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HomeMy WebLinkAboutC35480C-D 2016 Fall Concert Series.. r CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF THE 2016 FALL CONCERT SERIES SUBMITTED BY: Amy Lawrence, Management Analyst DATE: July 14, 2016 CONTENTS: Standard Performing Arts Contract Recommendation By Minute Motion: 1. Approve the 2016 Fall Concert Series schedule; 2. Approve Contract No. C35480A with Robert Elfaizy in the amount of $4,550.00; 3. Approve Contract No. C35480B with Calvin Anderson in the amount of $2,200.00; C35480C 4. Approve Contract No. with Mano Mirande in the amount of $1,900.00; 5. Approve Contract No. C35480D With Leftover Cuties in the amount of $4,000.00; 6. Authorize the Mayor to execute subject contracts; 7. Authorize expenditure with Studio Instrument Rentals (SIR) of Palm Springs in the amount of $8,800.00 for professional staff, instrumental equipment, and sound and lighting services in conjunction with the concerts (Contract No. C35360); 8. Authorize expenditure with Alpha Media in an amount not to exceed $6,000.00 for radio promotion and live remotes in conjunction with the concert series; and 9. Authorize miscellaneous expenditures in an amount to not exceed $3,000.00 for production of the 2016 Fall Concert Series. Funds are available in Account No. 1104416-4306100. Strateqic Plan Obiective Approval of 2016 Fall Concert Series would impact the following Economic Development and Tourism and Marketing priorities as specified in the 2013-2033 Strategic Plan, Envision Palm Desert — Forward Together: — Economic Development — Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. — Tourism and Marketing — Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year round destination. Discussion Over the last several years, Palm Desert's Fall Concert Series has become a well -attended and anticipated event. This season's proposed lineup is sure to be exciting for attendees of all ages and includes a popular Oingo Boingo tribute band, a unique Irish/folk band, an energetic ska/reggae band, and an eclectic alternative band with an international following. STAFF REPORT 2016 FALL CONCERT SERIES JULY 14, 2016 PAGE 2 Outlined below is the proposed schedule including dates and designated performers. All performances will start at 6 p.m. (sunset) and end at 7:30 p.m. • Thursday, October 6, 2016 — Dead Man's Party (Dingo Boingo Tribute) • Thursday, October 13, 2016 — The Reelers (Irish/Folk) • Thursday, October 20, 2016 — The Debonaires (Ska/Reggae) • Thursday, October 27, 2016 — The Leftover Cuties (Alternative) As in the past, staff will work with Alpha Media to schedule radio promotion of the series and live onsite remotes before each performance. Staff will also work with SIR Palm Springs to provide professional staff and sound and lighting equipment and services in conjunction with the concerts (Contract No. C35360). In addition, staff is requesting approval of miscellaneous expenditures in an amount not to exceed $3,000 for event insurance, printing of promotional rack cards, pre -concert games and children's activities provided by the Family YMCA of the Desert, as well as any unforeseen expenses that may arise. Staff recommends that City Council approve the proposed 2016 Fall Concert Series schedule, the sample performing arts contract, expenditures with Alpha Media and SIR of Palm Springs, and miscellaneous expenditures associated with production of the series. Fiscal Analvsis Staff is pleased to report that Desert Recreation District has generously contributed $5,000 for the City's 2016/17 concerts in the park. In addition, funding for the concert series was included as part of the FY 2016/17 Budget; therefore, there will be no additional impact to the General Fund. Funds are available in Account No. 1104416-4306100. Submitted By: Amy Lawr ce, Management Analyst Reviewed By: Frankie ddle, Director of Special Programs J net core, Director of Finance Rudy Ac sta, Assistant City Manager Approved: J.uei� McCarthy, Interimj,'itq`fVlatager Contract No. PERFORMING ARTS AGREEMENT This Agreement is entered into this _ day of , 20169 by and between the CITY OF PALM DESERT, a California municipal corporation, hereinafter referred to as "CITY," and , hereinafter referred to as "ARTIST", which includes any person(s) necessary to perform the services outlined in this Agreement. RECITALS: 1. The CITY owns and operates the Palm Desert Hahn Amphitheater, an outdoor amphitheater located in the Palm Desert Civic Center (hereinafter "THEATER"). 