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HomeMy WebLinkAboutC29660A-D - 2010 Concert in the Park Expenditure Contract No. C29660 A-D �� � �� ` CITY OF PALM DESERT STAFF REPORT REQUEST: APPROVAL OF 2010 CONCERT SERIES; EXPENDITURE WITH STUDIO INSTRUMENT RENTALS OF PALM SPRINGS; AND PERFORMING ARTS CONTRACTS SUBMITTED BY: Kristy Kneiding, Marketing Manager DATE: April 8, 2010 CONTENT: Standard Performing Arts Contract Recommendation By Minute Motion: 1. Approve the following schedule for the 2010 Concert in the Park series; 2. Approve expenditure in an amount of $10,000 with Studio Instrument Rentals of Palm Springs for concert professional staff, sound, and lighting; and 3. Authorize the Mayor to sign the following contracts: • 29 Palms Marine Corp. Band, C2g660A ; $1,000 • Rockit Scientists, C 29660B ; $2,000 + Cody Bryant, C 29660C ; $2,000 • Jim Little (Boys & Girls Club Band, C 29660D ; $500 Funds are available in Community Events, Account No. 110-4416-414-3061. No appropriation is needed. Executive Summary Each year the City of Palm Desert produces a series of free concerts and movies for the community. The upcoming series will feature concerts only. Approval of the schedule, performer contracts, and expenditures for production services will allow this project to move forward in a timely manner. Staff Report Approval of 2010 Concert Series April 8, 2010 Page 2 of 2 Backqround Below is the schedule of the 2010 performances: . � . 29 Palm Marine Cor . Band June 3, 2010 Patriotic/Standards Rockit Scientists June 10, 2010 `50s &'60s Rock N' Roll Cod B ant June 17, 2010 Count Bo s & Girls Club Band June 24, 2010 Swin /Jazz Following the series will be the Fourth of July concert and fireworks show. In 2009, the City produced a fall concert and movie series which was held on Friday evenings. Due to low attendance numbers and weather conditions, Staff was directed to move the series to the previous schedule of Thursday evenings during spring/summer. Expenditures in the amount of $10,000 for sound, lighting, and production of the concerts, provided by Studio Instrument Rentals of Palm Springs also require approval. In addition, a sample perForming arts contract is attached, which will be personalized for each band. Staff recommends City Council approval of the performing artists and schedule, as well as the expenditure for professional services with Studio Instrument Rentals of Palm Springs. Fiscal Analvsis The total anticipated cost for the four-concert series, including promotion is $16,000. Funds are budgeted in Account No. 110-4416-414-3061 to cover fees associated with the production of these performances and services. Submitted By: Department Head: � � ' � � �-�l Kristy Knei ing, Marketing Ma ger J i McCarthy, ACM development �-� CITY COUNCIL ACTION Pau S. Gibson, Director of Finance APPROVFD_ ✓ nr�'tEn R�CEIVED OTHrIt Appr val: —' � MEI,TING DATF `�`oZ�/U . � � AYES:�2�13�1:t1,1�CG�"�' � �i�,��/ U7�/��U NO�S: �J�n� 7— Jo . Wohlmuth, City Manager ABS(.NT: N o n� � A�sTAr�v:_ �n� vFtZix��Fn t�v:—_ ��� 1r� g:\rda\kristykneidinglworddata\staffrepoAsmemos\conceAinpark2010staffrpt.doc �riginal on File with City Clerk's Office Contract No. CxxxxxA PERFORMING ARTS AGREEMENT This Agreement is entered into this 8t" day of April, 2010, by and between the CITY OF PALM DESERT, a California municipal corporation, hereinafter referred to as "CITY," and Band, hereinafter referred to as "ARTIST." 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 paymentschedule 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 The ARTIST agrees to render the PERFORMANCE to the best of its abilities on the dates and times outlined in Exhibit B. The ARTIST shall not perform under the influence of alcohol or any unlawful narcotic, nor shall the ARTIST engage in Contract No. CXXXXA 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. Liqhtinq, Sound Amplification and Other Equipment The THEATER'S physical dimensions, built-in lighting and sound equipment, electrical system, and other technical specifications are described `in Exhibit D, attached hereto and incorporated herein by this reference. A'RTIST 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 hands, operators of sound and lighting equipment, and such personnel as may be 2 Contract No. CXXXXA 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 acti�ities 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 i`nquiries 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 ARTIST. The ARTIST shall make every effort to notify the CITY by telephone, facsimile, or email of such pending cancellation as soon as reasonably possible. 3 Contract No. CXXXXA 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. 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 theARTIST.'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. 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 4 Contract No. CXXXXA 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 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: 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 person 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. B. Damage to or theft of any personal property or equipment owned by or under the control of ARTIST, its agents, volunteers, and employees. 5 Contract No. CXXXXA 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 in Exhibit B, and the PERFORMANCE has not otherwise been cancelled 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. CXXXXA 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 Agreementshall be valid unless agreed to in writing by both the CITY and ARTIST. 18. Prohibited Interests 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. CXXXXA 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 BAND 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. CXXXXA PERFORMING ARTS AGREEMENT EXHIBIT A NAME OF ARTIST: Band DESCRIPTION: Contemporary Smooth Jazz 9 Contract No. CXXXXA PERFORMING ARTS AGREEMENT EXHIBIT B DATE: September 25, 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. CXXXXA PERFORMING ARTS AGREEMENT EXHIBIT C Compensation of$0,000.00 to be paid at conclusion of PERFORMANCE. 11 Contract No. CXXXXA EXHIBIT D Lighting, Sound Amplification and Other Equipment 12