HomeMy WebLinkAboutCenter for the Performing Arts/CRED/$3,033.25/Facility Rental AgreementFacility Rental Agreement - Non-TicketedFacility Rental Agreement - Non-Ticketed
Facility Rental Agreement, dated as of Friday, July 14, 2023Friday, July 14, 2023, between the Center For The Performing Arts, Inc. (the "Center"), and City of CarmelCity of Carmel (the
"Rental Client") for the purposes of holding the event MLK Jr Day ProgramMLK Jr Day Program in the Tarkington Lobby, Tarkington Theater Tarkington Lobby, Tarkington Theater taking place on Thursday,Thursday,
January 11, 2024January 11, 2024. The Rental Client having its principal location for the transaction of business at One Civic Square, Carmel, IN 46033One Civic Square, Carmel, IN 46033 with the below
representative serving as the main agent for this Agreement:
Contact: Contact: Marissa Kay
Telephone Number: Telephone Number: 317-618-2799
Email: Email: mkay@carmel.in.gov
This Agreement consists of the text of this Agreement and each of the following:
Exhibit A – General Rules & Policies of the Center
Exhibit B – Marketing & Advertising Policies
Exhibit C – Production Policies
Exhibit D – Catering and Bar Service Policies
Exhibit E – Cancellation Policy
Exhibit F – Schedule of Events
Exhibit G – Preliminary Cost Estimate
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 Rental Client. Any of Exhibits A through EExhibits A through E may be amended by the Center at any time by giving the Rental Client at least two (2) weeks'
advance notice of the change. Exhibits F and GExhibits F and G may be amended only by the mutual written agreement of the Center and the Rental Client.
NOW, THEREFORE, whereas the Rental Client desires to host an Event at the Center and the Center is willing to permit the Rental Client to use the
Facilities (as defined below) for that purpose upon the terms and conditions set forth in this Agreement, in consideration of the mutual covenants
and agreements set forth herein, the parties hereby agree as follows:
1. SCHEDULE OF EVENTS & USE OF THE FACILITIES.
(a) Schedule of Events.Schedule of Events. The Rental Client will have the right to use the Palladium, the Tarkington and/or the Studio Theater ("Theater(s)" or
"Venue") as specified on the Schedule of EventsSchedule of Events attached hereto as Exhibit F Exhibit F (the "Schedule of Events"), solely for the purpose of hosting the
Event MLK Jr Day Program MLK Jr Day Program described on the Schedule of EventsSchedule of Events on the date(s) specified thereon. None of the Events, dates or other aspects
described on the Schedule of EventsSchedule of Events may be substituted or otherwise changed without the mutual written agreement of the Center and the
Rental Client.
(b) Use of The Facilities.Use of The Facilities. The Rental Client's right to use the Venue includes the rental space(s) noted above and such mechanical, electrical and
stage equipment as is located in the Venue (collectively, the "Facilities").
Nothing in this Agreement gives the Rental Client any leasehold interest or other exclusive possessory rights and the Center and/or REI Property
Management will retain control of the Facilities at all times.
The Rental Client 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 Rental Client shall not place any permanent signage (plaques, seat names, etc.) in the Building at any time. The Center retains all naming
rights for any and all portions of the Building.
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The Rental Client may not use any portion of the Facilities for any purpose other than expressly granted herein in connection with the Event
without the prior written consent of the Center, and upon the terms and conditions agreed to by the Center. The Rental Client shall not
authorize or engage with an external party to rent or use the Facility during the Event. All external parties should be directed to the Center's
Events Department.
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 Rental Client or used for any purpose other than ingress and egress to and from the Facilities.
Notwithstanding anything else herein to the contrary, if any Event shall, in the sole judgment of the Center, be prevented, interrupted or
interfered with by severe weather, a crime, action or declaration by the police or other public authorities, pandemic, epidemic, 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 or
stop any Event without any advance notice to the Rental Client, to turn off the lights and heat or air conditioning in the Building and to dismiss
the attendees.
(c) Duration of Event.Duration of Event. The Event will consist of the period between "Load-In" through the completion of "Load-Out" for each Event as specified
on the Schedule of EventsSchedule of Events. All Events, including production, tech, rehearsals and/or ancillary activities, will be scheduled at such times that are
mutually agreed upon between the Center and the Rental Client. The Rental Client may arrange with the Center to use the Facilities at such
reasonable times that will not conflict with other uses which the Center may desire to make of the Facilities.
(d) Center Rules and Policies.Center Rules and Policies. The Rental Client's obligations, responsibilities and actions under this Agreement are subject to the Center's rules
and regulations, including those set forth Exhibits A through EExhibits A through E attached hereto or as otherwise delivered to the Rental Client in writing from time
to time.
