-9 for Company on file. Please include this with the return of the signed contract. Upon requesta blank Form W-9 will be emailed as a PDF attachment. (i) Sales Tax Exemption: If Company is a tax-exempt non-profit organization, an IRS designation letter and/or Indiana tax exemption letter must be provided with the return of the signed contract. Otherwise,the for-profit facility rental rate in effect and 7%Indiana State Sales Tax shall be due. 8of22 { i IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above. Fo r: i The Center for the tPeerrformineArts.Inc By: Name:LauraVarnau Title:Directorof Event Sales Rental Client: it of Car e By: Name:.' > ��ar �-zl . Title:M ���C. G� W✓hYb. (�JJ'• C�{JY►• (f • i t i i 10 of 22 EXHIBIT A General Rules and Policies of the Center a. TheCenterisa NON-SMOKING facility inallareas. b. Eating and drinking will not be permitted except in the portions of the Facilities designated by the Centerforsuch purposes.Bottled water maybe consumed within the Theaters,however no other beverages orfood may be consumed in the Theaters unless previously approved by the Center. C. The Company agrees that admission to and seatingforall Events will be without regard to race,color,age,sex,sexual orientation,religion, national origin,disabilities,orany otherunlawful discriminatory standard. d. No collections orsolicitations may be made in or about the Building by or on behalf of the Company withoutthe express written consent of the Center. e. The Center,or the Center's authorized concessionaire,has the exclusive right,at all times and wherever it desires to sell or distribute any and all merchandise,food,beverages,and services duringthe Engagement. f. The Center may, in its sole discretion, allow the Company to sell souvenir books, recordings, or related event merchandise articles, provided such activities are restricted to designated areas in the Building, and that such privilege is subject to revocation by the Center.When permission is granted,all concessions will be administered under the policies of the Center. It is the responsibility of the Company to remit applicable sales taxes/corresponding reports to the appropriate taxing authorities. g. The Center,or any person authorized by the Center,may at any time and from time to time du ring the Engagement install and maintain in the Facilities such exhibitions and displays as selected by the Center, provided that such exhibitions and displays do not obstruct fulfillment of the terms of thisAgreementorconflictwith any policies/restrictions of REI Property Management. I have read and understand the policies in Exhibit A—MA 11 of 22 EXHIBIT B Not applicable to this non-ticketed event Box Office and Ticketing Policies 1. Tickets On-SaleDates:Upon completion of the Center's preparatory"EventPacket"by the Company,the sale datefortickets can usually occurwithin three weeks,with the exact sale date to be mutually agreed upon by the Center and the Company.Changesto ticket pricing, holds,aswell as planned promotional offers,must be provided to the Center's box office no laterthan two weeks priorto ticket sales. b. Ticket sales reports will be available to the Company on a regular periodic basis as may be mutually agreed upon by the Center and the Company.The Center will provide a final box office statement for each production run upon the final settlement provided for in Section 2(dofthe Agreement. C. Upon request, following each production run, the Center will provide the Company with a report containing patron ticket sales information(e.g.,patron names/addresses)correspondingto ticketsalesforthe completed production. d. Unless otherwise arranged,on the day of an Event,the Center's boxofficewillopen o Atthe Palladium:two(2)hours priorto the designated start-time o Atthe Tarkington orStudio Theater one(1)hour priorto the designated start-time and will remain open until 30-minutes after the start-time of the Event.At the discretion of the Center's management,the Center may electto extend boxoffice hours beyond this time frame. e. The Company will assign one person to represent the Company in all ticketing matters.If the Company's ticket representative changes,the Company will give the Center at least 24 hours'advance notice of the change.Access to the Center's box office is restricted to the Center's and the Company's authorized personnel only. f. For all ticketing