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Home My Public Portal AboutCARSON SYMPHONY ORCHESTRA ( DR. FRANCES STEINER)4CT.So1 �1CITY OF CARSON PUBLIC SERVICES WORK GROUP HUMAN SERVICES DIVISION � UNL Back to Top FINE ARTS AND CULTURAL ACTIVITIES PROGRAM CONTRACT SERVICE AGREEMENT — FY 2007/08 CONTRACTOR Carson Symphony Orchestra FED ID or SS # ADDRESS 21 La Vista Verde P.O. NUMBER CONTACT PERSON Dr. Frances Steiner CITY Rancho Palos Verdes ST CA ZIP 90275 PHONE (310) 833-3442 FAX Same E-MAIL fsteiner(a-)-csudh.edu THIS AGREEMENT IS MADE ON July 17, 2007 BY AND BETWEEN THE CITY OF CARSON, HEREINAFTER CALLED THE "CITY," AND Dr. Frances Steiner, HEREINAFTER CALLED THE "CONTRACTOR", REPRESENTING Carson Symphony Orchestra. THIS AGREEMENT IS IN EFFECT AS OF JULY 1, 2007. THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1 — DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR: A. Personal service includes two free, public evening concerts, and one morning consisting of three assembly programs to approximately 3,000 Carson school children from the 3ro, 41n, and 5 grades. B. Contractor agrees that membership in its organization and participation in its activities shall not be restricted based upon race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation except as otherwise permitted by law. C. Contractor at all times agrees to make every effort to recruit Carson residents for membership. Participation roster listing the name, city of residence, and if applicable, the school of attendance of the participants for each production shall be filed with the Fine Arts Section of the Public Services Workgroup. D. Contractor shall make every effort to utilize Carson vendors for supplies, printing, equipment, rentals, etc. E. Contractor shall coordinate its own activities, including sole responsibility for bookings and tours, purchasing, conducting auditions and rehearsals, selecting casts, and arranging all scheduled performances of the Company. F. Contractor shall have no free use of City resources (buses, equipment, and/or facilities). All use of the Community Center and other City facilities will be on a paid permit basis. The Contractor is not to list City addresses as their business address. Contractor's mail should be listed under Contractor's personal/business address. G. Contractor shall publicize the City at each function by: Acknowledging that funding was made available to Contractor upon the recommendation of the "Fine Arts & Historical Commission" and approval of the "Carson City Council". 2. Distributing publications and literature about the Contractor and the City. Publications shall not be distributed unless they conform to the following guidelines: (a) All publications must contain the City of Carson seal. The heading of the publication must always read, "The City of Carson, Fine Arts & Historical Commission Presents." All other pertinent City information must be included. (b) Contractor must create and submit the draft of any publication/flyer to the Community Services Program Manager at least one month prior to the event. If necessary, publications will be returned to the Contractor for revisions. Corrected publication must be resubmitted to the Community Services Program Manager within ten (10) days for final approval. (c) Contractor must create and submit the draft of any invitations or event programs to the Community Services Program Manager at least one month prior to the event. All programs must list the names of the current elected officials and management staff. If necessary, publications will be returned to the Contractor for revisions. Corrected publications must be resubmitted to the Community Services Program Manager within ten (10) days for final approval. (d) After reviewing the publications for completeness and accuracy, the Community Services Program Manager will forward same to the Public Services General Manager (or his designee), who will then approve all publications in writing before going to print. H. All costs associated with the publication and printing of literature (including flyers, programs, and invitations) are the responsibility of the Contractor. Contractor agrees to maintain in good standing a business license issued by the City during the term of this agreement, if required by the Carson Municipal Code. All appearances of Contractor that will be made as a representative of City shall be approved by the Public Services General Manager or by his designee. SECTION 2 — PAYMENT PROCEDURES AND REQUIREMENTS A. City shall pay Contractor for the performance of the services set forth in this agreement the sum not to exceed $44.811.00. Payment to Contractor will be charged to account no. 01-90-990-153-6005 and shall be made on the third Register of Demand as follows: 1. 50% of the total amount in July, 2007. ($22,405.50) 1. 25% of the total amount in October, 2007. ($11,202.75) 2. 