2. FEES & PAYMENTS.
(a) Preliminary Cost Estimate. Preliminary Cost Estimate. In exchange for the use of the Facilities and the services to be provided by the Center under this Agreement, the
Rental Client will pay to the Center the fees and costs set forth on the Preliminary Cost EstimatePreliminary Cost Estimate attached hereto as Exhibit GExhibit G (the "Cost
Estimate").
(i) Any total amounts for variable costs set forth on the Cost EstimateCost Estimate 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.
(b) Advance Deposit(s).
(i) Prior to the Event, the Rental Client will pay to the Center a non-refundable, non-transferablenon-refundable, non-transferable deposit as outlined on the Cost EstimateCost Estimate
(the "Deposit"). The Deposit will be credited against the final invoice described below.
(ii) Unless otherwise arranged, the balance as itemized on the attached Cost EstimateCost Estimate is hereinafter referred to as "the Second Deposit" and
shall be payable no later than ten (10) business days prior to the "Load-In" date of event.
(c) Payments. Payments. All amounts payable by the Rental Client hereunder shall be due and payable within thirty (30) business 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 or off-set whatsoever. Unless otherwise specified in writing, invoices not paid within 30 days will accrue interest at
1.5% per month.
(d) Cancellation Policy.Cancellation Policy. In the event that any confirmed date(s) as listed on the Schedule of EventsSchedule of Events are cancelled or postponed by the Rental
Client, the Rental Client shall be subject to the terms listed in Exhibit EExhibit E ("Cancellation Policy.")
3. PRODUCTION SERVICES; STAFFING AND PERSONNEL POLICIES.
(a) Control of Facilities. Control of Facilities. The Center's President/CEO and/or Vice President of Events and/or other designated staff members of the Center
and/or REI Property Management will be in control of the Facilities at all times.
(b) A duly authorized representative of the Rental Client must be present at the Facilities at "Load-In" of the Event through the conclusion of
Event.
(c) Stage Crew and Attendant Services. Stage Crew and Attendant Services. All work in connection with any Event must be done under the supervision of, and with the prior
approval of, the Center and the expense of such work will be borne solely by the Rental Client, except as may be otherwise set forth on CostCost
Estimate.Estimate. All attendant services will be furnished by the Center, at the sole expense of the Rental Client, except as may be otherwise set forth on
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the Cost EstimateCost Estimate. The Center will make all arrangements with and negotiate with all attendant services providers or their 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 Event will be payable by the Rental Client, except as may be
otherwise set forth on the Cost EstimateCost Estimate. The Center reserves the right to determine crew sizes and work schedules in order to maintain the
safety and professional standards of the Center. The Rental Client will comply with the "Meal Break Policies" and other policies set forth in the
Exhibit CExhibit C ("Production Policies") attached hereto.
(d) Front of House Staffing and Security.Front of House Staffing and Security. The Center reserves the right to assign all or a combination of the following services to be charged to
the Rental Client (except as may be otherwise set forth on the Cost EstimateCost Estimate): House Manager, Event Manager, Ushers and Security which may
include a uniformed police officer. The cost for these services will depend upon staff level needs and the service company(s) employed.
Overtime will be charged for employees working more than eight (8) hours.
(e) Rental Client Responsible for its Representatives. Rental Client Responsible for its Representatives. The Center will not be responsible for the Rental Client's Representatives or others under
the Rental Client's control and the Rental Client hereby assumes all responsibility and liability for such persons under all applicable federal,
state, and local laws, including, but not limited to those relating to taxes, withholding, unemployment compensation or insurance, social
security, workers' compensation, disability benefits, employment of minors, employment of individuals requiring visas or working permits.
(f) Overtime/Double-Time Policy: Overtime/Double-Time Policy: Overtime shall be calculated based on actual hours worked in a day/week and not based upon the four-hour
minimums in place. After an employee works more than eight (8) hours in a day or forty (40) hours in a week, any additional hours will be
charged at the overtime rate. Any hours worked between 1 a.m. and 7 a.m. shall be charged at the applicable double-time rate. Because holidays
are not usual and customary event days, any labor so incurred shall be billed at the double-time rate. Holidays include: New Year's Day, Martin
Luther King, Jr. Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Wednesday, Thanksgiving Day, Thanksgiving Friday,
Christmas Eve, Christmas Day and New Year's Eve.
4. INTELLECTUAL PROPERTY RIGHTS.
(a) Rental Client Responsible. Rental Client Responsible. The Rental Client will be solely responsible to obtain all necessary rights and pay all costs arising from the use of
patented or copyrighted materials, equipment devices, processes of dramatic rights used or incorporated in the conduct of each Event in
connection therewith. The Rental Client will be solely responsible for obtaining any and all necessary public performance rights and/or pay
licensing/royalty fees for any and all performances (e.g., licensed theatrical performance rights and/or licensed concert performance royalties
such as ASCAP, BMI, SESAC). The Rental Client will secure, at least fifteen (15) days prior to each production run, any and all consents, licenses,
certificates, permits that may be required for any Event and/or for use of any motion picture, television, radio broadcasting or recording, and/or
for use of machines or equipment in connection therewith. The Rental Client will indemnify the Center for all Losses (as hereinafter defined) that
may be incurred by the Center or any other person in connection with any of the foregoing, as provided for in Section 5Section 5 below.