arrangements,the Center's Box Office Manager shall retain management control over any tickets pertaining to designated Handicapped Seats,House Seats,orotherspecialseating requirements as maybe determined by the Center. o Designated House Seats shall be in areas as specified by Center Management. o Designated handicapped seatingshall be in areas as specified by Center Management o Sound Board Location/SeatKills:As necessary. g. The Company may not cause or permitto be sold ordistributed a number of tickets or passes for admission in excess of the seating capacity of the applicable Theater or admit into the Facilities a larger number of persons than can safely or freely move about therein.Tickets or passes forstanding room will be sold ordistributed only upon permission having been first obtained in writing from the Center. h. The Center's ticketing policy requires that each patron attending an event must have a ticket. I. The Company may determine its own policy forticketing/seating arrangements for children,providing it is mutually agreed upon in writing by the Center. I have read and understand the policies in Exhibit BOLI 12 of 22 EXHIBIT C Marketing and Advertising Policies 1. Renter's event will be advertised or promoted by Renter at Renter's sole cost and expense,and will specify that tickets will be sold at The Center's Box Office and other designated locations as specified and/or approved by The Center. b. Included with a facility rental,the Center will provide the following promotional support services(contingent upon Renterproviding image(s)in required formats,alongwith corresponding event description): o Event Listing on the Center's website o Inclusion in"calendar of events"emails sent periodically to the Center's marketing distribution list o Inclusion in upcoming events promotional"slide show"displayed on video monitors located in Centervenue lobbies C. As maybe scheduled,the Center will meet with Company priorto event(s)to consider potential cross-marketing opportu n ities. d. Pro motional material is subjectto general seasonal review by the Center's Directorof Marketingto ensure compliance with the Center's standards/policies for accuracy and content.Said review may include advertising/promotional/publicity materials,posters,etc.to be used in connection with Event(s)and/or series subscription sales.Said review shall be completed prior to proposed use of said materials,and references thereinto The Center maybe abridged,modified or rejected by The Centerat its discretion without liability to Renter. e. The Company must provide ageneral description of. each Eventbv no later than two weeks Prior to public ticket sates.Information should include length of Event and brief biographical information about participants or artists. f. The Company may prepare a program booklet for any Event orseries of Events,which shall be the sole responsibility of the Company at its expense.Any such program shall be subjectto review by the Center as provided for above. g. The name(s) "The Center For The Performing Arts" or "The Palladium" or "The Tarkington" or "The Studio Theater" may not be incorporated as part of the Event Title BillinE of any performance,event,or work performed,without express written permission of the Center's Management. h. Information Required in Promotional Material:In any and all notices,media releases,posters,signs fliers,handbills,advertising, etc,the billingofeach Event must include: o Thetitle of the event, includingthe NAME of the Production/Performance Company or Attraction and/or Name(s) of any HEADLINE ARTISTS,if applicable,and the NAME of the Presenting Sponsor/Promoter,(i.e. "XYZ Presents"or"Presented by XYZ: designation). o Thedate and time of the Event. o TheVenue of the Event as taking place at"The Tarkington"or"The Studio Theater" or"The Palladium" (as applicable) at The Center for the Performing Arts, with the address listed as: • The Palladium One Center Green,Carmel,IN 46032 • The Tarkington:ThreeCenterGreen,Carmel,IN46032 • Studio Theater:Fo u r Center Green,Carmel,IN46032 Please note:The physical location of the Center's business office(355 City Center Drive) is not the same as the address of any of the above-listed venues. I. Specify that tickets will be sold at the Center's Box Office(and any other designated locations as specified and/or approved by the Center). j. The Center's Box Office telephone number:317-843-3800. k. The appropriate Center for the Performing Artslogo and website: (www.TheCenterPresents.org). The Center will provide the Companywith copiesof theappropriate logo. 13 of 22 �. Posting of Materials(Restrictions/penalties): L No signs,posters,cards,banners,flags,ordecoration may be posted ordisplayed in,on,oraboutthe Building without the express priorconsent of the Center. 