HomeMy WebLinkAbout1979-202
-~':':'-,~ "';'1-)- :;'::".J'l~L
....
- .
~j..:_....~"..,.J~'i:t~~~~-c~''-: " -I r~
,<:'!,'."t.;'I' ~.-~ ".;".~
":'j: ,- ~,.,.-,~,':,
-,~.--"
..~:;.;:<rt::;t;':1,.,'-"-,,,,'.'1:J~~Y::~~:
'.:"
RESOLUTION NO. "7 '7-,;('O:z.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STEPHEN BAFFREY PRODUCTIONS, A
3 PRODUCING COMPANY, REPRESENTING THE PRESERVATION HALL JAZZ BAND,
AUTHORIZING A PERFORMANCE BY THE PRESERVATION HALL JAZZ BAND.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
I SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
7
8 an Agreement with Stephen Baffrey Productions, a producing company
9 representing the Preservation Hall Jazz Band, authorizing a
10 performance by the Preservation Hall Jazz Band, a copy of which
II is attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15
Bernardino at a
on the 0/Aay
of /{~~
, 1979, by the following vote,
meeting thereof, held
16
17
to wi t :
18
AYES:
,/, ..4- (l.: J ~~
Councilmen &Adtlt'JU'dt." /'1) ,I",/#/I,"'fn,,,
f
Y/d., "", P'r.1 /.?.J
, , ,
nA'v\L-
,/. /~ L/:'//
0h'/dL&itnM'./ rx:&i;'";}~ t2Vt."A.A n)
19
20
NAYS:
21
ABSENT:
22
23
~~~~/..C
/' C~ty C erk
s,,,? ;;"".1. day
24
25
The foregoing
-)Itft}
resolution is
of
, 1979.
26
27
28
~.ppr .~
~ '. ~--;J
~ y orney
....
';'jIfU
~ _,~"l',~___"lIz:~"''lP't'l!'~'.'-:~~ __,~.___~n:~~~,;",,_~..__l_ _.R--~t7;.. !f.'
,,'''''' ,..,.
~
,
A G R E E MEN T
---------
2
(Preservation Hall Jazz Band)
.F THIS AGREEMENT is made and entered into this cl'i day of
, 1979, by and between the CITY OF SAN BERNARDINO,
1,~ ,j\jL./
3
4
5 a mUI}"icipal corporation, hereinafter called "City", and STEPHEN
6 BAFFREY PRODUCTIONS, a producing company, hereinafter called
7 "Producer", representing the PRESERVATION HALL JAZZ BAND, herein-
8 after called "Arti s t" .
9 WIT N E SSE T H:
10 WHEREAS, City, through its Parks and Recreation Department,
11 agrees to sponsor a performance by Artist in the City of San
12 Bernardino; and
13 WHEREAS, it has been determined that sponsorship of said
14 performance will benefit the City and its inhabitants by providing
15 outstanding, professional entertainment,
16 NOW, THEREFORE, in consideration of the agreements, coven-
17 ants, conditions, promises and legal detriments herein contained,
18 the parties hereto agree as follows:
19
1. General. Artist will perform one concert at perris
20 Hill Bowl in the City of San Bernardino at 8:00 p.m. on Friday,
21 June 15, 1979.
23
2. Obligations of Producer. Producer will:
(a) Insure appearance of Artist on date and in place
22
24 set forth in paragraph 1 no later than 7:30 p.m., barring
25 physical disability of Artist, or acts or regulations of public
26 authorities, labor difficulties, civil tumult, strike, epidemic,
27 interruption or delay of transportation service, or any other
28 cause beyond the control of Artist or Producer.
EXHIBIT "A"
~
.
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.. ;~~~~~~_::'~;~~,'/.';""-.",:"~;"""1:~~~~~~",,, ~. ~~___....~
~_,,_"t_.
(b) Provide to City all photographs, sample news
releases, flyers and handbills necessary to publicize the event.
3. Obligations of City. City will:
(a) Provide auditorium, in this case, the outdoor
Perris Hill Bowl with attendant dressing rooms and restroom
facilities, proper stage lighting, sound, a tuned, upright piano,
chairs and backdrop for the performance.
I
programs ,
(b) Assume responsibility for tickets, house
cleaning, security, ushers, ticket takers, handbill and poster
local imprinting, bill posing, advertising in local news media
and all other necessary promotional expenses.
'I
4. Payment. City agrees to pay Producer fifty percent
(50%) of all net gate receipts within three (3) working days of
the engagement with no guarantee of audience attendance, provided
that the cost of providing security guards will be deducted from
such payment.
5. Term. The term of this agreement is for one (1) day,
June 15, 1979.
6. Hold Harmless. Producer hereby agrees to, and shall,
hold City, its elective and appointive boards, commissions,
officers, agents and employees harmless from any liability for
damage or claims for damage .for personal injury, including death,
as well as from claims for property damage and all. other claims
which may arise from Producer's or Artist's services, whether
such services be by Artist or by anyone or more persons directly'
or indirectly employed by or acting as agent for Artist. Producer
agrees to and shall defend City and its elective and appointive
boards, commissions, officers, agents and employees from any
suits or actions at law or in equity for damages caused, or
-2-
~-'~~
.
,
.
!
.;
1 alleged to have been caused, by reason of any of the aforesaid
2 services.
3
7. Insurance. Producer agrees to procure and maintain in
4 force during the term of this agreement, at its expense, public
5
liability insurance in companies and through brokers approved by
City, adequate to protect against liability for damage claims
,
6
7 through public use of or arising out of accidents occurring in
8 or around the location of the performance of the concert, in a
9 minimum amount of $100,000 for each person injured, $300,600 for
10 any one accident, and $25,000 for property damage. Such insurance
1] policies shall provide coverage for City's contingent liability
- j
12 on such claims or losses. City shall be named as an additional
13 . 'insured. A certificate of insurance shall be delivered to City..,
14
8. Weather. In case of rain or other inclement weather,
15 City accepts no responsibility for continuing performance; however
16 City agrees to reschedule said performance on another date, if
17 possible.
18
9. Termination. Should Producer or Artist fail to comply
19 with any term, condition or provision of this agreement, City may
20 terminate this agreement by giving five (5) days written notice
2] to Producer. Upon such termination, City shall be under no
22 further obligation to Producer.
23
10. Notices. All notices herein required shall be in
24 writing and delivered in person or sent by first class mail,
25 postage prepaid, addressed as follows:
26
27
28
~F~'1 f,eof)()crWI.J5
~ 77 y.! :r f/-C):.Sd/IJ ':,./ .
SAJJ f(fft/llCASCs. (/I'lfllS-
-3-
, "
.
,
.
. .
.
.o:.~' ;"z"
c....._.,
. "" "-.-;>,
City of San Bernardino
Parks & Recreation Dept.
300 North "D" Street
San Bernardino, CA 92418
Stephen Baffrey Productions
2774 Jackson Street
San Francisco, CA 94115
1
2
3
IN WITNESS WHEREOF, the parties hereto have executed this
4
agreement on the date first hereinabove written.
5
6 ATTEST:
: ,I ~(44b
I
I
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF
STEPHEN BAFFREY PRODUCTIONS ,
~*~-
Title ~
By
Title
-4-
~ '.~',