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HomeMy Public PortalAbout092-2013 - Parks - Little Frank and the Premiers - Summer Concert SeriesENTERTAINMENT AGREEMENT r THIS AGREEMENT is made and entered into this &- day of , 2013, by and between Richmond, Indiana, a municipal corporation through its Board of Parks and Recreation with its office at 50 North 5'h Street, Richmond, Indiana, (hereinafter referred to as "City"), and Frank Krakowski d/b/a Little Frank & the Premiers, P.O. Box 2343, South Bend, Indiana, 46680 (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 LIVE! Summer Concert at the Glen Miller Park Band Shell on August 10, 2013; and WHEREAS, Contractor provides musical 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 LIVE! Summer concert on August 10, 2013. 2. Contractor shall be retained by City to appear at the Park on August 10, 2013, and provide musical entertainment beginning at 8:00 PM and ending at 10:00 PM. 3. City agrees to pay Contractor a total sum not to exceed One Thousand Five Hundred Dollars and Zero Cents ($1,500.00) in full payment for services rendered under this Agreement. Contractor's proposal for said services dated April 4, 2013, consisting of one (1) page is attached hereto and marked as Exhibit A. Exhibit A is incorporated herein by reference and Contractor agrees to abide by the same. 4. Should any of the provisions, terms, or conditions contained in any of the documents attached hereto as exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. 5. 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. Contract No. 92 -2013 Page 1 of 4 6. 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. 7. Contractor agrees that the facilities provided by the City for Contractor's performance are being received in an "as-is/where-is" 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. 8. 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. 9. 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 parry 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. Page 2 of 4 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. 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. 16. Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 17. Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during Page 3 of 4 the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5- 22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to. be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 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 Parrs and Recreation By: Deanna Beaman, resident Date: "CONTRACTOR' FRANK KRAKOWSKI DBA LITTLE FRANK & THE PREMIERS P.O. Box 2343 South Bend, IN 46680 By: Frank Krakowski Title:Ps� A PPRODate: Sarah L. Hutton, Mayor Date: Page 4 of 4 EXHIBIT_',,, PAGE �OP=�- LITTLE FRANY � THE PREMIER C/o Frank Krakowski PO Box 2343 South Bend, IN 46680 PERFORMANCE AGREEMENT CONTRACT AND ANY APPLICABLE DEPOSITS MUST BE RECEIVED BY DATE SPECIFIED BELOW OR ARTIST HAS THE RIGHT TO VOID CONTRACT THIS CONTRACT made and entered into this day, 4th of April 2013 by and between Frank Krakowstd (Artist) dfbla Little Frank & the Premiers (Artist) Richmond Parks Dept. (Purchaser) 50 N 5 b St., Richmond, IN 47374 C/o Blair Beach Attention: Blair Beach WITNESSETH THAT, for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the artist and the purchaser agree as follows: 1. The leader shall at all times have complete supervision, direction and control over the services of his personnel on this agreement expressly reserves the right to control the manner and details of the performance. Artist executes this agreement as an independent contractor, not as an employee of the purchaser. 2. The" Artist" or musicians are not responsible for any damages incurred by the "Purchaser" in the event that the artist or musicians are unable to perform because of sickness, weather conditions, accidents en route to the specified engagement, riot, Acts of God, or any other reasonable events that may detain said artist or musicians. . 3. In the event that the 'Purchaser" breacjhes any terms of this agreement, the full amount of this contract is immediately due and payable. 4. 'Purchaser" in signing this contract, or having it signed by his/her representative, acknowledges his/her authority to do so and hereby assumes liability for the amount stated herein. 5. No performance on the engagement shall be recorded, reproduced or transmitted by any mean whatsoever without written consent of the Artist. 