25% of the total amount in January or April, 2008. ($11.202.75) B. Funds may only be expended in accordance with a budget to be prepared by the Contractor and approved by the Public Services General Manager or his designee. The budget should be prepared as a line item budget, and shall be broken down by event. The budget must be in a format prescribed by the City. It shall be detailed and must provide specific sums for such items as salaries, fringe benefits, sets, rentals, musical scores, orchestration, publicity, props, costumes, printing, insurance, transportation, make-up, band and all other expenses. C. The Contractor shall submit the approved final budget to the Fine Arts Section of the Public Services Workgroup and the Accounting Division of the Administrative Services Workgroup three (3) weeks in advance of the scheduled payment date. No funds will be released to the Contractor until the approved final budget is received by the City. D. Invoices and/or official receipts for actual expenditures must be submitted on a quarterly basis (July, October, January, April) to the Accounting Division on the 15th day following the end of each calendar quarter. In addition, within thirty (30) days after the conclusion of the event, the Contractor must submit a final accounting of actual revenues and expenditures for the event in a format prescribed by the City. Failure to submit the required documentation in a timely manner may result in a delay of payments to the Contractor. E. A separate bank account shall be maintained for each City funding source. Proof of compliance with this provision such as bank statements may be required for the audit purpose by the Accounting Division. F. The City requires that all gross revenues, donations, interest income, etc. must be reported. G. All city -funded performances, concerts, or other programming shall be offered at no cost to the participants/attendees. H. Contractor shall provide the City, on a quarterly basis (July, October, January, April), with an inventory of all equipments, props, uniforms, musical instruments, and costumes purchased with City funds no later than the 151hday following the end of each quarter. In addition, within thirty (30) days after the conclusion of each event, the Contractor must submit a final inventory list to the Accounting Division. This list must be attached to the report required in Section 2.D. The inventory list shall conform to the format prescribed by the City. I. All materials purchased with City funds shall be the property of the City and will be given to the City upon termination of the contract. J. At the conclusion of the contract term, any funds not spent or unaccounted for will be returned to the City. Contractor may be subject to an audit by the Accounting Division. SECTION 3 — INDEPENDENT CONTRACTORIINDEMNITY A. Contractor is, and shall at all times remain to City, as a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the City or that any programs conducted by the Contractor are official City programs. B. Contractor agrees to hold harmless and indemnify City and its officers, elected officials, members of boards and commissions, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, the "Indemnities"), from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from the acts or failures to act of Contractor or any of its officers, employees, subcontractors, agents, volunteers, participants, guests, or invitees arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent negligent act or omission by Indemnities and shall operate to fully indemnify Indemnities against any such acts or omission, except for Indemnities' active negligence or willful misconduct. Payment is not required as a condition precedent to Indemnities' right to recover under this indemnity provision, and an entry of judgment against Indemnities shall be conclusive in favor of the Indemnities right to recover under this indemnity provision. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent act or omission, negligent or otherwise, by Indemnities, except for Indemnities' active negligence or willful misconduct. Contractor agrees that its covenant under this indemnity provision shall survive the termination of this Agreement and is in addition to any other rights or remedies that Indemnities may have under the law. SECTION 4 — TERMINATION This agreement may be terminated by either party, with or without cause, upon 30 days written notice. Upon termination as provided hereunder, Contractor shall return all equipment purchased with City funds. City shall pay Contractor for all purchases and expenditures made or obligations incurred by the Contractor prior to the date of termination, so long as said purchases or expenditures made or obligations incurred are in conformity with the budget prepared in accordance with Section 2.6. In the event the funds paid by the City exceed said purchases and expenditures made for obligations incurred by Contractor, Contractor shall remit said balance to City. Back to Top SECTION 5 — INSURANCE REQUIREMENTS Contractor shall obtain and maintain during the term of this agreement the following coverages and endorsements: A. Comprehensive General Liability Insurance in amounts not less than $500,000 for bodily injury arising out of any one occurrence and $500,000 in the aggregate, and $500,000 for property damage arising out of any one occurrence and $500,000 in the aggregate, or a combined single limit of $500,000 per occurrence, $500,000 aggregate. B. Comprehensive Automobile Liability Insurance in amounts not less than $100,000 for bodily injury to any one person, $300,000 arising out of each accident and $50,000 for property damages. A combined single limit of $300,000 is also acceptable. Such insurance shall name the City of Carson and the Carson Redevelopment Agency and their officers, employees, agents, elected officials, members of boards or commissions, and volunteers as additional insured parties. Coverage must include the provisions prescribed by the City. Contractor shall file and maintain the required endorsements and certificates of insurance with the Risk Management Division of the City at all times during the term of this agreement. The endorsements and certificates are to be filed prior to the commencement of work and should state clearly: The additional insured requested. 