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Home My Public Portal About066-2011 - Parks - Duke Tumatoe the Power Tri (2)ENTERTAINMENT AGREEMENT THIS AGREEMENT is made and entered into this _26th _ day of _J� 2011 by and between Richmond, Indiana, a municipal corporation through its Board of Parks and Recreation with its office at 50 North 5th Street, Richmond, Indiana, (hereinafter referred to as "City"), and jssartists, (Band Name, Duke Tumatoe & the Power Trio) P.O. Box 1766, Carmel, Indiana, 46082 (hereinafter referred to as "Contractor"). WHEREAS, City is the owner of certain property known as Glen Miller Park ("Park"), located at 2200 East Main Street, Richmond, Indiana; and WHEREAS, City desires to sponsor a Summer Concert Series concert at Glen Miller Park Band Shell on August 12, 2011; and WHEREAS, Contractor provides musical concert entertainment professionally, and wants to arrange an appearance at the Park for the purpose of providing entertainment. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: The City shall sponsor a Summer Concert Series concert on August 12, 2011. 2. Contractor shall be retained by City to appear at the Park on August 12, 2011, and provide musical entertainment beginning at 7:30 PM and ending at 9:30 PM (two sets with one break). Contractor's engagement specifications, consisting of one (1) page, is attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein. 4. City agrees to pay Contractor the sum of One Thousand Five Hundred Dollars and Zero Cents ($1,500.00) in full payment for services rendered under this Agreement. Contractor agrees to indemnify City for any claim, injury, or other damage caused by any negligent or intentional act performed by contractor or its employees, agents, representatives, and crew. Contractor hereby agrees to release and hold harmless, City, its agents, employees and independent contractors from any claim, cost, damage or liability arising out of Contractor's performance in the Summer Concert Series, including, but not limited to any claim resulting from an intentional act of any spectator, hotel guest or trespasser. It is expressly agreed that City has no duty to provide any security or safekeeping for Contractor's equipment or instruments and that in no way shall City be liable for any act of theft or vandalism. Contract No. 66-2011 7. Contractor agrees that the facilities provided by the City for Contractor's performance are being received in an "as -is whereas" condition, with all faults and that City, other than providing, reasonable space and electricity, does not guaranty or represent that its facilities shall be suitable for any particular performance or use. In no event shall City be liable for any consequential or special damages incurred by Contractor in connection with its performance or any cancellation of said performance. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. Both parties specifically waive any right to alternative venues or courts such party may have whether such right arises under the laws of the State of Indiana, or any other State of territory of the United States or the laws of the United States. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this agreement, Contractor agrees that it will not raise and is estopped from raising, lack of personal jurisdiction as a defense to any action brought in Wayne County, Indiana. 10. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors, and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. Any previous discussion, negotiation or dialogue relating to the subject matter contained herein is expressly superseded by this agreement. Furthermore, both parties agree that any no discussion, representation or negotiation, other than that contained herein, has transpired relating to the subject matter of this agreement and that neither party is relying upon any negotiation or discussion that took place prior to this agreement. 12. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees. Contractor acknowledges that its services are unique and that City is entitled to specific performance of the agreement or other equitable remedies, if Contractor commits an act that amounts to an anticipatory repudiation of this agreement. 13. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 2 14. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. 15. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. IN WITNESS WHEREOF, the parties execute this Agreement effective the day and year first above written, although signatures may be affixed at different times. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation BOARD OF PARKS AND RECREATION By:_S/S Karen Montgomery Karen Montgomery, President By:_S/S Mike Foley_ Mike Foley, Vice President By:_S/S Gary Turner Gary Turner, Secretary By:_S/S Avis Stewart Avis Stewart, Member Date: APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: August 16, 2011 "CONTRACTOR" JSSARTISTS (DUKE TUMATOE & THE POWER TRIO) By:_S/S Duke Tumatoe Title: Owner Date: August 12, 2011