HomeMy WebLinkAboutDang, Alex; 2020-03-11;AGREEMENT FOR PERFORMING ARTIST IN RESIDENCE SERVICES
ALEX DANG
THISAGREEMENTismadeandenteredintoasofthe //'fo dayof /Yfa(d.1 ,2020,
by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Alex Dang, a performing
artist, {"Contractor'').
RECITALS
City requires the professional services of a performing artist that is experienced in providing
performances and school assemblies and related services. Contractor has the necessary experience in
providing these professional services, has submitted a proposal to City and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services {the "Services") that
are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and
conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of 12 (twelve) months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be all inclusive Flat Fee in the amount of four
thousand one hundred fourteen dollars {$4,114). A list of all fees covered under the Flat Fee are listed in
Exhibit "A". Payment will be provided to Performer at performance, scheduled Thursday, March 12, 2020
and Friday, March 13, 2020. The fee(s) due to the Contractor, may, at City's sole discretion, be reduced
on a pro-rata basis by the value of the services(s) not performed.
No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent {10%) retention until
City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City only as
to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and
volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out
of the performance of the work described herein caused by any negligence, recklessness, or willful
misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
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The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or
on behalf of an injured employee under the City's self-administered workers' compensation is included as
a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
6. INSURANCE
If required by City, Performer will be required to show proof of general liability insurance to the City
before commencement of any performance required pursuant to this Agreement, in a minimum amount
of one million dollars, to be kept in full force and effect during the term of this Agreement. City shall be
named as an additional insured by endorsement. Performer is encouraged to maintain any additional
insurance(s) policies that Performer, in its own discretion, feels it should maintain in force and effect
throughout the term of this Agreement.
If required, Workers Compensation Insurance shall be provided as required by the State of California.
Performer must also show evidence of Workers' Compensation coverage in accordance with the laws of
the State of California. The Worker's Compensation policy must contain a waiver of subrogation of
rights against the City of Carlsbad.
7. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement.
For City
Name
Title
Megan Gilby
Cultural Arts Coordinator
Department Library & Cultural Arts
City of Carlsbad
Address 1775 Dove Lane
Carlsbad, CA 92011
Phone No. 760-602-2081
For Contractor
Name
Title
Address
Alex Dang
Owner
Phone No.
Email
9706 SE Dundee Drive
Happy Valley, OR 97056
(503) 484-7569
alexdangpoetry@gmail.com
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or
interests in all categories.
Yes No X
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
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discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the
term of this Agreement.
10. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the
other party. City will pay Contractor's costs for services delivered up to the time of termination, if the
services have been delivered in accordance with the Agreement.
11. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims
as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another
jurisdiction is grounds for the City of Carlsbad to terminate this Agreement.
12. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County, California.
13. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due
under it, without the prior written consent of City.
14. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in
writing, signed by both parties, with a statement of estimated changes in charges or time schedule.
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15. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
CONTRACTOR
A l12-")(1).11.vt~. Yc..l\r I Po~ t ( 0\JJfl((_ r
(print name/title)
CITY OF CARLSBAD, a municipal corporation of
the State of California
~t1r
HEATHER PIZZUTO ~
Library & Cultural Arts Director
ATTEST:
~ARBARA ENGLESON
Ak-t-~"~t, :PM?-, / fott /ow/\(1,.1)-cityClerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~
corporation. Agreement must be signed by one corporate officer from each of the following two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By: &t/tidu I 1<--HLJvuu--,
Assistant City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Performing Arts Guest Artist Residency
• Key Contacts
a. Prior to January 13, 2020: Richard Schultz, 760-602-2086, richard.schultz@carlsbadca.gov
OR Audra Mahoney, 760-602-2093, audra.mahoney@carlsbadca.gov
After January 13, 2020: City Contact: Megan Gilby, 760-602-2081,
megan.gilby@carlsbadca.gov
b. Day of Show: Friday, March 13, 2020
c. Technician: Bonnie Crane-Sullivan, 760-602-2023, bonnie.crane-sullivan@carlsbadca.gov
d. Artist Advance: Alex Dang, {503) 484-7569, alexdangpoetry@gmail.com
• Performance Details
a. Name of event: Front Row Fridays Presents: Alex Dang!-Poet, Speaker, Educator
b. Description of performance: Performance consists of one 60-minute set with live poet
c. Venue site: Carlsbad City Library, Ruby G. Schulman Auditorium, 1775 Dove Lane, Carlsbad
CA 92011
d. Date(s) of performance: Friday, March 13, 2020 Start-time: 7 p.m. End-time: 8:15 p.m.
