HomeMy WebLinkAboutReso 1986-12508 RESOLUTION NO. 12508
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS AND APPROVING
PERFORMANCE AGREEMENT FOR THE AUGUST 24, 1986
SAN DIEGO POPS SYMPHONY CONCERT AT THE
STREET MARINA BEYOND THE PORT DISTRICT'S
CONTRIBUTION OF $16,000 AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, at its March 3, 1986 meeting, the City Council
approved participation with the San Diego Unified Port District
to sponsor the San Diego Pops Symphony for a summer concert
performance at the "J" Street Marina on August 24, 1986, and
WHEREAS, the San Diego Unified Port District has agreed
to furnish the direct cost of $16,000 for the San Diego Pops
Symphony if the City agrees to absorb the following incidental
costs:
Electrical Supplies $1,000
Promotional Expenses 2,500
Police Security & Traffic Control 700
Parks and Recreation Personnel 250
Fireworks Display 2,500
Portable Sanitation Facilities 1,000
Bus Shuttle 50
Miscellaneous Supplies 200
Total -~8,200
WHEREAS, the San Diego Pops Association has submitted
their standard agreement for the City to execute to guarantee the
performance on August 24, 1986 and said agreement specifies the
method of payment, liability insurance requirement, prohibitions,
cancellation clauses, etc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does appropriate the sum of $8,200 from
the unappropriated balance of the General Fund for the August 24,
1986 San Diego Pops Symphony Concert at the "J" Street Marina.
BE IT FURTHER RESOLVED that the City Council does hereby
approve the Performance Agreement between the San Diego Pops
Association and the City of Chula Vista, dated the 3rd day
of June , 1986, a copy of which is attached hereto and
incorporated herein by reference as if set forth in full, for the
San Diego Pops Symphony concert on August 24, 1986 at the
Street Marina.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
Manuel A. Mollinedo, Director ~Yhomas J./~/~ron, City Attorney
of Parks and Recreation
1594a
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 3rd day of. 0une
19 ~6 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Moore, Campbell, Cox
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Councilmembers McCandl iss
ATTE
~ -' 'y Clerk
STATE OF CALIFORNIA )
COUNTY OF' SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12508 ,and that the same has not been amended or repealed.
DATED
City Clerk
CI ' OF
CHUIA VISI'A
CC-660
PERFORMANCE AGRESMEN~
/his Agreement, made this 3rd da5' of 0une , 1986, will serve as a contract
between the SAN DIEGO POPS ASSOCIATION, AKA San Diego Symphony Orchestra Association
("Association"), and City of Chula Vista ,("Sponsor") to provide the
professional services of the San Diego Pops Orchestra.
Performance:
Date: August 24~ 1986 Location: South Baw Park
Time: 7:00 p.m. Fee: $16,000.00
Ail payments shall be paid by check, money order, or cash as follows:
A deposit of $1,500.00 shall be required on execution of contract.
The balance of payment shall be made not later than Auqust 25, 1986
In addition to the agreed-upon fee, Sponsor agrees to provide:
1. At least four (4) properly supplied restrooms, 2 marked women and 2 marked men,
for the exclusive use of the Orchestra members, as required by Association's
Master Agreement. (Portable restrooms are acceptable. If portable restrooms
are provided, then handiwipes should be supplied in lieu of a sink.)
2. Chairs or benches must be provided for a backstage lounge area.
3. 60' x 40' level space adequate for set-up of concert shell and stage.
4. 100 AMP, 3-phase electrical service to be located within 100 feet from
stage/shell.
5. Additional sound needs, if required, are to be contracted from the sound
designated by Association, contr ? ..... c~
act not to exceed ~, ..... 0 $1,500.00
Association agrees to provide:
1. San Diego Pops Orchestra--one (1) performance of two and one-half (2 1/2) hour
maximum duration.
2. Pops Conductor, to be designated by Association.
3. Equipment:
a. San Diego Symphony Orchestra Pops shell.
b. Music stands for the orchestra.
c. Overhead lighting for the orchestra.
d. Four (4) spotlights for conductor and soloist (if any).
e. San Diego Symphony Orchestra sound system (see 5 above).
f. San Diego Symphony Orchestra van and trailer for use as conductor's
dressing room.
4. Production crew to set up equipment in 3 above.
5. Music (program to be designated by Association).
RECORDING/BROADCAST: Sponsor shall not have the right to record, broadcast or televise,
photograph or otherwise reproduce the visual and/or audio performances hereunder, or any
~art thereof without Association's express written permission.
1
INSURANCE: Sponsor agrees to procure and continue in effect a comprehensive general
liability insurance policy to protect against any and all claims for injury or damages to
persons and property, real and personal, arising in any manner in connection with the
erformance, with minimum liability limits of $I,000,0~0 due to personal injury or death
~nd of $100,000 for damages to or destruction of property in any one occurrence, with
Association as a named assured. Sponsor shall, at Association's request, furnish
Association with insurance certificates indicating such coverage.
RAIN DATE: In the event that an outdoor concert must be cancelled due to rain or other
inclement weather conditions which prevent the Orchestra from performing, Sponsor shall
have the option of scheduling a rain date on a subsequent date, to be mutually agreed upon
by Sponsor and Association. Sponsor agrees to accept financial responsibility for any
documented out-of-pocket expenses incurred by Association on the original performance'date
prior to the decision to cancel or postpone the performance. It is the sole prerogative
of Association to determine if weather conditions are acceptable for any outdoor
performance under the terms of its labor agreement. However, Association will work in
consultation with Sponsor to make every effort to facilitate the performance on the date
specified in this Agreement.
FORCE MAJEURE: In the event performance by either party of any of such party's
obligations hereunder is prevented by act of God, physical disability, the acts or
regulations of public authorities, labor difficulties, strike, civil tumult, war,
epidemic, interruption or delay of transportation service, or any other cause beyond their
control, all obligations of each party hereunder shall terminate without recourse to
either party. This Agreement shall be construed, governed, and interpreted according to
the laws of the State of California.
CANCELLATION: In the event of cancellation of these services by Sponsor, Sponsor will be
~eld liable for all direct costs incurred by Association in relation to this Agreement.
~tification of any cancellation must be received by Association in ~iting 45 days prior
co performance date. In the event of cancellation by Association, all advance payments,
less any direct expenses, will be refunded to Sponsor.
RIGHT OF REFUSAL: In the event Sponsor refuses or neglects to provide any of the items
herein stated and/or fails to make any of the payments as provided herein, Association
shall have the right to refuse to perform this contract and shall have the right to demand
payment of the guaranteed compensation forthwith.
MODIFICATIONS: All terms and conditions of this Agreement are contained herein. Any
additions or alterations to this Agreement shall be made in writing by mutual consent of
both parties hereto. Association shall not be bound by any terms or understandings other
than those contained herein.
The signatures below indicate acceptance of offer and full agreement by each party of the
terms and conditions of this contract.
TITLE: Executive Director SDSOA TITLE: Ma.For, City of Chula Vista
SAN DIEGO POPS
P.O. Box 12473
San Diego, CA 92112 (619)699-4200