City of Culver City, California
Agenda Item Report
Meeting Date: 02/01/10 Item Number: A-1
REDEVELOPMENT AGENCY BOARD AGENDA ITEM: Approval of a Professional
Services Agreement with Gary Mandell to Provide Producer Services for the 2010
Culver City Music Festival.
Contact Person/Dept.: Susan Obrow
Community Development Department
Phone Number: (310)253-5762
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [X] No [] Date: 12/08/09
Public Notification: (E-Mail) Meetings and Agendas – Redevelopment Agency (01/27/10);
Gary Mandell (01/19/10); Cultural Affairs Commission (01/19/10); Culver City Disability
Advisory Committee (1/19/10); Center Theatre Group (01/19/10); Downtown Business
Association (01/19/10); Chamber of Commerce (01/19/10); Subscribers of Ongoing
Topics, Cultural Affairs Commission, Cultural Events (01/19/10)
Department Approval:
Sol Blumenfeld (01/22/10)
Agency General Counsel Approval:
Murray Kane (01/22/10)
Chief Financial Officer Approval:
Mark Scott (by N. Kimball) (01/27/10)
Executive Director Approval:
Mark Scott (01/27/10)
RECOMMENDATION:
Staff recommends that the Culver City Redevelopment Agency Board (“The Board”)
approve a Professional Services Agreement with Gary Mandell to provide producer
services for the 2010 Culver City Music Festival (“Festival”).
BACKGROUND:
Concert Series Objectives
The Redevelopment Agency has identified the following objectives/priorities for the
Culver City Music Festival:
1. Act as an economic catalyst;
2. Increase the City’s exposure and notoriety in print, radio and television
advertising;
3. Increase the number of residents and non-residents that patronize Culver City
businesses;
4. Make residents and non-residents aware of Culver City’s renaissance as a
destination for dining, shopping, and cultural events; and,
5. Increase resident and non-resident awareness of musical genres by
contracting with a wide variety of artists of the highest caliber.
City of Culver City, California
Agenda Item Report
The annual Festival is presented in the City Hall Courtyard (“Courtyard”). Current
planning includes presenting the Festival in that location until the new expanded Town
Plaza opens.
Mr. Mandell’s producer responsibilities include marketing, production and house
management of the Festival. The Cultural Affairs Commission (“CAC”), through its
Festivals and Events Subcommittee, reviews policy and administrative issues for the
concert series and offers recommendations to the Board. Further, the Festivals and
Events Subcommittee has the opportunity to suggest musical styles and genres for
the series; however, Mr. Mandell is responsible for selecting the individual musical
artists. Staff responsibilities include production management of the venue and
administration of the annual business sponsorship campaign for the Festival.
DISCUSSION:
Mr. Mandell presented an eclectic program in 2009, including return engagements
from several performers, and fulfilled his contractual duties. The performances were
well attended. The Board approved an allocation of $10,000 of the producer’s budget
to be earmarked for marketing in 2009. The marketing campaign targeted potential
audience members beyond the City of Culver City and strived to include electronic
promotion of the Festival. The producer’s marketing campaign included concert
flyers/programs, ads, an e-flyer, press releases and a cable television spot. Staff
provided additional media contacts to the producer to expand the marketing for the
Festival.
2009 Survey Results
Staff offered a survey during the series with the following results:
• The majority of the patrons were in the 41-55 age range
• Patrons represented approximately 40 zip codes
• Patrons are interested in a variety of musical styles and genres
• Few patrons are dining in Downtown Culver City restaurants on concert
nights
Staff will be meeting with the producer and the Downtown Business Association in an
effort to improve the Festival’s impact on the Downtown economy.
Proposed 2010 Festival Dates and Budget
The Festival has been held on Thursday nights, in July and August, in recent years.
The proposed eight dates for the 2010 Festival are as followed (all times between 7:00
PM and 9:15 PM):
City of Culver City, California
Agenda Item Report
• July 8, 2010
• July 15, 2010
• July 22, 2010
• July 29, 2010
• August 5, 2010
• August 12, 2010
• August 19, 2010
• August 26, 2010
In 2009, the Board approved a budget of $75,000 for the 2010 Festival. Staff
recommends that Mr. Mandell be awarded $55,000 for the artists, marketing,
production and audience management services associated with the Festival. The
$55,000 includes a specific allocation of $10,000 for marketing.