Expected arrival time: 5 p.m.
e. Access to venue/stage: 5 p.m. No. of sets/workshops: One (1)
f. Length of each sets/workshop: 60 minutes
g. Number/length of Breaks: N/A
• School Assembly Details
a. Name of event: Assembly with Alex Dang!-Poet, Speaker, Educator
b. Description of assembly: Slam Poetry
c. Audience for assembly: Middle School Students (grades 6-8)
d. Venue site: Schulman Auditorium, Carlsbad Public Library
e. Date(s) of performance: Thursday, March 12, 2020 and Friday, March 13, 2020
f. Thursday, March 12, 2020 assembly/question and answer periods:
Morning itinerary:
• Access to venue: 8:30 a.m.
• 9:00 -10:00 a.m. Performance
• 10:00 -10:30 a.m. Question and Answer
• 10:30 -11:30 a.m. Meet and Greet
Afternoon itinerary:
• 12:30 -1:30 p.m. Performance
• 1:30 -2:00 p.m. Question and Answer
• 2:00 -2:30 p.m. Meet and Greet
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g. Friday, March 13, 2020 assembly/question and answer period:
Morning only:
• Access to venue: 8:30 a.m.
• 9:00 -10:00 a.m. Performance
• 10:00 -10:30 a.m. Question and Answer
• 10:30 -11:30 a.m. Meet and Greet
• Services:
a. Contractor shall provide:
• Performance and Assemblies: Programming and preparation for all scheduled
events, including:
• Performances in Schulman Auditorium
• Assemblies with middle school students (grades 6-8)
• Other Materials: Resource guides and marketing materials for promotion.
• Lodging: Contractor will coordinate and take responsibility for booking their own
lodging throughout the duration of their stay with the City (March 12-13, 2020). A
Lodging stipend is outlined below under Fees.
• Performance Content: The Contractor represents and warrants that its Performance
in all aspects (including any sheet music, lyrics or script as may be desired or
required by City) will not violate any copyright, and that all necessary approvals to
perform copyrighted works have been obtained. Contractor agrees to indemnify,
defend and save harmless the City against any copyright claim, demand, liability or
expense caused by or arising out of its Performance. Contractor shall be solely
responsible for the content of the Performance.
• Subject Matter: Contractor agrees to refrain from presenting or performing
material that is derogatory or critical of the City, contains sexually explicit actions or
gestures, expletives and/or other obscenities, or contains racial slurs or is otherwise
derogatory of any race, religion, sexual orientation, age or national origin. Should
such material be presented or performed, City, in its sole discretion, may
immediately terminate the Performance. In the event City terminates the
Performance of Contractor because of violation of this paragraph, City shall not be
liable to Contractor for the balance owed under this Agreement and all monies paid
to Contractor shall be full and complete payment of Contractor's services. In the
event of this occurrence, City shall not be deemed to be in breach of this
agreement.
b. City will provide:
• Transportation: vehicle and transport of Contractor to and from all performance
activities
• Staffing: staff liaison for all scheduled events, inclusive of travel, rehearsals, sound
checks, assemblies and performances
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• Performance Events: coordination, logistics, communication with partners,
confirming of equipment and space accommodations and final booking of all
scheduled performance events
• Space Accommodations:
City-operated locations:
o A sound amplification system that is in good working order and capable of
conforming to the size of the audience, acoustics of the venue site and
producing quality sound reproduction for the duration of the residency.
o Stage lighting that is in good working order and capable of conforming to
the size of the audience, Venue Site and the needs of the Contractor.
• Advertising and Publicity: The City shall pay all costs for local publicity and
performance promotion. Contractor shall furnish the City with on line access to the
marketing no less than sixty (60) days prior to the residency, including graphics,
media releases, photo and content.
• Parking: All parking costs related to conducting the residency week will be paid by
the City.
