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HomeMy WebLinkAbout1990-07-24; City Council; 10730; APPROPRIATION OF FUNDS TO PRESENT SAN DIEGO POPS CONCERTAB#-- TITLE MTG. 7/24/90 DEPT. ArtslLib. APPROPRIATION OF FUNDS TO PRESENT SAN DIEGO POPS CONCERT DEP CITI CIF Q g re $ .. z 2 I- o a s E: z 2 ClaOF CARLSBAD - AGENWBILL ftd RECOMMENDED ACTION: Adopt Resolution No. '@-a58 appropriating funds in the amount of $18,5OC present the annual 1990 San Diego Pops Concert and authorizing the Mayoi execute the contract between the City of Carlsbad and the San Diego Symphc ITEM EXPLANATION: The annual San Diego Symphony Pops Concert is scheduled for Sun( September 2, 1990, at the same location as last year - the corner of Faraday Priestly Drive in the Carlsbad Research Center. Admission to the concert w attracted 4,000-6,000 people for each of the past four years, will be free. Hoehn Motors sponsored the concert in 1989 with a contribution of $18,OC cover the orchestra contract. This year, in an effort to reorganize local givin maximum year-round exposure, Hoehn has chosen not to underwrite the I Concert. Since funds had been raised previously in the private sector, funds not requested in the Arts Office budget for this event. However, the Commission is continuing to seek contributions from the private sector to prl sponsorship. Staff requests City Council consider appropriating funds from the continc account (acct. no. 001-820-1990-2999) in the amount of $18,500 to the account (acct. no. 001 -820-421 0-2495) to cover the cost of the 1990 concc FISCAL IMPACT: Because this event has received corporate support in the past, it is not cu budgeted. The cost of the Symphony Orchestra is $18,500. Any cor1 sponsorship funds obtained will be used to offset this expense. Additional r expenses are $7,000 and are included in the '90/91 budget. EXH I BIT: 1. Resolution No. ,%-ax8 2. San Diego Symphony contract I + 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 e e RESOLUTION NO. 90-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB CALIFORNIA, APPROVING A CONTRACT BETWEEN THE CITY CARLSBAD AND THE SAN DIEGO SYMPHONY FOR A 1990 PC CONCERT AND APPROPRIATING FUNDS. WHEREAS, the City’s Arts Office provides cultural opportunities Carlsbad residents; and WHEREAS, the Arts Commission recommends a Pops Concert for thc consecutive year be held at the Carlsbad Research Center; and WHEREAS, funding is required in the amount of $1 8,500 for the San C Symphony Pops Orchestra. NOW, THEREFORE, BE IT RESOLVED by the City Council of the C Carlsbad, California, that: 1. The above recitations are true and correct. 2. The City of Carlsbad will sponsor a 1990 Pops Concert and apprc funds of $18,500 for the event from acct. no. 001-820-1990-2999 into acc 001 -820-421 0-2495. 3. The contract between the City of Carlsbad and the San Ii 19 2o 21 22 23 24 25 26 27 28 1 Symphony Orchestra, which is attached hereto as Exhibit A and made hereof, is hereby approved. Ill Ill /// 111 //I I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e m 4. The Mayor of the City of Carlsbad is hereby authorizes and directed to e> said contract with the San Diego Symphony Orchestra for and on behalf city of Carlsbad. PASSED, APPROVED AND ADOPTED, at a regular meeting of the Cai day of July 1990, by the following v( City Council held on the wit: 24th AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L NOES: None ABSENT: None AlTEST: ALETHA L. RAUTENKRANZ, City Clirk I e e ~AJDIEGO~~HONY Symphony Hall - 1245 Seventh Avenue - San Diego. CA 92101 g (619) 6994200 - Fanirmle (619) 6994237 THIS AGREEMENT between the San Diego Symphony Orchestra Association, a not-for-profit corporation incorporated under the laws of the State of California (herein called the "Symphony" ) , and: City of Carlsbad (herein called the "Presentor" 1, WITNESSETH: 1. ENGAGEMENT. In consideration of the mutual promises herein set forth, the Symphony agrees to furnish and the Presentor agrees to hire the services of the San Diego Symphony Orchestra for one (1) concert(s) to be given on: Day of Week Date Hour at: Name of Facility Address Sunday September 2, 1990 7:30 pm Faraday & El Camino Real --------- Except as otherwise specifically agreed to in writing, the selection of the program, any soloist, and other artistic personnel for each concert shall be at the sole discretion of the Symphony, and the mere consent of the Symphony to furnish particular music or other matter of persons (in- cluding the Conductor) shall not be deemed a waiver or relinquishment of this power. 