HomeMy WebLinkAboutAvenida Music LLC; 2023-04-20; PSALCA-23097CAPSALCA-23097CA
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AGREEMENT FOR GUEST RESIDENCY - PERFORMING ARTS SERVICES AVENIDA MUSIC, LLC THIS AGREEMENT is made and entered into as of the ____ day of ____________, 2023,
by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Avenida Music, LLC, a Limited Liability Corporation, ("Contractor", “Artist”) (collectively, the “Parties.”) RECITALS A. City requires the professional services of a performing artist in residence that is experienced in providing artistic residency activities and services to compliment the Cultural Arts’ performing arts and outreach programming. B. Contractor has the necessary experience in providing professional services and advice related to these services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions.
2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written.
4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be not to exceed eight thousand dollars ($8,000). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s
agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance
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carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase
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replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor
Name Richard Schultz Name Josiah Gonzalez
Title Cultural Arts Manager Title Owner/Member
Department Cultural Arts Address 82848 Jamestown Ave
City of Carlsbad Indio, CA 92201
Address 1775 Dove Lane Phone No. 760-777-2305
Carlsbad, CA 92011 Email Info@littlestreetmusic.com
Phone No. 442-339-2086
Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories.
Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment. 19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law. 20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City
may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering 30 days written notice to City. In the event
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of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor
will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) SUZANNE SMITHSON Library & Cultural Arts Director As Authorized by the City Manager
DAVID JOSIAH GONZALEZ, Manager
(print name/title)
ATTEST:
For SHERRY FREISINGER
City Clerk
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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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:
For CINDIE K. McMAHON, City Attorney
BY: _____________________________ Assistant City Attorney
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EXHIBIT “A” SCOPE OF SERVICES Contractor was selected to participate in a guest artist residency from April 20 to April 22, 2023,
showcasing and participating in outreach activities and performances. Artist will provide workshops focusing on music literacy using digital media for students at pre-selected locations within the City. Artists will showcase their talents in an outdoor setting at the City of Carlsbad’s Ann Kulchin Courtyard at 1775 Dove Lane where the community will be invited to meet the artist(s) in person and enjoy the music. Contractor is a band and production company that has been thrilling audiences across the state with its contemporary and classic rock music brand and spreading its love of music with the next generation of musicians through its music literacy programs. Guest Artist Residencies Program. Provides educational, engaging, and entertaining opportunities for the Carlsbad community to interact with diverse visual and performing artists over an extended period through performances, special events, workshops, masterclasses, and community events.
1. CONTACT INFORMATION
Contractor -
Owner / Member, Josiah Gonzalez, 760-777-2305, info@littlestreetmusic.com City –
• Cultural Arts Manager, Richard Schultz, 442-339-2086, richard.schultz@carlsbadca.gov
• Program & Venue Coordinator, Thomas Johnston, 442-339-2093, thomas.johnston@carlsbadca.gov
• Cultural Arts General Phone, 442-339-2090 2. RESIDENCY DETAILS
Residency. Programming and preparation for all scheduled events, including:
• Individual disc jockey decks for a class size up to thirty (30) participants.
• Forty-five (45) minute curriculum appropriate for middle and high school age students
• Up to four (4) workshops with community members in Carlsbad
• Meet and greet with community members at the end of performance The compilation of all activities supporting residency shall not exceed forty (40) hours, inclusive of travel, rehearsals, sounds checks, workshops, masterclasses, and performances.
All scheduled events will fall between the hours of 9 a.m. to 9 p.m., with one day containing no more than eight (8) hours of scheduled events (inclusive of travel, rehearsals, sound checks, workshops, masterclasses, and performances.) Residency Schedule. Schedule shall be confirmed two weeks prior to first event or sooner, and mutually agreed upon by Parties in writing. Event Dates. Thursday, April 20 to Saturday, April 22, 2023
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Contractor to arrive prior to the start time listed in the residency schedule.