(b) Recording or Broadcasting of Events. Recording or Broadcasting of Events. 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 Rental Client will be
permitted; provided, however,provided, however, that 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.
5. LOSSES OR DAMAGE; INDEMNITY; ETC.
(a) Standard of Care; Compliance with Laws and Regulations Standard of Care; Compliance with Laws and Regulations. The Rental Client will use the Facilities and conduct all of its activities in
connection with the Event 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 Rental Client or its representatives, contractors, invitees or licensees
(collectively, the "Rental Client 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 Rental Client Representative, including any person admitted to the
Building for the Event.
(b) The Rental Client will be responsible to cause all Rental Client 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 Rental Client Representatives will not engage in any activity or take any action that
would adversely affect the insurance coverage or the rating for insurance for the Building, or which would result in a breach of any union
contract or labor agreement covering any person or persons performing work, labor, or providing services at the Building.
(c) Insurance. Insurance. The Rental Client 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 (or such other amount as the parties may otherwise agree). Not later than fifteen (15)
days prior to the Rental Client's first use of the Facilities, the Rental Client must deliver to the Center a current certificate of insurance
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demonstrating that the foregoing insurance is in place and naming the Center For The Performing Arts the Center For The Performing Arts and the City of Carmelthe City of Carmel as additional
insured.
Click this link to apply for a Certificate of Insurance: https://www.theeventhelper.com#u8VPaZhttps://www.theeventhelper.com#u8VPaZ
(d) Licenses and Permits. Licenses and Permits. In addition, the Rental Client will obtain from the City of Carmel, Indiana, any other necessary governmental or
regulatory bodies any licenses or permits that may be required in connection with the Event and will deliver copies to the Center at least fifteen
(15) days prior to the Rental Client's first use of the Facilities.
(e) Indemnity. Indemnity. The Rental Client 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 of or based upon:
(i) any breach of this Agreement by the Rental Client or any Rental Client Representative;
(ii) any bodily injury (including death) or property damage in or about the Building caused by any act or omission of the Rental Client or
any Rental Client Representative;
(iii) the use of any intellectual property by the Rental Client as provided for in Section 4Section 4 above; or
(iv) any other act done, omission, or words spoken by the Rental Client or any Rental Client Representative.
(f) Offset Rights. Offset Rights. Without limitation of the Center's other rights and remedies, the Rental Client agrees that the Center may withhold and retain
the Deposit any Losses incurred by the Center and for which the Rental Client is responsible hereunder.
(g) Liability of the Center. Liability of the Center. The Rental Client agrees that, except as set forth in Section 6(d)Section 6(d) below, neither the Center nor any of its directors,
officers, employees, affiliates, agents and other representatives, shall have any liability to the Rental Client, any Rental Client Representative or
any other person in any way relating to or arising out of the Event or the matters to which this Agreement relates, except to the extent that it
shall have been finally determined that the same resulted from the Center's own gross negligence or willful misconduct.
6. DEFAULT AND TERMINATION.
(a) This Agreement may be terminated:
(i) by the Center, if the Rental Client 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 Rental Client ceases to conduct its business, liquidates or dissolves, becomes subject to any bankruptcy or other
insolvency proceeding, or is known to be experiencing insolvency or material credit issues in the course of its business with other creditors;
(iii) by the Center, if the Rental Client's actions or inactions with respect to securing rights of any kind or nature to conduct the Event create
any actual or potential liability for the Center.
(iv) by either party, if the Facilities or Building are destroyed, severely damaged or otherwise rendered unfit for Events for any reason other
a breach of the Agreement by the terminating party
(b) In addition, if any Event shall, in the sole judgment of the Center, be prevented, interrupted or interfered with by severe weather, a crime,
action or declaration by the police or other public authorities, pandemic, epidemic, 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 terminate this Agreement either in its entirety or with
respect to the affected Events.
(c) In the event of any termination of this Agreement pursuant to Section 6(a)Section 6(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 either of the parties hereto.
(d) If this Agreement is terminated, all rights of the Rental Client to use the Facilities for the Event or part thereof affected will immediately
cease and the Center will have the right to license the use of the Facilities for other purposes.
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(e) No termination of this Agreement will relieve the Rental Client from liability for any breach of this Agreement which occurred prior to such
termination or will terminate the Rental Client's indemnification and other obligations under Section 6Section 6 hereof. If this Agreement is terminated
by the Center pursuant to Section 6(a)(i), (ii) or (iii),Section 6(a)(i), (ii) or (iii), the Rental Client will remain liable to the Center for all Losses caused thereby.