2. Insurance is to be primary to that of the additional insured. 3. Cross liability clause. 4. The insurance afforded to the additional insured shall apply as primary insurance and no other insurance maintained by the additional insured will be called upon to contribute with the insurance provided by the Contractor. 5. Any notice of change or cancellation of insurance must be provided thirty days prior to the change or cancellation to: The City of Carson Risk Management Division P.O. Box 6234 Carson, CA 90749 This agreement is executed by the city on this 17th day of July, 20 07. C NTRACTOR'S SIGNATURE PRINT NAME CITY OF CARSON: M AGER PUBL II. AD INI VTRATIVE SERVICES GENERAL MANAGER APPROVED AS TO FORM: Z/� DATE TITLE u SERV ES GENE AL MANr tit HUMAN SERVICES DIVISION MANAGER v 6 "QiD/Z CIT TTORNEY MAYOR ATTEST: ,1 CITY CLERK City of Carson Report to Mayor and City Council July 17, 2007 New Business Consent SUBJECT: APPROVAL OF FINE ARTS & HISTORICAL COMMISSION CONTRACT FOR THE CARSON SYMPHONY FOR FY 2007/08 -S-u6mjjWd by Raymond R. Cruz Public Services General Manager I. SUMMARY Approv e me . Groomes City Manager At the March 26, 2007, City Council meeting (minutes unavailable), the City Council formally approved the Fine Arts & Historical Commission budget for the FY 2007/08. Included within the basic budget is $44,811.00 for the Carson Symphony. The contract has been reviewed and approved by the Fine Arts & Historical Commission and will be approved by the City Attorney as to form and scope. In accordance with the procedures for awarding contracts, those contracts which exceed $25,000.00 require City Council approval. H. RECOMMENDATION TAKE the following actions: 1. APPROVE the Carson Symphony contract in the amount of $44,811.00 for the period of July 1, 2007, to June 30, 2008. 2. AUTHORIZE the Mayor to execute the contract following approval as to form by the City Attorney. III. ALTERNATIVES REJECT the contract, as submitted, or AMEND the contract, as Council deems appropriate. IV. BACKGROUND At the March 5, 2007, Fine Arts & Historical Commission meeting, (Exhibit No. 1), the Commission formally approved the Carson Symphony contract (Exhibit No. 2) for the FY 2007/08. The new contract involves two free public evening concerts, and one morning consisting of three assembly programs to approximately 3,000 Carson schoolchildren in grades 3, 4, and 5. The Carson Symphony Orchestra is now in its 331 year. Last year's concerts were well attended. The orchestra membership is currently at 60. Membership is comprised of music students from the university, community members, and some professional musicians. All Carson residents are encouraged to audition and are given preferential treatment, and selection is based upon talent and the City of Carson Report to Mayor and City Council July 17, 2007 ability to perform complex pieces of classical music. As part of the budget adoption on March 26, 2007, the City Council approved funding for this program in the amount of $44,811.00. This contract exceeds $25,000.00, therefore the City Council is being asked to approve the award of this contract. V. FISCAL IMPACT Funds for this item were included in the FY 2007/08 Fine Arts & Historical Commission budget for this contract in account 01-90-990-153-6005. VI. EXHIBITS 1. Excerpt of minutes from the March 5, 2007, Fine Arts & Historical Commission meeting. (pgs. 3-6) 2. Carson Symphony contract. (pgs. 7-13) 3. Contract Matrix. (pgs. 14-15) Prepared by: Dani Cook, Community Services Coordinator sf.Rev061902 Reviewed by: City Clerk Administrative Economic Date Services City Treasurer Development Services Public Services Action taken by City Council Action 2 WRITTEN COMMUNICATIONS & REPORTS 1. Upcoming Events Calendar — Recreation Coordinator Cook briefly outlined the Fine Arts Calendar with one correction under Western Photographers Art Reception. The date should read March 21St, not March 20th. Recreation Coordinator Cook added that the Korean American Friendship League is presenting a 2007 Carson Art Festival for World Peace, and will have several items on display starting Monday, March 5, 2007, through Thursday, March 8, 2007, with an opening reception on Tuesday, March 6, 2007. ACTION Commissioner Severtson moved to receive and file Recreation Coordinator's Cook report, seconded by Commissioner Weil, and unanimously carried. UNFINISHED BUSINESS — None NEW BUSINESS 1. Item No. 05-07: Fine Arts & Historical Commissioner Proposals Deliberation FY 2007108 Human Services Manager Hicks stated that there was a Special Meeting and an adjourned regular meeting held on February 26, 2007, to hear the presentations by the proposed contractors for FY 2007/08. Tonight the Commission will deliberate and make recommendations that will be forwarded to the City Council for consideration at its March 20, 2007, Council meeting. The budget impact is $205,400. Human Services Manager Hicks suggested doing the same as last year and to consider each proposed contractor individually and to discuss and have a poll recommendation for each contractor. FINE ARTS CONTRACT RECOMMENDATIONS Carson Symphony is requesting $52,000. The following Commissioners made their recommendations for Carson Symphony: Commissioner Villareal $50,000, Commissioner Pulido $49,000, Commissioner Weil $50,000, Chairperson Blackburn $50,000, Vice - Chairperson Cole $50,000, Commissioner Severtson $50,000, Commissioner Gordon $48,000. Majority recommendation is $50,000. CSUDH Art Gallery is requesting $8,000. The following Commissioners made their recommendations for the CSUDH Art Gallery: Commissioner Villareal $7,500, Commissioner Puldio $7,500, Commissioner Weil $8,000, Chairperson Blackburn $7,500, Vice -Chairperson Cole $7,500, Commissioner Severtson $7,500, Commissioner Gordon $7,500. Majority recommendation is $7,500. EXHIBIT NO_ 1 Fine Arts & Historical Commission Monday, March 5, 2007 Page 2 of 6 Apollo West Carson Players is requesting $65,000. The.following Commissioners made their recommendations for Apollo West Carson Players: Commissioner Villareal $20,000, Commissioner Pulido $40,000, Commissioner Weil $40,000, Chairperson Blackburn $35,000, Vice- Chairperson Cole $35,000, Commissioner Severtson $20,000, Commissioner Gordon $35,000. Majority recommendation is $35,000. Nu Power Community Outreach is requesting $30,000. The following Commissioners made their recommendations for Nu Power Community Outreach: Commissioner Villareal $7,500, Commissioner Pulido $0, Commissioner Weil $0, Vice -Chairperson Blackburn $7,500, Vice -Chairperson Cole $7,500, Commissioner Severtson $0, Commissioner Gordon $7,500. Majority recommendation is $7,500. Office of Samoan Affairs Performing Arts is requesting $20,000. The following Commissioners made their recommendations for OSA Performing Arts: Commissioner Villareal $0, Commissioner Pulido $7,500, Commissioner Weil $7,500, Chairperson Blackburn $7,500, Vice -Chairperson Cole $0, Commissioner Severtson $0, Commissioner Gordon $0. . Majority recommendation is $0. Carson Art Association is requesting $7,500. The following Commissioners made their recommendations for Carson Art Association: Commissioner Villareal $7,500, Commissioner Pulido $7,500, Commissioner Weil $7,500, Chairperson Blackburn $7,500, Vice -Chairperson Cole $7,500, Commissioner Severtson $7,500, Commissioner Gordon $7,500. Majority recommendation is $7,500. Francisco Martinez Dancetheatre is requesting $20,000. The following Commissioners made their recommendation for Francisco Martrinez Dancetheatre: Commissioner Villareal $12,000, CommissionerPulido 500,sioner Commisseoneril l Severtson$12,000,$ Chairperson2,00, Blackburn $12,000, Vice- C pe son Cole $7 Commissioner Gordon $12,000. Majority recommendation is $12,000. Positive Images of Self -Expression is requesting $15,500. The following Commissioners made their recommendation for PISS: Commissioner Villareal $7,500, Commissioner Pulido $7,500, Commissioner Weil $7,500, Chairperson Blackburn $7,500, Vice - Chairperson Cole $7,500, Commissioner Severtson $7,500, Commissioner Gordon $7,500. Majority recommendation is $7,500. Filipinas Chorale USA and the Cherubs is requesting $16,000. The following Commissioners made their recommendation for Filipinas Chorale USA and the Cherubs: Commissioner Villareal $16,000, Commissioner Pulido $16,000, Commissioner Weil $10,000, Chairperson Blackburn $12,000, Vice -Chairperson Cole $12,000, Commissioner Severtson $12,000, Commissioner Gordon $12,000. Majority recommendation is $12,000. Vivian McClure Theatre Productions is requesting $53,750. The following Commissioners made their recommendation for Vivian McClure Theatre Productions: Commissioner Villareal $50,000, Commissioner Pulido $49,000, Commissioner Weil $50,000, Chairperson Blackburn $50,000, Vice -Chairperson Cole $50,000, Commissioner Severtson $50,000, Commissioner Gordon $48,000. Majority recommendation is $50,000. Fine Arts & Historical Commission Monday, March 5, 2007 Page 3 of 6 Art in Motion is requesting $21,800. The following Commissioners made their recommendation for Art in Motion: Commissioner Villareal $0, Commissioner Pulido, $0, Commissioner Weil $0, Chairperson Blackburn $10,000, Vice -Chairperson Cole $7,500, Commissioner Severtson $10,000, Commissioner Gordon $7,500. Majority recommendation is $0. The International Printing Museum is requesting $12,000. The following Commissioners made their recommendation for The International Printing Museum: Commissioner Villareal $7,500, Commissioner Pulido $10,000, Commissioner Weil $7,500, Chairperson Blackburn $7,500, Vice- Chairperson Cole $7,500, Commissioner Severtson $7,500, Commissioner Gordon $7,500. Majority recommendation is $7,500. Pacific American Student Services is requesting $15,000. The following Commissioners made their recommendation for Pacific American Student Services: Commissioner Villareal $0, Commissioner Pulido $0, Commissioner Weil $7,500, Chairperson Blackburn $0, Vice -Chairperson Cole $0, Commissioner Severtson $7,500, Commissioner Gordon $7,500. Majority recommendation is $0. Carson Community Wind Ensemble is requesting $11,690. The following Commissioners made their recommendation for the Carson Community Wind Ensemble: Commissioner. Villareal $0, Commissioner Pulido $0, Commissioner Weil $0, Chairperson Blackburn $0, Vice -Chairperson Cole $0, Commissioner Severtson $0, Commissioner Gordon $0 Majority recommendation is $0. Dominguez Bridge Theatre Company is requesting $10,000. The following Commissioners made their recommendation for Dominguez Bridge Theatre Company: Commissioner Villareal $7.500, Commissioner Pulido $10,000, Commissioner Weil $7,500, Chairperson Blackburn $7,500, Vice -Chairperson Cole $7,500, Commissioner Severtson $7,500, Commissioner Gordon $7,500. Majority recommendation is $7,500. The Mariachi Academy of Carson is