Thursday, April 20, 2023 12 p.m. Arrive at Carlsbad Senior Center, 799 Pine Ave, Carlsbad, CA 1 p.m. to 2 p.m. Workshop
2 p.m. to 2:30 p.m. Break 2:30 p.m. to 4 p.m. Teen Workshop @ Pine Avenue Community Center, 799 Pine Ave, Carlsbad, CA
End of Day Friday, April 21, 2023 8 a.m. Arrive at Valley Middle School, 1645 Magnolia Ave, Carlsbad, CA 9:30 a.m. to 10:22 a.m. Middle School Workshop 10:30 a.m. to 10:45 a.m. Travel to Carlsbad High School, 3557 Lancer Way, Carlsbad, CA 11 a.m. to 1 p.m. Disc Jockey Workshop, Carlsbad High School Digital Arts Class 1 p.m. to 1:40 p.m. Break 1:45 p.m. to 1:48 p.m. Travel to Valley Middle School, 1645 Magnolia Ave, Carlsbad, CA 1:48 p.m. to 2:40 p.m. Middle School Workshop End of Day
Saturday, April 22, 2023 12 p.m. to 1 p.m. Public Workshop @ Carlsbad City Library in Ruby G. Schulman
Auditorium, 1775 Dove Lane, Carlsbad, CA 1 p.m. to 2:30 p.m. Community Workshop @ George & Patricia Gowland Meeting Room 4 p.m. Load equipment in Ann Kulchin Courtyard
5 p.m. to 5:45 p.m. Sound check 6 p.m. to 7:15 p.m. Talent Showcase for community @ Ann Kulchin Courtyard 7:15 p.m. to 9 p.m. Disc Jockey performance @ Ann Kulchin Courtyard
End of Day
Schedule adjustment may be necessary, staff will make every effort to provide changes in writing to Contractor in a timely fashion. Other Materials. Resource guides, marketing materials and any other print materials required for audiences.
Lodging. Contractor will provide all coordination and take responsibility for lodging throughout duration of residency. Performance Content. Contractor 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 all necessary approvals to perform copyrighted works have been obtained.
Contractor agrees to indemnify, defend and save harmless the City against any copyright claim, demand, liability or expense caused by or arising out of its Performance. Contractor shall be solely responsibility for the content of the Performance(s.) Subject Matter. Contractor 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
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sole discretion, may immediately terminate the Performance. In the event City terminates the Performance of Contractor because of violation of this paragraph, City shall not be liable to
Contractor for the balance owed under this Agreement and all monies paid to Contractor shall be full and complete payment of Contractor’s services. In the event of this occurrence, City shall not be deemed to be in breach of this agreement.
3. CITY SHALL PROVIDE
Transportation. Transport of Contractor to and from all scheduled residency events. Staffing. Staff liaison will accompany Contractor to all scheduled events, inclusive of travel, rehearsals, soundchecks, workshops, master classes and performances. Residency Events. Coordination, logistics, communication with partners, confirming of equipment and space accommodations and final booking of all scheduled residency events. City will work with Contractor on finalizing the school and business locations in writing prior to the residency start. Space Accommodations. Non-City Operated Locations:
Coordination and confirmation with offsite locations, including event date(s), time(s), audience information, location specifics and amenities, arrival and departure times, parking and (when applicable) lighting and sound capabilities and requirements. Conditions in non-city operated
locations may vary depending on availability and quality of venue equipment and space. City Operated Locations: 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 for the duration of the residency. 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 Contractor. Advertising and Publicity. The City shall pay all costs for local publicity and performance
promotion. Contractor shall furnish the City with online access to the marketing no less than thirty (30) days prior to the residency, including graphics, media releases, photo and content. Parking. All parking costs related to conducting the residency week will be paid by City. Regulatory Compliance. The City shall be solely responsible for taking all reasonably appropriate
action to ensure that all Contract activities and each audition, rehearsal, workshop and performance complies with the applicable governmental regulation.
