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HomeMy WebLinkAbout2001-06-05; City Council; 16195; TGIF Jazz Concert Series/ CITY OF CARLSBAD - AGENDA BILL 0 I . . p Y 6 5 8 APPROVAL OF CONTRACT DEPT. HD. TO PRODUCE TGIF CITY ATTY JAZZ CONCERT SERIES CITY MGR * RECOMMENDED ACTION: Adopt Resolution No.&old Iq8’ approving the contract with Rob Hagey Productions, Inc. to produce the 2001 TGIF Jazz in the Parks concert series. ITEM EXPLANATION The Carlsbad Arts Office annually produces 10 outdoor jazz concerts in four city parks. Since the series inception 16 years ago, the City has hired a producer to contract the performers and provide the sound system for each concert. The producer is asked to select local quality bands to perform. The concerts attract an average of 3,000 people per concert. Rob Hagey Productions, Inc. has been producing the concerts for the City for the past seven years. Costs to produce this series have increased by $2,500 to cover the costs of the performers. The TGIF Jazz in the Parks concert series complies with City Council’s goal to “develop, maintain, and enhance programs that support life long learning and result in an informed, knowledgeable and involved public through enhanced citizen engagement.” FISCAL IMPACT The amount of the contract to produce the concerts for 2001 is $27,500. Funds are available and are appropriated in the General Fund account 0014065. EXHIBITS: 1. Resolution No. sm/ -/(/r 2. Contract with Rob Hagey Productions, Inc. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONTRACT TO PRODUCE THE TGIF JAZZ IN THE PARKS CONCERT SERIES WHEREAS, one of City Council’s goals is to “develop, maintain, and enhance programs that support life long learning and result in an informed, knowledgeable and involved public through enhanced citizen engagement”; and WHEREAS, the Carlsbad Arts Office annually produces 10 outdoor jazz concerts in four city parks; and WHEREAS, since the series inception 16 years ago, the City has hired a producer to selecl and contract the performers and provide the sound system for each concert; and WHEREAS, the concerts attract an average of 3,000 people per concert; and WHEREAScosts to produce this series have increased by $2,500 to cover performing costs; and WHEREAS, the amount of the contract to produce the concerts for 2001 is $27,500. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carfsbad, as follows: :: That the above recitations are true and correct. That the City Council approves the contract with Rob Hagey Productions, Inc. for $27,500 to produce the 2001 TGIF Jazz in the Parks concert series. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Carlsbad, California, held on the 5th day of June 1 w.: by the following vote, to wit: AYES:council Members L NOES: None. ABSENT: Council Membe AGREEMENT FOR SERVICES TO PRODUCE 2001 TGIF JAZZ IN THE PARKS CONCERT SERIES THIS AGREEMENT, made and entered into as the of the 12th day of June 2001, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as ?ity” and ROB , HAGEY PRODUCTIONS, INC., hereinafter referred to as “Producer”. RECITALS City requires the services of a producer to assist with the presentation of the 2001 TGIF Jazz in the Parks Concert Series; and Producer possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Producer agrees as follows: I. PRODUCER’S OBLIGATIONS Producer will produce ten (I 0) jazz concerts for the City: three at Stagecoach Park, on June 22, June 29 and July 6; two at Magee Park, on July I3 and 20; two at Poinsettia Park on July 27 and August 3; and three at Calavera Hills Park, on August IO, 17, and 24. The musicians will play from 6:00 to 8:00 p.m. If a concert has to be canceled due to bad weather, it will be rescheduled at a date mutually agreed upon by City and Producer. Producer will contract performers, and provide final list of groups, biographies and publicity information (including photographs) on the musicians to the City no later than May 5, 200 I. Producer will provide adequate sound system and operation which includes two delay stack sound systems at the Stagecoach, Poinsettia and Calavera Hills Parks concerts; coordinate site requirements with staff, supervise concert set-ups and breakdowns of musical and sound equipment; and provide a cooler, water, ice and cups for performers at each concert. 2. CITY’S OBLIGATIONS The City sponsors the event and will provide publicity, coordinate event plans with the Community Services Department, Engineering and Police Departments, and provide staff at each concert to coordinate with Producer on event management. 3. FEES PAID TO PRODUCER The total fee payable shall be $27,500. No other compensation for services will be allowed. First Payment $16,000 Second Payment $6,000 Final Payment $5,500 June I, 2001 July 6, 200 I August 3, 200 I 4. STATUS OF THE PRODUCER Producer shall perform the services provided for herein in Producer’s own way as an independent contractor and in pursuit of Producer’s independent calling, and not as an employee of the City. Producer shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The Producer is an independent contractor of the City. The payment made to the Producer pursuant to the contract shall be the full and complete compensation to which the Producer is entitled. The City shall not make any federal or state tax withholdings on behalf of the Producer. The City shall not be required to pay any workers’ compensation insurance on behalf of the Producer. The Producer agrees to indemnify the 2 City for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the City may be required to make on behalf of the Producer or any employee of the Producer for work done under this agreement The Producer shall be aware of the requirements of the Immigration Reform and Control Act of I986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended for an additional one (I) year period, based upon satisfactory performance and the City’s needs. 6. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of Producer or Producer’s agents, employees, or representatives. Producer agrees to defend, indemnify, and hold free and harmless the City and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney’s fees which are incurred by the City on account of any of the foregoing. 