HomeMy WebLinkAboutWalters Music Agency; 2019-07-10;CITY OF CARLSBAD
PERFORMANCE AGREEMENT FOR LIVE EVENT
WALTERS MUSIC AGENCY
THIS CONTRACT is made on Su,\~ \~ , 2019 by and between the City of Carlsbad
(City) and Walters Music Agency (Rep entative), who warrants that he/she/it has the authority to
represent and contract on behalf of Los Pinguos (Performer), for a live performance as specified below,
and upon the following terms and conditions:
1. Event
Name of event: Los Pinguos Concert hereinafter referred to as "performance".
Description of performance: Summer concert.
Venue site: Carlsbad City Library, Ruby G. Schulman Auditorium, 1775 Dove Lane, Carlsbad, CA
92011.
Representative's Phone No.: (W), 805-705-6368 (Cell)
Date(s) of performance (If contract consists of multiple performances, workshops or seminars, please
include the whole schedule of performances as part of this contract): Sunday, August 25, 2019
Start-time: 2:00 p.m. End-time: 3:00 p.m. Expected arrival time: 12:30 p.m.
Access to venue/stage: 12:00 p.m. No. of sets/workshops: One (1)
Length of each set/workshop: Concert for 60 minutes Number/length of Breaks: One ( l) break for 30
minutes when house is open at l :30 p.m.
2. Parking
City will provide reasonable access to the Venue Site's stage area for Performer's vehicle solely for the
purpose of loading and unloading equipment (maximum 30 minutes each time) and will provide legal
parking for performer's vehicle during the performance. At City's option and depending on available
parking at Venue Site, City may allow performer extended parking privileges when Performer is not
actively performing on stage. If Performer is required to pay for parking, City will be billed accordingly.
However, City will not be responsible for any parking violations received by Performer or Representative.
3. Lodging/Meals -Reserved
4. Performance Fee
Performer shall be entitled to a Flat Performance Fee in the amount of one thousand, eight hundred fifty
dollars ($1,850). City will pay 100% balance will be paid immediately after completion of final
Performance on August 25, 2019 performance. Payment will be mailed in the form of a check payable to
Walters Music Agency.
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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/Representative: Lisa Walters, Walters Music Agency
Address: 12733 Manor Dr., Auburn, CA 95603
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. If required 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 ofQo/o 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.
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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 party 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.
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.
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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$ NIA 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.
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.
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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
that this event(s) is a "work for hire" business arrangement under the United States Copyright Act of 1976
[17 U.S.C. §§ 101, 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.
(Remainder of Page Intentionally Left Blank)
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23. Signing Authority
The individual on his/her own behalf or the representative for each party signin•g 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.
City:
~ P10~ ,/iJq
Library & Cultural Arts Director Date
Name Printed: Lisa Walters Name Printed: HEATHER PIZZUTO ----~---------Address: 12733 Manor Dr. Address: 1775 Dove Lane
Auburn, CA 95603 Carlsbad, CA 92011
Email: waltersmu~icagency@gmail.com Email: Heather.pizzut~•(a}cadsbadca.gov
Phone: (w) 805-705-6368 Phone: (w) 760-602-2011
Fax#: ______ ·cell: 805-705-6368 Fax#: 760-602-7942 c:'cll: NIA ------
Approved as to Form: ATTEST:
CELIA A. BREWER, City Attorney
By~~.
---City Clerk
Deputy/Assistant City Attorney
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Contact Information
Lisa Walters
Walters Music Agency
12733 Manor Dr.
Auburn, CA 95603
waltersmusicagency(cvgrnail.com
805-705-6368 (cell)
Events & Services
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide agency services to schedule performers for the City. Contractor's fee for agency
services shall include performer fees. Contractor warrants that they have the authority to represent and
contract on behalf of iden.tified perfonners for I ive performances as specified below.:
Venue Site
Carlsbad City Library's Ruby G. Schulman Auditorium, 1775 Dove Lane., Carlsbc1.d, CA 92011.
Performance Date and Fees
Sunday, August 25, 2019 -Summer Concert Performance
Performers: Los Pinguos Performance Fee $1,850
Start-time: 2:00 p.m. End-time: 3:00 p.m. Expected arrival time: 12:30 p.m.
Description of Speaker Performances
Musical concert and performance.
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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: Jessica Padilla Bowen, Library & Cultural Arts June 3, 2019
(Name and Department) (Date)
Proposed modification(s) to the General Liability requirement( s) for _w_a_lte_r_s _M_us_ic_A__cg_e_nc-'-y _______ _
(Type of insurance)
D Reduce coverage to the amount of:
[j] Waive coverage
D Other:
FACTOR(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]. _____________________________ _
[i]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): Theagreementisforaperformancewheretheartistswillbe
playing musical instruments and remain primarily stationary on stage in the Schulman Auditorium, 1775 Dove Lane, Carlsbad CA 92011 on Aug. 25, 2019.
Approved by Risk Manager for this contract only:
(Signature)
H:I WORD\Insurance\Admin Order #68.doc
06/15/2006 27