HomeMy WebLinkAboutAdventures By the Book LLC; 2020-03-06;12/23/2020
Carlsbad Library & Cultural Arts
RE: Adventures by the Book, LLC Fully Executed Contract effective 3/6/2020 (CON-20-161)
In-person performance of Book & Bingo scheduled for 3/29/2020 in the Schulman Theater, Carlsbad Library
canceled due to COVID shut down.
Written confirmation canceling contract received from Susan McBeth, owner on 7/24/2020. No fees paid or
due.
Carlsbad Library & Cultural Arts
From: Susan McBeth [mailto:susan@adventuresbythebook.com]
Sent: Friday, July 24, 2020 8:57 AM
To: Jessica Padilla Bowen <jessica.padillabowen@carlsbadca.gov>
Subject: Cancellation of March 29, 2020 Books & Bingo
Dear Jessica
Per your request, please consider this our official cancellation of the March 29, 2020, Books & Bingo that we
had scheduled, but had to cancel due to COVID. Let me know if you need additional information in order to
cancel the contract for that event.
Thank you and have a great weekend.
Susan E. McBeth
Adventures By the Book
P.O. Box 421472
San Diego, CA 92142
(619) 300-2532
susan@adventuresbythebook.com
Website: adventuresbythebook.com
Follow me on Twitter at: adventurebybook
Like me on Facebook at: Adventures by the Book
CITY OF CARLSBAD, a municipal
corporation of the State of California
BY:
SUZANNE SMITHSON
Library & Cultural Arts Director
As authorized by the City Manager
DATE:
Approved as to Form:
CELIA A. BREWER, City Attorney
BY:
Deputy/Assistant City Attorney
ATTEST:
For BARBARA ENGLESON City Clerk
DocuSign Envelope ID: 00EFD293-2929-4237-BB28-EDA24C2ED892Debbie Jo McCool Suzanne Smithson
12/29/2020
CITY OF CARLSBAD
PERFORMANCE AGREEMENT FOR LIVE EVENT
ADVENTURES BY THE BOOK; LLC
THIS CONTRACT is made on~ (,9~ 2020 by and between the City of Carlsbad (City) and
Adventures by the Book, LLC (Representative), who warrants that he/she/it has the authority to represent
and contract on behalfofKelly Bargabos, Kim T. Blakemore, Patti Callahan, Dolley Carlson, Jill Hall,
Marco Rafala, Ona Russell and Lisa See (Author(s)/Performer(s)), for a live performance as specified
below, and upon the following terms and conditions:
1. Event
Name of event: Books & Bingo hereinafter referred to as "performance."
Description of performance: Author Event featuring 8 authors.
Venue site: Carlsbad City Library, Ruby G. Schulman Auditorium, 1775 Dove Lane, Carlsbad, CA
92011.
Representative's Phone No.: 619-300-2532 (Cell)
Date(s) of performance: Sunday, March 29, 2020
Start-time:~ End-time: 5 p.m. Expected arrival time: 12 p.m.
Access to venue/stage: 11 :45 a.m. No. of sets/workshops: Two (2) panels, One ( 1) opening speaker, One
( 1) keynote speaker
Length of each sets/workshop: 30-45 minutes Number/length of Breaks: Two (2) breaks for meet and
greets/signing with authors
2. Parking -Reserved
3. Lodging/Meals -Reserved
4. Performance Fee
Performer shall be entitled to a Flat Performance Fee in the amount of three thousand dollars ($3,000)
payable after the completion of the Performance on Sunday, March 29, 2020.
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: Adventures by the Book, LLC
Address: P.O. Box 4214 72, San Diego, CA 92142
City Attorney Approved Version 08.15.13
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 of _Q_% 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.
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.
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10. Radio and Television Coverage
Perfonner agrees to pennit reasonable Radio or Television news coverage of the Perfonnance. City will
try, but is not required, to let Perfonner know whether Radio or Television news coverage is planned or
will be occurring during the Perfonnance. City is not responsible for securing prior consent of Perfonner
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 Perfonner. City will assist Perfonner 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 Perfonnance, Perfonner shall be solely responsible
for notifying the Radio or Television station(s) of this desire. If unauthorized taping or broadcasting of
Perfonnance 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 Perfonnance. 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 Perfonner, upon the Perfonner's request.
12. Weather and Other Types of Cancellations Re: Performance
If Perfonnance is canceled by City due to inclement weather, acts of God, acts or any other reason, while
Perfonner is traveling to or is already at Venue Site, but has not yet perfonned, City will pay Perfonner
Perfonner's out-of-pocket travel expenses to the Venue Site. In the event that a stonn should develop
while Perfonner is at the Venue Site and has already set up or is in the process of setting up Perfonner's
equipment, City and Perfonner will discuss whether the Perfonnance should be cancelled. If the
Perfonnance is cancelled, Perfonner shall be entitled to full payment.