requesting $40,000. The following Commissioners made their recommendation for The Mariachi Academy of Carson: Commissioner Villareal $20,000, Commissioner Pulido $40,000, Commissioner Weil $20,000, Chairperson Blackburn $10,000, Vice -Chairperson Cole $20,000, Commissioner Severtson $20,000, Commissioner Gordon $20,000. Majority recommendation is $20,000. Da Fyne Crochet Designs is requesting $102,999. The following Commissioners made their recommendation for Da Fyne Crochet Designs: Commissioner Villareal $0, Commissioner Pulido $0, Commissioner Weil $0, Chairperson Blackburn $0, Vice -Chairperson Cole $0, Commissioner Severtson $0, Commissioner Gordon $0. Majority recommendation is $0. Human Services Manager Hicks stated we are over by $18,600. Commissioner Gordon made a motion to take $3,100 from the top six contractors, seconded by Commissioner Villareal, but Commissioner Weil asked to wait and to have further discussion. Human Services Manager Hicks suggested that the Commission take a poll vote. Commissioner Villareal -No, Commissioner Pulido-No, Commissioner Weil -No, Fine Arts & Historical Commission Monday, March 5, 2007 Page 4 of 6 Chairperson Blackburn -Yes, Vice- Chairperson Cole -Yes, Commissioner Severtson-No, Commissioner Gordon -Yes. 4-3 the motion failed. Chairperson Blackburn suggested presenting this budget of $224,000 to the City Council, and she noted that the Commission used to get more money in the past. Commissioner Severtson moved to take the $224,000 budget that the Commission recommended to Council, seconded by Commissioner Pulido, Poll vote: Commissioner Villareal -Yes, Commissioner-Pulido Yes, Commissioner Weil -No, Chairperson Blackburn - Yes, Vice -Chairperson Cole -Yes, Commissioner Severtson-Yes, Commissioner Gordon - Yes, motion carried 6-1. Commissioner Severtson moved to have all Commissioners attend the March 21, 2007, City Council meeting, seconded by Commissioner Pulido, and unanimously carried. Commissioner Weil stated she would not be at the City Council meeting. AD-HOC COMMITTEE 1. Theater Arts/Drama Committee — No report 2. Arts Committee — No report 3. Dance/Music Committee — Commissioner Villareal stated that the Carson Symphony performed on Saturday, February 10th, at 8:00 p.m., at the University Theater. The program was entitled From Russia with Love, and was very well attended. 4. Fine Arts Summer Academy — Human Services Manager Hicks stated they are still waiting on hiring someone. ORAL COMMUNICATIONS (AUDIENCE) Marvin Clayton Director of Apollo West Carson Players, 426 W. Carson Street, Suite 6, Carson, CA 90745 stated that at his Black History program, over half of his cast was comprised of children. He also stated he did not perform in the event, but he was the MC. Cyd Glover -Hill, 20930 Bonita Street, Unit X, Carson, CA 90745, (Art in Motion) asked the Commission why they voted against her group and how can Commissioner Severtson vote against her group when she wasn't at the meeting when they did their presentations. Staff stated that every Commissioner was at the special meeting and Commissioner Severtson stated she was one of the Commissioners who voted to give $10,000 to her group. Cyd Glover -Hill also asked the following questions: What are the criteria for selecting the proposals? How much money is set aside for new organizations? Human Services Manager Hicks stated the Commission cannot get into specific details, which were in the literature that was mailed. Based on tonight's recommendations, there was one new organization that was recommended for funding. Human Services Manager Hicks stated you cannot get into dialogue under oral communications and that we would have to bring the guidelines back as an agenda item at the next meeting. M Fine Arts & Historical Commission Monday, March 5, 2007 Page 5 of 6 DRAFT CITY OF CARSON 0 �* PUBLIC SERVICES WORK GROUP HUMAN SERVICES DIVISION Back to Top FINE ARTS AND CULTURAL ACTIVITIES PROGRAM CONTRACT SERVICE AGREEMENT — FY 2007108 CONTRACTOR Carson Symphony Orchestra FED ID or SS # ADDRESS 21 La Vista Verde P.O. NUMBER CONTACT PERSON Dr. Frances Steiner CITY Rancho Palos Verdes ST CA ZIP 90275 PHONE (310) 833-3442 FAX Same E-MAIL fsteiner ,-csudh.edu THIS AGREEMENT IS MADE ON July 17, 2007 BY AND BETWEEN THE CITY OF CARSON, HEREINAFTER CALLED THE "CITY," AND Dr. Frances Steiner, HEREINAFTER CALLED THE "CONTRACTOR", REPRESENTING Carson Symphony Orchestra. THIS AGREEMENT IS IN EFFECT AS OF JULY 1, 2007. THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1 — DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR: A. Personal service includes two free, public evening concerts, and one morning consisting of three assembly programs to approximately 3,000 Carson school children from the 3rd, 4'", and 5 grades. B. Contractor agrees that membership in its organization and participation in its activities shall not be restricted based upon race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation except as otherwise permitted by law. C. Contractor at all times agrees to make every effort to recruit Carson residents for membership. Participation roster listing the name, city of residence, and if applicable, the school of attendance of the participants for each production shall be filed with the Fine Arts Section of the Public Services Workgroup. D. Contractor shall make every effort to utilize Carson vendors for supplies, printing, equipment, rentals, etc. EXHIBIT NQ_ 2 7 DRAFT E. Contractor shall coordinate its own activities, including sole responsibility for bookings and tours, purchasing, conducting auditions and rehearsals, selecting casts, and arranging all scheduled performances of the Company. F. Contractor shall have no free use of City resources (buses, equipment, and/or facilities). All use of the Community Center and other City facilities will be on a paid permit basis. The Contractor is not to list City addresses as their business address. Contractor's mail should be listed under Contractor's personal/business address. G. Contractor shall publicize the City at each function by: 1. Acknowledging that funding was made available to Contractor upon the recommendation of the "Fine Arts & Historical Commission" and approval of the "Carson City Council". 