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HomeMy Public PortalAbout094-2013 - Parks - After Midnight - Summer Concert SeriesENTERTAINMENT AGREEMENT THIS AGREEMENT is made and entered into this 1 day of 201311 by and between Richmond,, Indiana,, a municipal corporation through its Board of Parks and Recreation with its office at �0 North 5�' Street, Richmond, Indiana, (hereinafter referred to as "City "), and After Midnight, I784 New London Road, Hamilton, Ohio, 45013 {hereinafter referred to as "Contractor"). WHEREAS,, City i*s 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 LIVEIi Summer Concert at the Glen Miller Park Band Shell on Au 9ust 24, 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, CI*LY and Contractor hereby agree as follows: l.. The City shall sponsor a LIVE ! Summer concert on August 24, 2013. 2. Contractor shall be retained by City to appear at the Park on August 24, 2013, and provide musical entertainment begimi0ng at 8:00 PM and ending at 100.00 PM. 3.0 City agrees to pay Contractor a total sum not to exceed One Thousand Five Hundred Dllars and Zero Cents ($1,500.00) in full payment for servioces rendered under this Agreement. Contractor's pronosal for sal d services dated February 6, 2013, consisting of two (2) pages i5 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 exh"b'ts, or in any of the documents incorporated by reference herein,, conflict with any of the provisions, terms,or condiftons of this Agreement,, this Agreement shall be controlli*ng. 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.Aw MW 94-2013 Page 1 oP4 6. Contractor hereby agrees to release and hold harmless, City, its agents, employees .0 and independent contractors from any claim, cost, damage or liability arising out of Contractor's Perfonnance i*n the Sinner Concert Series', including, but not limited to any claim resulting from an intentional act of an y spectator., hotel.guest or trespasser. It i*s expressly agreed that City has no duty to provide any security or safekeeping for Contractor's equip ent 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 performane,%.21. 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 at�y 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 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 requited 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 acti'On brought in Wayne County, Indiana. 10.0 This Agreement may be simultaneously executed i*n several counterparts, each of which shall be an original and all of which shall constitute but one anal the same instrument. 110 This Agreement is personal to the parties hereto and neither party may assign or deie6.te an y of its ri'ghts 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 Ole or in part at any tine by filing vn e Agreement a written instrument setting Earth such changes signed by both parties. Any previous discussion., negotiation sh .0 or dialogue relating to the subject matter contained herein is expressly superseded Y this agreement. Furthermore, both parties agree that any no discussion, representation or negotiation, otiher thaw that contained herein, has transpired relating to the subject matter of this agreement and that neither party i s relying upon any negotiation or discussion that took place prior to this agreement. Page 2 of 4 12m 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 b y City due to the enforcement of this Agreement,, including but not limited to Ci*ty's Ap reasonable attorneys fees. Contractor acknowledgesthat its services are umque 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. 136 In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, flits Agreement shall be construed as if drafted jointly by the parties,, and no presuw�mmpti,,on or burden of proof shall arise favoring or dl"sfavonng any party by virtue of the authors p of any of the provisions of this Agreement. 14-o Any person executing this Contract in a representative capacity hereby warrants -D that he has been duly authorized by his or her principal to execute this Contract. 15a Pursuant to Indiana Code 22*A9"*1P*1O, 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 emplo Yled M the perfonnance 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. 