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 Perfonner less than 30 days prior to the scheduled
engagement, the Perfonner will reimburse the City the amount of NI A to help defray the production,
promotion and labor costs that are incurred up to the date of the cancellation.
14. Performance Content
The Perfonner 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 perfonn copyrighted works have been obtained. Perfonner agrees to indemnify, defend and
save hannless the City against any copyright claim, demand, liability or expense caused by or arising out
of its Perfonnance. Perfonner shall be solely responsible for the content of the Perfonnance.
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 Perfonner, or for the acts or omissions of the audience.
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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.
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
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City Attorney Approved Version 08.15 .13
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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City Attorney Approved Version 08.15.13
23. Signing Authority
The individual on his/her own behalf or the representative for each party signing 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.
PERFORMER/REPRESENTATIVE
By:
(sign here)
~Us·M f'Dt&i½,
(print name/title) O l/v l)if
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Library & Cultural Arts Director
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A.
Chairman,
President, or
Vice-President
GroupB.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
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:
CELIA A. BREWER, City Attorney
By= <t!Ur. ;t, HtlffMzrrv
Deputy/ Assistant City Attorney
6
ATTEST:
By: 21.;l.Q,~i;:.
BARBARA ENGLESON
City Clerk
City Attorney Approved Version 08.15.13
EXHIBIT "A"
SCOPE OF SERVICES
REPRESENTATIVE CONTACT INFORMATION:
Susan McBeth
11233 Alejo Lane
San Diego, CA
Email: susan@adventuresbythebook.com
Telephone: 619-300-2532
CITY CONTACT INFORMATION:
Jessica Padilla Bowen
Email: Jessica. padillabowen@carlsbadca.gov
Telephone: 760-602-2024
PROGRAM:
Ms. McBeth and the Books & Bingo participating authors/performers agree to the following
schedule:
Sunday. March 29. 2020
12:00 p.m. -Ms. McBeth and authors/performers arrive/sound check backstage
12:30 p.m. -House opens for patron seating
1-1 :45 p.m. -Author Talk by Lisa See
1 :45-2:30 p.m. -Author Panel with three authors
2:30-3: 15 p.m. -Author meet and greet, book sales and book signings
3:15-3:45 p.m. -Author Talk by Patti Callahan
3:45-4:30 p.m. -Author Panel with three authors
4:30-5 p.m. -Author meet and greet, book sales and book signings
EVENT DETAILS:
Adventures by the Book, LLC (Representative) shall contract, on behalf of and act as a duly
authorized representative for the City, for the services of 8 authors at the Performance. The
Performance shall include one 45-minute opening talk, one 30-minute keynote talk and two 45-
minute author panels, with two (2) breaks for author meet and greets and book signings.
Authors/Performers retains the right to sign only books which are pre-purchased in conjunction
with, or purchased at, the Event, should she/he so choose.
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Authors/Performers:
1. Opening Speaker
2. Keynote Speaker
3. Panelist
4. Panelist
5. Panelist
6. Panelist
7. Panelist
8. Panelist
BOOKS:
Lisa See
Patti Callahan
Kelly Bargabos
Kim T. Blakemore
Dolley Carlson
Jill Hall
Marco Rafala
Ona Russell
Adventures by the Book, LLC will arrange for the onsite sale of books.
INVOICING:
The REPRESENTATIVE shall submit to City's Community Relations Manager Jessica Padilla
Bowen or Designee an invoice to include event date and details of engagement. Final invoice
approval will be completed by City's Library & Cultural Arts Director or designee.
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REPRESENTIVE RESPONSIBILITIES:
Representative shall be responsible for negotiating and arranging Authors/Performers
appearances and travel accommodations including payment of agreed-upon expenses.
Representative will be in attendance at the Event to assist the City and to attend to
Authors' /Performers' needs and to communicate and coordinate with the City as necessary.
Representative will coordinate the book signings at the Event in accordance with Authors'
guidelines.
CITY RESPONSIBILITIES:
City shall be responsible for planning, coordinating, and executing the Performance, including
(a) equipment fees required by Authors/Performers and Representative, such as podium,
microphone, projector, side table, etc., (b) providing all staff and volunteers required to smoothly
execute the Performance including the space and necessities (i.e., table, chairs, electricity)
required by the bookseller and Authors/Performers to sell and sign books.
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City Attorney Approved Version08.15.13
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 2-13-20
(Name and Department) (Date)
Proposed modification(s) to the General Liability requirement( s) for Adventures by the Book, LLC
(Type of insurance)
D Reduce coverage to the amount of:
liJ Waive coverage
(Name of contract)
D Other: ----------------------------------
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
□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]. ___________________________ _
[ilOther (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): Performance on this agreement will be authors
primarily lecturing from a stage in the Schulman Auditorium, 1775 Dove Lane, Carlsbad CA 92011 on Sunday, March 29, 2020
Approved by Risk Manager for this contract only: 3 ~2--ZD
(Signature) (Date)
H:\ WORD\Jnsurance\Admin Order #68.doc
06/15/2006 27