7. ASSIGNMENT OF CONTRACT The Producer shall not assign this contract or any part thereof any monies due thereunder without the prior written consent of the City. 8. SUBCONTRACTING If the Producer shall subcontract any of the work to be performed under this contract by the Producer, Producer shall be fully responsible to the City for the acts and omissions of persons directly employed by Producer. Nothing contained in this contract shall create any contractual relationship between any subcontractor of the Producer and the City. The Producer shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Producer’s work unless specifically noted to the contract in the subcontract in questions approved in writing by the City. 9. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Producer to any additional payment whatsoever under the terms of this contract. IO. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 6, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall insure to an shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. I I. PRODUCTION RIGHTS The Producer agrees that the right to produce “TGIF Jazz in the Parks” belongs to the City and Producer has no right to independently produce or sell rights of any kind to this event. 12. INSURANCE Producer is required to show proof of personal automobile liability insurance to the City before commencement of work for all vehicles used to transport producer, musicians or equipment in the 3 performance with the contract, in a minimum amount of one million dollars, to be kept in full force and effect during the term of this contract. . Executed by Producer this 21 day of w w ,200l. PRODUCER: CITY OF CARLSBAD, a municipal corporation of the State of California (name of Producer) Date June 13, 2001 Date ATTEST: A (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: RONALD R. BALL, City Attorney - . BY -x ~uu- Deputy City Akorney (Proper notarial acknowledgement of execution by PRODUCER must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA I \ COUNTY OF rp f A I / on3 f -%@- before me. F+JcFs T - $+-ikr D TE \ 9MF. TITLE OF OFFICER I: (i J \‘ik I)ol-. \OTI\RY I’1 FOX”’ personally appeared. flAqe# -2-e. personally known IO me ttwproved to me on the ba3ih of satisfactor!, evidence) to be the perhontst whose name(s) is/tire -subscribed to the within instrument and acknowledged to me that he/she/they executed the s;Lme in his/her/their authorized capacity( ies). and that by his/her/their signaturet s) on the instrument the persont \ 1. or the entity upon behalf of which the person(s) acted. executed the instruient. WITNESS my hand and official seal. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT ;;,ym” ‘fN::?;:S+ y*e SIGNER(S) OTHER THAN NAMED ABOVE The next item of business to come before the meetizg was to elect offcers of the Company for the forkcotig &XI year. Upon motion duly made and seconded, the following persons were elected to the offices set forth before their names below: c ‘2 Chtian of the Board: President: Secretary: Chief Finaacial Officer: ROBERT I&DEE HAGEY JR ROBERT HENDEE HAGEY: & ROBERT HENDEE HAGEY, m. ROBERT JZEWDEE HAGEY, JR. The matters of payment of bonuses and the declaration of a divideod were next discussed. No action was taken. Next discussed was the time for holding the zext meekag of the Board of Directors, and the following resolution was adopted: RESOLVED, that the next meeting of the Board of Directors of the Company shall be on July 2, 2001, at 930 a.m., at 1205 Prospect Speet, Suite 400, La Jolla, California. There being no further business to come before the meeting, t&e same was adjourned. Dated: February 20, 200 1 APPROVED: ROBERT Request for Taxpayer Give form to the (Rev. December ZOO) Identification Number and Certification requester. Do not send to the IRS. Backup Withholding (See the Under penalties of perjury, I certiQ that: 1. The number shown on this fom is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withhdding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. and 3. I am a U.S. person (including a U.S. resident alien). Cettiffcatfon instructfons. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification. but you must provide your correct TIN. (See the instructions on page 2.1 Sign H@l? Signature of U.S. person b Date b I I Purpose of Form A person who is required fo file an information return with the IRS must get your correct taxpayer identifkzation number mN) to report, for example, income paid to you. real estate transactions, mortgage interest you paid. acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Fam W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify you are not subject to backup withholding, or What is backup; wfthhddi&? Persons making ceftein payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is called “backup withholding.’ Payments that may be subject to backup withholding include interest. dividends, broker and barter exchange transactions, rents, royal&s, nonemployee pay, and certain payments horn fishing boat operators. Real estate transactions are not subject to backup withholding. 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If you give the requester your correct TIN. make the proper certifications, and report all your taxable interest and dividends on your tax return, payments you receive will not be subject to backup withholding. Pay- you receive will be subject to backup withholding it 1. You do not furnish your TIN to the requester, or If you are a foreign person, use the appropriate Form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Corporations. 2. You do not certify your TIN when required (see the Part III instructions on page 2 for details), or 3. The IRS tells tM requester that you furnished an incorrect TIN. or Note: If a quester gives you a form other than 4. The IRS tells you that you are subject to Form W-9 to request your TIN, you must use the backup withholding because you did not repon requester’s farm if it is substantially similar to this all your interest and dividends on your tax return Form W-9. (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1993 only). Certain payees and payments are exempt from backup withholding. See the Part II instructions and the separate Instructions for the Requester of Form W-9. Penalties Failure & hrmfsh TIN. If you fail to timish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with req3ect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. CrimiMl Penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of Federal law, the requester may be subject to civil and criminal penalties. Cat. No. 10231X Form w-9 (Rev. 12-2ODO)