2. PAYMENT. The Presentor shall pay to the Symphony the amount of: $18,500 (Eighteen Thousand Five Hundred and no/100 Dollar: A deposit of $1,850 (One Thousand Eight Hundred Fifty Dollars) shall bc required on execution of contract, leaving a balance due o $16,650 (Sixteen Thousand Six Hundred Fifty Dollars) 1 e a Payment for each concert shall be in lawful money of the United States by certified check on or before the day of the concert. On failure to pay, the total amount for all concerts shall then become due and owing. Time is of the essence to the provisions of this paragraph. 3. THE SYMPHONY SHALL PROVIDE: See "Addendum B," pages 10-11 4. FACILITIES. The Presentor shall provide, at its expense, the above named facility(ies) at the time(s) indicated, pro- perly heated, ventilated, lighted, clean and in good order, equipped with a stage or platform large enough to seat the Orchestra conveniently and comfortably, $&MXXX- W~WB~XX8XX~#H~XEXPW~X~~~~~X~~~~~, with adequate dressing rooms for 'the Orchestra, the Conductor and the guest artists, if any, with accessible, adequate space for instrument cases and baggage, with sufficient personnel to handle equipment, set the stage, and operate its mechanical, electrical and other equipment. When required by the Symphony, the Presentor shall furnish, at its expense, one (1) or two (2) properly tuned concert grand pianos, as requested. All of the above shall be to the satisfaction of the Symphony, and shall also be provided for any daytime rehearsals requested by the Symphony prior to and for each concert. The Presentor, at its expense, shall furnish for perfor- mances all ticket sellers and takers, ushers, special police, attaches and other like personnel, any licenses and permits required, tickets of admission and programs, postage or express charges or printed matter, all other advertising costs, and shall bear all other expenses in connection with the giving of the concert, to include: See "Addendum B, I' paqes 10-11 -- 2 , e 0 The Presentor, at its expense, shall provide the Symphony for its library ten (10) copies of the program for each concert. 5. COURTESY TICKETS. For each concert, the Presentor shall provide, upon request, up to ten (10) complimentary seats to the Symphony and at the disposal of its management. 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 form as may be prescribed by the Symphony, and to print and distribute house programs from copy furnished by the Symphony, said copy to be printed in its entirety as fur- nished. Advance proof of house programs shall be furnished the Symphony not less than two (2) weeks before the concert date for the Symphony's approval of page format and credits. The Presentor agrees to promote and exploit the concerts anc to make every effort to secure the largest possible atten- dance. 7. RESTRICTION. The Presentor agrees that no concert(s) is(are) to' be recorded, broadcast, televised or otherwise extended beyond 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 the facility, the Presentor agrees to make the facility available for the installation, operation and removal of all necessary equipment and facilities. All costs relative thereto shall be borne by the Symphony. The Presentor shal not receive any fee, remuneration or compensation for any such extension of the concert(s). 8. NO DISCRIMINATION. The Presentor agrees that admission to and seating in the hall shall be without regard to race, color, religion or national origin. 9. PROGRAM CHANGE. The Symphony shall have the right, excercisable solely at its discretion, as represented by the judgment and decision of its Music Director, Conductor or other authorized representative, to change the program of any concert at any time and for any reason, regardless of any advertisement, consent or promise of the Symphony, whether contained in Paragraph One hereof or otherwise by removing from the program 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 therefo other person, persons or group of persons or none at all, and the Symphony's performance of the program as so change( shall be deemed full performance of its engagement and obligations, whether under Paragraph One hereof or other- 3 b e e wise, for the concert which would have otherwise been performed. 