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HomeMy WebLinkAboutDAVE DUGAN -001820 -4/22/2011 CARMEL REDEVELOPMENT COMMISSION 001820 Dave Dugan Check: 1820 Date: 4/22/2011 Vendor: DAVEDUGA Prior Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid 041211 2,000.00 2,000.00 0.00 0.00 2,000.00 . performance 2,000.00 2,000.00 0.00 0.00 2,000.00 V PERFORMANCE AGREEMENT This Performance Agreement(the'Agreement"), is executed as of April 12 2011 (the °Effective Date"),by and between The City of Carmel Redevelopment Commission("CRC"),and Dave Dugan (the°Provider"). 1. Performance. Performer shall perform live musical entertainment(the'Performance")onY 17441 2011 (the Performance Date"),starting approx 745, PM to 830 PM, and shall be held at The Palladium (the°Venue"). Performer shall provide all equipment necessary or desirable for the Performance,except for standard audio equipment, lights,and staging, all of which shall be provided by CRC or the venue. Performer shall comply with: (a)all rules and regulations of the Venue applicable to all performers; and(b)all reasonable directives of CRC with respect to the Performance. 2. Payment. On the Performance Date, CRC shall pay to Performer$_2000 _(the"Payment").All amounts due under this Agreement by CRC shall be subject and subordinate to CRC's obligations pursuant to all: (a)bonds; and(b)installment contracts assigned to lenders to secure financing:whether first arising before or after the Effective Date." 3. Non-Performance. If the Performance is rendered impossible or infeasible by:(a)any cause within CRC's control,then CRC shall pay to Service Provider the full amount of the Payment;(b)any cause within the Performer's control,then Performer shall pay to CRC the amount of$250.00 as liquidated damages;or(c)any cause beyond the control of CRC or Performer,which shall include,without limitation,Performer's illness,then neither party shall pay any amount to the other on account of impossibility or feasibility of the Performance with exception"(d)";(d)in the event of inclement weather,the Performer is not required to provide services, but must be present to be paid in full. 4, Sales. CRC shall not sell tickets or charge admission to the Performance. On the Performance Date, Performer may sell Performer's merchandise at the Venue,and Performer shall retain all proceeds therefrom without contribution to CRC. 5. Relationship. Performer is not(and shall not be considered for any purpose to be)the employee of CRC or the City of Carmel, Indiana(the"City"). Performer shall indemnify and hold harmless CRC from and against all claims suits,judgments,liabilities, losses,costs,and expenses(including,without limitation,reasonable attorneys' fees and court costs)that result from any claim for wages, benefits, or otherwise by any agent, employee, or contractor of Performer. 6. Indemnity. Performer shall indemnify and hold harmless CRC from and against claims, suits,judgments, liabilities, losses, costs, and expenses(including,without limitation,reasonable attorneys'fees and court costs) that result from the Performance or the breach of this Agreement by Performer. 7. Assignment. Performer shall not assign this Agreement or any of its obligations hereunder. 8. Miscellaneous. The indemnities set forth herein shall survive the termination of this Agreement. This Agreement shall be governed by,and construed in accordance with,the laws of the State of Indiana. The invalidity or unenforceabitity of any term or condition of this Agreement shall not affect the other terms and conditions,and this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been contained herein. IN WITNESS WHEREOF, CRC and Performer have executed this Agreement as of the Effective Date. THE CITY OF CARMEL REDEVELOPMENT SERVICE PROVIDER: COMMIS ION: Printed: Las s. 61_0 s Printed. M.Q►rs: :.... .�"' ---' • Title: r!'X�ecrl��+d d/a rc X0,2 Title: fe'ti� director of Redevelopment/ 2 3 j d� () tiv144119 Fame W-9 Request for Taxpayer Give form to the bleu:.October 2007E identification Number and Certification requester.Do not Ossersnea at les'seem send to the IRS. nano.:Roman Sono, Simms _tax mewl) Berge rem%if Minot item:thaw R Chock appropetate box:isdtveetalS e presider ❑ Coprntion © Pac.ship 0 Limited Weft ownpoy.Frier the tax aeemicamn(D.