2. Distributing publications and literature about the Contractor and the City. Publications shall not be distributed unless they conform to the following guidelines: (a) All publications must contain the City of Carson seal. The heading of the publication must always read, "The City of Carson, Fine Arts & Historical Commission Presents." All other pertinent City information must be included. (b) Contractor must create and submit the draft of any publication/flyer to the Community Services Program Manager at least one month prior to the event. If necessary, publications will be returned to the Contractor for revisions. Corrected publication must be resubmitted to the Community Services Program Manager within ten (10) days for final approval. (c) Contractor must create and submit the draft of any invitations or event programs to the Community Services Program Manager at least one month prior to the event. All programs must list the names of the current elected officials and management staff. If necessary, publications will be returned to the Contractor for revisions. Corrected publications must be resubmitted to the Community Services Program Manager within ten (10) days for final approval. (d) After reviewing the publications for completeness and accuracy, the Community Services Program Manager will forward same to the Public Services General Manager (or his designee), who will then approve all publications in writing before going to print. H. All costs associated with the publication and printing of literature (including flyers, programs, and invitations) are the responsibility of the Contractor. r , J DRAFT Contractor agrees to maintain in good standing a business license issued by the City during the term of this agreement, if required by the Carson Municipal Code. All appearances of Contractor that will be made as a representative of City shall be approved by the Public Services General Manager or by his designee. SECTION 2 — PAYMENT PROCEDURES AND REQUIREMENTS A. City shall pay Contractor for the performance of the services set forth in this agreement the sum not to exceed $44,811.00. Payment to Contractor will be charged to account no. 01-90-990-153-6005 and shall be made on the third Register of Demand as follows: 1. 50% of the total amount in July, 2007. ($22,405.50) 1. 25% of the total amount in October, 2007. ($11,202.75) 2. 25% of the total amount in January or April, 2008. ($11,202.75) B. Funds may only be expended in accordance with a budget to be prepared by the Contractor and approved by the Public Services General Manager or his designee. The budget should be prepared as a line item budget, and shall be broken down by event. The budget must be in a format prescribed by the City. It shall be detailed and must provide specific sums for such items as salaries, fringe benefits, sets, rentals, musical scores, orchestration, publicity, props, costumes, printing, insurance, transportation, make-up, band and all other expenses. C. The Contractor shall submit the approved final budget to the Fine Arts Section of the Public Services Workgroup and the Accounting Division of the Administrative Services Workgroup three (3) weeks in advance of the scheduled payment date. No funds will be released to the Contractor until the approved final budget is received by the City. D. Invoices and/or official receipts for actual expenditures must be submitted on a quarterly basis (July, October, January, April) to the Accounting Division on the 15th day following the end of each calendar quarter. In addition, within thirty (30) days after the conclusion of the event, the Contractor must submit a final accounting of actual revenues and expenditures for the event in a format prescribed by the City. Failure to submit the required documentation in a timely manner may result in a delay of payments to the Contractor. E. A separate bank account shall be maintained for each City funding source. Proof of compliance with this provision such as bank statements may be required for the audit purpose by the Accounting Division. DRAT T F. The City requires that all gross revenues, donations, interest income, etc. must be reported. G. All city -funded performances, concerts, or other programming shall be offered at no cost to the participants/attendees. H. Contractor shall provide the City, on a quarterly basis (July, October, January, April), with an inventory of all equipments, props, uniforms, musical instruments, and costumes purchased with City funds no later than the 15t'day following the end of each quarter. In addition, within thirty (30) days after the conclusion of each event, the Contractor must submit a final inventory list to the Accounting Division. This list must be attached to the report required in Section 2.D. The inventory list shall conform to the