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HomeMy WebLinkAbout2002-06-04; City Council; 16767; Contract to Produce TGIF Jazz Concert SeriesCITY OF CARLSBAD - AGENDA BILL A AB# 16,767 DEPT. ARTS MTG. 6/4/02 DEPT. HD. TITLE: ClN MGR= APPROVAL OF CONTRACT TO PRODUCE TGIF JAZZ CONCERT SERIES CITY AT & . I I RECOMMENDED ACTION: Adopt Resolution No. 2002-153 approving the contract with Rob Hagey Productions, Inc. (RHP) to produce the 2002 TGIF Jazz in the Parks concert series. ITEM EXPLANATION: The Cultural Arts Office will present 11 outdoor jazz concerts in four city parks on consecutive Friday evenings from June 21 through August 30. Since the program’s inception 17 years ago, the City has presented outdoor concerts over the summer months. Rob Hagey Productions, Inc. has been producing the jazz concert series for Carlsbad since 1994. The producer’s responsibility is to select local quality bands, contract the performers, and provide the sound system for each concert The concerts attract an average of 3,000 people per concert. FISCAL IMPACT The amount of the contract with FWP to produce1 1 concerts is $31,050. Funds are available in the Arts Office General Fund account. EXHIBITS: 1. Resolution No. 2002._153 2. Contract with Rob Hagey Productions, Inc. 1 m 1 4 4 - c - ,I .. I 5 1C 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 20 21 28 RESOLUTION NO. 2002-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONTRACT TO PRODUCE THE 2002 TGIF JAZZ IN THE PARKS CONCERT SERIES WHEREAS, the City of Carlsbad will present 11 outdoor jazz concerts in four city parks on consecutive Friday evenings from June 21 through August 30; and WHEREAS, since the program’s inception 17 years ago, the City presented outdoor concerts over the summer months; and WHEREAS, the prod.ucer’s responsibility is to select local quality bands 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 WHEREAS, the amount of the contract with RHP to produce1 1 concerts is $31,050. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 2. That the City Council approves the contract with Rob Hagey Productions, Inc. for 1. That the above recitations are. true and correct. $31,050 to produce the 2002 TGIF Jazz concert series. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of JUNE ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None AGREEMENT FOR SERVICES TO PRODUCE 2002 TGIF JAZZ IN THE PARKS CONCERT SERIES THIS AGREEMENT, made and entered into as the of the Pday of kc+, , 2002, by and between the CITY OF CARLSBAD. a municipal corporation, hereinafter referred to as City” 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 2002 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: 1. PRODUCER’S OBLIGATIONS 2 I, June 28 and July 5; two at Magee Park, on July I2 and I9 two at Poinsettia Park on July 26 and August 2 Producer will produce eleven (I I) jazz concerts for the City: three at Stagecoach Park, on June and four at Calavera Hills Park, on August 9, 16, 23 and 30. The musicians will play from 600 to E00 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 pehormers, and provide final list of groups, biographies and. publicity information (including photographs) on the musicians to the City no later than May 8, 2002. 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 staR supervise concert set-ups and breakdowns of musical and sound equipment; and provide a cooler, and non-alcoholic beverages for performers at each concert. Producer will ensure performers do not invite concert attendees to dance on stage during their performance. 2. CITY’S OBLIGATIONS Community Services Department, Engineering and Police Departments, and provide staff at each concert to coordinate with Producer on event management. The City sponsors the’kvent and will provide publicity, coordinate evek plans with the 3. FEES PAID TO PRODUCER The total fee payable shall be $3 1,050. No other compensation for services will be allowed. First Payment Second Payment Final Payment $6,000 July 5, 2002 $5,050 August 2,2002 $20,000 June 7,2002 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. the City as provided for in the request for proposal. Producer shall be under control of the City only as to the result to be accomplished, but shall consult