HomeMy WebLinkAboutC-4554 - Performance Agreement for Concert in the ParkCITY OF NEWPORT BEACH
Department of Library Services
Arts and Cultural Services Division
PUBLIC PERFORMANCE AGREEMENT
This agreement is made on this day, May 25, 2010, by and between the City of Newport Beach, a
municipal corporation and charter city (hereinafter referred to as "City "), and the Shakespeare by
the Sea and its members, represented by Lisa Coffi, Artistic Director (hereinafter jointly and
severally referred to as "Performer "), a skilled, self - employed artist, to provide live, on -site
performance[s] at a City venue on the dates and at the locations hereby agreed upon.
The parties agree as follows:
1. DUTIES OF PARTIES
A. CITY AGREES TO PERFORM THE FOLLOWING DUTIES
1. City shall provide publicity for the performance by distributing flyers at library branches and other
City sites, listing the performance in the Library Calendar, listing the performance in the brochure
Newport Navigator, published four times each year, where publishing schedules permit, and
including the performance in relevant media announcements.
2. City shall provide and maintain a location for the performance without charging Performer any
fees for the use of the facility.
3. City shall provide stage facilities for the performance[s].
4. City shall provide sound equipment and amplification system for the performance[s].
5. City shall provide Sound Engineer to operate sound equipment for the performance[s].
6. City shall provide restroom facilities for the public, either temporary or permanent, as needs are
determined by the Program Coordinator. Such facilities shall be maintained by City's General
Services Department.
7. City shall provide access to direct or portable electrical power, through City Utilities Department.
8. City shall process and obtain a permit for the performance through the City Recreation and
Senior Services Department.
9. City shall provide insurance for the performance through its Special Event Insurance program.
B. PERFORMER AGREES TO THE FOLLOWING:
1. Performer shall provide the following type of performance:
Shakespeare by the Sea — 2 live theater performances
2. Performer shall provide such performance(s) at the following location(s) and date(s):
Bonita Canyon Sports Park (Mesa View and Ford Rd., Newport Beach)
Saturday, July 10 and Sunday, July 11
Set -Up and Sound Check by 4pm; Breakdown: 9:15pm
PUBLIC PERFORMANCE AGREEMENT
Page 2
3. In the event of illness, Performer is required to notify City twelve (12) hours prior to any
cancellation. If canceling a performance for any reason other than illness, Performer shall contact
Library Services, Arts and Cultural Services Division, and provide two (2) weeks notice.
4. Performer shall acquire, provide, repair, and maintain, at Performer's own expense, such
supplies, equipment and additional personnel as deemed necessary for Performer's own use in
performing the services in this Agreement. Additional personnel and necessary supplies, equipment,
additional publicity and materials for the performance(s) specified above shall be provided by
Performer unless otherwise specifically agreed to in writing by City.
5. Performer shall immediately notify City of any name, address, or telephone number changes.
6. Performer agrees, assures and certifies that, except as permitted by law, no person shall, on the
grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental
disability, medical condition including the medical condition of Acquired Immune Deficiency
Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, be
excluded from participation in or be denied the benefits of the services provided pursuant to this
Agreement, and that Performer shall not discriminate on said grounds in the selection and retention
of employees and the procurement of materials and equipment, except as provided in Section
12940 of the Government Code of the State of California. Performer shall also conform to the
requirements of the Americans with Disabilities Act in the performance of this Agreement.
7. Performer is also responsible for:
Cooperating with requests from City staff.
Receiving prior approval from City of all printed materials related to performances under this
Agreement, including press releases, prior to any distribution.
Immediately reporting to Program Coordinator any damage to the program facility that could
cause potential injury to users of City venue, or other needed maintenance repairs or
requirements.
Maintaining the highest degree of participant safety possible and completely following City
procedures by immediately reporting any injuries as a result of performance participation.
2. COMPENSATION
City agrees to pay Performer the contract price of $5,000 for two live- theater performances ($2,500 each),
due immediately upon completion of the performances. Payment shall be made only if Performer actually
provides the performance contracted for under this Agreement. If the performance is cancelled by either
party, City is under no obligation to pay Performer.
3. ADMINISTRATION
This Agreement will be administered by the Arts and Cultural Division of the Library Services Department.