6. The terms and conditions of the aforesaid engagement are as follows, (a) Performance date(s): August 10, 2013 (b) Venue (name. address, and telephone number: Richmond, IN Summer Concert Series i) Approx, length of set(s): Approximately (2) 55 Minute Sets ii) Showtime: 8-10 pm iii) Approx. arrival time: 4 pm iv) Sound -check time: 5 pm (d) Sound and Stage: Purchaser shall provide at no cost to the Artist a premium public address system with a minimum 12 channel mixing board, minimum 3 monitor wedges, minimum 2 monitor mixes, adequate electrical supply for the venue, sound engineer and stage lighting. (e) Backline: Artist to supply guitar & bass rigs along with drums. 7. Compensation agreed upon: $ 1500.00 One -Thousand Five Hundred Dollars Flat Guarantee $500.00 Deposit Door Split NIA % Merchandise Split NIA % 8, Purchaser will make payments as follows: • Deposit of by check/certified check only to: Frank Krakowsld due by: July 1, 2013 • Balance of payable in cashlcheck to Frank Krakows1d only; upon completion of the show. 9. 3 Double -Hotel rooms and meals for 6 to be provided by purchaser 10, Free soft drinks, fruit juices, coffee, bottled imported beer (or equivalent), plus premium bottled water to be delivered to dressing room/artist management upon arrival. ARTIST Date Signed Frank Krakowski PURCHASER w TITLE Date Signed rpo,-r- �- O-zf ENTERTAINMENT AGREEMENT THIS AGREEMENT is made and entered into this &� day of 2013, by and between Richmond, Indiana, a municipal coiporation through its Board of Parks and Recreation with its office at 50 North 5"' Street, Richmond, Indiana, (hereinafter referred to as "City"), and Frank Krakowski dibla Little Frank & the Premiers, P.O. Box 2343, South Bend, Indiana, 46680 (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 LIVE! Sumer Concert at the Glee Miller Park Band Shell on August 10, 2013; and WHEREAS, Contractor provides ' musical 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 co-venants herein contained, including the above stated recitals, City and Contractor hereby agree as follows; 1. The City shall sponsor a LIVE! Summer concert on August 10, 2013.. 2. Contractor shall. be retained by City to appear at the Park on August 10, 2013, and provide musical entertairanent beginning at 8:00 PM and ending .at 10:00 PM. 3. City agrees to pay Contractor a total suni not to exceed One Thousand Fire Hundred Dollars acid Zero Cents ($1,500.00) in full payment for services rendered under this Agreement. Contractor's proposal for said services dated April 4, 2013, consisting of one (1) page is attached hereto and marked as. Exhibit A. Exhibit A .is incorporated herein by reference and Contractor agrees to abide by the same. 4. Should any of the provisions; terms; or conditions contained in any of the documents attached Hereto_ .as exhibits; or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement sliall be controlling. S. Contractor agrees to inderr�n. y 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. Contract No. 92 -2013 Page 1 of &. 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. 7. Contractor agrees that the facilities provided by the City for Contractor's performance are being received in an: "as-isfwhere-is" 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. S. 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. 9. The parties hereto submit to jurisdiction of the coir is of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. Both parties specifically %vah e any right to alternative venues or courts such party may have -whether such right arises under the laves 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. 1.0. 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. I L This Agreementis personal to the parties hereto and neither party may assign or delegate ally of its. rights or obligations hereunder �,Arithout 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 instrurrieut 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 patties 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 tiiat took place prior to this agreement, Page 2 of 4 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 Conti -actor 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. 1.4. Any person executing this Contract in a representative capacity 'hereby warrants that lie has been duly authorized by his or her principal to execute this Contract. 15. Pursuant to Indiana Cade 22-9-1-I0, 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. 