10. IMPOSSIBILITY OF PERFORMANCE. If the performance of any of the covenants and promises of this Agreement on the part of either the Symphony or the Presentor shall be prevented by an act of God, force majeure, fire, casualty, illness, physi- cal disability, the acts or regulations of public authorities or labor unions, labor difficulties, lockout, strike, civil tumult, war, riot, power failure, blackout, air raid alarm, air raid, act of public enemy, epidemic, interruption or delay of transportation service, or any other cause of a similar or different nature beyond its control, the parties shall be respectively relieved of their obligations hereundei 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 speci- fied shall be prevented for any of the foregoing reasons, the Symphony 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 in the Addendum to this Agreement is properly supplied and fully filled out by the Presentor, the non- arrival of the Orchestra will not relieve the Presentor from full responsibility hereunder. 12. NOTICE. Any notice which is provided to be given under the 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 Presentor at its address as set forth below. Either party may, by like notice, designate a different address for the serving of notices. 13. MODIFICATION. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and executed 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 party's part to be performed shall not be considered as a waiver or relinquishment of any such term or provision for the future, and the same shall continue in full force and effect. -.- 4 I) 0 14. INSURANCE. Presentor agrees to procure and continue in effect a comprehensive general liability insurance policy to protect against any and all claims for injury or damages to persons and property, real and personal, arising in any manner in connection with the performance, with minimum liability limits of $ N/A due to personal injury or death and of $ N/A for damages to or destruction of property in any one occur- rence, with Symphony named as additionally insured. Presen- tor shall, at Symphony request, furnish Symphony with insurance certificates indicating such coverage. 15. ASSIGNMENT. This Agreement shall not be assigned by the Presentor without the written consent of the Symphony. 16. CONSTRUCTION. This Agreement shall be construed, governed and interpreted pursuant to the laws of the State of California, and is a California Contract. This Agreement represents the full understanding between the parties, and neither party shall be bound by any terms or undertakings other than those contained therein. IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR BELOW WRITTEN. THE SAN DIEGO SYMPHONY ORCHESTRTA ASSOCIATION BY: WESLEY 0. BRUSTAD Executive Director TITLE 1200 Elm Avenue Carlsbad, CA 92008 PRESENTOR'S ADDRESS DATE: 19 DATED: July 25, 19 90 -- 5 e 0 ADDENDUM "A" Addendum - to Contract: THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION -_____ STAGE A. The stage (with acoustical shell, if available) should be at least sixty (60) feet wide and thirty-five (35) feet deep, or a minimum of 2,100 square feet. B. If there are risers, they should not be placed on stage, but kept readily available if our Stage Manager should decide they are needed. C. straight-backed chairs are required. They must be STRAIGHT-BACKED with -- LEVEL SEATS. D. adjustable metal music stands are required E. LIGHTING Lighting should be overhead and predominantly white. amber or pink gels may be permissible. Blues and greens art not to be used. Footlights and spotlights should NOT be used, since they create a glare which prevents themusician from seeing the Conductor and their music clearly (unless i is a Pops performance and music stand lights are being used FAC I L I TY A. fans) which can be heard on stage or in the facility should be turned off during the performance. B. For Youth Concerts, we require a microphone and public address system, with at least two (2) good speakers, as we? as a properly tuned piano in good condition, Upright mode: are acceptable. Some Any machinery (such as air-conditioning or ventilating C. RECORDING AND/OR BROADCASTING ---- OF ANY KIND IS ABSOLUTEL PROHIBITED. -.