Jana Barbier shall be the Program Coordinator and shall have the authority to act for City under this
Agreement. The Program Coordinator or his /her authorized representative shall represent City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
4. STATUS OF PERFORMER
The parties intend and agree that at all times during the course of this Agreement, Performer, and any
assistants, employees, technicians, co- performers or subcontractors Performer may retain in the course of
providing the performance(s), shall be acting as an Independent Contractor and shall not be considered an
agent or employee of the City. As such, Performer shall have the sole legal responsibility to remit all federal
and state income and social security taxes and to provide for his /her own workers compensation and
unemployment insurance and that of his /her assistants, employees or co- performers, or subcontractors.
PUBLIC PERFORMANCE AGREEMENT
Page 3
City shall not be liable for any payment or compensation in any form to Performer, or his /her assistants,
employees, co- performers or subcontractors other than as provided herein.
5. OTHER PERFORMERS
The City reserves the right to employ other Performers.
6. INDEMNIFICATION - GENERAL
Performer, as a condition of this Agreement, shall indemnify City as follows:
Performer shall defend, indemnify and hold City, its elected and appointed agents, officers, representatives,
employees, City Council, boards and commissions harmless with respect to any loss, liability, injury or
damage that arises out of, or is in any way related to, the acts or omissions of Performer, his/her
employees, officers and agents in the course of performance of services under this Agreement, except that
Performer shall not be required to indemnify City from any claim arising from the sole negligence or willful
misconduct of City, its officer, agents or employees.
7. INDEMNIFICATION — INTELLECTUAL PROPERTY
Performer, as a condition of this Agreement, shall further indemnify City as follows:
Performer shall defend, indemnify and hold City, its elected or appointed agents, officers, representatives,
employees, City Council, boards and commissions harmless with respect to any proceedings brought
against City for any intentional or unintentional violation by Performer of the legally protected rights of any
third parties with respect to works performed under this Agreement. Such legally protected rights of third
parties include but are not limited to U.S. patents, trademarks, and copyrights issued as of the effective date
of this Agreement. If Performer will be providing a public performance of musical compositions or
arrangements which are subject to a license held by a third party, it is the responsibility of Performer to
obtain the appropriate license to perform the material prior to the performance(s) contracted for in this
Agreement.
8. TERM OF AGREEMENT
The term of this Agreement shall commence on June 1, 2010 and shall remain in effect until all
performances agreed upon herein have been performed, or the Agreement has been otherwise terminated
as follows: In addition to the individual performance cancellation provisions of Paragraph 1(B)(3) of this
Agreement, Performer may terminate this entire Agreement by providing written notice at least 30 days prior
to the first performance. It is understood that City may, at its sole discretion, terminate this Agreement
without cause by giving ten (10) calendar days written notice, subject to payment to Performer for services
rendered prior to the date of termination. City reserves the right to cancel or postpone a performance due to
emergencies. The undersigned has read, understands and agrees to be bound by all of the terms as set
forth herein.
9. INSURANCE
By executing this Agreement, Performer certifies that Performer is aware of and will comply with Section
3700 of the Labor Code of the State of California requiring every employer to be insured against liability for
workers' compensation or to undertake self - insurance before commencing any work. Performer shall carry
the insurance or provide for self- insurance required by California law to protect said Performer from claims
under the Workers' Compensation Act.
10. COMPLIANCE WITH ALL LAWS
Performer, and his/her employees, agents and subcontractors shall at all times observe and comply with all
laws, ordinances and regulations.
PUBLIC PERFORMANCE AGREEMENT
Page 4
11, USE OF NAMES AND LOGOS: ADVERTISING. PRESS RELEASES AND PUBLICITY
Performer shall not include City's name, logos or insignia, or photographs of the performance or
participants, in any publicity pertaining to Performers' services in any magazine, trade paper, newspaper,
radio or television production, Internet, or other printed or electronic medium without the prior written
consent of City and participants.
12. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it. Any action
brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
13. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both Performer and
City and approved as to form by the City Attorney.
14. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the language used and
shall not be construed for or against either party by reason of the authorship of this Agreement or any other
rule of construction which might otherwise apply.
15. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever
between the parties, and all preliminary negotiations and agreements are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
16. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of
competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
17. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition
contained herein, whether of the same or a different character.
The parties recognize that a substantial inducement to City for entering into this Agreement is the
professional reputation, experience and competence of Performer. Assignments of any or all rights, duties
or obligations of the Performer under this Agreement will be permitted only with the express written consent
of City. Performer shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of City.