with 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 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 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 without the prior written consent of the City. 8. SUBCONTRACTING 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 before, during or after the execution of this contract, shall affect or modify any of the terms or obligations No verbal agreement or conversation with any officer, agent, or employee of the City, either herein contained nor entitle the Producer to any additional payment whatsoever under the terms of this contract. IO. SUCCESSORS OR ASSIGNS provisions hereof shall insure to an shall bind each of the parties hereto. and each of their respective heirs, executors, administrators, successors, and assigns. 11. PRODUCTION RIGHTS Producer has no right to independently produce or sell rights of any kind to this event. The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, The Producer shall not assign this contract or any part thereof any monies due there under .. If the Producer shall subcontract any of the work to be performed under this contract by the Subject to the provisions of Paragraph 6, “Hold Harmless Agreement,” all terms, conditions, and The Producer agrees that the right to produce “TGIF Jazz in the Parks” belongs to the City and 12. INSURANCE commencement of work for all vehicles used to transport producer, musicians or equipment in the 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. 13. BUSINESS LICENSE Agreement, as may be amended from time-to-time. Producer is required to show proof of personal automobile liability insurance to the City before Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Executed by Producer this I 3 * day of, 2002. PRODUCER: CITY OF CARLSBAD, a municipal corporation of the State of California Re4 ?4AQry (Name of Produ er) By: (Sign /+- ere) ;AT7 5-/3/0a G3k mtU4-y sed Date sei &&u &\\- fWfWj4 fichOwk+’ Date sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: &ptlr)c City Attorney qqmz - (Proper notarial acknowledgement of execution by PRODUCER must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CoLw of ~GJ-S~\~W- 011 kc+. before me. >'~\hKcc L CI-~I~ 1 Ad~+&46 I, Planle all" TlllC 0, Oillcer ,e.g. 'JIllF Pilull: I personally appeared Ll x- J I Cmel?, DI Sq"ei1rl personally known to me - OR -;.! Iproved lo me on the basis 01 salisfaclory evidence to be llie person[s) whose name@) isiaFe subscribed lo Ihe within inslrunlenl and acknowledged lo me lhat heiskern executed ltie same in hislheFClkeir authorized capacity(k), and (hat by or the enlity upon behalf of which lhe personla) acled. liis/lw#kir siynatureH on the inslrument the persono, executed lhe inslrument. WITNESS my hand and ollicial seal. h .. Signer(s) Other Tlian Narnecl Above: bb% - Capacity(ies) Clailned by Signer(s) ... bt 0 Parlner - c3 Limited 0 General 0 Attorney-in-Facl 0 Trustee El Guardian or Conservator Ci Other: Signer Is Represenling: I Signer's Name: 0 Individual 0 Corporate Officer Title(s):-~- Q Partner - 0 iimited 0 General 0 Attorney-in-Facl - 0 Trustee 0 Other: 0 Guardian or Conservator I' ' I Signer Is Representing: I " I !I MINUTESOFANNUAL-G OF SHAREaOLdlERs OF ROB HAGET PRODUCTIONS, INC. ACalitorniaCorporation The Annual Meding of Shadoldem of ROB HAGEY PRODUCI'IONS, JNC. ("Company"), a California corporation, was held at 930 am., on March 3,1998, at 1205 Prospea Sheet, Suite 400, La Jolla, California. shareholderspresent: ROBERT HENDBE HAGEY, JR. NOW RICHARDK. CJRCUlT RONALD K. MCHUGH -1- provided, however, that a Bylaw or amendment of the Mcla ducing the number or tbe minimum number of directors to a numbexlessthanfive*mnatbeadoptedifthevotescastagainstits adcrptionatameetingortheshawnotantsentinginthecaseof actionbywritten~tt~equaltomorethanlbU3percentof theoutstandingshar*lentitledtovote. Thenextitemofbusinesstocomebeforethemeetingwastheelectionof~forthe forthcoming year. Upon motion duly made, the following nsolution was adopted: RESOLVED, that ROBERT HENDEE HAOEY, JR., is hereby ~asthesoleDirectorofthecOmpany,toservcuntilthenextAnnual Meeting of Shareholden. Theaebeingno~businesstounnebeforethe~,thesamewasadjoumed. Dated: March3,1W8 APPROVELX secretary -2- CER"IFICAT€ OF SECiUTARY