HomeMy WebLinkAbout1990-07-24; City Council; Resolution 90-250m 9
* RESOLUTION NO. 90-250
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A RESOLUTION OF THE ClN COUNCIL OF THE ClN OF CARLSBAD,
CALIFORNIA, APPROVING A CONTRACT BETWEEN THE CIN OF
CARLSBAD AND THE SAN DIEGO SYMPHONY FOR A 1990 POPS
CONCERT AND APPROPRIATING FUNDS.
WHEREAS, the City’s Arts Mice provides cultural opportunities for
Carlsbad residents; and
WHEREAS, the Arts Commission recommends a Pops Concert for the fifth
consecutive year be held at the Carlsbad Research Center; and
WHEREAS, funding is required in the amount of $18,500 for the San Diego
Symphony Pops Orchestra.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, that:
1. The above recitations are true and correct.
2. The City of Carlsbad will sponsor a 1990 Pops Concert and appropriate
funds of $1 8,500 for the event from acct. no. 001 -820-1 990-2999 into acct. no.
001 -820-421 0-2495.
3. The contract between the City of Carlsbad and the San Diego
Symphony Orchestra, which is attached hereto as Exhibit A and made a part
hereof, is hereby approved.
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4. The Mayor of the City of Carlsbad is hereby authorizes and directed to execute
~ said contract with the San Diego Symphony Orchestra for and on behalf of the
city of Carlsbad.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the Carlsbad
City Council held on the 24th day of July 1990, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clqrk
m !Y
&VDIEGO~YMPHON-Y
Symphony Hall - 1245 Seventh Avenue - San Diego, CA 92101 . (619) 6994200 Facsimile (619) 6994237
THIS AGREEMENT between the San Diego Symphony Orchestra Association, a not-for-profit corporation incorporated under the laws of the State of California (herein called the "Symphony" ) , and:
City of Carlsbad
(herein called the "Presentor"), WITNESSETH:
1. ENGAGEMENT. In consideration of the mutual promises herein set forth, the Symphony agrees to furnish and the
Presentor agrees to hire the services of the San Diego Symphony Orchestra for one (1) concert(s) to be
given on:
Sunday September 2, 1990 7:30 pm Day of Week Date Hour
at:
"""-" Faraday & El Camino Real
Name of Facility Address
Except as otherwise specifically agreed to in writing, the selection of the program, any soloist, and other artistic personnel for each concert shall be at the sole discretion
of the Symphony, and the mere consent of the Symphony to furnish particular music or other matter of persons (in-
cluding the Conductor) shall not be deemed a waiver or
relinquishment of this power.
2. PAYMENT. The Presentor shall pay to the Symphony the amount of:
$18,500 (Eighteen Thousand Five Hundred and no/100 Dollars).
A deposit of
$1,850 (One Thousand Eight Hundred Fifty Dollars) shall be required on execution of contract, leaving a balance due of:
$16,650 (Sixteen Thousand Six Hundred Fifty ..-. Dollars)
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Payment for each concert shall be in lawful money of the United States by certified check on or before the day of
the concert. On failure to pay, the total amount for all concerts shall then become due and owing. Time is of the
essence to the provisions of this paragraph.
3. THE SYMPHONY SHALL PROVIDE:
See "Addendum B," pages 10-11
4. FACILITIES. The Presentor shall provide, at its expense,
the above named facilityties) at the time(s) indicated, pro- perly heated, ventilated, lighted, clean and in good order,
equipped with a stage or platform large enough to seat the Orchestra conveniently and comfortably, EMXtXXZ~XMmt
W~WB8XX8XXBB~~X~XS~dX~~~~~X~~~~~, with adequate dressing rooms for khe Orchestra, the Conductor and the guest artists, if any, with accessible, adequate space for instrument cases and baggage, with sufficient personnel to handle equipment, set the stage, and operate its mechanical, electrical and
other equipment.
