Ely Enterprises/COM REL/600.00/Jazz on Monon 4
PERFORMANCE AGREEMENT 4 p.()t<4,
This Performance Agreement (the "Agreement"), which shall be effective as of the date it is last signed by a party hereto °c.
(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 eh, Entcr tor sts, LLG , an individual or
entity authorized to do business in the State of Indiana and with offices located at 33Ca W . YYlc.,vt St
r kr'nu ytJ y003)- (the "Performer ).
1. Performance. The Performer shall provide the following live entertainment: JAll on -14-tt ?Ylo✓ns-,
the"Performance")on j,„rll ,-4 , 20 13 (the Performance Date"),
from l9: oo p .M. to9:a) f.M, at ('arr ct ? Oes ejh , Carmel, Indiana (the "Venue").
The Performer shall provide all equipment necessary or desirable for the Performance, except that the City shall provide: _
e14&r'C1 Quciio I Iiyklfir`1� CevU n;pnt✓i+ YYU6it.t, Stacie_+ 1ri
2. Payment. No later than thirty-five (35) days from and after the Performance Date, the City shall pay to the Performer
the sum of$ taQD.°O (the "Payment"), which 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 seq., 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, Et.Ai Rn-Ei2 p(z&S> S , CLC
by and through its Board of Public Works
and Safety("City") ("Performer")
By: '. f By: '
/ fy
ames Brainard, Presiding Officer Authorized Signature
Dat
3 ,� t_ C�.. ac.
/ Printed Name
ary n Burke, M mber
Date e--S— / ' Ow ve.67-
Title
/ i �
Lori S. Watson, 0'mber FID/TIN: K5 --- it 1 2-331
Date: 6/67 /?,
i
Last Four of SSN if Sole Proprietor:
ATTE': , Date: tN1vFy 27 . 'bp 13
VP it . sr
i
Di. a Cordray, I' '., , Clerk-Treasurer
Date: fa in* /
•
•
!E-VeriFy s ,
Company ID Number: 676092
To be accepted as a participant in E-Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E-Verify at 888-464-4218.
Employer Ely Enterprises
'Clark Blair
Name(Please Type or Print) tritle
Electronically Signed 05/29/2013
[Signature Date
Department of Homeland Security —Verification Division
USCIS Verification Division
Name(Please Type or Print) itle
Electronically Signed 05/29/2013
Signature Date
Information Required for the E-Verify Program
Information relating to your Company:
Company Name:Ely Enterprises
Company Facility Address:)36 West Main Street
Carmel, IN 46032
Company Alternate
Address:
County or Parish: HAMILTON
Employer Identification
Number: 452512389
Page 12 of 13 I E-Verify MOU for Employer I Revision Dale 09/01/09 www.dhs.gov/E-Verify