11. Brochures,handbills,literature or other pro motional materialforwhich permission is granted may bedisplayed in specified rack location(s)in the boxoffice lobby and in such a manneras may be specified bythe Center's Management.The Company is solely responsible for maintenance/restocking of these materials.Outdated materials will be subjectto removal atthe discretion of the Center's Management. 111. If a posterorany other item is attached to a door/wall or any other interior/exteriorsurface with tape or other adhesive material resulting in damage,the Company will be responsible to pay the full contractor cost forthe complete and properrepairof the damage.A damage escrow in an amount sufficient to coverany estimated repaircosts may bewithheld fromthe Deposit and/orticket sales proceeds.Any applicable damage charges will be deducted from the amounts held in escrow and the remainderwill be paid to the Company promptly afterthe completion of all repairs. I have read and understand the policies in Exhibit C and that I am responsible for marketing the events rl 14 of 22 EXHIBIT D Production Policies a. Technical Event Information.All technical Event information and any Artists'/Eventtechnicalcontract riders are due tothe Center byno laterthan six-weeks priorto the date of the first performance of each Event. b.. Priorto each production load-in,meeting(s)with the Center's Production Dept.are mandatory,un less this requ irement is waived by the Center's Directorof Production,Kyle Lemoi.Such meetings must occur a minimum of 7 days priorto load-in. C. Foreach production,itis expected thatthe Company shall provide its own Production Stage Managerto sere as an integral memberof the Company's own production team.If this is not possible,Center Production Dept.personnel may be available to sere in this capacity(at billable rates in effect),however,additional pre-production meetings shall be required as needed to determine the scope of services necessary forfulfillmentof this role and corresponding preparation. d. Intermission :Unless otherwise arranged,Eventshall have at least one intermission that is at least 15 minutes in duration during each performance of the Event. e. Extended performances must receivepriorwrittenpermission.Foranyperformancethatprogressesbeyondafour-hourperiod,the prevailing overtime rate will go into effect. f. Because holidays are not usual and customary load-in days,any labor up to 8-hours so incurred shall be billed atthe overtime rate;any such work in excess of 8 hours,before 7:00 am orafter Midnightshall be billed at double-time rate. & The stage must be cleared of all rehearsal activity by no laterthan 30 minutes priorto the designated Event start-time.Unless there is a hold due to technical reasons as may be determined by The Center's Production Stage Manager,the Theaterwill be opened for patron seating30 minutes priorto the designated Event start-time. h. The Company must make every reasonable effortto start each Event atthe pubticized/advertised time.Regardingthe late-starting of events,a penalty of$50.00 will be assessed forevery full 15-minute increment pastthe designated start-time thatthe event is delayed,with the exception of weather conditions,civiltumult,and/or acts of God orotherfactors beyond the reasonable control of the Company. L No audience will be permitted at any rehearsal activity withoutthe express prior consent of the Center. j. Priorto and during each Event,the Company must prohibitfrorn admission to the stage,back-of-house/dressing room areas all persons otherthan performers,bona fide employees of the Company having a functional purpose in those areas,orthe Center's staff. k. Post-event admittance to the Back-of-house Artist Reception Room shall be as mutually agreed-u pon amongthe Company,artists,and the Center.In no instance will admittance to the stage proper be allowed to anyone otherthan performers and bona fide technical staff having functional purpose on stage. 