HomeMy WebLinkAboutSmith, Michael Paul; 2019-09-20;CITY OF CARLSBAD
PERFORMANCE AGREEMENT FOR LIVE EVENT
MICHAEL PAUL SMITH
THIS CONTRACT is made onlt:l September, 2019 by and between the City of Carlsbad (City) and
Michael Paul Smith (Performer), for a live performance as specified below, and upon the following terms
and conditions:
1. Event
Name of event: Starring Artists presents: Michael Paul Smith's One Man Show, A Tribute to Paul
Robeson
Description of performance: Performance consists of 45 minutes of interview/discussion, 45 to 60
minutes of performance, including live music
Venue site: Carlsbad City Library's Schulman Auditorium, I 775 Dove Lane, Carlsbad CA 920 I I
Date(s) of performance: Saturday, October 5, 2019
Start-time: 7 p.m. End-time: 9 p.m. Expected arrival time: 2JLl!1_
Access to venue/stage: 2JLl!1_ No. of sets/workshops: Two (2) sets
Length of each sets/workshop: 45-60 minutes Number/length of Breaks: One (I), 15 minutes
2. Parking -Reserved
3. Lodging/Meals-Reserved
4. Performance Fee
Performer shall be entitled to a Flat Performance Fee in the amount of two thousand dollars ($2,000) plus
reimbursement for City business license fees in the amount not to exceed thi1iy-four dollars ($34) for a
total not-to-exceed fee of two thousand thirty-four dollars ($2,034). City will pay Performer full fee at
time of performance.
If any unperformed portion of the event or event series is cancelled due to the Performer's inability to
perform, the unperformed portion of the event or event series may be, if feasible, rescheduled to a new
date(s) that is/are mutually agreeable to City and Performer. If a replacement performance cannot be
rescheduled, the fee(s) due to the Performer may, at City's sole discretion, be reduced on a pro-rata basis
by the value of the performance(s) not performed.
City will make all checks payable and addressed to:
Name of Performer: Michael Paul Smith
Address: 14 70 Encinitas Blvd. # 124, Encinitas, CA 92024
Cell: 562-826-2316
Email: michaelpaulsmith!@yahoo.com
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5. Sound
City will provide 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. In the
event that Performer is providing the sound system and special electrical needs are required, Performer
shall notify City of its needs at least 30 days in advance of the first Performance date. Failure to timely
notify the City will result in Performer assuming all the responsibility of providing its own electricity for
the sound system. Ifrequired by state or local laws, Performer will obtain all necessary permits and
approvals associated with the provision of electricity.
6. Stage Lighting
City will provide 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 Production. In the event that Performer is providing the stage
lighting system and special electrical needs are required, Performer shall notify City of its needs at least
30 days in advance of the first Performance date. Failure to timely notify the City will result in Performer
assuming all the responsibility of providing its own electricity for the stage lighting system. If required by
state or local laws, Performer will obtain all necessary permits and approvals associated with the
provision of electricity.
7. Venue Hospitality -Reserved
8. Concession Sales
Performer shall have the right to offer limited items for sale at the Performance (e.g. books, CDs, DVDs,
and audio/video tapes) at a rate of Q% commission (City's fee based on gross revenue from sales).
Performer 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 orientation, age or national origin.
City reserves the right to pre-approve items offered for sale by Performer, both before and during the
performance.
9. Publicity
Performer may provide publicity and promotional materials to City for advertising the Performance.
Performer and/or Representative represents and warrants that City may use all promotional materials
received from Performer or Representative to promote the Performance in all advertising media, including
without limitation, print, TV, radio, Internet, etc., without being in violation of any third patiy intellectual
property rights. Performer agrees to be available for personal interviews. City reserves the right to
photograph the Performance for the purpose of publicizing, advertising, or promoting the City of Carlsbad
and/or programs (collectively "Usage"). Performer(s) waive the right to any fees, royalties, or control,
now or in the future, and Performer(s) grant full permission for the use of Performer(s)' image, including
without limitations, name, likeness, and biography related City's Usage. Performer(s) relinquish any right
that Performer(s) may have to examine or approve the completed product or products or the advertising
copy or printed matter that may be used in conjunction therewith or the use to which it may be applied,
including in all media now in existence or may come into existence in the future.