When required by the Symphony, the Presentor shall furnish, at its expense, one (1) or two (2) properly tuned concert
grand pianos, as requested.
All of the above shall be to the satisfaction of the Symphony, and shall also be provided for any daytime rehearsals requested by the Symphony prior to and for
each concert.
The Presentor, at its expense, shall furnish for perfor-
mances all ticket sellers and takers, ushers, special
police, attaches and other like personnel, any licenses
and permits required, tickets of admission and programs, postage or express charges or printed matter, all other
advertising costs, and shall bear all other expenses in connection with the giving of the concert, to include:
See "Addendum B," paqes 10-11
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The Presentor, at its expense, shall provide the Symphony
for its library ten (10) copies of the program for each concert.
5. COURTESY TICKETS. For each concert, the Presentor shall provide, upon request, up to ten (10) complimentary seats to
the Symphony and at the disposal of its management.
6. CREDITS, PROGRAM AND PUBLICITY. The Presentor agrees to
display the name of the Orchestra, the Conductor and any other principals in all advertising and printed programs in
such form as may be prescribed by the Symphony, and to print and distribute house programs from copy furnished by the
Symphony, said copy to be printed in its entirety as fur-
nished. Advance proof of house programs shall be furnished
the Symphony not less than two (2) weeks before the concert date for the Symphony‘s approval of page format and credits.
The Presentor agrees to promote and exploit the concerts and to make every effort to secure the largest possible atten-
dance.
7. RESTRICTION. The Presentor agrees that no concert(s)
is(are) to’ be recorded, broadcast, televised or otherwise extended beyond the hall without the prior written consent of the Symphony.
In the event that the Symphony wishes to have the concert(s) recorded, broadcast, televised or otherwise extended beyond the facility, the Presentor agrees to make the facility
available for the installation, operation and removal of
all necessary equipment and facilities. All costs relative thereto shall be borne by the Symphony. The Presentor shall not receive any fee, remuneration or compensation for any
such extension of the concert(s).
8. NO DISCRIMINATION. The Presentor agrees that admission
to and seating in the hall shall be without regard to race,
color, religion or national origin.
9. PROGRAM CHANGE. The Symphony shall have the right,
excercisable solely at its discretion, as represented by the judgment and decision of its Music Director, Conductor
or other authorized representative, to change the program of any concert at any time and for any reason, regardless of any advertisement, consent or promise of the Symphony,
whether contained in Paragraph One hereof or otherwise by removing from the program any music or other matter to be
presented and substituting therefor other music or matter, and by removing any person, including the Conductor of the
concert, persons or group of persons, except the San Diego
Symphony Orchestra itself, and either substituting therefor other person, persons or group of persons or none at all,
and the Symphony’s performance of the program as so changed shall be deemed full performance of its engagement and
obligations, whether under Paragraph One hereof or other-
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wise, for the concert which would have otherwise been performed.
10. IMPOSSIBILITY OF PERFORMANCE. If the performance of any of the covenants and promises of this Agreement on the part of either the Symphony or the Presentor shall be prevented by
an act of God, force majeure, fire, casualty, illness, physi- cal disability, the acts or regulations of public authorities or labor unions, labor difficulties, lockout, strike, civil
tumult, war, riot, power failure, blackout, air raid alarm, air raid, act of public enemy, epidemic, interruption or
delay of transportation service, or any other cause of a similar or different nature beyond its control, the parties
shall be respectively relieved of their obligations hereunder with respect to the performance so prevented for the period
during which such performance
shall be so prevented.
If the presentation of a concert at the time herein speci- fied shall be prevented for any of the foregoing reasons, the Symphony shall be under no obligation to present the concert at a different time or to compensate the Presentor
for any expenses incurred in connection with such concert, except that all reasonable effort will be made to reschedule
the concert.
11. EXCUSE FROM PERFORMANCE. Unless the information
required in the Addendum to this Agreement is properly supplied and fully filled out by the Presentor, the non-
arrival of the Orchestra will not relieve the Presentor from full responsibility hereunder.
