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Home My WebLink AboutKEVIN SMITH- 002286- 9/22/2011CARMEL REDEVELOPMENT COMMISSION • Kevin Smith 377 Patricia Court Carmel, IN 46033 Invoice 091211 October Polka Boy permormance P.O. Num. 002286 Check: 2286 Date: 9/22/2011 Vendor: KEVINSM1 Prior Invoice Amt Balance Retention Discount Amt. Paid 6,500.00 6,500.00 0.00 0.00 6,500.00 6,500.00 6,500.00 0.00 0.00 6,500.00 THE -'KEY TO, DOCUMENT'SECURITY a HEAT'ACTIVATED THUMB PRINTr 41DITIONALL SECURITtFEATURES,INCLUDEDe• SEE BACK FOR DETAILS`.' CARMEL' Carmel Redevelopment. Commission 30 West Main' °Street` Suite 220 Carmel; IN`46032',' 002286 9/22/2011 * * * * * * * * ** *6;500:00 PAY THE `SUM OF SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ** * * ** * * * * * * * * * ** * * *` * * * * * * ** TO THE'. i `ORDER OF Kevin Smith, 377,Patrie'ia Court' Carmel, IN 46033 ii'0022860 1e0740L42b31: 0087504bb10 CARMEL REDEVELOPMENT COMMISSION Kevin Smith 377 Patricia Court Carmel, IN 46033 Invoice 091211 October Polka Boy permormance P.O. Num. X -11- 52 COMPUTEREASE'FORMS DIVISION (877)577 -5791 • T -37228 002286 Check: 2286 Date: 9/22/2011 Vendor: KEVINSM1 Prior Invoice Amt Balance Retention Discount Amt. Paid 6,500.00 6,500.00 0.00 0.00 6,500.00 6,500.00 6,500.00 0.00 0.00 6,500.00 OFNA KEVIN SMITH 377 Patricia Court Carmel, IN 46033 817 -2718 INVOICE September 12, 201 1 Carmel Redevelopment Commission Entertainment for Merchants Square, October 14, 2011 6 to 9 PM $6,500.00 PERFORMANCE AGREEMENT This Performance Agreement (the "Agreement "), is executed as of Aug, 2nd , 2011 (the "Effective Date "), by and between The City of Carmel Redevelopment Commission ( "CRC "), and pnl kahny (the "Provide"). 1. Performance. Performer shall perform live musical entertainment (the "Performance ") on Oct. 1 4 , 2011 (the Performance Date "), from 6 PM to 9 PM, and shall be held-at Merchants Square (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 $ 6 , 500. 0(ite "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 unenforceability 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 in or unenforceable term or condition had not been contained herein. IN WITNESS WHEREOF, CRC and Performer have executed 'reem-,g of the Effective Date. THE CITY OF CARMEL REDEVELOPMENT COMMISSION: By: By: Printed: Printed: Frank DiBortolo Title: Title: *Please write payment check to Kevin Smith Form W'9 (Rev. October 2007) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. IPrint or type See Specific Instructions on page 2. Name (as shown on your Income tax return) Kevin M. Smith Business name, If different from above Check appropriate box: IA Individual/Sole proprietor ❑ Corporation • Partnership 11 Limited liability company. Enter the tax classification (o-disregarded entity, C_corporatlon, P =partnership) 0- in Other (see instructions) • Exempt • payee Address (number, street, and apt. or suite no.) 377 Patricia Court Requester's name and address (optional) City, state, and ZIP code Carmel, IN 46033 List account number(s) here (optional) w axpayer Identification Number (Ti N) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For Individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entitles, It Is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note, if the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter, Part II Certification Social security number 304 60 8581 or Employer Identlfloatlon number Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have Failed to report all 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 individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here u,s, person • General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W -9. Date . 9 /2/ ) Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership Is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that Is a partner in a partnership conducting a trade or business In the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 10 -2007) PrescribCd by State Board of Accounts ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL City Form No. 201 (Rev. 1995) An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. I Payee K e vi ti S m.dTin Purchase Order No. S17 IA1 \c 6, Couttk. Terms Carme11 Z W 9. (on Date Due Invoice Date Invoice Number Description (or note attached invoice(s) or bill(s)) Amount 9 -12 —II x°11211 ro(ka aoy })er-rcirinvi (t in 0 640 ter ;soo, " Total 6, SQQ. 0 I hereby certify that the attached invoice(s), or bill(s), is (are) true a , : L ect with IC 5- 11- 10 -1.6. , 20 d I have audited same in accordance - Treasurer