2. The CITY desires to engage the ARTIST to render a live performance at the THEATER of the nature set forth in Exhibit A attached hereto and incorporated herein by this reference (hereinafter "PERFORMANCE"). 3. The CITY desires the ARTIST to render PERFORMANCE on the dates and times described in Exhibit B attached hereto and incorporated herein by this reference. 4. The ARTIST is willing and able to render the PERFORMANCE on the desired dates and times in exchange for compensation by the CITY in the amount and on the payment schedule set forth in Exhibit C attached hereto and incorporated herein by this reference. TERMS AND CONDITIONS: In consideration of the foregoing recitals, the parties hereto agree as follows: 1. Performance 1 Contract No. The ARTIST agrees to render the PERFORMANCE to the best of its abilities on the dates and times prescribed by Exhibit B attached hereto. The ARTIST shall not perform under the influence of alcohol or any unlawful narcotic, nor shall the ARTIST engage in behavior during the PERFORMANCE that would be considered racist, sexist, obscene, or otherwise offensive by reasonable audience members attending the PERFORMANCE. ARTIST, s failure to perform in accordance with this Section shall be deemed material breach of this Agreement. 2. Licihtinci, Sound Amplification and Other Equipment The CITY will provide lighting, sound amplification, and other technical equipment related to sound and lighting for the PERFORMANCE as described in Exhibit D, attached hereto and incorporated herein by the reference. ARTIST shall be responsible for safely providing, erecting, operating, and dismantling, at its own expense, all instruments and additional equipment not described in Exhibit D that is necessary to properly effectuate the PERFORMANCE. 3. Technical Personnel and Set -Up In addition to any artistic personnel necessary to the PERFORMANCE, the ARTIST shall provide, at its own expense, all backstage and technical personnel necessary to effectuate the PERFORMANCE, including but not limited to stage hands and such personnel as may be necessary to set up and test any equipment that will be used during the PERFORMANCE. ARTIST, s personnel shall use their best efforts to ensure that any such advance set-up and testing is safely completed at least one hour prior to the scheduled PERFORMANCE time. 4. Make -Up and Costumes 2 Contract No. The ARTIST shall be responsible for providing, at its own expense, any costumes and make-up necessary to the PERFORMANCE. 5. Dressinq and Storaqe Rooms The ARTIST understands and acknowledges that no private dressing rooms or other storage rooms will be available or provided by the CITY in connection with the PERFORMANCE (unless described in Exhibit B attached hereto). However, the CITY shall provide ARTIST with non-exclusive access to a public rest room at or in the vicinity of the THEATER. 6. Comaensation In exchange for the ARTIST, s PERFORMANCE in accordance with this Agreement, the CITY agrees to compensate the ARTIST in the manner described in Exhibit C attached hereto. Any and all booking fees charged by an outside booking agency are to be paid for by the ARTIST. 7. Business License The ARTIST shall obtain a City of Palm Desert Daily Business License for the fee of $26.00, no later than 30 days prior to PERFORMANCE. 8. Promotion The CITY is authorized to engage in any and all reasonable activities related to promotion of the PERFORMANCE without payment of additional fee, royalty or commission to ARTIST. Said promotional activities may include, but are not limited to, use of newspaper, radio and television advertisements featuring the ARTIST, s photograph or likeness and brief examples of the ARTIST, s work taken from video or audio recordings. CITY shall refer all inquiries regarding personal appearances and interviews of the ARTIST to the ARTIST I s appointed agent. 3 Contract No. 9. Illness. Iniury or Death of ARTIST In the event the ARTIST's PERFORMANCE is rendered impractical or infeasible due to serious injury, illness or death of the ARTIST, actual threats of imminent bodily harm to ARTIST if PERFORMANCE is rendered, or unexpected family emergency, then the ARTIST may cancel the PERFORMANCE without breaching this Agreement. However, no compensation shall be owing to the ARTIST. The ARTIST shall make every effort to notify the CITY by telephone, facsimile, or telegram of such pending cancellation as soon as reasonably possible. An injury or illness shall be considered serious if, in the opinion of a qualified physician, the condition is immobilizing or in any way poses a significant threat to the life and health of the ARTIST. A family emergency shall consist of a sudden and unexpected hospitalization or death of any immediate family member or any unanticipated occurrence beyond the ARTIST, s control threatening the health or life of an immediate family member that requires the ARTIST, s personal presence on the date and time of the PERFORMANCE. 