Contract Review: Addendum A - Articles 1, 2, 3

5 months ago
CLOSED: This discussion has concluded.

For the final piece of the LARP Review, the Parks and Recreation Department is seeking community feedback on the main portions of the contract that all LAAP participants and PARD will sign. Addendum A (part 1) Article 1: Definitions, Article 2: Term, and Article 3: Approved Purpose of the contract is copied below. Comments must be submitted by Thursday, June 27, 2019.

You can all review a PDF of Addenda A, B, and C by clicking here.

Addendum A to Facility/PARK EVENT AGREEMENT

Latino Artist Access Program Agreement

This agreement relating to PARD’s Latino Artist Access Program (LAAP) is made this day of (Insert Date) between the City of Austin’s Parks and Recreation Department and (Insert Organization Name).

RECITALS

The purpose of the Latino Artist Access Program is to provide Latinx artists from all artistic disciplines access to space, access to community, and provide the community with access to Latinx arts. Each LAAP cohort is selected for a two-year term. Space can be used for rehearsals, performances, workshops, or to create small-scale works of art at the Emma S. Barrientos Mexican American Cultural Center.

ARTICLE 1: DEFINITIONS

  The following definitions are applicable to this addendum and all other addendums that follow.

1.01  “Approved Purpose” means the preparation and production of an art work for public presentation at a designated PARD facility and the offering of an arts education opportunity for the benefit of the public.

1.02  “Artists Roster” means a directory of artists associated with the Partner’s team members.

1.03  “Collaboration” means the direct participation of the Partner’s principal(s) in at least two aspects of the production of an artwork for public presentation such as writing, acting, dramaturgy, scenic design, choreography, musical arrangements, etc. of the proposed production, with roles defined in the LAAP application.

1.04  “House” means the areas that the audience occupies on the site during a performance.

1.05  “Load-out” means the scheduled time-period in which materials and equipment are removed from the site.

1.06  “PARD” means City of Austin Parks and Recreation Department.

1.07  “Partner” means an individual or organization participating in the Latino Artist Access Program of the Austin Parks and Recreation Department.

1.08  “Premises” means all structures and parkland associated with the City of Austin PARD facility.

1.09  “Presenting” means the contractual relationship of the Partner and a third-party artist or arts organization unassociated with the Latino Artist Access Program in which the Partner engages the third party to present an art work for performance or presentation in their stead

1.10  “Principal(s)” are the main artists that operate and participate in the arts organization as listed on their website, their grant applications or their 501c3 paperwork.

1.11  “Room” means any space on the Premises used for rehearsals, classes, and performances.

1.12  “Technical Request Form” is a document provided by PARD that describes the Partner’s technical requirements above and beyond the equipment and materials that come with the designated space for their performance and schedule for a given production. (Attachment A).

1.13  “Trip Hazards” means an item on the floor or in the vicinity of the floor that may cause a person to trip. This might include pipes, wires, garbage, props, costumes, etc.

1.14  “Donor” and “Sponsor” means a person or organization who is solicited by the Partner to provide funds or in-kind donations for the art product or the Partner’s operations.

ARTICLE 2

TERM

2.01   This agreement between (Insert Organization Name) and the City of Austin (City) will be effective (Insert Date). This agreement between (Insert Organization Name) and the City of Austin will expire after on (Insert Date).  Extensions or renewals are not available without participating in a subsequent selection process for the Latino Artist Access Program.

ARTICLE 3: APPROVED PURPOSE

Partner’s Roles and Responsibilities:

3.01  Partner will provide an art product, rehearsed or prepared to a professional quality consistent with the Partner’s artistic history and submitted proposal for the LAAP program. The art product shall be produced in a timely manner at the established place, date and time for public presentation, as confirmed by a PARD signed document (Attachment B—Room Reservation Request Form). Partners may change the genre of the artwork presented upon approval by the Site Manager on condition that scope and space requested remain the same as originally approved request.

3.02   Partner will pay all related costs for the preparation of art work and production support including labor, administrative services, materials, rights, permits and any associated taxes with the exception of facility operations and maintenance costs.

3.03  Partner may provide an arts education proposal for public consumption of a commensurate value with the cost of using the Premises. The arts education proposal must be approved by the Site Manager as proposed in Attachment C (Workshop/Class Proposal Form). Partner will be responsible for all materials, supplies, and labor needed for all produced events and educational programs and additional technical equipment that is not part of the Room’s inventory. Partners will adhere to the Local Standards of Care (including staff to youth ratios) as mandated by the City Council of the City of Austin (see Attachment G) when providing educational programs to children.

3.04  Failure by the Partner to meet production or education program deadlines or cancellations beyond the allowable thresholds named in Addendum C may result in termination of this agreement.

3.05   Partner will provide to PARD the title of the art production or working title, and a short paragraph describing the work and any adult-related subject matter no later than six weeks prior to the presentation.

3.06   Partner’s participation in the LAAP allows requests for space assignment, which when granted provide the use of specifically designated sites and rooms. This privilege of assigned space use is not transferable to other PARD properties or any other City of Austin property or facility.

3.07   Space assignment and usage is only allowed for the Partner and Partner’s principal artists as named on the LAAP application and artists’ roster submitted with the Room Reservation Request forms (Attachment B Room Reservation Request Form). The Partner is to be the point of contact for any/all items related to that group’s requests. Privileges related to the LAAP are not transferrable to other organizations or artists. Partners may not use their space assignment to present other artists or arts organizations. Production and cast lists shall be submitted to PARD staff no later than 1 week prior to the initial date of rehearsal or art production, whichever comes first.

3.08   Partners may use the LAAP for collaboration, as defined in 1.03, with other artists or arts organizations as long as the Partner’s principal artists and team members contribute to at least two aspects of the production. Collaborators must be accompanied by Partners if using City property under the Latino Artist Access Program

3.09   Partner must take into account the Premise’s audience and context when considering how adult content will be presented. Adult content should be presented with all due sensitivity to parents who may not wish to expose their children to this content. Adult content should be presented in the context of legitimate art practices as evidenced by similar practices in other professional theaters or galleries in the area of Austin, Texas. Partner will submit description of adult content 2 months prior to any art production for PARD approval. PARD reserves the right to cancel any performance without remuneration if PARD determines that the adult content does not meet the above requirements.

3.10   Partner agrees to provide signage at the entrance to the designated Room and marketing materials providing accurate warnings of adult content, use of strobes, or stage firearms for every instance that applies. Partner agrees to provide signage and language for marketing materials 2 months prior to any art production.

3.11   Partner agrees to abide by all Facility Rules and to follow Scheduling and Technical Guidelines (See Addendum A and Addendum B). Partner agrees to discuss any short-term amendments to the Scheduling and Technical Guidelines to meet the needs of the artists. Site Managers have the right to make changes to the Guidelines in writing on an ad hoc basis.

3.12   The PARD site will provide designated room(s) as agreed to in Attachment B Room Reservation Request Form, with listed equipment and furniture, Attachment D Room and Equipment Inventory for the purposes of preparing and presenting an art work for public benefit at a reduced rental rate at the agreed upon dates and times.

PARD’s Roles and Responsibilities

3.13  PARD agrees to maintain the facility space on a daily basis.

3.14  PARD will respond to scheduling requests according to Addendum C.

3.15  PARD will respond to requests for approval within 3 business days.

3.16  PARD will provide support staff to open and close reserved spaces and provide emergency support (see Addendum ___).

3.17  PARD will work to ensure that scheduled spaces are available. In the event of a conflict, Partner should inform PARD as soon as possible. Site Manager has the discretion to cure the conflict.


Please provide comments below. Identify the section by putting the section number (for example: "section 3.03").

Consultation has concluded

  • cmchuy44 6 months ago
    ADDENDUM A1.11 - does this include outdoor spaces?1.?? - Define "Support Staff" - what do these duties include2.01 - Is term set as October 1 - Sept. 30? Or can a resident start/end at a different time. Do all selected in a particular round belong to a certain cohort that residency must be completed within? ie for the upcoming selected LAPP artists/orgs will all work have to be completed within the next two years?3.16 What does "support staff" mean and include?4.07 What are requirements of posting permits?4.08 Why does both an alcohol request form and application to ACE both have to be submitted? This is a heavy burden for orgs/artists to under take. Is there a certain threshold under which application to ACE is mandated? Does all other PARD sites have the requirement of additionally applying to ACE?4.?? What about alcohol solely served and not sold?4.10 The $2400 threshold can easily be exceeded in one weekend of planned performances. Is the aim to be able to easily exceed this amount in order to remove a group. Seems burdensome for groups to have that held over their head when in many cases planned performances can be cancelled due to no fault of the group? 4.?? How about a force majeure clause / Act of God to protect both parties?4.14 One week of notice of approved alcohol request is insufficient for artists/orgs to move forward with plans. How does this affect ACE application? Does ACE application require pre-approval from site before submission and/or approval?Article 6All of "article 6" refers to "Contractor". Who is the contractor? Contractor has not been defined. Change language in article or change definition of "Partner" if these are one in the same.ADDENDUM B-Facility Rules1.02.d What constitutes "written permission"? Who is PARD? Or from who at PARD is required to grant permission? Why is permission required from PARD, IF ADDENDUM A 4.07 already grants such permission? Or does 4.07 not grant such permission? Redundancy is confusing. ADDENDUM B PARD R&R1.23 What constitutes "technical equipment emergency"?1.?? How will PARD retire/expire/remove equipment from inventory? What are guidelines for providing notification to artists?ADDENDUM C 3.?? is equipment alteration allowed? removing of protective covers?3.06 Who will install / alter lighting design? Who will program technical lights? Moving lights and/or other equipment requires use of an aerial lift. Will PARD provide staff to install lighting? If not, will PARD aerial lift be provided to organizations to install? Who will be permitted to operate the lift? Certifications required? If lift will not be supplied and/or staff not be provided by PARD this presents a very costly scenario for organizations. Rental of lift is very costly. Additionally how will approved lift be identified. Would groups be allowed to bring in own lift? What of emergency situations when a lamp requires replacing during production run. Time to rent and deliver would not be possible in time frames of performance and/or create for an unreasonable time frame to resolve.