1. Production Equipment Production equipment maybe operated only by personnel approved by the Center.The Company will not permit any of its employees orother representatives to use or operate any equipment of the Centerwithoutthe Center's prior consent including, without limitation,sound,rigging,lighting,stage lifts,catwalks,and tools.The platform/stage area is not availablefor construction and painting of scenery.The Company will be solely responsible forthe cost of repair or replacement of any equipment damaged by the Company's employees or other representatives. M. Comoany Equipment If the Company supplies any of its own equipment,the Company is solely responsible forthe functionality and compatibility of its equipment.Any wireless gear must be in compliance with applicable laws and regulations regarding available frequencies forentertainment use.In addition,all connections/adapters/rack snakes,etc.,that are needed to interface properly with the Center's house systems must be supplied by the Company.The Centerwill not be responsibleforthe setup,maintenance,troubleshooting or repair of any of the Company's equipment. n. The Center reserves the rightto refuse in any and all locations the use of any equipment,materials,scenery,props,costumes orother items that are deemed notto be safe,appropriate orsuitable in the Center's sole discretion. O. Exceptforsuch special effects submitted to the Center's Directorof Production for review in consultation with appropriate civicauthorities, as maybe applicable,and subject to approval by same,the following two items are restricted from All Venues at the Centerforthe 15 of 22 PerformingArts: o Pyrotechnics o Open flames p. The following restrictions apply onlytothe Palladium.and not the TarkingtonorStudio Theater o Helium balloons o Confetti o Glitter(on drops) o Bubbles(machines) o Artificial snow o Silly String o Screws,nails,bolts,and drilling into platform/stage su rface o Haze&Smoke • Note:Dry Ice is allowed. Cl. Meal Break Policy: o U n less the Center consents to the contrary,the Company will not cause stagehands or other person net f u rnish ing attendant services to work during specified lunch and dinner hours orany partthereof. o The house crew/technician is to be given a meal break no later that after each f ive-hou r period of work.The meat break may occur at a point earlierthan 5 hours;it maybe schedu led in accordance with the most efficient and cost-effective schedule that maybe determined. o ThereareTWOOPTIONS tofulfillthemeal break requirements: 1. One-hour Meal Break with Personnel OFF the time clock: • Aone-hourmeal break isto be given with the premise that the crew/tech n ician will/may leave the premises for their"lunch hour." • Under this scenario,all work in the primary performance space must cease during the one- hour ne- hour meal break period. If desired,production company personnel may remain on-site in the backstage support area rehearsal rooms/dressing rooms and'continue activities in these areas ONLY. • Note:In the eventthatthere are two Center crew members prdsent on a work call,the meat break can offset.For example,Person No.1would leave fortheir 1-hour meal breakwhile Person No.2.would stay on duty.Person No.l would break at4 hours and Person No.2 would break at5 hours upon the return of Person No.1.In this way,work in the primary performance space does not stop. 11. Thirty-minute Meal Break with MEAL PROVIDED and Personnel remaining ON the time clock: • With this option,a meal is provided to the crew/technician thatwouldbeeaten on-site during a 30-minute meal break period while they remain on the time clock.In otherwords,during the 30-minute period the person would be paid to eatthe meal that is provided to them. • If this option is chosen,work by production company personnel may continue in the primary performance space during this period,with the crew/technician essentially"on-call"duringtheir meal break period in the event any emergencies orsign ificant problems/issues may arise. • Conditions of the Meal Provided:Underthisscenario,onlyfoodfromarestaurantisacceptable-no home-made meals.Also,the stage crew personnel should be given the opportu nity to designate their meal order from a specific restaurant.If there are multiple persons so affected,then it is reasonable thatthere should be consensus among them regardingfrom which restaurantthe meals will be