HomeMy WebLinkAboutC33320A-E - 2014 Spring Concert Series ' Contract No. C33320 A - E
CITY OF PALM DESERT
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SPECIAL PROGRAMS DEPARTMENT
STAFF REPORT
REQUEST: Approval of the 2014 Spring Concert Series
SUBMITTED BY: Amy K. Lawrence, Administrative Secretary
DATE: February 13, 2014
CONTENTS: Standard Performing Arts Contract
Recommendation
By Minute Motion:
1. Approve the 2014 Spring Concert Series schedule;
2. Approve Contract No.c3332oA with Jennifer Keith Quintet (Swing/Jazz) in the
amount of$2,825;
3. Approve Contract No.c3332oB with Britain's Finest (Beatles Tribute Band) in the
amount of$1,800;
4. Approve Contract No.c3332oc with R Buckle Road (Country) in the amount of
$825;
5. Approve Contract No.c3332on with Instant Replay (Variety/Pop/Rock) in the
amount of$2,200;
6. Approve Contract No.c33320E with Palm Desert High School (PDHS) Jazz
Ensemble in the amount of$300;
7. Authorize Mayor to execute subject contracts.
8. Authorize City Manager to approve expenditure with Studio Instrument Rentals
(SIR) of Palm Springs for professional staff, instrumental equipment, sound,
and/or lighting in conjunction with the concerts; and
9. Authorize City Manager to approve expenditure with Morris Desert Media for
radio promotion and live remotes for the concert series.
Funds are available in Account No. 110-4416-414-3061.
Discussion
Palm Desert's Spring Concert Series has become a very well attended and anticipated
event. This season's proposed lineup is sure to be exciting for all ages as it includes a
popular swing/jazz band from Los Angeles, a Beatles tribute band (2014 marks the 50tn
anniversary of the Beatles first American television appearance), a local country music
band, one of Disneyland's house bands, and Palm Desert High School's Jazz Ensemble.
Outlined below is the proposed schedule including dates and designated performers. All
performances will start at 7:30 p.m. and end at 9 p.m.:
Contract No. C33320 A - E
STAFF REPORT
2014 SPRING CONCERT SERIES
FEBRUARY 13, 2014
PAGE 2
• Thursday, May 1, 2014 — Jennifer Keith Quintet (Swing/Jazz)
• Thursday, May 8, 2014 — Britain's Finest (Beatles Tribute Band)
• Thursday, May 15, 2014 — R Buckle Road (Country)
• Thursday, May 22, 2014 — Instant Replay (Variety/Pop/Rock)
• Thursday, May 29, 2014 — Palm Desert High School Jazz Ensemble
At staff's request, the Family YMCA of the Desert has agreed to attend each night to
provide games, raffles, and children's activities before the concerts for the minimal cost of
$60.00 each night. In addition, the Desert Recreation District generously contributed $5,000
for the City's 2013/14 concert series' which has assisted to secure top notch performers.
Staff recommends City Council approval of the proposed concert schedule, the sample
perForming arts contract, and expenditure for professional services with Studio Instrument
Rentals (SIR) of Palm Springs and Morris Desert Media.
Fiscal Analysis
In addition to the $5,000 contribution from Desert Recreation District for the 2013/14 concert
series', an estimated budget for this series was included as part of the FY 2013/2014
Budget; therefore, there should be no additional impact to the General Fund. Funds are
available in Account No. 110-4416-414-3061.
Submitted By:
my K. rence, Administrative Secretary
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Contract No.
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 attached hereto. The ARTIST shall not
perform under the influence of alcohol or any unlawful narcotic, nor shall the ARTIST
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Contract No.
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. 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 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 (unless described in Exhibit B attached hereto). 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
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Contract No.
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. Any and all booking fees charged by an outside booking
agency are to be paid for by the ARTIST. In addition, ARTIST shall obtain a City 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.
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
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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. Assiqnment 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 pertorm 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
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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. 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 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.
14. Insurance
ARTIST fully assumes all of the following risks:
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Contract No.
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 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
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Contract No.
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.
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 [ARTIST]
VAN TANNER, MAYOR (Signature; must be notarized)
ATTEST:
(Printed Name)
RACHELLE KLASSEN, CITY CLERK
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
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Contract No.
PERFORMING ARTS AGREEMENT
EXHIBIT A
NAME OF ARTIST:
DESCRIPTION:
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Contract No.
PERFORMING ARTS AGREEMENT
EXHIBIT B
DATE:
TIME:
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 p.m. The PERFORMANCE must conclude promptly
at 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.
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 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.
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Contract No.
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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