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Carpenter Performing Arts Center (CPAC Performances)

Contracting Headline Artists and Entertainers 

This process applies to Carpenter Performing Arts Center (CPAC) contracts to hire high level professional artists and entertainers primarily through represented agents and speakers’ bureaus.  Any ancillary supporting individuals related to performances must be approved through the Independent Contractor Pre-Hire Determination form.

28 shows per year are performed at the CPAC. All performances and contracts are entered into the Event Management System (EMS) by CPAC.  The EMS notification and approval features are used to attach, share, review and approve documents.  By May of each year all performances for the next academic year are in EMS. 

Requisition Required?

No, not for contracts to hire high level professional artists and entertainers primarily through represented agents and speakers’ bureaus.

A minimum of 15 working days after Contract Manager receives all completed documentation.

Administrative Guidelines Related to this Purchase?

Key Purchasing Requirements and Quote/Bid Thresholds?

N/A

Additional Forms or Requirements?

The University Event Planning Committee approval is required on controversial speakers as deemed necessary by Risk Management.

E&IT Checklist approval required for live stream and recorded performances.

By accepting a contract with the CSU, Contractors must certify they are neither nor its principals or its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in transactions by any federal department or agency (2 Code Federal Regulations[CFR] 180.220, in accordance with the Office of Management and Budget guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235).

For contracts using both, CSU and federally awarded funds, a debarment check must be completed prior to issuing any procurement contracts of goods or services that are $25,000.00 or greater.

Risk Management Review Required? Yes

  1. