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HomeMy WebLinkAboutItem 4.09 CitySongRecordAgmt (2) #. CITY CLERK File # [g~~~-~~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: OCTOBER 15, 1996 SUBJECT: .~ Recording Agreement for Production of the Official City Song Report Prepared by: Steve Honse, Administrative Assistant EXHffiITS ATTACHED: 1. Recording Agreement RECOMMENDATION: Q'JJ Authorize Mayor to execute the Agreement FINANCIAL STATEMENT: The project is estimated to cost $5,000. Adequate funding exists in the approved Fiscal Year 1996-97 budget. DESCRIPTION: In early 1993, a contest was held in order to select an official City Song. The City Council selected Steve Stewart's "Dublin Town" as the winner. On April 9, 1996, in response to a request from Mr. Stewart, the City Council expressed an interest in funding the professional production of the City Song. The Council directed Staff to include the production of the City Song as a Higher Service Level option in the proposed .FY 1996-97 budget. On June 27, 1996, the City Council approved $5,000 in funding for the project as art of the 1996-97 Budget.. Mr. Stewart has submitted a budget (attached as Exhibit "B" of the Agreement) in which he proposes to produce the song for approximately $5,000. According to the proposal, Mr. Stewart will offer his services as a producer and performer at no cost to the City. The bulk of the funding is required to obtain the following: services of professional musicians; use of a recording studio; and 1 ,000 copies of the audio cassette. Once the song has been recorded, the City will also retain the master copy of the recording and have the right to record additional copies. Per the terms of the proposed Agreement, Mr. Stewart will submit periodic requests for payment to the City. The requests will be accompanied by vendor documentation identifying the amount owed. In those cases where a service provider requires immediate payment following the rendition of services, such as with professional musicians, the City will advance that amount to Mr. Stewart, who will provide a detailed accounting of how those funds were expended. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute the Recording Agreement between the City and Steve King Stewart to produce the official City Song at a cost not to exceed $5,000. .------------------------------------------------------------------ . . COPIES TO: Steve Stewart ITEM NO. ~'1 .:Ii , \. RECORDING AGREEMENT .hiS Agreement is entered into between Steven King Stewart (CONTRACTOR) and the City of Dublin (CITY), a California Municipal Corporation . . RECITALS The Dublin City Council has authorized CONTRACTOR to record the official City song entitled "Dublin Town." CONTRACTOR has agreed to undertake such a recording under the terms set forth below. Now, therefore, the parties agree as follows: 1. Scope of Services: CONTRACTOR shall complete the following work in the designated stages: a. Phase I: 1 ) Book studio dates 2) Hire musicians 3) Complete arrangement and lead sheet 4) Purchase tapes 5) Record basic tracks (keyboard, bass, drums and guitar) b. Phase 2: 1) Complete studio overdubs (recording additional musicians) 2) Complete final mixdown in studio 3) Complete mastering 4) Design and print cassette liners 5) Complete any photography that is necessary 6) Duplicate and package 1,000 cassette tapes (cassette will feature the complete work on side A, and side B will contain the identical version of side A minus the vocal line) 7) Deliver 1,000 cassette tapes, as described in Phase 2 - #6 above, plus one original master tape. 2: Ownershio: CITY shall own 1,000 duplicated and packaged cassette tapes. CITY shall also own the original master tape for reproduction of cassettes for any purpose that CITY deems appropriate. CONTRACTOR shall retain all rights under the Copyright Act of 1976 and all other rights in and to "Dublin Town" except as such rights are limited by this paragraph. "Dublin Town" shall be copyrighted in the name of CONTRACTOR. CONTRACTOR shall grant to CITY and their assigns an irrevocable right and license to make reproductions of "Dublin Town" for any purpose, including, but not limited to: (I) use in advertising, brochures, media publicity or other similar publications; (ii) use in promotional materials; (Hi) reproductions for use in fund raising activities; (iiii) public performances of "Dublin Town". Indeoendent Contractor: CONTRACTOR is and shall perform its services under this Agreement as an independent contractor. CONTRACTOR is employed to render professional . , -" recording services only, and any payments made by CITY are compensation solely for such services rendered. . 4. Payment: Total payments under this Agreement shall not exceed $5,000. Progress payments may be submitted by CONTRACTOR to CITY. Requests for payments shall include vendor documentation identifying the amount owed. An itemized breakdown of estimated project costs is attached as Exhibit liB". Funds may be advanced in accordance with this section subject to submittal of documentation to CITY and subsequent invoices reconciling the amount expended. 5. Insurance: For the duration of this Agreement, CONTRACTOR shall procure and maintain insurance as described in Exhibit "A." 6. Assionment: Neither this Agreement, nor any rights or obligations hereunder, may be assigned or otherwise transferred by either party. Any attempt to so assign or transfer this Agreement or any rights or obligations hereunder without such consent shall be null and void and have no force or effect. 7. Governing Law: The validity, performance, and construction of this Agreement shall be governed by and interpreted by the laws of the State of California applicable to contracts made and to be performed therein. 8. Entire Agreement: The Agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communications, negotiations and agreements, whether oral or written, between the parties with respect to such subject matter and no addition to or modification or waiver of any provision . of this Agreement shall be binding on either party unless made in writing and executed by CONTRACTOR and a fully authorized agent of CITY. Executed as of the day first above stated: CITY OF DUBLIN A Municipal Corporation By "CITY" Attest: City Clerk By "CONTRACTOR" Approved as to form: City Attorney . . . . 'tIi .. _ _ EXHIBIT IIA INSURANCE REQUIREMENTS Contractor shall provide evidence of coverage for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contractor, his agents, representatives, or employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $300,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $300,000 per accident for bodily injury and property damage. Indemnification Contractor shall indemnify and hold harmless the City, its officers, officials, employees and agents from and against all claims, damages, losses, and expenses, including attorney fees, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the contractor, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City. ..... r . ~ ...- . EXHIBIT B Project "DUBLIN TOWN" Recording studio time 20 hours @ $75.00 per hour......$1500.00/ 24 track tape and accessories ........................$150.00 Music Charts ......................................... $250 .00 Musicians (8) @$150.00 per hour (4 hour session)......$1200.00, 1 000 cas set t e s ....................... -. . . . . . . . . . . . . . . . $ 1 2 55 . 00 -' Editing and mixing @ $25.00 per hour (8 hours)........$200.00 Printing and graphic design............................$379.00 . Total cost of production .............................$4934.00 PROJECT NOTE: There is no charge for my time and travel or for my performance on the final take, I will organize auditions and recording on location and will produce the entire project. .