10. Assignment by ARTIST The parties hereto stipulate that the ARTIST, s services are personal in nature and/or unique, thus the ARTIST may not assign or substitute its PERFORMANCE of this Agreement with any other artist or party absent the CITY, s express consent in writing. The CITY shall be under no obligation to consent to any proposed assignment or other substitution by the ARTIST. However if the CITY does consent, then the ARTIST, s failure to personally perform the services required by the Agreement shall not constitute a breach thereof. 11. Independent Contractor I:I Contract No. All of the services required hereunder shall be performed by ARTIST personally and/or by ARTIST, s agent and employees, who shall remain at all times under ARTIST, s direct control and supervision. It is the parties intent that the ARTIST shall remain at all times an independent contractor of the CITY and not its employee or agent. 12. Termination The CITY reserves the right to terminate this Agreement for any reason, provided it gives ARTIST at least fourteen (14) days written notice of such termination prior to the scheduled date of the PERFORMANCE. Said notices shall be deemed to be given as of the date it is postmarked. The CITY shall also use its best efforts to notify the ARTIST by telephone of any pending termination as soon as reasonably possible. In the event of termination pursuant to this Section, the CITY shall not be in breach and no compensation shall be owing to the ARTIST. 13. Legal Compliance The ARTIST and its agents, officers, and employees shall comply with all federal, state, and local laws and regulations applicable to the services being provided pursuant to this Agreement, including, but not limited to, any requirements under the American Society of Composers, Authors, and Publishers or under any other copyright law and/or licensing agreements. 14. Indemnification and Hold Harmless The ARTIST shall indemnify and hold the CITY, its officers and employees, free and harmless from any liability, loss, cost or expense resulting from any injury or damage to any person caused by ARTIST, its agents or employees, while engaged in the PERFORMANCE of this Agreement as described in Exhibit B. Prior to the 4i Contract No. PERFORMANCE, each performer and/or crew member associated with the PERFORMANCE must sign the City of Palm Desert Artist Waiver, Release, Hold Harmless, & Agreement Not to Sue, as described in Exhibit E attached hereto and incorporated herein by this reference. 15. Insurance The ARTIST fully assumes all of the following risks: A. Injury to itself and to its agents or employees arising out of their performance of this Agreement. B. Damage to or theft of any personal property or equipment owned by or under the control of ARTIST, its agents, volunteers and employees. 16. Liquidated Damaqes The parties hereto state that it would be difficult, if not impossible, to calculate with precision the amount of damages that the CITY would suffer in the event the ARTIST were to breach this Agreement by nonperformance or late performance. Thus, the parties hereto stipulate that in the event the ARTIST is not ready, willing and able to perform on the date and time specified by Exhibit B, and the PERFORMANCE has not otherwise been canceled pursuant to this Agreement, then the CITY's damages shall be fixed as follows: A. Late Performance: The CITY's estimated damages for late performance shall be $300 for every 15 minute delay in commencement of the PERFORMANCE caused by the ARTIST. Such damages may be deducted by the CITY from any compensation owing to the ARTIST. Any delay in commencement of the PERFORMANCE caused by the Contract No. ARTIST exceeding one hour shall be deemed a nonperformance and material breach of this Agreement, unless expressly waived by the CITY. B. Nonperformance: No compensation shall be due in the event of any nonperformance by the ARTIST constituting a material breach of this Agreement. In addition, the CITY, s estimated damages for a nonperformance shall be $5,000. This Section shall not prevent either party from recovering compensatory damages for breaches of this Agreement due to causes other than the ARTIST, s late performance or nonperformance. 