• Regulatory Compliance: The City shall be solely responsible for taking all reasonably
appropriate action to ensure that all Contract activities and each rehearsal,
assembly and performance complies with the applicable governmental regulations.
• Performance and Workshop Activity Terms:
a. City Audio/Video Recording: City reserves the right to audio and/or video record any
lecture, reading or speaking engagement; including live streaming the event to any
location(s) owned and/or controlled by the City; but not any musical concert or musical
Performance. City may retain the recording in its files, may replay the recordings for its
employees, and may make excerpts available for public viewing. City shall make no more
than three copies of the recordings. City shall not sell the recording. City shall provide a copy
of the recording to the Contractor, upon the Contractor's request.
b. Weather and Other Types of Cancellations: Assemblies/Performances: If Performance is
canceled by City due to inclement weather, acts of God, acts or any other reason, while
Contractor is traveling to or is already at Venue Site, but has not yet performed, City will pay
Contractor Contractor's out-of-pocket travel expenses to the Venue Site. If a storm should
develop while Contractor is at the Venue Site and has already set up or is in the process of
setting up Contractor's equipment, City and Contractor will discuss whether the
Performance should be cancelled. If the Performance is cancelled, Contractor shall be
entitled to full payment.
c. Concession Sales: Contractor shall have the right to offer limited items for sale at the Front
Row Fridays performance on March 13, 2020, on city-owned property (e.g. books, CDs,
DVDs, and audio/video tapes) at a rate of 0% commission. Sales at non-city activity locations
will be subject to adherence to venue policies.
d. Contractor agrees to refrain from offering for sale or distributing material that is derogatory
or critical of the City, contains sexually explicit actions or gestures, expletives and/or other
obscenities, or contains racial slurs or is otherwise derogatory of any race, religion, sexual
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orientation, age or national origin. City reserves the right to pre-approve items offered for
sale by Contractor, both before and during the performance.
• Fees Covered
a. Contractor lodging, and meals stipend
The total stipend payable for Contractor's lodging and meals Wednesday through Friday,
March 11-13, 2020 will be all inclusive in the amount of:
• Meals: $70/day x 3 (three) days= $210
• Flight: $300
• Lodging: $190/night x 3 (three) days= $570
TOTAL: $1,080
b. Contractor services per performance
• $1,500 -Front Row Friday performance
• $1,500 -Middle school engagement/performance
Two (2) School assemblies ($750 each)
TOTAL: $3,000
c. Other fees:
• Carlsbad Business License: Fee for City of Carlsbad business license
expenses related to this specific residency in the amount not-to-exceed thirty-four
dollars ($34).
d. Total Contractor Fee
• Invoicing
• All-inclusive fee to cover Contractor's lodging and meals stipend, and Contractor
Services/performance fees and all other fees for a total not-to-exceed residency fee
in the amount of four thousand one hundred fourteen dollars ($4,114).
City will make all checks payable and addressed to:
Name of Performer/Representative: Alex Dang
Address: 9706 SE Dundee Drive. Happy Valley, OR 97056
Phone: (503) 484-7569
Email: alexdangpoetry@gmail.com
All invoices shall be submitted to Community Arts Coordinator Megan Gilby and shall be sufficiently
detailed to include related residency activities and costs. Final invoice approval will be completed by the
City's Library & Cultural Arts Director or designee.
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WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by: Laurette Garner: Library & Cultural Arts 12/19/2019
(Name and Depa1tment) (Date)
Proposed modification(s) to the General Liability
(Type of insurance)
requirement(s) for _A_le_x_D_a'-n-"'g'-----------
(Name of contract)
D Reduce coverage to the amount of: =--------
~ Waive coverage
D Other: --------------------------------
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
□Significance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product. [explain} ______ _
□Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain:
include number of candidates RFP sent to and number responded if applicable} __________ _
□Contract Amountfferm of Contract: $ _______ . Work will be completed over a period of __ _
□Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ [explain). __________________________ _
~Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request): ____________ _
The artist, Alex Dang, will be performing in the Schulman Auditorium, a City facility for all contractual requirements.
He will be performing spoken word which Is not an active arts discipline and will Incur minimal risk.
Iisk. Mana er 1br this contract onl ~j? ~ t 2 c7t
(Date)
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