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4. RESIDENCY TERMS
City Audio/Video Recording. City reserves the right to audio and/or video record and to reproduce and distribute any workshop or speaking engagement this Agreement as virtual programming. City may retain the recording in its files, may replay the recordings for its employees
and the public, including the right to post, replay, or broadcast the recordings on the City’s YouTube channel, the City’s cable channel, the City’s Library Facebook Live account, and other similar City internet-based platforms, and may make the recording available for non-circulation use at its library facilities. City shall not sell the recording. City shall provide a copy of the recording to the Artist, upon the Artist’s request. Weather and Other Types of Cancellations Re: Residency Activities/Performances: If Performance is canceled by City due to inclement weather, acts of God, acts or any other reason, while Contractor is traveling to or is already at Venue Site, but has not yet performed, City will pay Contractor Contractor’s out-of-pocket travel expenses to the Venue Site. In the event that a storm should develop while Contractor is at the Venue Site and has already set up or is in the process of setting up Contractor’s equipment, City and Contractor will discuss whether the Performance should be cancelled. If the Performance is cancelled, Contractor shall be entitled to full payment. Concession Sales: Contractor shall have the right to offer limited items for sale at residency activities on city-owned property (e.g. books, CDs, DVDs, and audio/video tapes) at a rate of 0% commission (City’s fee based on gross revenue from sales). Sales at non- city activity locations
will be subject to adherence to venue policies. Contractor 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 Contractor, both before and during the performance. 5. HEALTH & SAFETY
During a health-related pandemic, all activities occurring at City facilities, all parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Artist what the current guidelines are prior to their arrival and entering any City facility. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring face covering, maintaining physical distancing of six (6) feet. The safety protocols may
be modified at any time due to changing rules, regulations or circumstances. //
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6. CONTRACTOR FEES
The all-inclusive fee to cover Contractor’s expenses (lodging, meals, mileage, licenses and etc.) and deliverables shall not exceed eight thousand dollars ($8,000.) Deliverable all-inclusive rates: Workshop $280/hour, Performance $625/hour
Date Activity
Initial payment • A payment of $1,500 will be paid upon the execution of the
Agreement.
Final Payment • A payment of $6,500 will be paid upon completion of residency. The fee(s) due to Contractor may be reduced on a pro-rata basis
by the value of service(s) not performed at the City’s sole discretion.
All invoices shall be submitted to City’s Cultural Arts Manager Richard Schultz or Program & Venue Coordinator Thomas Johnston and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City’s Library & Cultural Arts Director or designee. If, at the expiration or termination of the agreement, if Contractor has not completed any portion
of the tasks, the Contractor shall refund the remaining portion of the initial payment.
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EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2023-83 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM
PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjunction with Apex Insurance Services P. O. Box 6450
Newport Beach, CA 92658 License No: OC 36861
City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008
NAMED INSURED (EVENT HOLDER): Avenida Music LLC 82848 Jamestown Ave. Indio, CA 92201
EVENT INFORMATION: TYPE: Music Events (L&CA) DATE(S): April 15, 2023 – April 30, 2023
LOCATION: Various Locations *Liquor Liability Yes No **Liquor Liability after 12 am ends before 2 am
This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company
MASTER POLICY NUMBER MKLV7PBC000935
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2023 EXPIRATION: JANUARY 1, 2024
COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products & Completed Operations Personal & Advertising Injury Each Occurrence Limit Damage To Premises Rented To You (Any One Premises) Medical Payments (Any One Person) Liquor Liability (If purchased) Optional Limits Purchased $1,000,000/$3,000,000 $2,000,000/$2,000,000 Damage To Property (If purchased)
$ 2,000,000 1,000,000 1,000,000 1,000,000 100,000 5,000 1,000,000
OCCURRENCE FORM
DEDUCTIBLE: NONE SPECIAL CONDITIONS: The following endorsements attached to the Master Policy do not apply to this Certificate Of Insurance: MEGL643
The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event.
OTHER ADDITIONAL INSUREDS
CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.
AUTHORIZED REPRESENTATIVE: DATE ISSUED: April 12, 2023
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CERTIFICATE OF EXEMPTION
WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE
I, , am the
[insert name] [title]
of . I hereby certify that
[name of company] [name of company]
has no employees and is not required by law to maintain workers’ compensation or employers’
liability insurance. Should employ any person
[name of company]
during the term of the Agreement with the City of Carlsbad for
,
[description of project or work that is being contracted]
then workers’ compensation and employers’ liability insurance will be obtained.
[Name]
[Title and name of company or corporation]
David Josiah Gonzalez Owner/Member
Avenida Music LLC Avenida Music LLC
Avenida Music LLC
the Guest Residency from
April 20 to April 22, 2023 showcasing and participating in outreach activities and performances.