Staff will apply the remaining $20,000 to production management of the venue
including approximately $15,000 for janitorial and maintenance services as well as
funding for signage and improvement of seating, lighting and other related venue
expenses. Additionally, staff will implement the annual business sponsorship
campaign for the Festival which generates funds to further enhance the audience
experience in City Hall Courtyard. The passive, limited time campaign includes
promoting the sponsorship opportunities on the City website, in a press release and
through flyer distribution to the business community. Sponsors receive marketing
benefits from the Festival as a result of their participation. There has been a decline in
marketing sponsorship for this program over the last two years.
2010 Cultural Affairs Commission (“CAC”) Recommendations
During the 2009 series, the CAC’s Festivals and Events Subcommittee reviewed
policy, administrative, production and artistic issues related to the program and
presented recommendations for the 2010 Festival before the full CAC on December 8,
2009. The recommendations were unanimously approved and are attached. In
summary, the CAC recommendations relate to venue issues such as decorum and
seating policies, including the recommendation for staff to initiate a discussion with the
City’s Disability Advisory Committee regarding wheelchair locations, as well as
recommendations regarding the producer’s responsibilities of effective marketing,
high-caliber programming, and experienced house management staffing. The CAC
recommends that the Board consider the booking of diverse and lively musical groups,
including many that have not played the Festival before, as a means of generating
more publicity and attracting new and younger audiences to Culver City. Further, the
CAC recommends that only one musical group be booked per concert rather than two
in an effort to attract distinctive artists with the higher performance fee. The producer
will review these and other general programming ideas with the CAC’s Festivals and
Events Subcommittee subsequent to signing the 2010 contracts and prior to booking
the musical artists. City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
The total Board adopted amount for the Culver City Music Festival in FY 2009-10
(which is used to fund the 2010 CCMF) is $75,000. The funds have been appropriated
in the Culver City Music Festival Program account (55094410). The Festival Producer
will receive $55,000 to execute the agreed upon responsibilities of the position. Staff
will apply the remainder of $20,000 to execute its responsibilities to the Festival. Any
sponsorship money will augment the Agency’s funding.
ATTACHMENTS:
1. 2009 Culver City Music Festival Program/Flyer
2. 2009 Culver City Music Festival Courtesy Rules
3. CAC recommendations
4. 2010 Agreements with Gary Mandell for Producer Services
5. 2009 Producer Expense Reports
MOTION:
That the Culver City Redevelopment Agency Board:
1. Approve the recommendations for the 2010 Culver City Music Festival as
presented by the Cultural Affairs Commission and as summarized in the staff
report; and,
2. Approve a Professional Services Agreement with Mr. Gary Mandell for services
as Producer for the 2010 Culver City Music Festival in an amount not to exceed
$55,000; and,
3. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
4. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: February 1, 2010
AGENDA ITEM: Approval of a Professional Services Agreement with
Gary Mandell to provide Producer services for the 2010
Culver City Music Festival.
ATTACHMENTS
Pages
1. 2009 Culver City Music Festival Program/Flyer 1-4
2. 2009 Culver City Music Festival Courtesy Rules 5
3. CAC recommendations 6-8
4. 2010 Agreements with Gary Mandell for Producer 9-21
Services
5. 2009 Producer Expense Reports 22-23
ATTACHMENT 1
1234ATTACHMENT 2
52010 CULVER CITY MUSIC FESTIVAL
CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS
CULVER CITY REDEVELOPMENT AGENCY TASKS
VENUE/SPONSORSHIP
• Change of Performance Day
o Postpone evaluation until closer to Town Plaza relocation
• Festival Admission
o Continue to offer free admission
Free admission contributes to the success of the Festival
Too many other paid cultural and entertainment activities
in Downtown available
Too many entrances to City Hall Courtyard to monitor
which would increase Agency staffing costs
• Reserved Seating
o Continue current measures
One person may save one additional seat
Reserved seats must be attended at all times
Seats may not be saved within 10 minutes of
performance
o Publicize seating policies in program, releases and on website
o Add more signage
o Restrict entrance to City Hall Courtyard until 4:30pm
System currently in place for Made in Culver City
Set-up too hazardous for early patron arrivals
• Free Speech Accommodation
o No recommendation for adjustment at this time
o Continue to monitor issue with City Attorney’s Office
• Use of Alcohol
o No recommendation for adjustment at this time
• Decorum
o Expand posting and publicizing of Festival Courtesy Rules
Post signage outside Courtyard
Post Festival Courtesy Rules in printed program/flyer
Distribute press release on decorum
o Prohibit tables on the grass
o Add clarifying language to signage regarding service animals
o Require all dogs to be on leashes
o Add clarifying language to signage regarding unattended
children
ATTACHMENT 3
6
• Audience Amenities
o Explore possibility of adding bike racks to venue
o Review wheel chair locations with the City’s Disability Advisory
Committee during the 2010 Festival
o Continue to review Culver CityBus schedule in Downtown
• Partnerships
o Encourage more partnership with the Downtown Business
Association
o Explore possibility of bike rack sponsorship
FESTIVAL PRODUCER TASKS
MARKETING/PRODUCTION/HOUSE MANAGEMENT
• Marketing
o Continue to present timeline of marketing tasks to Agency staff
o Continue electronic marketing
o Develop and distribute targeted press releases for each
performance
o Provide careful attention to the crafting, editing and proofing of
biographies for program/flyer
o Develop more readable program/flyer
o Print Festival Courtesy Rules on program/flyers
• Programming
o Continue presentation of a variety of musical styles and genres
o Presentation of lively, energetic musical groups
o Presentation of music, including more world music, directly
appealing to the 18-40 age range
o Book performers who have not yet played the Festival to attract
new audiences to Culver City in 2010
o Book only one musical group, of high caliber, per concert
evening to attract more publicity and satisfy those attending only
first set
• House Management
o Engage experienced House Management staff
Producer Staff responsible for audience safety
Agency staff not responsible for actively supervising
performance
o Responsible for Lost and Found items from time of Producer
and/or House Staff arrival to time of departure by Producer
and/or House Staff
Lost and Found items to be logged by Producer
7 Agency staff accepts items upon departure by
Producer Staff
• Opening Remarks
o Shorter Producer remarks at beginning of concerts to capitalize
on audience energy
o Start performances earlier
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Page 1
CULVER CITY REDEVELOPMENT AGENCY
&
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH: Gary Mandell
FOR: 2010 Culver City Music Festival - Producer Services
THIS AGREEMENT is made and entered into by and among THE CITY OF
CULVER CITY, a municipal corporation hereinafter referred to as “City”, THE
CULVER CITY REDEVELOPMENT AGENCY, a public body, corporate and
politic, existing under and pursuant to the laws of the State of California,
hereinafter referred to as "Agency," and GARY MANDELL (of Boulevard Music
Productions), hereinafter referred to as the Music Festival Producer ("Producer").
1. PRODUCER’S SERVICES. Producer agrees to perform during the term
of this Agreement, the tasks, obligations, and services set forth in the
"Scope of Service" attached to and incorporated into this Agreement as
Exhibit "A."
2. TERM OF AGREEMENT. The term of this Agreement shall be from the
effective date pursuant to Paragraph 27 of this Agreement and shall end
on the earlier of:
a. September 30, 2010;
b. Termination, pursuant to Section 22;
c. Exhaustion of approved compensation, pursuant to Exhibit B;
d. Or as otherwise modified, pursuant to Section 19.
3. PAYMENT FOR SERVICES. Agency shall pay for the services performed
by Producer pursuant to the terms of this Agreement, the compensation
set forth in the "Schedule of Compensation" attached to and incorporated
into this Agreement as Exhibit "B." The compensation shall be paid at the
time and manner set forth in said Exhibit "B."
4. TIME FOR PERFORMANCE. Producer shall not perform any work under
this Agreement until (a) Producer furnishes proof of insurance as required
under Paragraph 7 of this Agreement; and (b) Agency gives Producer a
written and signed Notice to Proceed. All services required by Producer
under this Agreement shall be completed on or before the end of the term
of the Agreement.
5. DESIGNATED REPRESENTATIVE(S). Gary Mandell shall be the
designated Producer, and shall be responsible for job performance, which
includes negotiating and contracting with musical artists, production
management and house management, as well as developing and
ATTACHMENT 4
9
Page 2
implementing the marketing plan for the 2010 Culver City Music Festival.
The Producer shall be responsible for coordinating with City Staff
throughout the concert season. Producer’s work shall not adversely
impact Agency planning or scheduling and staffing for the series. Should
the Producer conclude concerts after the agreed upon time, any resulting
overtime costs for City staff or other City contractors will be at the
Producer’s expense and deducted from any amount of compensation
owed to Producer under this Agreement. Overtime costs shall be
computed at an hourly rate, or fraction thereof, not to exceed $130.00 per
hour. Producer's professional services shall be actually performed by, or
shall be immediately supervised by, the Producer Representative.
6. HOLD HARMLESS. Producer shall be responsible for any and all injuries
to or death of any person, and for any and all damage to any and all real
or personal property including City’s, Agency's or others, caused by or
resulting from any acts, errors or omission of Producer, its employees or
its agents arising out of or connected with rendition of services hereunder.
Producer shall defend, hold harmless and indemnify City, Agency and
each of their officers and employees from any and all liability claims,
including costs, for damages to real or personal property, or personal
injury or death, resulting from Producer's, its employees or agent's acts,
errors or omissions arising out of or connected with rendition of services
hereunder.
7. INSURANCE. Without limiting its obligations pursuant to Section 6 of this
Agreement, the Consultant shall procure and maintain, at Consultant’s
own cost and expense and for the duration of this Agreement, insurance
coverage as set forth in "Insurance Requirements" attached to and
incorporated into this Agreement as Exhibit "C.”
8. MUSIC FESTIVAL PRODUCER STATUS. City, Agency and Producer
agree that Producer, in performing the services herein specified, shall act
as the Music Festival Producer and shall have control of all work and the
manner in which it is performed. Producer shall be free to contract for
similar service to be performed for other employers while under contract
with City and Agency. Producer is not an agent or employee of City or
Agency, and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits City or Agency provides for its employees.
Producer shall be responsible to pay and hold City and Agency harmless
from any and all payroll and other taxes and interest thereon and penalties
therefore which may become due as a result of services performed
hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment due and payable to
Producer for current services is within the current budget and within an
available, unexhausted and unencumbered appropriation of Agency. In
the event Agency has not appropriated sufficient funds for payment of
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Page 3
Producer services beyond the current fiscal year, this Agreement shall
cover only those costs incurred up to the conclusion of the current fiscal
year.
10. ASSIGNMENT. This Agreement is for the specific services with Producer
as set forth herein. Any attempt by Producer to assign the benefits or
burdens of this Agreement without written approval of City and Agency
shall be prohibited and shall be null and void; except that Producer may
assign payments due under this Agreement to a financial institution.
11. RECORDS AND INSPECTIONS. Producer shall maintain full and
accurate financial records with respect to all services and matters covered
under this Agreement. Agency shall have free access at all reasonable
times to such records, and the right to examine and audit the same and to
make transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Producer shall prepare and submit expense
report for the 2010 Culver City Music Festival, detailing expenses by
category, after the conclusion of the concert series.
12. OWNERSHIP OF PRODUCER’S WORK PRODUCT. City and Agency
shall be the owner of any and all computations, plans, correspondence
and/or other pertinent data, information, documents and computer media,
including disks and other materials gathered or prepared by Producer in
performance of this Agreement, or at any earlier or later time when the
same may be requested by City or Agency. Such work product shall be
transmitted to City or Agency within ten (10) days after a written request
therefore. Producer may retain copies of such products. All written
documents that are intended for public review shall be provided to City
and Agency in a format suitable for posting on the Internet.