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10. Radio and Television Coverage
Performer agrees to permit reasonable Radio or Television news coverage of the Performance. City will
try, but is not required, to let Performer know whether Radio or Television news coverage is planned or
will be occurring during the Performance. City is not responsible for securing prior consent of Performer
for said Radio or Television coverage. City is not responsible for obtaining copies of any footage that is
broadcasted on any Radio or Television station for the benefit of Performer. City will assist Performer in
trying to identify which Radio or Television station is on scene. In the event that Performer does not
desire to have any Radio or Television coverage of the Performance, Performer shall be solely responsible
for notifying the Radio or Television station(s) of this desire. If unauthorized taping or broadcasting of
Performance occurs, City shall not be deemed in breach of this contract.
11. City AudioNideo 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 Performer, upon the Performer's request.
12. Weather and Other Types of Cancellations Re: Performance
If Performance is canceled by City due to inclement weather, acts of God, acts or any other reason, while
Performer is traveling to or is already at Venue Site, but has not yet performed, City will pay Performer
Performer's out-of-pocket travel expenses to the Venue Site. In the event that a storm should develop
while Performer is at the Venue Site and has already set up or is in the process of setting up Performer's
equipment, City and Performer will discuss whether the Performance should be cancelled. If the
Performance is cancelled, Performer shall be entitled to full payment.
13. General Cancellation
The City reserves the right to cancel this engagement for any reason at any time prior to 30 days
preceding the engagement, voiding this contract and excusing the City from any payment or other
compensation. If this contract is canceled by the Performer less than 30 days prior to the scheduled
engagement, the Performer will reimburse the City the amount of$(N/A) to help defray the production,
promotion and labor costs that are incurred up to the date of the cancellation.
14. Performance Content
The Performer 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. Performer 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. Performer shall be solely responsible for the content of the Performance.
15. Losses
It is understood and agreed that the City shall not be responsible for any loss of or damage to the property
of the Performer, or for the acts or omissions of the audience.
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16. Independent Contractor
The Performer(s) and/or Representative are independent contractors and not employees of City. No
Performer(s) or his/her employees or Representative or his/her/it employees are or shall hold themselves
out as an agent or employee of the City. The Agent or Performer shall have no authority to make any
commitment on behalf of the City. Performer and/or Representative shall be responsible to pay all
applicable state, local and federal taxes associated with this agreement.
17. Subject Matter
Performer 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 Performer because of violation of this
paragraph, City shall not be liable to Performer for the balance owed under this Agreement and all monies
paid to Performer shall be full and complete payment of Performer's services. In the event of this
occurrence, City shall not be deemed to be in breach of this agreement.
18. Indemnification
Performer and its agents, employees, successors and assigns, agrees to indemnify, hold harmless, protect
and defend the City and its elected officials, agents, and employees, from all claims, reasonable attorneys'
fees and court costs, out-of-pocket expenses, damages (including compensatory and punitive damages)
and liabilities, arising from or relating to the Performer's presentation of the Performance or to its
obligations under this Agreement. This indemnification provision shall survive the expiration or
termination of this Agreement.
19. 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.
20. Production Rights
The Performer agrees that the right to produce the event(s) which are the subject matter of this Agreement
belongs solely to the City and Performer has no right to independently produce or sell rights of any kind
to this event. Further, Performer agrees that Performer will not acquire any independent, individual or
joint rights with the City to the event(s) which are the subject matter of this Agreement. The Parties agree
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that this event(s) is a "work for hire" business arrangement under the United States Copyright Act of 1976
[ 17 U.S.C. §§ IO I, et seq.] and any other applicable law.