17. Attornev' s Fees Should any action or proceeding be brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 18. Modification No modification of this Agreement shall be valid unless agreed to in writing by both the CITY and ARTIST. 19. Prohibited Interests The ARTIST represents that neither it nor any of its agents or employees is currently an officer or employee of the CITY. 20. Force Maieure Any delay or failure in the Performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is VA Contract No. beyond the reasonable control of the Party claiming Force Majeure, including, but not limited to, acts of God, fires, floods, rain, heavy winds, earthquake, explosions, riots, wars, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, destruction of the premises, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party's failure to perform its obligations under this Agreement. In the case of a Force Majeure event, this Agreement shall be extended to a mutually agreed upon date within a year of the original performance date. If no future date can be reasonably agreed upon, this Agreement shall be null and void. Contract No. EXECUTION: The undersigned represent that they are authorized to execute this Agreement on behalf of the parties hereto on whose behalf they purport to sign. This Agreement shall be deemed executed on the date first above written. CITY OF PALM DESERT ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY [ARTIST] (Signature; must be notarized) (Printed Name) 9 Contract No. EVENT: NAME OF ARTIST: DESCRIPTION: LOCATION PERFORMING ARTS AGREEMENT EXHIBIT A 10 Contract No. PERFORMING ARTS AGREEMENT EXHIBIT B DATE: START TIME: END TIME: ARTIST must arrive, at least, one hour prior to PERFORMANCE for sound check and coordination with sound and lighting technicians. ARTIST must be set up and ready to begin PERFORMANCE no later than The PERFORMANCE must conclude promptly at . ARTIST is entitled to one five minute break between sets, if necessary. ARTIST shall submit a song list four weeks prior to the PERFORMANCE. CITY shall review song list and submit changes at a minimum of one week prior to PERFORMANCE. 11 Contract No. PERFORMING ARTS AGREEMENT EXHIBIT C Compensation of $ to be paid at conclusion of PERFORMANCE. ARTIST is to submit an invoice to the CITY no later than 30 days prior to the PERFORMANCE. ARTIST shall obtain a City of Palm Desert Daily Business License for the fee of $26.00 no later than 30 days prior to the performance. Payment to ARTIST shall occur at the end of PERFORMANCE on the night of the event. Any payment due to outside booking agencies shall be paid by the ARTIST. NOTE: Not obtaining the Daily Business License in a timely manner will result in delay of payment. 12 Contract No. PERFORMING ARTS AGREEMENT EXHIBIT D Lighting, sound amplification, and other technical equipment related to sound and lighting for the PERFORMANCE shall be provided by Studio Instrument Rentals (SIR) of Palm Springs. 13 Contract No. EXHIBIT E CITY OF PALM DESERT — PERFORMING ARTS AGREEMENT ARTIST WAIVER, RELEASE, HOLD HARMLESS & AGREEMENT NOT TO SUE I, (FULL NAME) acknowledge that I have agreed to participate as a Performer or Crew Member and assume all risks and hazards incidental to my participation in the City of Palm Desert's Spring and Fall Concert Series (hereinafter "Event"). I AM AWARE THAT THESE ACTIVITIES ARE POTENTIALLY HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN. hereby release, discharge and agree not to sue the City of Palm Desert, the Desert Recreation District, and their respective officers, officials, directors, employees, volunteers, and agents for any injury, death, or damage to or loss of personal property arising out of, or in connection with, my participation in the Event from whatever cause, including the active or passive negligence of the City of Palm Desert and Desert Recreation District, or any other participants in the Event. The parties to this agreement understand that this document is not intended to release any party from any act or omission of "gross negligence," as that term is used in applicable case law and/or statutory provision. In consideration for being permitted to participate in the Event, I hereby agree, for myself, my heirs, spouse, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Palm Desert and Desert Recreation District from any and all claims, demands, actions, or suits arising out of, or in connection with, my participation in the Event. I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. ARTIST PARTICIPANT SIGNATURE If under 18 years of age: PARENT OR GUARDIAN SIGNATURE DATE DATE 14