160 Pursuant to Indiana Code 22.5-1.7, Contractor is required to enroll i*n and verify the work eligibility status of all newly fired employees of the contractor through the Indiana E-Verify program. Contractor i'Ls not requredito verify the work eligibility status of all newly hired employees of the contractor through the Indima E-Verify program if the Indiana E-Verify program no longer exists. Prior dp to the performance of this Agreeme-nt, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-P,-,5v*1d7,P=11 (a) (2),. In the event Contractor violates IC 22PM5-1*7 the C,ontractor sl 11 be required to remedy the violation not Iater than thirty (30) days after the City notifies the Contractor o the violation. If Contractor fails to reme y the violation within the thirty (30) day period provided above, eC Y 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, dD then pursuant to IC 22-5-1.7-13 c the Contractor will remain. liable to the Cl' for actual damages. Page 3 of 4 17,p Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities lin Iran. In the event City determines during the course of this Agreement that this certification i's 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 mvestrhent activities in Iran within n---- Contractorety (g0} days after the written notice is given to the , 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 iri IC 5-22-16.51 the City reserves the right to consider the, Contr actor to be in breach of this Agreement and terminate the ageement 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 maybe affixed at different tilmes., "CITY" "CONTRACTOR" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation y: M W_ _. ~-S qr Date: APPROVED. � 2- Sarah L. Hutton, Mayor Date: AFTER MIDNIGHT 1784 New London Road Hamilton, OH 45013 Page 4 of 4 EXHIBIT rePAGE 0F2W=:" AFTER MIDNIGHT 1784 New London Road Hamilton, Ohio 45013 513=907m2274 Tax I.D. # 26ml334936 PERFORMANCE PURCHASER I ARTIST AGREEMENT Authorized Representative for Purchasers, Blair Beach Purchaser Address: 50 North 5th Street Richmond, Indiana 47374 Purchaser contact Info (phone/email): Phone # 765w983=7425 Authorized Representative for Artist, Kim Masters-Manager after Midnight Artist Address: 1784 New London Road H a m *1 Ito n, Ohio 45013 Artist contact Info (phone / e-mail) 513-907-2274 Kmasters@rockinaftermidnight.com This agreement is made on this dale: February 6, 2013 Between Richmond Parks and Recreation hereinafter referred to as purchaser and After Midnight hereinafter referred to as artist. It is mutually agreed upon Purchaser and Artist that: I . Artist will provide and Purchaser will accept for the engagement hereinafter described, the services of a Give) piece variety ba n d. (After Midnight) 2. Name and address of engagements. Richmond Concert Series 3. Date(s) of engagement: Saturday August 24, 2013 4. Times of Engagement: 8m.00 p.m. to 10:00 p.m. 5,. Type of Engagement: Concert Series 6. Payment to be paid by Purchaser to Artist for Engagement: $1,500.00 7. Special provisions to be supplied by Artist: Back Line Gear 8. Special provisions to be supplied by Purchaser. P.A. Technical requirements attached Case of drinking water by stage. 9. Purchaser will make payment as follows: Check or cash issued toAfter Midnight day of show following performance. 10. Artist shall at all times have complete supervision and control over the services of its personnel on this engagement and expressly reserves the right to control the manner, means and detairls of the performance of services, as well ad the ends to be accomplished. 11. Any and all disputes arising out of this agreement shall be heard by a court of competent jurisdiction. The party found responsible for a breach of said agreement shall bear all cost of collection and lit'I'gation, -WLqk?- 9 1 EXHMPPPqkMP=1d - PM IBIT�J� PAGE �OF�� 12. Purchaser and Artist further agree that this agreement is not subject to cancellation unless both parties hereto have agreed to such cancellation i n writing. Rain or shine event. I n the event both parties agree to cancel an event less than 5 weeks before the date of such performance, Venue Wi.11 pay Artist, as liquidated damages, one-half of the guaranteed fees. I n the event that the venue cancels the performance less than 2 weeks before the date of such performance, venue agrees to pay as liquidated damages the full guaranteed fee agreed to be paid for such performance. The agreement that musicians perform is subject to detention by sickness, accident, riot, strikes, epidemic, and acts of God or other legitimate conditions beyond their control. 13, Merchandising — artist shall have the option to sell merchandise at performance and shall retain 100% of the proceeds of such safes. 14v I hereby accept all terms and agreements stated in this contract and state that I have the authority to do so for the partoles I represent. Purchaser Name (pr*lnt) Purchaser Signature Date