HomeMy WebLinkAbout1989-08-22; City Council; 10205; APPROVAL OF CONTRACT FOR POPS CONCERT AND APPROPRIATION OF FUNDS FOR THE CONCERTI
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Clp( OF CARLSBAD - AGENV BILL v /T
TITLE: APPROVAL OF CONTRACT FOR POPS I:
CONCERT AND APPROPRIATION OF C
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MTG.8_/22/89
DEPT. LIB FUNDS FOR THE CONCERT
RECOMMENDED ACTION:
C
Pp; Adopt Resolution No. $, approving Contract between the City of Carls
and San Diego Symphonyfor the Carlsbad Pops Concert, and authorizins
Mayor of the City of Carlsbad to execute said contract for and on beha
the City of Carlsbad.
ITEM EXPLANATION
The Arts Commission recommends that City Council accept the con
with San Diego Symphony for the fourth annual Pops Concert to be he1
Sunday, September 3, 1989, 7:OO p.m., in the Carlsbad Research Cent6
the corner of Faraday Avenue and Priestly Drive.
Admission to the concert will be free.
FISCAL IMPACT
The Pops Concert will require the appropriation of $17,500 from the Ger
Fund Contingency Account No. 001 -840-1990-2999 to be transferred tc Arts Office General Fund Account No. 001-840-4210-2495. It is anticip
that funding in the amount of $18,000 will be donated to cover costs o
concert and deposited in Symphony Pops Account No. 880-519-92164
An amount of $2,500 was donated from Carlsbad Research Center to e the cost of the fireworks. Other funds for the event in an estimated am
of $5,000 will come from the Arts Office budget.
EXHIBITS &++
1. Resolution No. - approving contract.
2. San Diego Symphony Contract, dated -
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RESOLUTION NO. 89-298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING CONTRACT FC A 1989 POPS CONCERT AND APPROPRIATING FUNDS
The City Council of the City of Carlsbad, Calif1
hereby resolve as follows:
WHEREAS, the City's Arts Office provide3
opportunities for Carlsbad residents, and
WHEREAS, the Arts Commission recommends a PC
again be held at the Carlsbad Research Center, and
WHEREAS, the Arts Commission recommends
contract with San Diego Symphony.
NOW, THEREFORE, BE IT RESOLVED by the City Cou
City of Carlsbad, California that:
1. The above recitations are true and correc
' 2. The City will sponsor a 1989 Pops Concert
3. Appropriation of $17,500 for the San Diel is hereby approved, funds to be transferr the General Fund Contingency Account No. 00
2999 to General Fund Account No. 001-840
PASSED, APPROVED AND ADOPTED at a regular mee
Carlsbad City Council held on the 22nd day of August 1
following voteto wit: I
AYES: Council Members Lewis, Kulchin, Larson, Mamaux
NOES: None
ABSENT: None
ATTEST:
ALEYHA L. RAUTENKRANZ, City Cierk
(SEAL) resol1
L bfyv@IEGO &Ymy
Sl;mphony kd B 124 Seventh Avenue. San Diego, CX 92101 , (619) 699420
THIS AGREEMENT between the San Diego Symphony Orchestra
Association, a not-for-profit corporation incorporated under tt 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 hereiI set forth, the Symphony agrees to furnish and the Presentor agrees to hire the services of the San Diego Symphony Orchestr- far one (1) concertts) to be given on:
Dav of Week Date Hour - ---
Sunday September 3, 1989 7:OO pm
at:
Name of Facility Address
-_.
Faraday & El Camino Real
Except as otherwise specifically agreed to in writing, the selection of the proqram, any soloist, and other artistic personnel for eacn concert shall be at the sole discretion of
Symphony, and the mere consent of the Symphony to furnish particular music or other matter of persons (including the
conductor) shall not be deemed a waiver or relinquishment of t power.
2. PAYMENT, The Presentor shall pay to the Symphony the am01 of:
$ 17,500 (Seventeen Thousand Five Hundred and no/100 nolla rs)
A deposit of $ 1,750 (One Thousand Seven Hundred Fifty Dollars) shall be
required on execution of contract, leaving a balance due of:
$ 15,750 (Fifteen Thousand Seven Hundred Fiftv Dollars)
Payment for each concert shall be in lawful money of the Unit States by certified check on or before the day of the concert On failure to pay, the total amount for all concerts shall th
become due and owing. Time is of the essence to the provisio.
of this paragraph.