-. 6 d 0 e D. ALL FLASH PHOTOGRAPHS ARE ABSOLUTELY PROHIBITED. Other typesfphotography are similarly prohibited 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, preferably on the violin side (stage right). B. Dressing rooms, with ample room for suitcases and garment bags, are required for fifty (50) men and thirty-five (35) women. All windows must be covered and dressing room doors unlocked prior to the Orchestra‘s arrival. There should be some responsible person stationed at each door throughout thc time the Orchestra is at the facility to prevent unauthorizec entry. BAGGAGE The Orchestra carries up to ninety (90) suitcases and garmen bags, which we will want placed in or near the musicians’ dressing rooms, and up to eighty-five (85) instrument cases, which we will want to place backstage. STAGEHANDS - AND 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 perfor mance in your city and of the number of men needed. In cities where union stagehands are normally used for attrac- tions, the requisite number (usually 4) may appear as per union instructions. B. In some cities, union regulations may require the emplo- ment of loaders (Teamsters Union) to transfer the Orchestra equipment from the truck to the hall. C. If union labor is - not normally called for by local regu lations, the local Presentor must arrange for the requisite number (usually 2) of non-union men necessary for the pre- sentation of the concert. 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 facil ties and who has the necessary keys, etc. 7 e 0 ACCEPTED - BY : City of Carlsbad, CA LOCAL PRESENTING ORGANIZATION CLAUDE A. LEWIS, DATE Julv 25 19 90 MAYOR TITLE 2/88 -.- 8 0 0 NOTE: PLEASE FILL IN ALL INFORMATION REQUESTED BELOW. --- DATE : Sunday, September 2, 1990 CITY: Carlsbad, California PRESENTOR: City of Carlsbad, California CONCERT TIME(S): 7:30 p.m. ADDRESS : Carlsbad Research Center, Faraday at El Camino Real Carlsbad, CA HOUSE MANAGER: Colleen Finnegan PHONE: (619) 434-2920 HOTELS: NA NAME OF PERSON MAKING CONTRACT: Mayor Claude A. "Bud" Lewis PERSON TO CONTACT UPON ARRIVAL: Colleen Finnegan (will be on site) PHONE: NA OTHER IMPORTANT INFORMATION: Outdoor concert, free to the public Local Community Band to play 5:30-6:30 onstage stagehands to set UP for Pops 6:30-7:30 Fireworks accomuany performance -.- 9 e 0 ADDENDUM I'B" Addendum - to Contract: THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION SummerPops Run-out Program Presentor agrees to provide the following for outdoor concerts: 1. At least four (4) properly supplied restrooms, two (2) marked "women" and two (2) marked "men," for the exclusive use of the Orchestra members, as required by the Symphony's Master Agreement. (Portable 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 o concert shell and a stage platform measuring at least 60' X 40' deep, with a minimum height of 36". 3. 110/220 single-phase electrical service with 100 amps p leg to be located within 100 feet from staqe/shell. 4. Additional sound needs, if required, are to be contract from the sound company designated by the Symphony. 5. Backstage security consisting of two (2) personnel beg ning one (1) hour prior to scheduled concert time and endii one-half (1/2) hour after the conclusion of concert. 6. Dressing room for Conductor. Symphony agrees to provide: 90 minutes durati 1. One (I) performance of approximately Xl@5X&WX#8~Xi!lX23iiX 2. Pops Conductor and program, to be determined by the Symphony. 3. Equipment: xixxxw 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 e. Chairs for musicians. facilities with a seating capacity of up to 3,500 4. Production crew to set up Orchestra eqrripment. 10 e a AD D END U El " B I' ACCEPTED - BY: LOCAL PRESENTING ORGANIZATION City of Carlsbad CLAUDE A. LEWIS, Mayor 90 - July 25 19 DATE TITLE 2/88 -.- 11 * * June 21, 1990 Our 62nd Season Colleen Finnegan Community Arts Coordinator Carlsbad Arts Office, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Colleen: As promised, enclosed are the contracts for the Septembe 1990 performance of the San Diego Symphony in Carlsbad. are certainly looking forward to returning to your commu If you have any questions regarding the contract, please me a call. Sincerely, bbJ Enclosures