21. Complete Contract
This is a fully integrated contract. It is further understood that this Agreement contains the whole
Agreement between Performer and Purchaser and this document supersedes any other terms, agreements,
obligations, covenants, representations, statements or conditions, oral or otherwise or any kind
whatsoever concerning this contract, not expressly set forth herein. Furthermore, it is understood and
agreed that this contract may not be changed, modified, or altered except by mutual agreement of both
parties. All changes to the contract for this engagement must be signed by authorized signatories of both
parties.
22. Governing Law
This Agreement shall be governed by and construed exclusively in accordance with the laws of the State
of California. If any term or provision of this Agreement shall be held illegal, unenforceable, or in
conflict with any law governing this Agreement, the validity of the remaining portions of this Agreement
shall not be affected thereby. Venue for purposes of enforcing any provision of this Agreement shall be
San Diego County.
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23. Signing Authority
The individual on his/her own behalf or the representative for each party signing on behalf of a
corporation, partnership, joint venture or governmental entity hereby declares that authority has been
obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the
other party or parties hereto harmless if it is later determined that such authority does not exist.
CONTRACTOR
'}¢ ~ ( °'-,;(? 4-f L
. (sign he~
A"' Aj,Cij4£Z-,. /~ S.a1 /r,z-/
I L,/ )_I_ (print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
HATHER PIZZUTO
Library & Cultural Arts Director
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a 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 11.J{L,
Deputy/Assistant City Attorney
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ATTEST:
By: ----,....;;,-w-<~ i~-Q~l_.;...._;w~---+-"-=-(½.,
BARBARA ENGLESON I
City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Performer will be featured as part of the City of Carlsbad Cultural Arts Office's series titled Starring
Artists. Events in this series feature approximately 90-105 minutes of performance.
Key Contacts:
• City Contact: Megan Gilby, 760-602-2081, megan.gilby@carlsbadca.gov
Day of Show: Saturday, October 5, 2019
• Technician: Bonnie Crane-Sullivan, 760-602-2023, bonnie.crane-
sullivan@carlsbadca.gov
• Artist Advance: Michael Paul Smith, Cell: 562-826-2316,
michaelpaulsmith 1@yahoo.com
Engagement Venue:
• Carlsbad City Library's Ruby G. Schulman Auditorium, 1775 Dove Lane, CA 92011
www.carlsbadca.gov/library
City will provide:
• Freshly tuned piano for the performance available two (2) hours prior to program start
time.
Chair and music stand for Performer as needed.
• Wireless microphone and microphone stand for Performer as needed.
Performer will provide:
Artists, instrumentation, instruments and repertoire selection
Performance repertoire, performer information and biography information and
organization information for program no later than three (3) weeks prior to performance
date
Date & Show Time:
• Saturday, October 5, 2019
Showtime: 7 p.m.
Doors Open: 6:30 p.m.
• Performer arrival: 5 p.m.
Number & Length of Performances:
One (1) performance
Two (2) sets total: each set approximately 45 minutes in length
One (1) intermission: 15 minutes
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Performance Fees/ Invoicing:
• Performance fee of $2,000 plus $34 City business license fee, totaling $2,034
reimbursement for Performer.
• Performance invoice shall be submitted to Community Arts Coordinator Megan Gilby
and shall be sufficiently detailed to include related costs. Final invoice approval will
be completed by the City's Library & Cultural Arts Director or designee.
City will charge NO ADMISSION for this performance.
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W AIYER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by: Megan Gilby, Community Coordinator, Library & Cultural Arts Dept.
(Name and Department)
9/10/19
(Date)
Proposed modification(s) to the General Liability
(Type of insurance)
requirement(s) for Michael Paul Smith
D Reduce coverage to the amount of: ~$ ______ _
1111 Waive coverage D Other:
F ACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
(Name of contract)
□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 Amount/Term 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]. _____________________________ _
fijOther (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms and an other information ertinent to our re uest : All6ierformances on this agreement
are speakmg, musical and mstruct1onal at the Sc u man Au itorium at Dove Li rary, 1775 Dove Lane, Carlsbad
Approved by Risk Manager for this contract only: ct-llo-!CJ
(Signature) (Date)
H:I WORD\lnsurance\Admin Order #68.doc
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