13. NOTICES. All notices given or required to be given pursuant to this
Agreement shall be in writing and may be given by personal delivery or by
mail. Notice sent by mail shall be addressed as follows:
To City &Agency: Culver City Redevelopment Agency
Attention: Sol Blumenfeld
9770 Culver Boulevard
Culver City, California 90232-0507
To Producer: Gary Mandell, Boulevard Music
Productions
4316 Sepulveda Blvd.
Culver City, CA 90230
14. TAXPAYER IDENTIFICATION NUMBER. Producer shall provide City and
Agency with a complete Request for Taxpayer Identification Number and
Certification, Form W-9, as issued by the Internal Revenue Service.
11
Page 4
15. PERMITS AND LICENSES. Producer, at its sole expense, shall obtain
and maintain during the term of this Agreement, all appropriate permits,
licenses, and certificates that may be required in connection with the
performance of services under this Agreement including, but not limited to,
a Culver City business tax certificate.
16. APPLICABLE LAWS, CODES AND REGULATIONS. Producer shall
perform all work in accordance with all applicable laws, codes and
regulations required by all authorities having jurisdiction over such work.
Producer agrees to comply with prevailing wage requirements as specified
in the California Labor Code, Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY.
For work performed, Producer agrees to seek bids for supplies and
materials from businesses located within the City of Culver City, with the
intent to make purchases from these businesses if such purchases can be
made at competitive prices.
18. RIGHT TO UTILIZE OTHERS. City and Agency reserves the right to
utilize others to perform work similar to the services provided hereunder.
19. MODIFICATION OF AGREEMENT. This Agreement may not be
modified, nor may any of the terms, provisions or conditions be modified
or waived or otherwise affected, except by a written amendment signed by
all parties hereto.
20. WAIVER. If at any time one party shall waive any term, provision or
condition of this Agreement, either before or after any breach thereof, then
no party shall thereafter be deemed to have consented to any future
failure of full performance hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Producer shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. Agency or City may terminate this Agreement at
any time, with or without cause, in either or both of their sole discretion,
with ten-days’ (10-days’) written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 22
of this Agreement, Agency shall be liable to Producer only for work
performed by Producer up to and including the date of termination of this
Agreement, unless the termination is for cause, in which event Producer
need be compensated only to the extent required by law. Producer shall
be entitled to payment for work satisfactorily completed to date, but in no
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Page 5
event more than the fees set forth in Exhibit "B" attached hereto. Such
payment will be subject to Agency's receipt of a close-out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted
according to the laws of the State of California. If litigation arises out of
this agreement, then venue shall be in the Superior Court of Los Angeles
County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the
performance thereof, then the court shall award costs and expenses,
including attorney's fees, to the prevailing party. In awarding attorney's
fees, the court shall not be bound by any court fee schedule but shall
award the full amount of costs, expenses and attorney's fees paid or
incurred in good faith.
26. INTEGRATED AGREEMENT, This Agreement represents the entire
Agreement between City, Agency and Producer for the Producer’s
Services hereinunder, and all preliminary negotiations and agreements are
deemed a part of this Agreement. No verbal agreement or implied
covenant shall be held to vary the provisions of this Agreement. This
Agreement shall bind and inure to the benefit of the parties to this
Agreement, and any subsequent successors and assigns.
27. EFFECTIVE DATE. The effective date of this Agreement is the date it is
signed on behalf of Agency, and shall remain in full force and effect until
amended or terminated; provided, that the indemnification and hold
harmless provisions shall service the termination.
GARY MANDELL
_______________ _______________
Gary Mandell Date
Producer
CULVER CITY REDEVELOPMENT AGENCY
By:___________________________ ________________
Mark Scott Date
Executive Director
(Signatures continued on page 6)
13
Page 6
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
__________________________
Agency General Counsel
CITY OF CULVER CITY
By:____________________________ ________________
Mark Scott Date
City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
_____________________ ________________
Sol Blumenfeld Carol Schwab
Community Development Director City Attorney
APPROVED AS TO FINANCING: APPROVED AS TO BUSINESS
TAX CERTIFICATE:
_____________________
Chief Financial Officer Treasury Division
Acct. No.