16- Pursuant to Indiana Code 22--5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Tndiaina E-Vetif}, program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2).. In .the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy tine v.iolatio i not later than thirty (3.0) days after the City notifies the Contractor of the violation. If Contractor fails to xeinedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agieernent. and this Agreement will be terminated. if the City determines that terminating this Agreement Ao-Ldd be, detrimental .to the public interest or public. property; the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor -,Hill remain liable to the. City for actual. damages. 17. Pursuant to Indiat3a Code (1C) 5-22-16.5, Contractor certifies that Contractor is. not engaged in investment activities in Iran. In. the event City determines during Page 3 of 4 the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5- 22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refitted by Contractor in the manner set forth in IC 5-22-16.5, the City :reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 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 DeMannaVBeainau resident Date: ✓ — °`CONTRACTOR" FRANK KRAKOWSKI DBA LITTLE FRANK & THE PREMIERS P.O. Box 2343 South Bend, IN 46690 By:_ Frank Krakowski Title: oL e v - r r APPROVED,,_Date: � O Sarah I.,. Hutton, Mayor Date: Page_4.of4 11TTtf FRANiT � TYE REHM Ckm Frank Krakowski PO Sox 2343 South Bond. II146680 PERFORMANCE AGREEMENT CONTRACT AND ANY APPLICABLE DEPOSITS MUST BE RECENED BY MATE SPECIFIED BELOW OR ARTIST HAS THE RIGHTTO VOID CONTRACT THIS CONTRACT wade and entered into this day, 4th of April 2013 by and between Frank Krakowski (Artist) d/bla Little Frank St the Premiers (Artist) Rtchniand Parks DeP (Purchaser) 50 N 5S - Richm nd iN 4 3'i4 C/o Blair Beaeh Attention: Blnit Beach WITNESSETH THAT. for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the artistand the purchaser agree as fallous=. 1. The leader shall at all times have colriplelc supervision, direction and control over the services of his personnel on this agreemtent exprensly reserves the right to control the. manner and details of the performance. Artist executes this agreeiucnt as an immdepcndcut contractor, not as an employee of the purchaser. 2. The" Artist" or musicians att not respoimsible for ally damages incurred by the "Purchaser" in the event that the artist or musicians are unable to.perforra because of sickness, weather conditions, accidents en route to time specified engagement, riot, Act-s.of Gad, or any other reasnmtble events tbnt May detain said artist or musicians. . 3. In thc.event thus the "Purchaser' breaclmcs any terms of this agreement, the full amount of this contract is. inmtnedimely due and payable. 4: "Purchascr" in signing this contract, or having it signed by.hislhur represcatativc. acknowledges hisibu authority to do W and hereby assmime. s.lii,bility for the amount stated Heroin. S..Mo performance oat time engagement shall be recorded, re.iroduced or transmilitted by any mean whatsoever without evrittcil conscnt of thc.Artist. 6-.The terms and conditions of the aforesaid engagelnentore a% roliows: (a) Performance date(s): August 10, 2013 (b) venue (na m6. address, and telephone number. Ricilmond3 IN Summer Concert.Serles i) Approx, length of set(s): Approximately (2) 55 Minute Sets ii) Showdmmto: 9-1.0 pm iii) Approx. a' I time: 4 pin iv) Soured -check time: 5 pm 1 (4)sound and Stage: Purchaser shall provide at no cost to (lie -Artist a prenmiuum public address systeni with a minimum 12 channel mixin 19 board, nminimtmumim 3 nmonitor wedges, minimum 2 mnonitor mixquate S` electrical'supply for the venue, sound engineer and stage lighting. (e) Backlitie: Arhsf tq smrppiy guitar & bass rigs along wills dnans. 7. Cr7EFmpC11S3E101m:a reCd t,poll.. 1,510.00 Qite-Thousand Five Hundred Dollar's I'lat� GuaraniCie,Deposit Door Split t L % 141erchandise Split NIA % 8, Furellaserwill male payments as follows: • deposit ofby chcck/certmtied.check only to; -Frank Krnkowski-iLie by:.imelV 1. 21i1� • 13alance of payable i.n eashfclseck to Frank LCrtkmvskt only: upon cnmmtlmtction of the shown. 9. 3 Double - Hotel rooins and meals for __!L to be provided by purchaser 10. Free soft drinks. fruit juices, coffee, bottled imported beer (or equiv.tlemt), plus premium bottled water to be delivered to dressing monminrtist rnanageinelit upon arrival. ARTIST Date Signed Frtttmk Krakowski PURCHASER w TITLE Date.signed