format prescribed by the City. All materials purchased with City funds shall be the property of the City and will be given to the City upon termination of the contract. At the conclusion of the contract term, any funds not spent or unaccounted for will be returned to the City. Contractor may be subject to an audit by the Accounting Division. SECTION 3 — INDEPENDENT CONTRACTOR/INDEMNITY A. Contractor is, and shall at all times remain to City, as a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the City or that any programs conducted by the Contractor are official City programs. B. Contractor agrees to hold harmless and indemnify City and its officers, elected officials, members of boards and commissions, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, the "Indemnities"), from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from the acts or failures to act of Contractor or any of its officers, employees, subcontractors, agents, volunteers, participants, guests, or invitees arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent negligent act or omission by Indemnities and shall operate to fully indemnify Indemnities against any such acts or omission, except for Indemnities' active negligence or willful misconduct. Payment is not required as a condition precedent to Indemnities' right to recover under this indemnity provision, and an entry of judgment against Indemnities shall be conclusive in favor of the Indemnities right to recover under this indemnity provision. Contractor, on behalf of itself and all parties claiming under or through it, hereby DRAFT waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent act or omission, negligent or otherwise, by Indemnities, except for Indemnities' active negligence or willful misconduct. Contractor agrees that its covenant under this indemnity provision shall survive the termination of this Agreement and is in addition to any other rights or remedies that Indemnities may have under the law. SECTION 4 — TERMINATION This agreement may be terminated by either party, with or without cause, upon 30 days written notice. Upon termination as provided hereunder, Contractor shall return all equipment purchased with City funds. City shall pay Contractor for all purchases and expenditures made or obligations incurred by the Contractor prior to the date of termination, so long as said purchases or expenditures made or obligations incurred are in conformity with the budget prepared in accordance with Section 2.13. In the event the funds paid by the City exceed said purchases and expenditures made for obligations incurred by Contractor, Contractor shall remit said balance to City. Back to Top SECTION 5 — INSURANCE REQUIREMENTS Contractor shall obtain and maintain during the term of this agreement the following coverages and endorsements: A. Comprehensive General Liability Insurance in amounts not less than $500,000 for bodily injury arising out of any one occurrence and $500,000 in the aggregate, and $500,000 for property damage arising out of any one occurrence and $500,000 in the aggregate, or a combined single limit of $500,000 per occurrence, $500,000 aggregate. B. Comprehensive Automobile Liability Insurance in amounts not less than $100,000 for bodily injury to any one person, $300,000 arising out of each accident and $50,000 for property damages. A combined single limit of $300,000 is also acceptable. Such insurance shall name the City of Carson and the Carson Redevelopment Agency and their officers, employees, agents, elected officials, members of boards or commissions, and volunteers as additional insured parties. Coverage must include the provisions prescribed by the City. Contractor shall file and maintain the required endorsements and certificates of insurance with the Risk Management Division of the City at all times during the term of this agreement. The endorsements and certificates are to be filed prior to the commencement of work and should state clearly: The additional insured requested. 2. Insurance is to be primary to that of the additional insured. 'ME 3. Cross liability clause. 4. The insurance afforded to the additional insured shall apply as primary insurance and no other insurance maintained by the additional insured will be called upon to contribute with the insurance provided by the Contractor. 5. Any notice of change or cancellation of insurance must be provided thirty days prior to the change or cancellation to: The City of Carson Risk Management Division P.O. Box 6234 Carson, CA 90749 L11 This agreement is executed by the city on this 17th day of July, 20 07. CONTRACTOR'S SIGNATURE PRINT NAME CITY OF CARSON: CITY MANAGER DRAFT DATE TITLE PUBLIC SERVICES GENERAL MANAGER ADMINISTRATIVE SERVICES GENERAL MANAGER HUMAN SERVICES DIVISION MANAGER APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK COMMUNITY SERVICES PROGRAM MANAGER A" Summary of Proposed Fine Arts Contracts FY 2007108 Filipinas Chorale (Marcelino Ines, Jr.) Community Chorale of adults and children will continue 8,000 8,000 12,000 11,000 mtertaining Carson residents throughout the r. Apollo West Carson Players (Marvin Clayton) Educational workshops including three actual performance 35;000 35,000 65,000 35,000 productions. Training sessions include singing, acting, dancing, and stage management, and the program is geared toward at -risk youth and adult residents. CSUDH Art Gallery (Kathy Zimmerer) 1 Display of artwork at CSUDH Art Gallery, titled "The 9th International Shoe Box Sculpture Exhibition", including a 7,000 