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3. THE SYMPHONY SHALL PROVIDE:
See "Addendum B," pages 10-11
4. FACILITIES. The Presentor shall provide at its expense tk above named facility(ies) at the time(s) indicated, properly heated, ventilated, lighted, clean and in good order, equipped with a stage or platform large enough to seat the Orchestra conveniently and comfortably, *XI~HXXXX~~EXG&XE~~~~ %%%&x&88%&%%- with adequate dressing rooms for the Orchesi the Conductor, and the guest artists, if any, with accessible adequate space for instrument cases and baggage, with sufficit
personnel to handle equipment, set the stage, and operate its mechanical, electrical, and other equipment.
When required by the Symphony, the Presentor shall furnish, a its expense, one or two properly tuned concert grand pianos, requested.
All of the above shall be to the satisfaction of the Symphony and shall also be provided for any daytime rehearsals request by the Symphony prior to and for each concert.
The Presentor, at its expense, shall furnish for performances
ticket sellers and takers, ushers, special police, attaches a other like personnel, any licenses and permits required, tic1 of admission and programs, postage or express charges or prir matter, all other advertising costs, and shall bear all othe expenses in connection with the giving of the concert, to include :
See "Addendum B," pages 10-11
The Presentor, at its expense, shall provide the Symphony fc library, Ten (10) copies of the program for each concert.
5. COURTESY TICXETS. For each concert, the Presentor shall provide, upon request, up to Ten (10) complimentary seats tc Symgnony and at the disposal of its management.
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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 forn:
as may be prescribed by the Symphony, and to print and distribu
house programs from copy furnished by the Symphony, said copy t be printed in its entirety as furnished. Advance proof of hour programs shall be furnished the Symphony not less than two weeh
before the concert date for the Symphony's approval of page format and credits. The Presentor agrees to promote and explo: the concerts and to make every effort to secure the largest
possible attendance.
7. RESTRICTION. The Presentor agrees that no concert(s) is(a
to be recorded, broadcast, televised or otherwise extended bey1 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 th facility, the Presentor agrees to make the facility available
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 fe remuneration or compensation for any such extension of the
concert( s) .
8. NO DISCRIMINATION. The Presentor agrees that admission tc and seating in the hall shall be without regard to race, coloi
religion or national origin.
9. PROGRAM CHANGES. The Symphony shall have the right, exercisable solely at its discretion, as represented by the judgement and decision of its Music Director, Conductor or ot authorized representative, to change the program of any conce
at any time and for any reason, regardless of any advertiseme consent or promise of the Symphony, whether contained in Paragraph One hereof or otherwise by removing from the progra 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 c persons or none at all, and the Symphony's performance of thl
program as so changed shall be deemed full performance of it: engagement and obligations, whether under Paragraph One here( otherwise, for the concert which would have otherwise been performed.
1.0. IMPOSSIBILITY OF PERFORMANCE. If the performance of an the covenants and promises of this Agreement on the part of either the Symphony or the Presentor shall be prevented by a of God, force majeure, fire, casualty, illness, physical disability, the acts or regulations of public authorities OK labor unions, labor difficulties, lockout, strike, civil tun war, riot, power failure, blackout, air raid alarm, air raid of public enemy, epidemic, interruption or delay of
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transportation service, or any other cause of a similar or different nature, beyond its control, the parties shall
respectively be 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 specified shall be prevented for any of the foregoing reasons, the Symphc 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
the Addendum to this Agreement is properly supplied and fully filled out by the Presentor, the nonarrival of the Orchestra w not relieve the Presentor from full responsibility hereunder.
12. .NOTICE. Any notice which is provided to be given under t 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 Present0 at its address as set forth below. Either party may, by like notice, designate a different address for the serving of notic
13. MODIFICATION. No modification or waiver of any of the te of this Agreement shall be valid unless in writing and execute 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
14. INSURANCE. P effect a comprehen
hony with insurance certifi such coverage.
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. 15. ASSIGNMENT. This Agreement shall not be assigned by th,
Presentor without the written consent of the Symphony.
16. CONSTRUCTION. This Agreement shall be construed, govern and interpreted pursuant to the laws of the State of Californ
and is a California Contract.
understanding between the parties, and neither party shall be bound by any terms or undertakings other than those contained
the rein.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT T DAY AND YEAR BELOW WRITTEN.