David Josiah Gonzalez
Owner/Member
DocuSign Envelope ID: 49BC9318-A945-4618-9C6A-AD5C735ED69D
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Renewal auto policy declarations
Your policy effective date is January 13, 2023
Information as of November 22, 2022
Summary
Named Insured(s)
David J Gonzalez, Callihan Caffery
Mailing address
51461 Calle Kalima
LA Quinta CA 92253-2919
Policy number
937 483 629
Your policy provided by
Allstate Northbrook Indemnity
Company
Policy period
Beginning January 13, 2023 through July
13, 2023 at 12:01 a.m. standard time
Your Allstate agency is
Kallay Insurance
40100 Wshngtn #135
Bermuda Dunes CA 92203-9645
(760) 772-5000
mkallayii@allstate.com
Some or all of the information on your
Policy Declarations is used in the rating
of your policy or it could affect your
eligibility for certain coverages. Please
notify us immediately if you believe that
any information on your Policy
Declarations is incorrect. We will make
corrections once you have notified us,
and any resulting rate adjustments, will
be made only for the current policy
period or for future policy periods.
Please also notify us immediately if you
believe any coverages are not listed or
are inaccurately listed.
Total Amount Due for the Policy Period
Please review your insured vehicle and verify its VIN is correct.
Vehicle covered Identification Number (VIN) Premium
2022 Hyundai Santa Fe 5NMS6DAJ5NH395452
California Fraud Assessment Fee
Total*
* Your bill will be mailed separately. Before making a payment, please refer to your
latest bill, which includes payment options and installment fee information. If you do
not pay in full, you will be charged an installment fee(s).
See the Important payment and coverage information section for details about
installment fees.
Discounts (included in your total premium)
Anti-theft Good Driver (20%)
Distinguished
Driver
Total discounts
Discounts per vehicle
2022 Hyundai Santa Fe
Anti-theft Good Driver (20%) $366.18
Distinguished
Driver
Listed drivers on your policy
David Gonzalez
Callihan Caffery
Excluded drivers from your policy
None
DocuSign Envelope ID: 49BC9318-A945-4618-9C6A-AD5C735ED69D
~ Allstate ®
[ _________ .,.............I I J
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Renewal auto policy declarations
Policy number: 937 483 629 Policy effective date: January 13, 2023
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Coverage detail for 2022 Hyundai Santa Fe
Coverage Limits Deductible Premium
Automobile Liability Insurance Not applicable
• Bodily Injury $100,000 each person
$300,000 each occurrence
• Property Damage $100,000 each occurrence
Auto Collision Insurance Actual cash value $500
Waiver of deductible applies
Auto Comprehensive Insurance Actual cash value $500
Rental Reimbursement Not purchased*
Towing and Labor Costs Not purchased*
Uninsured Motorists Insurance for Bodily
Injury
$100,000 each person
$300,000 each accident
Not applicable
Automobile Medical Payments $5,000 each person Not applicable
Coordinated Medical Protection Not purchased*
Sound System Not purchased*
Tape Not purchased*
Total premium for 2022 Hyundai Santa Fe
* This coverage can provide you with valuable protection. To help you stay
current with your insurance needs, contact your Allstate agent to discuss
coverage options and other products and services that can help protect
you.
VIN 5NMS6DAJ5NH395452
Rating information
Your premium is determined based on certain information, including the
following:
• This vehicle is driven 3-9 miles to work/school, married person
licensed 11 years.
Lienholder
Palm Springs Hyundai
Allstate uses mileage information as one factor to help determine your premium amount.
Important Note: The annual mileage figure applicable to this vehicle for the expiring policy period was: 14,000 - 14,499. The
annual mileage figure applicable to this vehicle for the current policy period is: 15,000 - 15,499.
The required odometer information to calculate your annual mileage for the current policy period was not provided, was
illegible, could not be obtained or the most recent odometer reading we received was less than a previous reading.
If any of the information shown above is incorrect, missing or changes in the future, please contact your Allstate
representative. Please keep in mind that a change in any of the information may result in an adjustment to your premium.
DocuSign Envelope ID: 49BC9318-A945-4618-9C6A-AD5C735ED69D
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