HomeMy WebLinkAboutC32650A-C - Spring 2013 Concert Series CITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT
STAFF REPORT
REQUEST: Approval of the First Annual Spring (2013) Concert Series
SUBMITTED BY: Frankie Riddle, Director of Special Programs
DATE: March 14, 2013
CONTENTS: Standard Performing Arts Contract
Recommendation
By Minute Motion:
1. Approve the 2013 Spring Concert Series schedule;
2. Approve Contract No. c3265oA with Bobby Sanchez Combo (Oldies) in the
amount of$1,200;
3. Approve Contract No.c3265oB with Jasmine Fields (New Country) in the
amount of$1,200;
4. Approve Contract No. c3265oc with L.A.vation (U2 Tribute/Rock) in the amount
of$1,800;
5. Approve partnership with Family YMCA of the Desert for performance by
Upstream (perFormances include Calypso music, dancing, fire eating/breathing,
Limbo, etc.);
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; and
7. Authorize the Mayor to execute subject contracts.
Funds are available in Account No. 110-4416-414-3061.
Discussion
Each year the City of Palm Desert produces a summer concert series that is free to the
community. In 2012, the City produced its first fall concert series that was also free to the
community. In effort to determine how the concerts are received in the community and what
changes may be necessary, if any, in January 2012 a survey was mailed to Palm Desert
residents to determine community interest in the concert series (tallied results were
previously provided to City Council). Of the 1,118 returned surveys tallied, the majority of
respondents preferred both spring and fall (specifically the months of May and October) for
the concert series. Therefore, staff is proposing that the summer concerts be changed to
spring (May) and that the fall concerts remain in October. In addition, staff is incorporating
more activities for kids at the concerts with the Family YMCA of the Desert and Desert
Recreation District, and is also working with Desert Radio Group to promote the concerts
which include live remotes with raffles and prizes before the concerts.
Contract No. C32650A-C
STAFF REPORT
' 2013 SPRING CONCERT SERIES
MARCH 14, 2013
PAGE 2
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.
Mr. Rob Ballew with the Family YMCA of the Desert indicated that Dr. Van has again
agreed to sponsor a band as noted above for their organization. If approved, the City will
pay all other costs associated with the performance (e.g. sound/lighting and marketing) as
part of its costs to conduct other concerts. 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 spring concert series.
Outlined below is the proposed 2013 Spring Concert Series schedule including dates and
designated performers. Since there are five Thursday's in the month of May, the concerts
will not start until the second Thursday. All performances will start at 7:30 p.m. and end at
9:00 p.m.:
• Thursday, May 9, 2013 — Bob Sanchez Combo (Oldies)
• Thursday, May 16, 2013 — Jasmine Fields (New Country)
• Thursday, May 23, 2013 — Upstream (Calypso)
• Thursday, May 30, 2013 — L.A.vation (U2 Tribute/Rock)
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 (SIR) of Palm Springs.
Fiscal Analvsis
An estimated budget for this series was included as part of the FY 2012/2013 Budgef;
therefore, there should be no additional impact to the General Fund. Funds are available in
Account No. 110-4416-414-3061.
CITY COUNCIL��ITON
Submitted By: APPROVED DENIED
RECEIVED OTHER �_
MEET G D C1� /
Franki 'ddle, irector of Special Programs A'YE5 � l�j
NOES:
ABSENT:
ABSTAIN:
Paul S. Gibson, Director of Finance VERIFIED BY:
Original on File with City erk's Office
ARproval:
� � _
o M. Wohlmuth City Manager
Contract No. C
PERFORMING ARTS 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
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Contract No. C
the influence of aicohol or any unlawful narcotic, nor shall the ARTIST engage in
behavior during the PERFORMANCE #hat 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. Liqhtina, Sound Amplification and Other Equiument
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
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Contract No. C
necessary to effectuate the PERFORMANCE, inciuding 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. Any and all
booking fees charged by GigMasters are to be paid for by the ARTIST. In addition,
ARTIST shall obtain a Cifiy of Palm Desert Daily Business License, which payment
shall also 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.
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Contract No. C
8. Iliness, Iniury or Death of ARTIST
in the event the ARTIST's PERFORMANCE is rendered impracticai 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. "
9. Assiunment 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,
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Contract No. C
then the ARTIST�s failure to personally perform the services required by the
Agreement shali 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
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. Leaal 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.
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Contract No.C
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:
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 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 speci�ed 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
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Contract No. C
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 shaii 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 $5,000.
This Section shall not prevent either party from recovering compensatory
damages for breaches of this Agreement due to causes other than the ARTIST�s late .
performance or nonperformance.
16. Attornev's Fees
Should any action or proceeding be brought to enforce the terms of this
Agreement,the prevailing party shall be entitled to reasonable attorney=s fees and
costs.
17. Modification
No modification of this Agreement shall be valid unless agreed to in writing by
both the CITY and ARTIST.
18. Prohibited Interests
The ARTIST represents that neither it nor any of its agents or employees is
currently an officer or employee of the CITY.
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Contract No. C
EXECUTIOIU:
The undersigned represent that they are authorized to execute this Agreement
on behalf of the parties hereto on whose behalf they purport to sign. This
Agreement shall be deemed executed on the date first above written.
CITY OF PALM DESERT [ARTIST]
JAN C. HARNIK, MAYOR (Signature; must be notarized)
ATTEST:
(Printed Name)
RACHELLE KLASSEN, CITY CL.ERK
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
8
� Contract No. C
PERFORMING ARTS AGREEMENT
EXHIBIT A
NAME OF ARTIST: [ARTIST�S NAME]
DESCRIPTION: [DESCRIPTION OF ARTIST]
9
Contract Na C
PERFORMING ARTS AGREEMENT
EXHIBIT B
DATE: jDATE OF PERFORMANCE]
TIME: 7:30 P.M. TO 9:00 P.M.
ARTIST must arrive, at least, one hour prior to PERFORMANCE for sound
check, coordination with sound and lighting technicians, and be se#up and ready to
perform no later than 7:30 p.m. The PERF�RMANCE must conclude promptly at 9:00
p.m.
ARTIST shall submit a song list four weeks prior to the PERFORMANCE. CITY
shall review song list and submit changes at a minimum of one week prior to
PERFORMANCE. ARTIST(S) is entitled to one five minute break between sets, if
necessary.
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Contract No. C
PERFORMING ARTS AGREEMENT
EXHIBIT C
Compensation of$ 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. In addition, any payment due GigMasters shall be paid by the ARTIST.
(Generally GigMasters' booking fee is 5% of the performance fee.)
NOTE: (Not obtaining the Daily Business License in a timely manner will result in
delay of payment)
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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.
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