6,000 8,500 6,000 related K-12 art workshop, opening reception & gallery tour. Carson Symphony (Dr. Frances Steiner) Community-based symphony will perform three free, public 501000 < 45,000 50,000 49,000 evening concerts, and one morning of three assemblies to 3,000 Carson school kids. Vivian McClure Theatre Productions (Milian McClure) Vivian will provide professional musical, dramatic, and 48,000 44,000 49,500 45,000 administrative services to organize, supervise, and presets 4live productions. Carson Art Association (Mimi Jackson) The funds will be used to present the monthly demonstrating artist program held at the Carson 2,000 2,000 2,000 2,000 munity Center. In addition, the Association will hold an ,now at the SouthBay Pavilion at Carson. Mariachi Academy (Rosanna Perez) The funding will be used for a portion of the academys 20,000 20,000 20,000 20,000 total operating cost including music instruction and Carson Academy Choir. Francisco Martinez Dancetheatre Conduct four long-term dance residencies at 4 elementary schools in Carson. Two schools per semester, each 12,000 12,000 27,000 12,000 culminating in student -generated choreography. In addition, conduct FMDTs CANCIONERO at Carson's Community Center and or CSUDH theatre and bus 100 children from all local elementary schools. International printing Museum (Mark Barbour) Request to continue bringing the traveling educational program, Museum on Wheels, to Carson schools, and to 6;000 6,000 10,000 6,000 fund a summer art camp at the Printing Museum, called the Book Arts CamD. Art in Motion (Elaine Glover or Cyd Glover -Hill) Community-based youth dance company performing "Inner Visions". Funding will cover production costs, including 0 0 21,800 0 choreographer fees, theater rental, set design/props, and o materials. Nu Power COS (Karen Ackerson-Brazille) An hour long entertainment program celebrating the legacy 0 0 15,000 5,000 of MLK, and a one -day community concert at the community center. Positive Images of Self Expression (Imani Hayward) The funds will be used to offer a 5 day summer intensive --ogram of performing arts workshop in the areas of West mn dance, modem/Jazz, ballet and tap to children 0 0 35,000 0 10 -17. Upon completion of the workshops (des participating children will share their talent through the elancp recital "An Evenina of ExDressions". 16,000 112,000 1 8,900 1 10,754 65,000 135,000 131,900 131,354 8,000 1 7,500 1 7,500 1 7,500 52,000 150,000 146,900 144,811 53,750 150,000 146,900 144,811 7,500 1 7,500 1 7,500 1 7,500 40,000 120,000 116,900 1 17,916 20,000 112,000 1 8,900 1 10,754 12,000 1 7,500 1 7,500 17,500 21,8001 0 1 0 1 0 30,000 C 7,500 1 7,500 1 7,500 ,0 ,_ 15,500 7,500 7,500 7,500 EXHIBIT Nom_ 3 questing funding to develop programs that promote 0 0 36,000 0 15,000 0 0 0 rnd culture and traditions at grade schools, Carnegie, �p d Stephen White Middle School. Includes dance, art, tauaae,tutand more. lice of Samoan Affairs Performing Arts (June r- luesi) OSA will recruit 100 Carson youth with interests Samoan Pacific Islander performing arts. The goal is to 0 0 = 20,000 0 0 0 did self confident youth leaders through cultural 0 0 reforming arts skills to showcase and perform at various .: ty sponsored festivals, conferences, and events C ultural div . arson Corrrnunity wnd Ensemble (Dr. Kravchak) 0 taste an expansion of the university concert band into a Q 0 0 0 11,690 0 0 "munity wind ensemble that would perform at civic actions. SUO Theatre Arts (Bill DeLuca) Dominguez Bridge .; heatre company will produce a play drawn from the 0 0 0 0 U 10,000 7,500 7,500 7,500 tories of Dominguez graduates and perform it at theniversity L and sites in Carson. c la Fyne Crochet Designs (Crystal Bumpers) requesting - 0 102,999 0 0 0 urds to teach crochet to a wide audience, an art form that 0 0 0 las been Kist through the generations. JlanU Actors Studio'The Last Days of Jose RizaP (Fe 0 0 0 0 0 (oons) The funds will be used for musical training, 8+000 0 0 �oosition of sand std roduction• 2 :king Your Potential (Teresa Tolliver)_ ,dries of multWisdplinary srt workshops to be taught at 0 7,280 0 0 .0 0 0 ;tiara Barton Elementary School and Child Development 0 Center one day a week for twenty four weeks, culminating a . m an art exhibit. After School Art/Cultural Kinship (Angela Briggs) Art 0 0 0 0 0 program exploring different cultures taking place at 9400 8,000 0 ` . element3ry. schools. DeLuca) Testro Dominguez .(Bill 0 0 0 The goal is to develop a short educational play about the 0 4,400 5,000 4,400 0 early history of Carson, and tour the show to local Ah classes in S ri 2007. v African Beat Experience (Najae Agindotan) Teaching 0 0 0 0 0 African cultural heritage to local students through dance, 0 5,000 0 drums so & storytelliog.. Carson Community International Arts & Music 0 0`D 0 0 0 0 Festival (Shirley Lee) Will provide entertainment for 0 5000 Festival '05 and Juneteenth '06. , mau I Ka Hula Me Ka oil (April "Sissy' Kaio) 0 D 0 0 0 0 ate the Hawaiian culture through traditional dance0 rI 0 5,000si Productions (Matthew Dickens) family show that would include comedy, singing, 0 14,605 5,000 0 0 0 0 dancing, & music. Comedy selections would be provided 0 by Rudy Moreno and associates. Singing, music, & dancing ovided by JuneBug Productions. Grupo Folklorico Sabor de Mexico (Irene Hernandez) r. 0 0 Request funding for new costumes. During Hispanic 0 0 5,000 5000_ 0 - 0 0 Heritage Month (Sept. 15-Oct. 15), the entire dance troupe,X., . a 5-40 willmi-form a recital 206.400 205.4 ,