12. NOTICE. Any notice which is provided to be given under the terms of this Agreement must be in writing and may be given personally or by registered mail, directed
to the Symphony at 1245 Seventh Avenue, San Diego, CA
92101, and to the Presentor at its address as set forth below. Either party may, by like notice, designate a
different address for the serving of notices.
13. MODIFICATION. No modification or waiver of any of the terms of this Agreement shall be valid unless in
writing and executed with the same formality as this Agreement. Failure of either party to insist in any
one or more instances upon strict performance of any of the terms and provisions on the other party's part to be performed shall not be considered as a waiver or relinquishment of any such term or provision for the
future, and the same shall continue in full force and effect.
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14. INSURANCE. Presentor agrees to procure and continue in effect a comprehensive general liability insurance policy to protect against any and all claims for injury or damages
to persons and property, real and personal, arising in any manner in connection with the performance, with minimum liability limits of $ N/A
due to personal injury or death and of
$ N/A for damages to or destruction of property in any one occur-
rence, with Symphony named as additionally insured. Presen-
tor shall, at Symphony request, furnish Symphony with insurance certificates indicating such coverage.
15. ASSIGNMENT. This Agreement shall not be assigned by the Presentor without the written consent of the Symphony.
16. CONSTRUCTION. This Agreement shall be construed,
governed and interpreted pursuant to the laws of the State of California, and is a California Contract. This Agreement represents the full understanding between the parties, and neither party shall be bound by any terms or undertakings other than those contained therein.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT
THE DAY AND YEAR BELOW WRITTEN.
Cit of Carlsbad THE SAN DIEGO SYMPHONY ORCHESTRTA ASSOCIATION
BY:
WESLEY 0. BRUSTAD Executive Director TITLE
1200 Elm Avenue
Carlsbad, CA 92008
PRESENTOR'S ADDRESS
DATED: July 25, 19 90 DATE: 19
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ADDENDUM "A"
Addendum to Contract: -
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
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STAGE
A. The stage (with acoustical shell, if available) should be at least sixty (60) feet wide and thirty-five (35) feet deep,
or a minimum of 2,100 square feet.
B. If there are risers, they should not be placed on stage, but kept readily available if our Stage Manager should decide
they are needed.
C. straight-backed chairs are required. They must be STRAIGHT-BACKED with " LEVEL SEATS.
D. adjustable metal music stands are required.
E.
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LIGHTING
Lighting should be overhead and predominantly white. Some
amber or pink gels may be permissible. Blues and greens are
not to be used. Footlights and spotlights should NOT be used, since they create a glare which prevents the musicians
from seeing the Conductor and their music clearly (unless it is a Pops performance and music stand lights are being used).
FACILITY
A. Any machinery (such as air-conditioning or ventilating fans) which can be heard on stage or in the facility should
be turned off during the performance.
B. For Youth Concerts, we require a microphone and public
address system, with at least two (2) good speakers, as well as a properly tuned piano in good condition. Upright models
are acceptable.
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C. RECORDING AND/OR BROADCASTING "" OF ANY KIND IS ABSOLUTELY PROHIBITED.
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D. ALL FLASH PHOTOGRAPHS ARE ABSOLUTELY PROHIBITED. Other typesfphotography are similarly prohibited without the express, written consent of the Symphony.
DRESSING ROOMS
A. Private dressing rooms are required for the Conductor,
Concertmaster and soloist (if there is one). The Conductor’s room should be as close to the stage as possible, preferably on the violin side (stage right).
B, Dressing rooms, with ample room for suitcases and garment
bags, are required for fifty (50) men and thirty-five (35)
women. All windows must be covered and dressing room doors unlocked prior to the Orchestra’s arrival. There should be
some responsible person stationed at each door throughout the time the Orchestra is at the facility to prevent unauthorized
entry.