[SIGNATURES ON FOLLOWING PAGE]
PUBLIC PERFORMANCE AGREEMENT
Page 5
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
APPROVED AS TO FORM:
Leonie Mulvihill, Acting City Attorney
City of Newport Beach ASO[
`ilh4le
ATTEST:
By:—d D��
Leilani Brown, City Clerk
City of Newport Beach V
PERFO MER
l
By:
gnature — Lisa ffi, Artistic Director
Shakespeare by the Sea
777 Centre Street
Address
Social Security or Tax ID Number
(310) 507-0269
FAX
Home Address (if different from above)
Home Phone (if different from above)
CITY OF NEWPORT BEACH,
AMu pal C pora n
13
Cynt Cowell, Library Services Director
City of Newport Beach
San Pedro, CA 90731
City State Zip
(310) 217-7596
Telephone
Iisa(cDsha kes oea rebvthesea. ora
Email Address
CERTIFICATE OF LIABILITY INSURANCE I ftfu,u' vaill
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
IMPORTANT: U the ceREfieste bottler is an ADDITIONAL INSURED, me pollcyiles) mUst be endOmOd. N SUBROGATION IS WAIVED, Sabina 10
the terms and conditions of the Policy, contain Policies may require an emtorsement A statement on this certificate does not confer rights to the
kpoui; Contmerctai Insurance Services
100 N Brand Blvd. Ste 209
31Ntdale. CA 91203
MwN+v+IN AtTORONGIAVERAeE i NACa
SHAKESPEARE BY THE SEA
177 CENTRE ST
SAN PEDRO , CA 907315732
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iv
TYPE OF INSURANCE
POIICY IH1f®ER
DYTS
GENERAL UABRJTY
EACH OCCURRENCE
41,000,000
aAalERCwL eB+ERAL LIASAm
12010002596 P512812010 p52812011 L20 aL so ..M
i 1100.000
f 61090
A
CAmS-0WDE VI OCCUR
t 1 MEDUPIAtpmrPman)
S1,000,000
pvtsUAL A AOY INARiY
42,000,000
GENERUAGOREGATE
PRODGOTS-couFw AGG
v2.000.000
WE ASSREWTE
LMn WFUES PEii'
s
POLICY
F7 PER& Loc
AUTOMOBU
LMBMY
Cow"M SINGLE uMrr
IS, awCrntl
i
ANY AUTO
1 1 BGOILY LNA1RYlhrp f
S
ALL VANEO AUTOS
I 1 BGG%.Y HIURY(Wr x )
4
SCHEDIXEDAUTOS
NOW AUTOS
1 1 PR F8M DAMAGE
1 I I (Pa •a+*T4
4
i
NONOYPEDAUma
1 1 1
s
UmsAMLALM
OCCUR
EACH OltiORRBICE
4
S
EXCESSLIND
CyTMSµDE
I I AGGREGATE
DEDUMLE
1
is
3
..
i
YORKERS COMPE IM
N
AND BWLGVMMW LMBBRY
, � YIN
I I I EL EACHACCIDBNT
IS
OFI•'I#RA1p,6ER EXG.WEOT u
NRNyyx,�,a�
DE55GR ABM
NIA
I 1 IELOGEASE -NDA
EL DISEASE- POLtt'.Y
S
f
8
IITeetors 6 Officers Liability
IND0102106914 , 1 AEach Occurrence $1.000.000
5/0917 0 )51g9rnil
OESCRW lQNGFOPBtAT*N$i LGCATgNfrVBEftEi IAOxN ACom tot. Addtbni RmwMS eaMMle Hmw APaee ic,wnirM
CERTIFICATE HOLDER IN ALSO NAMED AS ADDITIONAL INSURED
Bonita Canyon Sports Park SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELED BEFORE
1990 Ford Rd. THE EXPIRATION DATE THEREOF, NOME WILL BE DELIVERED IN
atCOORD
Newport Newport Beach, CA 92060 ANCE WITH THE POLICY PROVIS (M
NnH011 ®R®IESBNTATNE
01988.2009 ACORD CORPORATION. AN rights reserve)
ACORD 25 (2009109) The ACORD name and logo ere registered marks of ACORD
ProetnA ai,g Fpgr f1AAS iV! smEnn. wsFmrt�osaam: OYpa¢in FtaA W O NJBiiH4Tl