(f) If this Agreement is terminated by either party pursuant to Section 6(a)(iv)Section 6(a)(iv) or by the Center pursuant to Section 6(b)Section 6(b), then the Center will
refund a pro rata portion of any fees previously paid by the Rental Client pursuant to the terms of this Agreement applicable to the cancelled
Event, and the Center shall have no further liability hereunder or otherwise. In no event will the Center be responsible for any consequential,
incidental or indirect damages, lost profits, special or exemplary damages or other similar damages of any type.
(g) Neither the Center nor the Rental Client 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 6(b)Section 6(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 public enemy,
acts of sabotage or any other circumstances for which it is not responsible or which are not within its reasonable control.
(h) No failure or delay on the part of either party hereto in the exercise of any right hereunder shall impair such right or be construed to be a
waiver of, or acquiescence in, any breach of any covenant or agreement herein, nor shall any single or partial exercise of any such right preclude
other or further exercise thereof or of any other right. Except as otherwise set forth in Section 6(f)Section 6(f), all rights and remedies existing under this
Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
7. FORCE MAJEURE
Force Majeure clause shall provide protection to both Rental Client and Center in the event that the Event is prevented due to an Act of God /
"Force Majeure Event" beyond the reasonable control of a Party to this agreement. If such bona fide "Force Majeure Event" conditions exist, then
each party shall be relieved of its obligations hereunder with respect to the Event so prevented on account of such cause. If such is the case,
neither the Rental Client nor the Center shall be under any obligation to present the Event at a different time, except that upon mutual
agreement of parties, the Rental Client shall use its best efforts to re-schedule the Event within a 12-month period on the same terms and
conditions set forth herein, subject to Rental Client's availability and Venue's available dates.
"Force Majeure Event""Force Majeure Event" shall mean any one or more of the following acts or conditions that make any Event by Rental Client contemplated by
this Agreement impossible, infeasible or unsafe:
Acts of God; act(s) or regulation(s) of any public authority or bureau; pandemic, epidemic; civil tumult; act(s) of the public enemy; act(s) or
threats of terrorism; insurrections; riots or other forms of civil disorder in, or around, the Event venue; embargoes; labor disputes (including,
without limitation, strikes, lockouts, job actions, or boycotts); fires; explosions; floods; shortages of energy or other essential services; failure of
technical facilities; failure or delay of transportation; death, disability, illness, injury or other similar or dissimilar causes beyond the control of
Rental Client which make any Event contemplated by this Agreement impossible, infeasible or unsafe.
8. MISCELLANEOUS AND GENERAL.
(a) Miscellaneous 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 other
agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
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 respect to certain Exhibits).
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective 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. Any action brought by either party relating in any way to this
agreement shall be brought in the state court located in Hamilton County, Indiana.
In the event that it becomes necessary for any party to bring legal action against to enforce this agreement or any provision thereof, the
prevailing party shall be entitled to recover the reasonable costs and attorney's fees incurred by the party in enforcing this agreement.
This Agreement may be executed in the original or by fax or electronic transmission of a .PDF file containing an executed signature page, in any
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number of counterparts, each of which will be deemed to be an original and all of which together will constitute one and the same instrument.
(b) No Assignment by Rental Client.No Assignment by Rental Client. The Rental Client may not assign or delegate this Agreement or any interest therein to any other person
without the prior written consent of the Center in its discretion.
(c) Independent Contractors. Independent Contractors. The Center and the Rental Client are independent contractors and neither this Agreement nor any act of the
parties hereto shall be construed as creating or establishing a partnership, joint venture or association of any type between the Center and the
Rental Client.
(d) Notices. 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 fax number
specified below with follow-up telephone confirmation of receiptwith follow-up telephone confirmation of receipt (or at such other address or fax 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 Vice President of Event Production, at the
Center For The Performing Arts, 1 Carter Green, Carmel, Indiana 46032, fax number: (317) 574-1862; and (b) if to the Rental Client, to the Rental
Client at its address for notices set forth in the Schedule of EventsSchedule of Events.
Notice Sent by Email Shall be Accepted, in Accordance with, and Subject to the Following Policy. Notice Sent by Email Shall be Accepted, in Accordance with, and Subject to the Following Policy. Electronic Transmission of Notice by email shall
require an Acknowledgement of Receipt by the receiving party for such transmission to be considered to have been delivered. An
Acknowledgement of Receipt may be in the form of an email reply, or other such written notice. Such Acknowledgement of Receipt shall be
made by recipient without undue delay; however, it remains the Sender's responsibility for any follow- up action that may be necessary to
ensure that such Electronic Transmission of Notice has actually been received by the intended party. In any case, the absence of an
Acknowledgement of Receipt shall be deemed to mean that such Electronic Transmission of Notice was not received.