BAGGAGE
The Orchestra carries up to ninety (90) suitcases and garment
bags, which we will want placed in or near the musicians’ dressing rooms, and up to eighty-five (85) instrument cases, which we will want to place backstage.
STAGEHANDS AND LOADERS
A. Our Stage Manager is not a member of the International Alliance of Theatrical Stage Employees (IATSE) and is not obliged to notify your local stagehands’ union of our perfor-
mance in your city and of the number of men needed. In
cities where union stagehands are normally used for attrac- tions, the requisite number (usually 4) may appear as per
union instructions.
B. In some cities, union regulations may require the employ- ment of loaders (Teamsters Union) to transfer the Orchestra‘s
equipment from the truck to the hall.
C. If union labor is not normally called for by local regu-
lations, the local Presentor must arrange for the requisite number (usually 2) of non-union men necessary for the pre-
sentation of the concert.
D. There must be at least one (1) qualified person at the
facility, from the time the Stage Manager arrives until the concert is finished, who is totally familiar with the facili- ties and who has the necessary keys, etc.
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ACCEPTED - BY :
City of Carlsbad, CA LOCAL PRESENTING ORGANIZATION
CLAUDE A. LEWIS,
DATE July 25 19 90 MAY OR TITLE
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NOTE: PLEASE FILL IN ALL INFORMATION REQUESTED BELOW. "-
DATE: Sunday, September 2, 1990
CITY: Carlsbad, California
PRESENTOR: City of Carlsbad, California
CONCERT TIME(S): 7:30 p.m.
ADDRESS: Carlsbad Research Center, Faraday at El Camino Real
Carlsbad , CA
HOUSE MANAGER: Colleen Finnegan
PHONE : (619) 434-2920
HOTELS: NA
NAME OF PERSON MAKING CONTRACT:
Mayor Claude A. "Bud" Lewis
PERSON TO CONTACT UPON ARRIVAL:
Colleen Finnegan (will be on site)
PHONE: NA
OTHER IMPORTANT INFORMATION:
Outdoor concert, free to the public
Local Community Band to play 5:30-6:30 onstage
stagehands to set up for POPS 6:30-7:30
Fireworks accompany Derformance
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ADDENDUM "B"
Addendum to Contract: -
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
SummerPops Run-out Program
Presentor agrees to provide the following for outdoor concerts:
1. At least four (4) properly supplied restrooms, two (2)
marked "women" and two (2) marked "men," for the exclusive use of the Orchestra members, as required by the Symphony's
Master Agreement. (Portable restrooms are acceptable. If
portable restrooms are provided, then handiwipes should be supplied in lieu of a sink.)
2. 150' X 70' smooth and level space adequate for set-up of concert shell and a stage platform measuring at least 60' X 40' deep, with a minimum height of 36".
3. 110/220 single-phase electrical service with 100 amps per leg to be located within 100 feet from stage/shell.
4. Additional sound needs, if required, are to be contracted from the sound company designated by the Symphony.
5. Backstage security consisting of two (2) personnel begin-
ning one (1) hour prior to scheduled concert time and ending one-half (1/2) hour after the conclusion of concert.
6. Dressing room for Conductor.
Symphony agrees to provide: 90 minutes duration - r
1. One (1) performance of approximately Xi@5XGWX#UiXIiXB.iXX n xixxxxx
2. Pops Conductor and program, to be determined by the Symphony.
3. Equipment:
a. San Diego Symphony Orchestra Pops shell.
b. Music stands for the Orchestra.
c. Overhead lighting for the Orchestra. d. San Diego Symphony Orchestra sound system for
e. Chairs for musicians.
facilities with a seating capacity of up to 3,500.
4. Production crew to set up Orchestra eqnipment.
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ADDENDUM " B "
ACCEPTED - BY:
City of Carlsbad LOCAL PRESENTING ORGANIZATION
CLAUDE A. LEWIS,
July 25 19 90 Mayor DATE - TITLE
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