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Home My WebLink About209136 05/22/2012 CITY OF CARMEL, INDIANA VENDOR: 00353387 Page 1 of 1 ONE CIVIC SQUARE FAMILY TIME ENTERTAINMENT, INC CHECK AMOUNT: $400.00 CARMEL, INDIANA 46032 8485 W WASHINGTON STREET SUITE #9 INDIANAPOLIS IN 46231 CHECK NUMBER: 209136 CHECK DATE: 5/22/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1081 4340800 4107A 400.00 ADULT CONTRACTORS APR 18 2012 amilyTime Entertainment, Inc. 8485 West Washington Street Suite #9 Indianapolis, IN 462 7- 850 -1511 Carmel Clay Parks Recreation Contract Invoice with Purchase FamilyTime Entertainment, Inc. Description Ontract Date: th P.O.# PorF G.L. et #:4107 A Pudaet nvoice 41.07 A Line bescr Purchaser Date This Agreement is entered into on this date by and betwbewval Date FamilyTime Entertainment, Inc. and Carmel Clay Parks Recreation 1. Services Provided: Two Pirate Shows with Paul Odenwelder 2. Client or Purchaser: Carmel Clay Parks Recreation 3. Booked by: Tiffany Buckingham 4. Event Location: 10:30 Cherry Tree 1:00 pm College Wood 5. Event Dates Times: May 7 th 2012 10:30 am 1:00 pm 6. Contract Fee: A Total of $400.00 7. Payable Term .00 to FamilyTime Entertainment to be mailed by May 7 8. ve on ac an one um FamilyTime Office: 317- 635 -7770 Mike King Cell (Manager of FamilyTime Entertainment): 317 -850 -1511 Paul Odenwelder Cell (Entertainer): 317 -650 -8575 Tiffany Buckingham (Purchaser): 317 -698 -6579 9. Contract is subject to the following terms and conditions: Future engagements of above named artists for this client must be made solely through FamilyTime Entertainment for a period of 18 months. This Contract is pay or play and noncancellable. Inclement weatlter does not alter the terms of this contract. The above talent is an independent contractor and assumes all responsibility for witltholding tax, social security, and all outer taxes. Balance payments that are received late are assessed a 10% late fee. Contracts not paid in full within 30 days of due date will be assessed an additional 10% late fee 10. Special Notes: None 11. This document serves as Contract Invoice for the Event For FamilyTime Entertainment, Inca Carmel Clay Parks Recreation ADDITIONAL TERMS CONDITIONS FamilyTime Entertainment, Inc. Contract 1. CANCELATION (A)Retum of Deposit- In the event of illness or other physical or emotional impairment of Artist or accident to Artist, or if Artist's performance contracted,for herein is prevented, rendered impossible or cancelled by civil tumult, labor unrest or strike, epidemic interruption in or of daily transportations services, war conditions, emergencies, overriding obligation, professional responsibility, any act or regulation of any public authority bureau or any cause beyond the control of Artist or FamilyTime Entertainment, Inc. FamilyTime Entertainment may replace Artist with a comparable artist that is reasonably acceptable to Client. If a replacement artist cannot be found or is unacceptable to Client, any amount of the Contract Price or Deposit paid by Client shall be returned to Client, and neither FamilyTime Entertainment nor Client shall make any claim for damages, losses or expenses nor have any further obligation hereunder. (B)Full Payment- In the event that Artist is unable to perform as contracted herein or if such performance is prevented, rendered imp ossible or infeasible or canceled b y an act of_o.mission_or Client, iriclUding but not limite`d the failure of Client to provide a safe, alternative location in the event of inclement weather, Client shall remain obligated to pay the full Contract Price to FamilyTime Entertainment as. set forth herein. (C)Dispute If Client and FamilyTime Entertainment disagree regarding the possibility and feasibility of Artist's contracted performance, FamilyTime Entertainment, Inc.'s determination shall prevail. 2. NON LIABILITY OF FAMILYTIME ENTERTAINMENT, INC It is expressly agreed that FamilyTime Entertainment acts herein as consultant and broker for Client and is not and shall not be responsible of any act of commission or omission on the part of Client or Artist, and it is further agreed that Client shall not name or join FamilyTime Entertainment, Inc. as a party in any civil action or suit arising out of, in connection with or related to any way to acts of commission or omission by Artist or Client and Client shall defend, indemnify and hold harmless from-any liability, cost or damage (including attorney's fees) incurred by FamilyTime Entertainment arising out of, in connection with or related in any way to acts of commission or omission by Client. 3. RECORDING or REPRODUCTION The recording, reproduction, video taping, filming or transmission of any performance contracted herein is prohibited without prior written consent from the Artist. Client shall defend, indemnify, and hold FamilyTime Entertainment harmless from any liability, cost, or damage (including attorney's fees) incurred by FamilyTime Entertainment, Inc. arising out of, in connection with or related in any way to acts of commission or omission by Client. 4. BREACH of AGREEMENT If either FamilyTime Entertainment of Client commits any breech of this Agreement, the breaching party shall be liable to the non breaching party for all damages suffered, including but not limited to, lost commissions, other related expenses, special or c q Lial -d ges7c -st ^o ton at y_ _ees_- d r r�t_co tc_ ou ttemp i g -co ^tee ::c u ama terse 's f ten.. -�o 11 s.., ir!.,..rred -'r -a t�n to either enforce this Agreement, recover damages or collect any judgment imposed by a court of competent jurisdiction with respect to this Agreement. 5. SEVERABILITY PROVISION If any provision or provisions of this Agreement are determined to be void or unenforceable, the remaining provisions hereof shall remain in full force and effect. 6. AUTHORITY to EXECUTE The person executing this Agreement on Client's behalf warrants his her authority to do so and his her authority to bind Client, and such person hereby assumes personal liability for the payment of said Contract Price in Full if not so authorized. 7. CHOICE of LAW This Agreement shall be governed by and construed under the laws of the State of Indiana. Any suit commenced with respect to, or in any way arising out of or related to this Agreement shall be maintained only in state court or Federal District Court sitting in Marion County, Indiana. By executing this Agreement, Client expressly (a) consents and submits to personal jurisdiction of such Indiana and Federal Courts, (b) waives any claim of defense that Marion County, Indiana is not the proper or convenient venue and (c) consents to the service of processing any manner authorized by Indiana law. ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of bill to be properly itemized must show; kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. 00353387 Family Time Entertainment, Inc. Terms 8485 W Washington Street, Ste 9 Indianapolis, IN 46231 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 4/16/12 4107A Program Flex Day Camp CT CW 5/7/12 30681 400.00 Total 400.00 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer Voucher No. Warrant No. 00353387 Family Time Entertainment, Inc. Allowed 20 8485 W Washington Street, Ste 9 Indianapolis, IN 46231 In Sum of 400.00 ON ACCOUNT OF APPROPRIATION FOR 108 ESE PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1081 -99 4107A 4340800 400.00 1 hereby certify that the attached invoice(s), or 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 17 -May 2012 I Signature 400.00 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund I