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HomeMy WebLinkAboutC32090A-C First Annual Fall Concert Series 2012CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: Approval of the First Annual (2012) Fall Concert Series SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: August 23, 2012 CONTENTS: Standard Performing Arts Contract Recommendation By Minute Motion: 1. Approve the 2012 Fall Concert Series schedule; 2. Approve Contract No-Q32o90A with Reaction in the amount of $500; 3. Approve Contract No. mogn with Renee Rojanaro in the amount of $1,350; 4. Approve Contract No.c:-i?ngnc: with Brent Payne and Dakota in the amount of $1,325; 5. Approve partnership with Family YMCA of the Desert for Surfin' USA performance; 6. Approve expenditure with Studio Instrument Rentals (SIR) of Palm Springs for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concerts; 7. Approve five percent fee with Gigmasters online website for booking services of selected bands in an amount not to exceed $200.00; and 8. Authorize the Mayor to execute subject contracts. Discussion Each year the City of Palm Desert produces a summer concert series which is free to the community. However, this year staff is proposing to create a new Fall Concert Series during the month of October. Approval of the schedule, performer contracts, and expenditure of funds for production services will allow staff to move forward with the planning and implementation stage in a timely manner. Staff is attempting to determine future budgeting needs for a summer concert series, a fall concert series or a combination of both series and which is appropriate. The later part of the summer series was not as well attended because of the excess heat. A comparison of attendance and comments received between the fall vs. summer series will be undertaken to determine how best to proceed Staff has attempted several times to contact Mr. Guy Lake to inquire if the Palm Desert High School Symphonic Band would be interested in performing as part of the City's Fall Concert Series; however, to date no response has been received. In addition, staff has been attempting to contact both the DC Navy and the San Diego Navy bands to coordinate a performance by one of these bands in October; however, as of the writing of this staff report, contact has not been made. STAFF REPORT 2012 FALL CONCERT SERIES AUGUST 23, 2012 PAGE 2 Staff was contacted by Rob Ballew, Executive Director of the Family YMCA of the Desert to determine if they could hold a concert in the Civic Center Park the last week of September. Since the proposed date of the concert was so close to the City's proposed concert series, staff suggested that the YMCA and the City partner up and have this concert as part of the City's Fall Concert Series. Mr. Ballew indicated that Dr. Van proposed sponsoring the band Surfin' USA for the YMCA. If approved, the City will pay all other costs associated with the performance (sound/lighting and marketing) as part of its costs to conduct other concerts. Staff does not foresee any issues with this partnership. The City will in essence be saving money associated with the cost of the band and will promote this event as part of our general marketing process for the fall concert series. Outlined below is the proposed 2012 Fall Concert Series schedule including dates and designated performers. Since school will be in session and the sun sets early, staff thought it would be better to have the concerts start at 7:00 p.m. instead of 7:30 p.m.: • Thursday, October 4, 2012 — Surfin' USA (Oldies) • Thursday, October 11, 2012 — Brent Payne and Dakota (Country) • Thursday, October 18, 2012 — Renee Rojanaro (Jazz/Blues) • Thursday, October 25, 2012 — Reaction (Classic Rock/Dance) A sample performing arts contract is attached for City Council approval. The contract will be personalized for each band. Staff recommends City Council approval of the performing artists and proposed schedule, as well as the expenditure for professional services with Studio Instrument Rentals of Palm Springs and for Gigmasters five percent booking fee in an amount not to exceed $200.00. Fiscal Analysis An estimated budget for this series was included as part of the FY 2012/2013 Budget; therefore, there should be no additional impact to the General Fund. Funds are available in Account No. 110-4416-414-3061. Submitted By: Fran CITY COUNCILAi1ION of Special Programs ROVED DENTED RECEIVED OTHER Paul S. Gibson, Director of Finance M. Wohlmuth City Manager MEE NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with Office Contract No. C 32090 A-c PERFORMING ARTS FALL CONCERTS AGREEMENT This Agreement is entered into this day of , by and between the CITY OF PALM DESERT, a California municipal corporation, hereinafter referred to as "CITY," and , 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 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 The ARTIST agrees to render the PERFORMANCE to the best of its abilities on the dates and times prescribed by Exhibit B. The ARTIST shall not perform under 1 Contract No. C 32090A -C 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. Lighting, 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. Dressing and Storage 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 2 Contract No. C 32090 A-C necessary to effectuate the PERFORMANCE, including but not limited to stage 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. (Artistshall obtain a City of Palm Desert Daily Business License, which payment shall be included as part of the compensation paid to Artist.) 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 3 Contract No. C 32090 A-C 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. 9. 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. 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 4 Contract No. Cz,)nae__, n_ e' r 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 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. Leg -al 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 persona caused by ARTIST, its agents or employees, while engaged in the PERFORMANCE of this Agreement as described in Exhibit D. 14. Insurance ARTIST fully assumes all of the following risks: 5 Contract No. C39n9n A-r. 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. 15. Liquidated Damages 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 0 Contract No. C32Q2 a-c 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 I s late performance or nonperformance. 16. Attorney, 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 Interests The ARTIST represents that neither it nor any of its agents or employees is currently an officer or employee of the CITY. r7 Contract No. C -ignAn A-c 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 KLASSEN, CITY CLERK APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY [ARTIST] (Signature; must be notarized) (Printed Name) Contract No. C PERFORMING ARTS AGREEMENT EXHIBIT A NAME OF ARTIST: [ARTIST, S NAME] DESCRIPTION: [DESCRIPTION OF ARTIST] N Contract No. C PERFORMING ARTS AGREEMENT EXHIBIT B DATE: [DATE OF PERFORMANCE] TIME: 7:00 P.M. TO 8:30 P.M. ARTIST must arrive, at least, one hour prior to PERFORMANCE for sound check, coordination with sound and lighting technicians, and be set up and ready to perform no later than 7:00 p.m. The PERFORMANCE must conclude promptly at 8:30 p.m. 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. ARTIST(S) is entitled to one five minute break between sets, if necessary. 10 Contract No. C 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 10 (ten) days prior to the PERFORMANCE. ARTIST shall obtain a City of Palm Desert Daily Business License in the amount of $25.00, which is included as part of the compensation paid to ARTIST. Payment to ARTIST shall occur at the end of PERFORMANCE on the night of the event. (Not obtaining the Daily Business License in a timely manner will result in delay of payment.) 11 Contract No. C EXHIBIT D Lighting, sound amplification, and other equipment as necessary for the complete performance provided by Studio Instrument Rentals of Palm Springs. 12