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HomeMy WebLinkAboutWaldman, Kenneth J.; 2019-09-30;AGREEMENT FOR PERFORMING ARTIST IN RESIDENCE SERVICES KENNETH J. WALDMAN THIS AGREEMENT is made and entered into as of the ?,,o~ day of September, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Kenneth J. Waldman, a performing artist, ("Contractor"). RECITALS City requires the professional services of a performing artist in residence that is experienced in providing artistic residency activities and 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 seven thousand eight hundred seventy dollars ($7,870). A list of all fees covered under the Flat Fee are listed in Exhibit "A". The Contractor will be paid the week of the residence services, scheduled Tuesday, October 8 to Saturday, October 12, 2019. 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 attorneys 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. City Attorney Approved Version 6/12/18 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 Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 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 Megan Gilby Title 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 Kenneth J. Waldman Title Owner --------------- Address 3705 Arctic #551 Anchorage, AK 99503 Phone No. 337-258-5994 Email ken@kenwaldman.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 D No ■ City Attorney Approved Version 6/12/18 2 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting 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. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ 3 City Attorney Approved Version 6/12/18 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 (print name/title) (sign here) · f5 r (), J Do ~ "'-~ /( ~ C.4' /J-f>A{j '1A< (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Library & Cultural Arts Director ATTEST: 9JJ. <J~[j;;;, (U'= BARBARA ENGLESON City Clerk 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: ::.LIA AicE]R,[ttorney Assistant City Attorney City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES Performing Arts Guest Artist Residency 1. Contractor's Contact Information Kenneth J. Waldman 3705 Arctic #551, Anchorage, AK 99503 Email: ken@kenwaldman.com Phone Number: 337-258-5994 2. Residency Details Dates: Tuesday, October 8 through Saturday, October 12, 2019 Times: All scheduled events will fall between the hours of 7:30 a.m. and 9:30 p.m., with no one day containing more than eight (8) hours of scheduled events (inclusive of travel, rehearsals, sound checks, workshops, masterclasses, and performances). Arrival Information: Contractor will arrive and report to Carlsbad City Library, Cultural Arts Office, second floor, 1775 Dove Lane, Carlsbad. CA by 8 a.m. on Tuesday, October 8, 2019. Residency Artistic Vision: All activities during residency will be designed with the following artistic goals: • Ken Waldman: Alaska's Fiddling Poet • Themes of residency: o Nature, environment, National Parks o Travel o Folk traditions o Poetry, literacy, writing general topics o Alaskan culture o Traditional folk music, fiddle o Health and wellness through music 3. Services: a. Contractor shall provide: • Residency Activities: Programming and preparation for all scheduled events, including: • Performances in various locations throughout city • Workshops with community members throughout city • Masterclasses with community members throughout city • Residency Duration: A not-to-exceed maximum of 40 (forty) hours of scheduled events during timeframe of residency, inclusive of travel, rehearsals, sound checks, workshops, masterclasses, and performances. City Attorney Approved Version 6/12/18 5 • Residency Schedule: A schedule of activities to be included in residency will be provided in writing to Contractor no less than 14 days prior to start of residency. Changes may occur at any time, and staff will provide changes in writing to Contractor in a timely fashion. • Other Materials: Resource guides, marketing materials and any other print material required for audiences • Lodging: Contractor will provide all coordination and take responsibility for lodging throughout duration of residency. • 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 scheduled residency events • Staffing: staff liaison for all scheduled events, inclusive of travel, rehearsals, sound checks, workshops, master classes and performances • Residency Events: coordination, logistics, communication with partners, confirming of equipment and space accommodations and final booking of all scheduled residency events o Residency Event Locations: • Carlsbad City Library complex • 1775 Dove Ln, Carlsbad CA 92011 • Gowland Meeting Room • Ruby G. Schulman Auditorium • William D. Cannon Gallery • Carlsbad Georgina Cole Library • 1250 Carlsbad Village Dr, Carlsbad CA 92008 • Carlsbad Senior Center/Community Center • 799 Pine Ave, Carlsbad CA 92008 City Attorney Approved Version 6/12/18 6 • Carlsbad Village Faire • 300 Carlsbad Village Dr, #108, Carlsbad CA 92008 • La Posada de Guadalupe Shelter • 2476 Impala Dr, Carlsbad CA 92010 • Pacific Ridge School • 6269 El Fuerte, Carlsbad CA 92009 • Space Accommodations: Non-city operated locations: o Coordination and confirmation with offsite locations, including event date(s), time(s), audience information, location specifics and amenities, arrival and departure times, parking and (when applicable) lighting and sound capabilities and requirements o Conditions in non-city operated locations may vary depending on availability and quality of venue equipment and space 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 online access to the marketing no less than thirty (30) 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 audition, rehearsal, workshop and performance complies with the applicable governmental regulations. 4. Residency Terms: a. 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 Contractor, upon the Contractor's request. b. Weather and Other Types of Cancellations Re: Residency Activities/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 City Attorney Approved Version 6/12/18 7 already at Venue Site, but has not yet performed, City will pay Contractor Contractor's out-of-pocket travel expenses to the Venue Site. In the event that 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 residency activities on city-owned property (e.g. books, CDs, DVDs, and audio/video tapes) at a rate of 0% commission (City's fee based on gross revenue from sales). 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 orientation, age or national origin. City reserves the right to pre-approve items offered for sale by Contractor, both before and during the performance. 5. Fees Covered a. Contractor lodging and meals stipend The total stipend payable for Contractor's lodging and meals during residency will be all inclusive in the amount of one thousand five hundred dollars ($1,500). • Meals: $70/day x 5 (five) days = $350 • Lodging: $190/night x 6 (six)nights = $1,140 b. Contractor services hourly fee The hourly fee payable for the Services to be performed will be in the amount of $150 per hour for a total of forty (40) hours, for a total of six thousand dollars ($6,000). c. Other fees: i. 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). ii. Special Event Aspect Insurance: Fee for procurement of special event aspect insurance coverage for activities related to this specific residency in the amount not-to-exceed one three hundred thirty-six dollars ($336). d. Total Contractor fee All-inclusive fee to cover Contractor's lodging and meals stipend, and Contractor services hourly fee and all other fees for a total not-to-exceed residency fee in the amount of seven thousand eight hundred seventy dollars ($7,870). 6. Invoicing/Payment: 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. City Attorney Approved Version 6/12/18 8 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2019-314 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with Apex Insurance Services P. 0. Box 6450 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: City of Carlsbad TYPE: Artist in Residence Program 1200 Carlsbad Village Drive DATE(S): October 8, 9, 10, 11 and 12, 2019 Carlsbad, CA 92008 LOCATION: Cit:r facilities and Carlsbad State St. Farmers Market; Carlsbad Villai:;e Faire; La Posada de Guadalu11e Shelter and Pacific Ridge School *Liquor Liability YesD No [8J **Liquor Liability after 12 am ends before 2 am □ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41028 MASTER POLICY DATES: EFFECTIVE: JANUARY I, 2019 EXPIRATION: JANUARY 1, 2020 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 MEGL643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased 0 $1,000,000/$3,000,000 0 $2,000,000/$2,000,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy as ifa separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS Kenneth J. Waldman 3705 Arctic #551 Anchorage, AK 99503 CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. ~ er~-/ AUTHORIZED REPRESENTATIVE:------------------------------ DATE ISSUED: September 26, 2019