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
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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