This Agreement represents the
THE SAN DIEGO SYMPHONY ORCHEST ASSOCIATION
BY:
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WESLEY 0. BRUSTAD Executive Director
1200 Elm Avenue
Carlsbad, CA 92008
PRESENTOR'S ADDRESS
DATED: Auqust 23 1989 DATE : - 19
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ADDENDUM "A"
Addendum - to Contract:
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION --
STAGE
A. The stage (with acoustical shell, if available) should be least sixty (60) feet wide and thirty-five (35) feet deep, or minimum of 2,100 square feet.
B. If there are risers, they should not be placed on stage, b. kept readily available if our Stage Manager should decide they are needed.
C. N/A . straight backed chairs are required. They must
STRAIGHT BACKED with LEVEL SEATS.
D. N/A adjustable metal music stands are required.
E.
San Diego Symphony providing chairs and music stands.
LIGHTING
Lighting should be overhead and predominantly white. Some amb
or pink gels may be permissable.
used. Footlights and spotlights should - NOT be used, since the
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 fan which can be heard on stage _. or in the facility should be turne
off during the performance.
E. For Youth Concerts, we require a microphone and public address system, with at least two (2) good speakers, as well a properly tuned piano in good condition.
acceptable.
Blues and greens are not to
Upright models are
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C. RECORDING AND/OR BROADCASTING OF ANY KIND IS ABSOLUTELY
PROHIBITED.
D. ALL - FLASH PHOTOGRAPHS ARE ABSOLUTELY PROHIBITED. Other ty
of photography are similarlypronlblted 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, the violin side (stage right).
B. Dressing roams, with ample room for suitcases and garment bags, are required for fifty (50) men and thirty-five (35) WOI
All windows must be covered and dressing room doors unlocked
prior to the Orchestra's arrival, responsible person stationed at each door throughout the time
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' dres
rooms, and up to eighty-five (85) instrument cases which we k want to place backstage.
STAGEHANDS AND 7 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 perforr in your city, and of the number of men needed. In cities whr union stagehands are normally used for attractions, the requ number: (usually 4) may appear as per union instructions.
B. In same cities, union regulations may require the employ of loaders (Teamsters Union) to transfer the Orchestra's equipment from the truck to the hall,
C.
regulations, the local Presentor must arrange for the requis number (usually 2) of non-union men necessary for the presentation of the concert.
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preferably (
There should be some
If union labor is - not normally called for by local
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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 facilit and who has the necessary keys, etc.
E* arran -T%::< assu ( ‘ e f all-costs applikible) and
whether n or no ion, with exception of the symphon
Stage Manager. &Lh/ldLW< ‘, . Q ’; (943
ACCEPTED - BY:
CITY OF CARLSBAD
LOCAL PRESENTING ORGANIZATION
DATE Auqust 23, MAYOR I’L TITLE
2/88
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NOTE: PLEASE FILL IN ALL INFORNATION REQUESTED BELOW:
DATE :
CITY: Carlsbad
PRESENTOR: City Of Ca rlsbad, Arts Office
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CONCERT TIME( S) : 7:OO P.m.
ADDRESS : FWv F. RtlthPrf-d
HOUSE MANAGER: NfA
PHONE : N /A
HOTELS : N /A
NAME OF PERSON MAKING CONTRACT:
City of C,4-. Art< nffic&hmi~ R~ard~1-y
PERSON TO CONTACT UPON ARRIVAL:
Connie Beardslev
PHONE: 434-2 92 0
OTHER IMPORTANT INFORMATION:.
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ADDENDUM "B"
Addendum - to Contract:
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
Summer Pops Runout Program
Presentor agrees to provide the following for outdoor concert:
I. 2 marked wc and 2 marked men, for the exclusive use of the Orchestra membE
as required by the Symphony's Master Agreement.
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 4( deep, with a minimum height of 36".
3. 110/220 single phase electrical service with LOO amps per 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 Symphony.
5. Backstage security consisting of two (2) personnel beqinnj
one hour prior to scheduled concert time and ending one-half t after conclusion of concert.
6. Dressing room for conductor.
Symphony agrees to provide:
1.
2.
3. Equipment:
At least four (4) properly supplied restrooms,
(Portable
One (1) performance of approximately two hours duration.
pops Conductor and Program, to be determined by Symphony.
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 facilit:
with a seating capacity of up to 3,500. e. Chairs for musicians. production crew to set up Orchestra equipment. 4.
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ADDENDUM "B"
ACCEPTED - BY:
CITY OF CqBLSBAn LOCAL PRESENTING ORGANIZATION
MAYOR August 2 3, 19 89 - DATE TITLE
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