(e) Confidential Information. Confidential Information. The Rental Client agrees that this Agreement and the terms hereof shall be kept strictly confidential by the Rental
Client and neither the Rental Client nor Rental Client Representative(s) 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 Rental Client shall first advise the Center of such requirement and the parties will
work together to limit the scope of such disclosure).
(f) Binding Agreement. 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 Rental Client and any required Deposit has been duly received by the
Center on or prior to the "Due Date" as set forth in the Cost EstimateCost Estimate.
(g) Waiver of Jury Trial. Waiver of Jury Trial. Each party hereto hereby irrevocably waives any right to have a jury participate in resolving any suit, action or
proceeding arising out of or relating to this Agreement or any of the transactions contemplated hereby.
(h)IRS Form W-9. IRS Form W-9. In the event a refund is due to Rental Client, the Center will require Rental Client to have a current IRS Form W-9 on file.
(i) Sales Tax Exemption. Sales Tax Exemption. If Rental Client 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.
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EXHIBIT A
General Rules & Policies of the CenterGeneral Rules & Policies of the Center
a. Rental Client, Rental Client Representatives, and all guests attending the events will be required to follow the Center's policies for safety and
health including, but not limited to, COVID-19 protocols in place at the time of the event.
b. The Center is a non-smokingnon-smoking facility in all areas.
c. Beverages may be consumed within the Theater(s) or Venue; however, no food may be consumed in the Theater(s) or Venue unless
previously approved or sold by the Center.
d. The Rental Client agrees that it will not practice, advocate or permit discrimination and admission to and seating for all Events will be
without regard to race, color, age, sex, sexual orientation, religion, national origin, disabilities, or any other unlawful discriminatory
standard.
e. No collections or solicitations may be made in or about the Building by or on behalf of the Rental Client without the express written consent
of the Center.
f . 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 food, beverages, and services during the Event.
g. The Center may, in its sole discretion, allow the Rental Client 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 Rental Client
to remit applicable sales taxes/corresponding reports to the appropriate taxing authorities. A revenue split will be as follows:
i. Soft Goods: 80% to Rental Client, 20% to the Center
ii. Recorded Media: 90% to Rental Client, 10% to the Center
h . The Center, or any person authorized by the Center, may at any time and from time to time during the Event 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 this Agreement or conflict with any policies/restrictions of REI Property Management.
i. Photographs taken at the Venue for personal use are permitted. All photographs that will be submitted for publication require the prior
written approval of the Center.
j. Rental Client must provide advance notice to the Center regarding delivery and pick up schedules for items and services not contracted
through the Center. All associated costs will be the responsibility of the client. The Center is not responsible for items ordered outside of
Agreement or for ensuring safety of said items. Items may be delivered between 9 a.m. and 5 p.m. Monday – Friday. All items carried into or
out of the Theater(s) or Venue are subject to inspection by the Center. Client must provide contact information for all outside vendors no
later than ten (10) days prior to event.
k. Rental Client must obtain approval from the Center for all decorations, including placement, before the event. All décor and signs must be
freestanding. All décor shall be removed by the Rental Client immediately following the Event. The Center will not be responsible for décor
left after the Event. Violation of this provision shall result in a mandatory $500 cleaning fee to be paid by the Rental Client.
I have read and understand the policies on Exhibit A I have read and understand the policies on Exhibit A ___________ ___________
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EXHIBIT B
Marketing & Advertising PoliciesMarketing & Advertising Policies
a. Promotional material is subject to general review by the Center's Director of Marketing to 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). Said review shall be completed prior to proposed use of said materials, and references therein to the Center may be
abridged, modified or rejected by the Center at its discretion without liability to Rental Client.
b. Rental Client may design and print an Event program solely at Rental Client's cost and expense. Any such program shall be subject to review
and approval by the Center as provided for above.
c. The name(s) "The Center For The Performing Arts," "The Palladium," "The Tarkington," and/or "The Studio Theater" may not be
incorporated as part of the Event title billing of any performance, event, or work performed, without express written permission of the Center.
d. Event title billing may not contain any Rental Client sponsor.
e. Posting of Materials (Restrictions/Penalties):
(i) No signs, posters, cards, banners, flags, or decoration may be posted or displayed in, on, or about the Building without the express
prior consent of the Center.
a. Brochures, handbills, literature or other promotional material for which permission is granted may be displayed in specified
rack location(s) in the Box Office lobby and in such a manner as may be specified by the Center. The Rental Client is solely
responsible for maintenance/restocking of these materials. Outdated materials will be subject to removal at the discretion of
the Center.
b. If a poster or any other item is attached to a door/wall or any other interior/exterior surface with tape or other adhesive
material resulting in damage, the Rental Client will be responsible to pay the full contractor cost for the complete and proper
repair of the damage. A damage escrow in an amount sufficient to cover any estimated repair costs may be withheld from the
deposit and/or ticket sales proceeds. Any applicable damage charges will be deducted from the amounts held in escrow and the
remainder will be paid to the Rental Client promptly after the completion of all repairs.