ordered. MEAL PENALTIES: • If the meal break requirements as outlined above are notfu[filled,then a meal penalty scenario results in effective hourly charges that are TWO TIMES the prevailing rate(i.e.,the prevailing labor rate charge 16 of 22 PLUS the Meal Penalty assessed at ixthe prevailing rate). • Please note that meal penalty rates stay in effect until a remedy is Provided to end the meal pen a lty scen ari o .In otherwords,the meal penalty is not just 1-hour,rather,the meal penalty stays in effect until a 60-minute break is given,ora 30-minute break with food is given. Exhibit D(cont.) Safety Policies pertaining to The Tarkington &the Studio Theater THIS DOCUMENT IS SUBJECTTO CHANGE Life SafetyCode,National Fire Protection Agency,OSHA,USITT • Codesforsafety and health of employees,volunteers and patrons • Printed sources: o Health and Safety Guide forFilm,TV,and Theater(Second Edition)by Monona Rossal 0 PracticalHealthandSafetyGuidelinesforSchoolTheaterOperationsbyDr.RandallW.A.Davidson • Online resources: o http://theatresafetvblog blogspot.com • http://www.usitt.org/HealthSafety.aspx • httr)://www.nfr)a.org Fire codes • Maintain proper egress routes(fire exits) 0 No storage of scenery,props in hallways or light/sound locks o No storage of anything in stairwells o Rally point • Tarkington rally point is Veterans'Memorial flagpoles • Studio Theater rally point is Amphitheater • Maintain access to alarm pull stations,fire extinguishers,fire hoses,etc • No storage of anythingwithin 18"of sprinkler heads • No hanging/rigging on sprinkler pipes • Ensure all scenery,props,and costumes are treated with flame retardant o Studio Theater only:No bare wood—all surfaces must be coated with paint or flame retarding materials(clear coat or Rosco Flamex) o Large scenic fabrics must be"treated o No cardboard,papier-mache,etc.scenery • Properstorage of chemicals o Spray paint o WD-40 o Etc. • Maintain fire curtain line(plaster line) o No permanent mounted scenery of props underthefire curtain • Do notexceed maximum occupancy(we will get numbers from CFD) • Do not block electrical panels,alarm panels or doors leading to the panels(Studio Theater East wall) Special effects 17 of 22 • Fog,smoke,haze are permitted • Pyrotechnics-not permitted,except as maybe allowed underthe provisions of section"o,"above • open flames-not permitted except as maybe allowed under the provisions of section"o,"above Rigging • No hanging/riggingon sprinklerpipes • Minors notallowed on thegrid without adultsupervision o Limit the number of minors working at height at any given time • Minors not allowed to load counterweights above stage level • Only properly trained personnel(employees orvolunteers)to operate the single purchase[ine-sets in the Tarkington • Spreader(keeper)plate on the arbors must be placed at appropriate intervals as marked on the arbors • Locking collars and atop spreader(keeper)plate are to be used at all times on arbors • Counterweights must not be stacked higherthan the kick plates on the loading bridge's • Locks on the operating lines are notto be used as brakes or hold out-of-balance loads • No riggingwith stringortie line • Flying cast members must be done by professionally trained individuals(trained by companies such as:ZFX or Flying by Foy,etc.) General issues • On siteCPAFstaffinember-don'tshootthemessenger! • Fall arrest harnesses maybe needed when working at heights o Locations-TBD • Stepladders-do not stand above 2nd step from the top o Chairs are not ladders • All lighting instruments,colorscrollers,top hats,and barn doors must be securely fastened and have a safety cable attached General issues(cont.) • Outriggers must be used atalltimeswhenusing the Genie person net lift • Only stage prop weapons may be used-no real weapons o Prop weapons must be stored in a lockable cabinet when not in use onstage • When working at heights-all tools must be tied off • Keep catwalks and the grid free of loose equipment o Tie off equipment as needed • Please report all safety issues and injuries to the CPAFtechnician on site I have read and understand the policies in Exhibit D-0 18 of 22 EXHIBIT E Catering and Food Service Policies a. Theanproved caterers for the Center are:A Cut Above Catering,www.acutabovecatering.com Kahn's Catering,www.kahnscateringcom MBP Distinctive Catering,www.mbocateringcom Ritz Charles,www.ritzchartes.com: Ruth's -Chris Steakhouse, www.ruthschrisindynorth.com and Jonathan Byrd's,www.ionathanbvrds.com. b. All food and beverages for ancillary events must be provided by separate agreement between the Company and one of the above-listed preferred caterers.The Company must arrange with chosen catererto provide furniture,equipment,linens,tents and other items needed forthe ancillary event. C. Food mustaccompany alcoholic beverages at all ancillary events. d. Except as noted below,the catering agreement with all preferred caterers covers all spaces within the entire campus of the Center for the PerformingArts,i.e.,the Palladium,the Studio Theater,the Tarkington,along with related support spaces/function rooms.However: o The catering arrangement does not apply to backstage catering/hospitality requirements for artists or related production/technical staff. o The catering agreement does notapplytosmall business-related board orstaffmeetings. o The catering agreement does not apply to private events in private office space/retail space within the James Building. e. The preferred caterers agree to honor all previous food and beverage promotional agreements between the Center and local performing arts groups and/or third party vendors. For instance,(a local producing company) has a marketing agreement wherein (a grocery store chain) provides food and beverages free of charge in exchange for promotional consideration.The Center further retains the right to permit each of its local artistic groups/companies to negotiate similar food and beverage agreements with third party vendors.Under these provisions for food and/or beverages that are 100% donated, one such donated catered function may be scheduled durineeach production run. f. Notice of such a proposed donation must be received by the Centerbv no later than ten (10) business days prior to the event date so that properforms/notices may besubmitted forrequired liquorcontrol approval. g. Approval from local/state liquor control for any proposed donated alcoholic beverages must be channeled through the Center's Director of Event Sales, Laura Varnau;Tel.317-819-3521; Email:IvarnauCEDTheCenterPresents.orE h. In the event that food is donated,but beverages are not,then all arrangements for beverages must be channeled through Lisa Hillard, Beverage and Concessions Managerforthe.Center.lhi[lard Othecenteroresents.ore. I have read and understand the policies in Exhibit E-6m 19 of 22 Exhibit F Schedule of Event(s) Venue:The Tarkington Facility Rental Client: City of Carmel Event:MLK,Jr. Program No otherevent(s)maybe substituted without the priorwritten consent of The Center. Date(s):1/20/19-1/22/19,Load-in through Load-out Published Event start-time(in Theater):6:00 PM 20 of 22 EXHIBIT G CONFIRMATION Tuesday,December 11,2018 Reservation: account-237-1091-10290 Group: City of Carmel Event Name: MLK,Jr.Program One Civic Square Event Date: 1/20/19-1/22/19 Carmel,IN 46033 Estimated Attendance: 0 ATTN: Kelli Prader Thankyou for booking at the Center for the Performing Arts! Booking Details c7-7 -�ental$pace 5 in 1/20/19 Tarkington Theater $0.00 1/21/19 Tarkington Theater $2,250.00 1/22/19 Tarkington Theater $0.00 Rental Total $2,250.00 Front of House Items Quantity Price Cost House Manager 1 x 3.5 Hour(s) $23.00/Hour(s) $80.50 Front of House Services Total $80.50 Lpr, z �� i. Items Quantity Price Cost Lead Audio Engineer Double Time 1 x 8Hour $90.00/Hour $720.00 Lighting Director Double Time 1 x 8Hour $90.00/Hour $720.00 Production Supervisor 1 x 4Hour $45.00/Hour $180.00 4hourminimum Production Supervisor 1 x 4Hour $45.00/Hour $180.00 4-hourminimum Production Supervisor Double Time 1 x 8Hour $90.00/Hour $720.00 Stagehand 4 x 4Hour(s) $25.00/Hour(s) $400.00 Stagehand 4 x 4Hour(s) $25.00/Hour(s) $400.00 Video Technician 1 x 4Hour $45.00/Hour $180.00 4hourminimum Video Technician 1 x 4Hour $45.00/Hour $180.00 21of22 4-hourminimum Video Technician Double Time 1 x BHour $90.00/Hour $720.00 Production Total $4,400.00 TOTALS Subtotal $6,730.50 Total Tax $0.00 Grand Total $6,730.50 First deposit of$1000 due with signed contract. Second deposit(remaining balance) due 10 business days before event. Please make checks payable to The Center forthe Performing Arts and mail to: 1 Center Green,Carmel,IN 46032,Attention: Laura Varnau,Director of Event Sales. To pay by credit card,call Laura at(317) 819-3521. 22 of 22