�ragott l army,C•oorperetbn,P.putner �i► ❑ p Wisdom)o bx wove .tnrset,,and or no.) Rerp.eslrr's name and address Optional a"' l l (2 1 i nl� ,�RSJ& FORUM GREW UNION city,i°°r'f-n;�'°j°L. L1 6 6 PO Sox 60738 w lJ ) , � ' INDIANAPOLIS.IN 46250 Jed nonter here A Tax Identification Number Enter your TIN in the appropriate box.The TEN provided must match the name given on Line 1 to awed r`--"�' •w ■„yam---'-_/ backup withholding.For individuals,this is your social security number(MN).However.to a resident Sian,sole proprietor.or disregarded entity.see the Pert I Instructbfe on page 3.For other entitles,It la yew employer(dent floadon number(9N).M you do not have a number,see Mow to get a TIN on page 3. or Mote.If the eetaunt is in more than one name,see the chart on page 4 for guidelines on whose f regrr:syar Mrltiia•nem Mitninn number to enter. 13-37t1 I Certification Under penalties of perjury.I=Oho that: 1. The number shown on this form is my correct taxpayer identification number la I am waiting for a nutter to be issued to me),arid 2. I an not subject to backup waretoltang because:(a)I an exempt train 6aukarp wNMnddmp,or I have not been notified by the Internal Revenue Service(IRS)thee I a n subject to backup with olefing as a result of a failure to report all interest or dividends,or(a)the IRS has notified me that I am no longer subject to beciaip withholding,turd 3. I tom a U.S.dtlzem or other U.S.person(defined below). Certification Instruction.You must cress out item 2 above if you have been notified by the IRS that you we cumin*subject to backup withholding because you have failed to report alt interest and dividends on your tax return.For real estate transactions.Item 2 does not apply For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt.contributions to an indwidual retirement arrangement(IRA),and generally,payments other then interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.See the instructions on peps 4. u J - 241 20 HATE 5,p enman ri � � b General Instructions efinilior of a U.S. person.For federal tax purposes.you are Section references are to the Internal Revenue Code unless LnrwSdered a U.S.person R you erne: otherwise noted. •An individual who Is a U.S.dtlzen or U.S.resident alien, • A partnership.corporation,may.or association mated or Purpose of Form- °twitted in the United-testes°render the lane of the United— A person wisp is required to fib an information return with the States, IRS must obtain your correct taxpayer Identification number(TIM •An estate(other than a foreign estate).or to report,for example,income peid to you,real estate •A domestic trust(as defined in Regulations section transactions,mortgage interest you paid,acquisition or 301.7701-7). abandonment of secured property,cancellation of debt,or rules for partnerships.Partnerships that conduct a contnibubons you made to an IRA. trade or business in the United States are generally required to Use Form w-9 only If you are a U.S.pemon(including a pay a withholding tax on any foreign partners'share of income resident alien),to provide your corset TIN to the person from such business.Further,in certain cases where a Fort W-9 requesting it(the requester)and,when applicable,to: has not been received,a partnership Is required to presume that 1.Certify that the TIN you are giving is correct(or you are a partner is a foreign person.and pay the withholding tax. waiting for a number to be issued), Trieref are.If you are a U.S.pawn that is a partner In a 2.Cerny that you we not sub)er t to backup wrUtntwiding,as partnership conducting a trade or business In the United States, 3.Claim exemption from withhold! If are a U.S. provide Form W-9 to the ing on to establish your U.S. p backup n9 you status and avoid withholding on your alters of partnership exempt payee.tf applicable.you are also certifying that as a income. U.S.person,your allocable there of any partnership Income from The person who gives Form W-9 to the partnership for a U.S.trade or business is not subject to the withholding tax on purposes of establishing Its U.S.status and avoiding withholding foreign partners'share of effectively connected income. on its allocable share of net income horn the partnership Note.It a requester gives you a form other than Form W-9 to conducting a Dade or business in the United States is in the request your TIN,you must use the requester's form it It Is following cameo substantially similar to this Fan w-9. •The U.S.owner of a disregarded entity and not the entity, on Na remit I.,., W-9 >;. r.iMv