I have read and understand the policies on Exhibit BI have read and understand the policies on Exhibit B
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EXHIBIT C
Production PoliciesProduction Policies
a.Prior to each Event "Load-In," meeting(s) with the Center's Production Department are mandatory, unless this requirement is waived by the
Center's Director of Production. Such meetings must occur a minimum of seven (7) days prior to "Load-In."
b.Because holidays are not usual and customary event days, any labor so incurred shall be billed at the double-time rate. Holidays include:
New Year's Day, Martin Luther King, Jr. Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Wednesday, Thanksgiving
Day, Thanksgiving Friday, Christmas Eve, Christmas Day and New Year's Eve. Violation of the 5-hour production labor rule will result in twice
the double-time rate.
c.Production Equipment: Production Equipment: Production equipment may be operated only by personnel approved by the Center. The Rental Client will not permit
any of its Representatives to use or operate any equipment of the Center without the Center's prior consent including, without limitation,
sound, rigging, lighting, stage lifts, catwalks, and tools. The Event space is available for assembly, but construction and painting are not
permitted on site. The Rental Client will be solely responsible for the cost of repair or replacement of any equipment damaged by the Rental
Client's Representatives.
d.Rental Client Equipment:Rental Client Equipment: If the Rental Client supplies any of its own equipment, the Rental Client is solely responsible for the functionality
and compatibility of its equipment. Any wireless gear must comply with applicable laws and regulations regarding available frequencies for
entertainment use. In addition, all connections/adapters/rack snakes, etc., which are needed to interface properly with the Center's house
systems, must be supplied by the Rental Client. The Center will not be responsible for the setup, maintenance, troubleshooting or repair of
any of the Rental Client's equipment.
e.The Center reserves the right to refuse in any and all locations the use of any equipment, materials or other items that are deemed not to be
safe, appropriate or suitable in the Center's sole discretion.
f .The following two (2) items are restricted from all Venues at the Center:
i.Pyrotechnics
ii.Open Flames
g.The following restrictions apply only to the Palladiumthe Palladium , and not the Tarkington or the Studio Theater:
i.Helium Balloons
ii.Confetti
iii.Glitter (On Backdrops)
iv.Bubbles (Machines)
v.Artificial Snow
vi.Silly String
vii.Screws, Nails, Bolts, and Drilling into Platform/Stage Surface
h .Five-Hour/Meal Break Policy:Five-Hour/Meal Break Policy: Unless the Center consents to the contrary, the Rental Client will not cause stagehands or other personnel
furnishing services to work during specified lunch and dinner hours or any part thereof. The house crew/technician(s) is to be given a meal
break no later than after each five (5)-hour period of work. The meal break may occur at a point earlier than five (5) hours; it may be
scheduled in accordance with the most efficient and cost-effective schedule that may be determined. There are two (2) optionstwo (2) options to fulfill the
meal break requirements:
One-Hour Meal Break with Personnel off the Time Clock:One-Hour Meal Break with Personnel off the Time Clock:
A one-hour meal break is to be given with the premise that the crew/technician will/may leave the premises for their "lunch hour."
Under this scenario, all work in the primary Event space must cease during the one-hour meal break period. If desired, company
personnel may remain on-site in the backstage support area rehearsal rooms/dressing rooms and continue activities in these areas
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only.
Note: In the event that there are two (2) Center crew members present on a work call, the meal break can offset. For example, Person
No. 1 would leave for their one (1)-hour meal break while Person No. 2 would stay on duty. Person No. 1 would break at four (4) hours
and Person No. 2 would break at five (5) hours upon the return of Person No. 1. In this scenario, work in the primary Event space
does not stop.
Thirty-Minute Meal Break with Meal Provided and Personnel Remaining on the Time Clock: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 that would be consumed on-site during a thirty (30)-minute meal break
period while they remain on the time clock. In other words, during the thirty (30)-minute period the person would be paid to eat the
meal provided for them.
If this option is chosen, work by Rental Client personnel may continue in the primary Event space during this period, with the
crew/technician essentially "on-call" during their meal break period in the event any emergencies or significant problems/issues
arise.
Note: Under this scenario, the Center will arrange for meal delivery for all crew on-call. All receipts for meals incurred during an
event will become part of the final invoice.
Five-Hour/Meal Penalties:Five-Hour/Meal Penalties:
If the meal break requirements as outlined above are not fulfilled, then a penalty scenario results in effective hourly charges that area penalty scenario results in effective hourly charges that are
two (2) times the prevailing rate two (2) times the prevailing rate (i.e. the prevailing labor rate charge plus the penalty assessed at 1x the prevailing rate).
Note that penalty rates stay in effect until a remedy is provided to end the penalty scenario.Note that penalty rates stay in effect until a remedy is provided to end the penalty scenario. In other words, the penalty is not just
one (1)-hour, rather, the penalty stays in effect until a sixty (60)-minute break is provided, or a thirty (30)-minute break with a meal is
provided.
I have read and understand all policies on Exhibit CI have read and understand all policies on Exhibit C ___________ ___________
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EXHIBIT D
Catering and Bar Service PoliciesCatering and Bar Service Policies
a.The Approved CaterersApproved Caterers for the Center are:
A Cut Above Catering, www.acutabovecatering.com
317 Charcuterie, www.317charcuterie.com
Jonathan Byrd's Catering, www.jonathanbyrds.com
Kahn's Catering, www.kahnscatering.com
Ritz Charles, www.ritzcharles.com
Sweet & Savory Catering, www.sweetsavorycatering.com
b.All food and beverages for events must be provided by separate agreement between the Rental Client and one of the above-listed Approved
Caterers. The Rental Client must arrange with chosen caterer to provide furniture, equipment, linens, tents and other items needed for the
ancillary event. Under no circumstance shall the Rental Client provide their own caterer. Caterer may require a minimum spend within the
contract.
c.Food must accompany alcoholic beverages at all events.
d.The catering agreement with all Approved Caterers covers all spaces within the entire campus of the Center: the Palladium, the Tarkington
and/or the Studio Theater, along with related support spaces/function rooms.
e.All arrangements for bar service must be directed to the Center's Director of Beverages, Lisa Hillard; Telephone: 317-819-3492, Email:
lhillard@thecenterpresents.org
f .In the event that beverages are donated, then approval from local/state liquor control for any proposed donated alcoholic beverages must
be directed to the Center's Director of Beverages. Handling and corkage fees will apply.
g.Catering and bar pricing subject to change.
h .For each bar requested, there will be a $250 bar set-up fee and a minimum expenditure of $500, exclusive of Indiana sales tax and service
charge in effect at the time of the event.
I have read and understand all policies on Exhibit D I have read and understand all policies on Exhibit D ___________ ___________
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EXHIBIT E
Cancellation PolicyCancellation Policy
a.In the event that any confirmed date(s) as listed on the attached Schedule of EventsSchedule of Events are cancelled or postponed by the Rental Client, then a
cancellation fee, as outlined below, shall be payable to the Center. Such cancellation notices must be provided in writing in accordance with
the provisions of Contract Section 8(d)Section 8(d).
b.In the event that any confirmed date(s) are cancelled or postponed by the Rental Client:
Six (6)Six (6) weeks prior to the first scheduled Event date, 25% of the total facility rent shall be due to the Center within ten (10) business
days of cancellation notice.
Four (4)Four (4) weeks prior to the first scheduled Event date, 50% of the total facility rent shall be due to the Center within ten (10) business
days of cancellation notice.
Two (2)Two (2) weeks or closer to the first scheduled Event date, 100% of the total facility rent and any subsequent cancellation fees for
third party vendor arrangements shall be due to the Center within ten (10) business days of cancellation notice.
I have read and understand all policies on Exhibit EI have read and understand all policies on Exhibit E ___________ ___________
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EXHIBIT F
Schedule of EventsSchedule of Events
Venue: Tarkington Lobby, Tarkington Theater Tarkington Lobby, Tarkington Theater
Facility Rental Client: City of CarmelCity of Carmel
Event: MLK Jr Day ProgramMLK Jr Day Program
DateDate HoursHours Space(s)Space(s)Function(s)Function(s)
1/11/2024 TBD Tarkington Lobby MLK Event
1/11/2024 TBD Tarkington Theater MLK Event
I have read and understand all policies on Exhibit FI have read and understand all policies on Exhibit F ___________ ___________
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EXHIBIT GEXHIBIT G
PRELIMINARY COST ESTIMATEPRELIMINARY COST ESTIMATE
Friday, July 14, 2023
Reservation: Reservation: 1091-237 Group: Group: City of Carmel
ATTN: ATTN: Marissa Kay
317-618-2799
mkay@carmel.in.gov
One Civic Square
Carmel, IN 46033
Description: Description:
Thank you for booking at the Center for the Performing Arts!