14Contract # 2010-012
Page 7
EXHIBIT A
CITY OF CULVER CITY
&
CULVER CITY REDEVELOPMENT AGENCY
WITH: Gary Mandell
FOR: 2010 Culver City Music Festival – Producer Services
SCOPE OF SERVICE
The Producer shall be responsible for all artist management, production
management and house management as well as marketing for eight (8)
Thursday evening concerts, collectively called the 2010 Culver City Music
Festival, which will take place in The Courtyard at the Culver City City Hall
located at 9770 Culver Blvd., Culver City, California, on the following
performance dates and times:
July 8, 2010, from 7:00pm – 9:15pm
July 15, 2010, from 7:00pm – 9:15pm
July 22, 2010 , from 7:00pm – 9:15pm
July 29, 2010, from 7:00pm – 9:15pm
August 5, 2010, from 7:00pm – 9:15pm
August 12, 2010, from 7:00pm – 9:15pm
August 19, 2010, from 7:00pm – 9:15pm
August 26, 2010, from 7:00pm – 9:15pm
Producer’s services for the concert series will include the following:
1. ARTIST MANAGEMENT. Producer shall secure one musical artist
or group per concert date. Musical styles and genres shall be
reviewed with the Cultural Affairs staff and the Cultural Affairs
Commission’s Festivals and Events Subcommittee, prior to booking
musical artists. Producer shall be responsible for the final selection
of musical styles, genres and artists. Producer shall screen talent,
negotiate with and secure musical artists for the 2010 concert
series, by April 30, 2010. Subsequently, Producer will present the
Culver City Redevelopment Agency Administrator with the program
of musical artists, who, in turn, will forward the information to the
Festivals and Events Subcommittee. Producer shall negotiate and
implement contracts with musical artists as appropriate based on
common business practices and budget allocations. Producer shall
manage musical artists exclusively. Producer is responsible for
maintaining a clean and orderly hospitality area in the Patacchia
15
Page 8
Overflow Room and adjoining kitchen. Producers, Artists and
Production Staff are not permitted in the Patacchia Room.
2. PRODUCTION MANAGEMENT. Producer is responsible for
production management including the supervision and oversight of
the technical direction of the audio vendor, installation of any
additional lighting equipment, and stage management of sound
checks, rehearsals and performances. Producer is responsible for
loading in his own equipment for the concerts. Producer is required
to alert staff at least forty-eight (48) hours in advance for deliveries
and special parking needs. Producer is responsible for selecting
pre-recorded music to be played before and after the
performances, as well as during the breaks. Producer understands
that City and Agency announcements and information may be
required.
3. HOUSE MANAGEMENT. Producer is responsible for house
management including the supervision of experienced house
management staff and oversight of the audience seating
arrangements as well as policies and protection of the Culver City
City Hall Courtyard aisle ways designated for the 2010 Culver City
Music Festival, protection of City Hall courtyard art and fountains
and adherence to all polices regarding the use of City Hall grounds.
Producer is responsible for Lost and Found items from the time of
Producer’s arrival to the time of Producer’s departure. Producer will
attend a meeting to review specific policies and procedures
regarding house management duties with the City’s Staff prior to
the first performance of the season. Producer will provide a
minimum of at least one (1) uniformed security officer on ground
level from one (1) hour before show time until conclusion of each
performance. Producer is responsible for maintaining the agreed
upon start and end time as well as for maintaining a fifteen minute
intermission so as not to incur overtime costs for Agency staff or
contractors.
4. MARKETING. Producer is responsible for developing and
implementing a marketing campaign for the 2010 Culver City Music
Festival which will include, but is not limited to press releases,
electronic promotion and print advertisements, flyers, and the event
program. Producer shall develop and distribute targeted press
releases for each concert performance. Producer shall be
responsible for expending the full amount of the $10,000, which
shall include payment for graphic design services, publicity
services, and staff to implement the campaign. Producer may retain
up to $1,500 of the marketing budget for performances of such
services. Producer shall meet with Agency staff to review Agency
media list and marketing requests prior to submitting proposed
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plan. Producer shall present the proposed marketing plan,
timeline and budget to the Culver City Redevelopment Agency’s
Administrator for review and comment prior to implementing the
campaign. Producer shall prepare legible and accurate promotional
materials. Producer shall include Festival sponsorship names and
logos as well as Festival Courtesy Rules in all applicable materials.
It is agreed that Boulevard Music will be listed as a sponsor in the
official program and that Producer’s name and Boulevard Music will
be listed in all promotional material and advertising. Producer is
required to use the Cultural Affairs hotline phone number and the
City’s website address in promotional material and to respond to all
telephone messages received through the hotline and all emails
received through the City’s Festival email address in a timely
manner.
City will provide the following services:
1. City Staff or contracted designee will be responsible for the
setting up of the stage, lighting, seating, tables, Courtyard aisle
ways, taping and signage for each performance. Additionally,
the City’s contracted maintenance company shall be available at
each concert providing janitorial maintenance during and after
the performance.
2 City Staff will be on site at City Hall during each performance to
manage any emergency issues that may arise related to the event.
Exhibit A approved:
______________________ ____________________
Gary Mandell Date
Producer
__________________________ ____________________
Sol Blumenfeld Date
Community Development Director
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EXHIBIT B
CULVER CITY REDEVELOPMENT AGENCY
&
CITY OF CULVER CITY
AGREEMENT WITH: Gary Mandell
FOR: 2010 Culver City Music Festival – Producer Services
SCHEDULE OF COMPENSATION
(Fixed Cost Basis)
1. AMOUNT OF COMPENSATION.
Agency shall pay Producer a lump sum amount of Fifty Five Thousand
Dollars ($55,000) (“Compensation”) as full consideration for Producer’s
performance and furnishment of work, services, and/or materials
necessary to complete Producer’s services described in Exhibit A,
including (1) Forty Five Thousand Dollars ($45,000) for producer fee, artist
fees and hospitality costs, sound and production costs, house
management and security costs; and (2) Ten Thousand Dollars ($10,000)
for marketing costs which shall include graphic arts services, press
releases, electronic promotion and print advertisements, flyers, and the
event program.
The above amount shall include all out-of-pocket expenses incurred by
Producer in the performance of such services.
2. BILLING. On or before the effective date of this Agreement, Producer
shall submit an invoice to the Agency at the following address:
Culver City Redevelopment Agency
Attn: Sol Blumenfeld
9770 Culver Boulevard.
Culver City, California 90232-050
3. METHOD OF PAYMENT.
Agency shall pay Producer the Compensation, as follows: Twenty Thousand
Dollars ($20,000.00) no later than twenty-one (21) days after this Agreement
has been signed by all parties. Provided services have been satisfactorily
performed, as reasonably determined by Redevelopment Agency’s Assistant
Executive Director, Agency shall pay an additional Twenty Thousand Dollars
($20,000.00) no later than July 8, 2010 and the final balance of Fifteen
Thousand Dollars ($15,000.00) no later than August 26, 2010.
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Page 11
Exhibit B approved:
___________________________ _______________________
Gary Mandell Date
Producer
__________________________ _______________________
Sol Blumenfeld Date
Community Development Director
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Page 12
EXHIBIT C
CULVER CITY REDEVELOPMENT AGENCY
&
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH: Gary Mandell
FOR: 2010 Culver City Music Festival - Producer Services
INSURANCE REQUIREMENTS
A. Policy Requirements.
Consultant shall submit duly executed certificates of insurance for the
following:
1. An occurrence based Comprehensive General Liability ("CGL")
policy, at least as broad as ISO Form CG 0001, in the minimum amount of
One Million Dollars ($1,000,000) each occurrence, with not less than Two
Million Dollars ($2,000,000) in annual aggregate coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for personal injury, bodily
injury, death, accident and property damage and advertising
injury, as those terms are understood in the context of a CGL
policy. The coverage shall not be excess or contributing with
respect to City's self-insurance or any pooled risk
arrangements;
b. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law.
