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Home My WebLink AboutC28920 - Performing Art - 2009 Independence Day Celebration �`•�-� CITY OF PALM DESERT � � -_ COMMUNITY SERVICES DEPARTMENT , . STAFF REPORT REQUEST: APPROVAL OF PERFORMING ARTS CONTRACT IN CONJUNCTION WITH PALM DESERT'S 2009 INDEPENDENCE DAY CELEBRATION DATE: May 21, 2009 CONTENTS: Performing Arts Contract befinreen the City of Palm Desert and Steve Madaio RECOMMENDATION: By Minute Motion, approve Contract No. C 28920 , with Steve Madaio in the amount of $7,500, to provide instrumental and vocal entertainment in conjunction with Palm Desert's 2009 Independence Day celebration and authorize the Mayor to sign the Contract as presented. BACKGROUND: Attached is a proposed contract with Steve Madaio to provide live instrumental and vocal entertainment in conjunction with Palm Desert's 2009 Independence Day celebration in the amount of$7,500. While the 2009/2010 budget has not yet been approved, staff is requesting approval of this contract and attendant funding in order to move forward with the production of this event. Therefore, staff recommends that the City Council approve Contract#C 28920 , authorize the Mayor to sign the subject contract. Funds in the amount of$7,500 are in Account#110- 4416-414-3061 and no appropriation is needed or requested. i C:i;� �--- PATRICIA SCULLY, CFEE HN WOHLMUTH SENIOR MANAGEMENT AN LYST ITY MANAGER , CITY�'C3I�'10'C�f L AC'�'��, SHEILA R. GIL IG �rTp,�Z��`,�,;��_ ACM/COMMUNITY SERVI S -�----- -- ��'�!'� �� rcrev�r�� ---- :: � �af�:x' ___- 14��F'F.T'(NG DATE __ � `�/-r'�j �� ____._----- .__ AYF,S:� < f�L�� — - — -- PAUL GIBSON NOF`�: N�� 'c - ..____ DIRECTOR OF FINANCE/CITY TREASURER ``��rNT: x� �� A135TAIN: � �, VEI2IFIED BY;�/yyL r� Original on File with City Clerk s Uffice Contract No. C28920 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. Li�htina, Sound Amplification and Other Equipment The THEATER�s physical dimensions, built-in lighting and sound equipment, electrical system, and other technical specifications are described on Exhibit D, attached hereto and incorporated herein by this reference. ARTIST shall be responsible for providing, erecting, operating and dismantling, at its own expense, any additional equipment not described in Exhibit D that is necessary to properly effectuate the PERFORMANCE, including any props and stage sets. 3. Make-Up and Costumes The ARTIST shall be responsible for providing, at its own expense, any costumes and make-up necessary to the PERFORMANCE. 4. 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. However, the CITY shall provide ARTIST with non-exclusive access or a public rest room at or in the vicinity of the THEATER. 5. 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 2 Contract No. C28920 hands, operators of sound and lighting equipment, 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 completed at least one hour prior to the time scheduled for the PERFORMANCE. 6. Compensation In exchange for the ARTIST�s PERFORMANCE in accordance with this Agreement, CITY agrees to compensate the ARTIST in the manner described in Exhibit C attached hereto and incorporated herein by this reference. 7. Promotion 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�s appointed agent. 8. 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 3 Contract No. C28920 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 memberthat requires the ARTIST�s personal presence on the date and time of the PERFORMANCE. 9. Assiqnment bv 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. 10. Independent Contractor 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. 4 Contract No. C 28920 11. 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. 12. Leqal Comaliance 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. 13. Indemnification; 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 persona caused by ARTIST, its agents or employees, while engaged in the PERFORMANCE of this Agreement. 14. Insurance 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. 5 Contract No. C28920 B. Damage to or theft of any personai property or equipment owned by or under the control of ARTIST, its agents, volunteers and employees. 15. 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 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. 6 Contract No. C2892p 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. 16. 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. 17. Modification No modification of this Agreement shall be valid unless agreed to in writing by both the CITY and ARTIST. 18. Prohibited tnterests The ARTIST represents that neither it nor any of its agents or employees is currently an officer or employee of the CITY. 7 Contract No. C28920 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 STEVE MADAIO ROBERT A. SPIEGEL, MAYOR (Signature; must be notarized) ATTEST: (Printed Name) RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY 8 Contract No. C2892p PERFORMING ARTS AGREEMENT EXHIBIT A NAME OF ARTIST: Steve Madaio & Friends DESCRIPTION: Music Under The Stars/10 piece instrumental/vocal 9 Contract No. C2892p PERFORMING ARTS AGREEMENT EXHIBIT B DATE: July 4, 2009 TIME: 7:30 P.M. ARTIST must arrive one hour prior to PERFORMANCE for sound check and coordination with sound technicians and be set up ready to perform no later than 7:30 p.m. The PERFORMANCE must conclude promptly at 9:00 p.m. 10 Contract No. C28920 PERFORMING ARTS AGREEMENT EXHIBIT C Compensation of$7,500.00 to be paid at conclusion of PERFORMANCE. 11 Contract No. C28920 EXHIBIT D 12