Booking / DetailsBooking / Details
MLK Jr Day Program MLK Jr Day Program
Thursday January 11 2024Thursday January 11 2024
Rental Space Rental Space
1/11/2024 Tarkington Lobby $0.00
1/11/2024 Tarkington Theater $2,250.00
DiscountsDiscounts (- $2,250.00)(- $2,250.00)
Rental TotalRental Total $0.00$0.00
LinensLinens
Date/Time Items Quantity Price Cost
1/11/2024 Black Poly Linen - 6' Banquet 4 $10.00/Each $40.00
Linens TotalLinens Total $40.00$40.00
Production-HospitalityProduction-Hospitality
Date/Time Items Quantity Price Cost
1/11/2024 Crew Meal During Event 1 $120.00/Each $120.00
Production-Hospitality TotalProduction-Hospitality Total $120.00$120.00
Production-VideoProduction-Video
Date/Time Items Quantity Price Cost
1/11/2024 Projector & Screen
(1) 12K Lumen Panasonic Laser DLP HD Projector(1) 7ʼ6” x 13ʼ Front Projection Screen(1) 10ʼ6” x 18ʼ6” Front Projection Screen
1 $2,000.00/Each $2,000.00
Production-Video TotalProduction-Video Total $2,000.00$2,000.00
Front of House ServicesFront of House Services
Date/Time Items Quantity Price Cost
1/11/2024 Event Coordinator 1.01.0 x 6 Hour $24.50/Hour $147.00
1/11/2024 House Manager 1.01.0 x 4.5 Hour $24.50/Hour $110.25
Front of House Services TotalFront of House Services Total $257.25$257.25
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ProductionProduction
Date/Time Items Quantity Price Cost
1/11/2024 Lead Audio Engineer 1.01.0 x 7 Hour $45.00/Hour $315.00
1/11/2024 Lead Video Engineer
Load INLoad OUT
1.01.0 x 8 Hour $45.00/Hour $360.00
1/11/2024 Lead Video Engineer
Load INLoad OUT
1.01.0 x 7 Hour $45.00/Hour $315.00
1/11/2024 Lighting Director 1.01.0 x 7 Hour $45.00/Hour $315.00
1/11/2024 Production Supervisor 1.01.0 x 8 Hour $45.00/Hour $360.00
1/11/2024 Production Supervisor 1.01.0 x 7 Hour $45.00/Hour $315.00
1/11/2024 Stage Manager 1.01.0 x 7 Hour $45.00/Hour $315.00
1/11/2024 Stagehand
Load INLoad OUT
2.02.0 x 8 Hour $33.00/Hour $528.00
DiscountsDiscounts (- (- $2,295.00)$2,295.00)
Production TotalProduction Total $528.00$528.00
SecuritySecurity
Date/Time Items Quantity Price Cost
1/11/2024 Security Guard 1.01.0 x 4 Hour $22.00/Hour $88.00
1/11/2024 Uniformed Police Officer 1.01.0 x 4 Hour $60.00/Hour $240.00
Security TotalSecurity Total $328.00$328.00
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$88.00
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GRAND TOTALGRAND TOTAL
DISCOUNTSDISCOUNTS
In-House Staff included in 1 of 4 comp rentals for 2024 (100 %) - $2,295.00
1 of 4 comp rentals for 2024 (100 %) - $2,250.00
Total Discount(s)Total Discount(s)(- $4,545.00)
SubtotalSubtotal $7,818.25
Total TaxTotal Tax $0.00
Grand TotalGrand Total $3,273.25$3,273.25
First deposit (non-refundable/non-transferable) of $1,000/day is due with signed contract.First deposit (non-refundable/non-transferable) of $1,000/day is due with signed contract.
Second deposit (remaining balance) due 10 business days before event.Second deposit (remaining balance) due 10 business days before event.
Please make checks payable to The Center for the Performing Arts and mail to: 1 Carter Green, Carmel, IN 46032, Attention: Ramona Adams, VicePlease make checks payable to The Center for the Performing Arts and mail to: 1 Carter Green, Carmel, IN 46032, Attention: Ramona Adams, Vice
President of Events. President of Events. To pay by credit card, call Ramona at (317) 819-3526.To pay by credit card, call Ramona at (317) 819-3526.
The Center for the Performing Arts will implement and adhere to COVID-19 Guidelines in place at the time of the Event.The Center for the Performing Arts will implement and adhere to COVID-19 Guidelines in place at the time of the Event.
Page Page 33 of of 33
$3,033.25
DocuSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE
8/30/2023
CENTER FOR THE PERFORMING ARTS, INC
ATTN: JEFF MCDERMOTT
CARMEL, IN 46032 -
110023
ONE CENTER GREEN
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
357616
UNIT PRICEDESCRIPTIONUNIT OF MEASUREQUANTITY
Page 1 of 1
80339
1203Department:101Fund:General Fund
43-590.03Account:
FACILITY RENTAL AND PROFESSIONAL SERVICES FOR
EVENT
1 $3,033.25 $3,033.25Each
$3,033.25Sub Total
$3,033.25
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
*SHIP PREPAID.
*C.O.D. SHIPMENT CANNOT BE ACCEPTED.
*PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
*THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
PAYMENT
* A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
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
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 110023
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Nancy Heck
Director
DocuSign Envelope ID: 56AA309B-2BAE-4646-8EE6-D86066D3C8AE