Consultant's obligation to indemnify the Indemnitees as
required under Paragraph 6 of this agreement;
c. The Policy shall not exclude coverage for Completed
Operations Hazards or Athletic or Sports Participants; and
d. The Culver City Redevelopment Agency, The City of
Culver City, members of its City Council, its boards
and commissions, officers, agents, and employees will
be named as an additional insured in an endorsement to
the policy, which shall be provided to the City and
approved by the City Attorney.
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2. Automobile Liability in the amount of $500,000/$500,000.
3. RESERVED.
4. Workers' Compensation limits as required by the Labor Code of the
State of California with Employers' Liability limits of One Million Dollars
($1,000,000.00) per accident, if the Agreement will have Consultant
employees working within the City limits.
B. Waiver by City.
City may waive one or more of the coverages listed in Section A,
above. This waiver must be express and in writing, and will only be made
upon a showing by the Consultant that its operations in and with respect to
City are not such as to impose liability within the scope of that particular
coverage.
C. Additional Insurance Requirements.
1. All insurance listed in Paragraph A shall be issued by companies licensed
to do business in the State of California, with a claims paying ability rating of
"BBB" or better by S&P (and the equivalent by any other Rating Agency) and a
rating of A:VII or better in the current Best's Insurance Reports;
2. Consultant shall provide City with at least thirty (30) days prior written
notice of any modification, reduction or cancellation of any of the Policies
required in Paragraph A, or a minimum of ten (10) days notice for
cancellation due to non-payment.
3. City may increase the scope or dollar amount of coverage required
under any of the policies described above, or may require different or
additional coverages, upon prior written notice Consultant.
21CO. CHECK # AMOUNT SERVICE
TECHNOLOGY ARTISTS 12405 5625 SOUND
RICARDO LEMVO 12406 2000 CONCERT
LA DOLCE VITA 12407 60 FOOD
LA DOLCE VITA 12422 62 FOOD
YOUNG DUBLINERS 12423 3000 CONCERT
LA DOLCE VITA 12452 43.5 FOOD
KATIA MORAES 12453 2000 CONCERT
LA DOLCE VITA 12470 60 FOOD
TECHNOLOGY ARTISTS 12493 5625 SOUND
JOHN JORGENSON 12494 2800 CONCERT
LA DOLCE VITA 12495 60 FOOD
BLUE BREEZE BAND 12514 1250 CONCERT
BONEDADDYS 12515 1500 CONCERT
LA DOLCE VITA 12516 90 FOOD
CEDRIC WATSON 12543 2500 CONCERT
LA DOLCE VITA 12544 60 FOOD
LA DOLCE VITA 12560 90 FOOD
COW BOP 12562 1000 CONCERT
FOLK COLLECTION 12585 1000 CONCERT
LA DOLCE VITA 12594 60 FOOD
ZACK MANDELL 12595 21 SUPPLIES
SURF CITY ALLSTARS 12596 2500 CONCERT
BARBARA MORRISON 12469 2300 CONCERT
CA PANTHER SECURITY 0 652.5 SECURITY
MAX MAYO 0 776 STAFF
ZACK MANDELL 0 776 STAFF
TRADER JOES CR CRD 0 160.78 FOOD
TOTAL CONC EXPENSE 36071.78
ATTACHMENT 5
Production Expense Report Submitted by Gary Mandell
22CO. CHECK # AMOUNT SERVICE
TIME WARNER 12293 1600 TV SPOTS
PARKS & REC 12323 600 CC LIVING
CC CHAMBER 12327 75 CHAMBER PAK
FLOWTOWN 12348 400 TV SPOT
TOM PRAGER 12336 1500 DESIGN
MR PRINTER 12335 1800 FLYER PRINTING
CC OBSERVER 12364 635 PRINT AD
LA TIMES 12546 627 PRINT AD
BOB KINSEY 12587 100 RECORDING
MIKE MEYER 12420 50 RECORDING
ZACK MANDELL 0 500 EMAIL/PRESS REL.
CC NEWS 12402 730 PRINT AD
GARY MANDELL 0 1500 SUPERVISON
TOTAL 10117
Marketing Expense Report Submitted by Gary Mandell
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