Brenda Williams/Com Rel/600/jazz on the monon PERFORMANCE AGREEMENT JAD
This Performance Agreement (the "Agreement"), which shall be effective as of the date it is last signed by a party hereto
(the "Effective Date"), is now entered into by and between the City of Carmel, Indiana, by and through its Board of Public
Works and Safety (the "City"), and Williams Fox Entertainment, an individual or entity authorized to do business in the
State of Indiana and with offices located at 2924 Kessler Blvd. E. Dr. (the "Performer").
1. Performance. The Performer shall provide the following live entertainment: Brenda Williams at Jazz on the Monon (the
"Performance") on Saturday, June 6, 2015(the Performance Date"), from 6:00 P.M. to 9:00 P.M, at Carmel Arts & Design
District, Carmel, Indiana (the "Venue") The Performer shall provide all equipment necessary or desirable for the
Performance, except that the City shall provide: standard audio and lighting; mobile stage trailer.
2. Payment. The City shall pay to the Performer the sum of $600.00 (the "Payment") on the Performance Date, which
payment shall constitute all monies due and owing to the Performer from the City for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by the City, then the City shall pay to the Performer the full amount
of the Payment sum as specified in Paragraph 2 hereinabove. If the Performance is not provided by the Performer as
specified in Paragraph 1 hereinabove, the Performer shall pay to the City one-half of the Payment sum as specified in
Paragraph 2 hereinabove.
4. Sales. Neither the City nor the Performer shall sell tickets or charge admission to the Performance. On the
Performance Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the
Performer's merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without
contribution to the City.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of the City. The
Performer hereby agrees to indemnify and hold harmless the City, and the City's officers, officials, employees, agents,
and attorneys, 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 the Performer or from any actions of the Performer and/or the Performer's agents,
employees, or contractors at or regarding the Performance.
6. License. The Performer hereby grants to the City a license (the "License") to photograph, video record, or otherwise
depict, in, on, or through any medium (whether print, digital, or other media format), the Performer and the Performance,
for use by the City in advertising or marketing the City, the Venue, the Carmel Arts and Design District, and/or and City-
sponsored or City-related events. The License shall survive the termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless the City and the City's officers, officials,
employees, agents, and attorneys from and against all 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.
8. Assignment. The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI, ASCAP, SESAC,
or directly from the copyright holder(s) of all songs or other works that is not in the public domain and that will be part of
the Performance, and hereby agrees to indemnify and hold harmless the City, and the City's officers, officials, employees,
agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions
10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless the City from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of the City with regards
to or related to the Performance.
11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and the City prohibiting discrimination
against any employee, applicant for employment, or other person in the performance of the Performer's obligations under
this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter
related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry,
age, disabled veteran status and/or Vietnam era veteran status.
12. Iran Certification. Pursuant to I.C. § 5-22-16 5, the Performer hereby certifies that it does not engage in investment
activities within the Country of Iran.
13. E-Verify. Pursuant to I.C. § 22-5-1.7, et sect , as the same may be amended from time to time, and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith
14. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions The parties agree that, in the event a lawsuit is filed hereunder,
they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
15. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement 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 invalid or unenforceable term or condition had not been
contained herein. This Agreement constitutes the entire agreement between the Performer and the City with respect to
the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent. The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement, and enter into the same freely, voluntarily, and without any duress, undue influence or coercion.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows
THE CITY OF CARMEL, INDIANA, Williams Fox Entertainment
by and through its Board of Public Works ("Performer")
and Safety("City')
By: , By:
cry
,4 mes Brainard, Presiding Officer A thorized Signature Date: b 1 / - /� 61eitAdq. W C( Ikrt,o.)
Printed Name
Mary Ann Burke, Member
Date: &Uc.1(AJ
Title
Lori S. Watson, Member FID/TIN: a?- 33I2 I Lisa
Date: 37 g/
Last Four of SSN if Sole Proprietor:
ATTEST. Date: s1 l/a g / ZO IS
Diana Cordray, IAMC, Clerk-Treasurer 111 !!!
Date:
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CO f Carmel INDIANA RETAILO. TAX EXEMPT15500PAGE
1111 [�/ CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT j !
35-60000972
ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES,P
CARMEL.INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIF
SHIPPING LABELS AND ANY CORRESPONDENC
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
IRCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO DESCRIPTION
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DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
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
SHIPPING INSTRUCTIONS • I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFIpIENT TO PAY FOR THE ABOVE ORDER
• SHIP REPAID .C//r//
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•THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 TITLE NI• _q LQT_tstt44+1 I WY� r �C dl•�[far.
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO Y// _ 1/
CLERK-TREASURER
nnrllneonrr rnnrronl run ' '37 '1 A VENDORCOPv
Brenda Williams-Fox •
Williams Fox Entertainment
2924 Kessler Blvd E Dr.
Indianapolis, IN 46220
To Whom It May Concern
This is to certify that as a musician I work as a sole proprietor and have no
employees.
Sincerely,
Brenda Williams-Fox
RESOLUTION NO. BPW 06-17-15-01
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF CONTRACT
WHEREAS. pursuant to Indiana Code 36-1-4-7. the City of Carmel. Indiana ("City'). is authorized to
enter into contracts: and
WHEREAS. pursuant to Indiana Code 36-4-5-3. the City's mayor may enter into contracts on behalf of the
City: and
WHEREAS. pursuant to his authority under Indiana law, the City's mayor, the Honorable James C.
Brainard. has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"): and
WHEREAS. Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged. filed in the Clerk-Treasurer's Office. and made available to the public for
review.
NOW, THEREFORE, BE IT RESOLVED by the City of Cannel Board of Public Works and Safety as
follows:
I. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk-Treasurer and thereafter made available to
the public for review.
SO RESOLVED this f 7 day of . 2015.
CITY OF CARMEL. INDIANA
By and through its Board of Public Works and Safety
BY:
1
co.
J cs Brainard. Presiding Officer
ate:ry°La
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Date: // �j
Lori S. Watson el ber
Date: (e I /16
ATTEST:
ana Cordray. I CA, Clerk-Treasurer
Date:
S\jobcrlander'BPW Rewlutrorn\Acknnwledge Brenda Williams Performance Contract-2015 dnex6/1(12(115 229 I'M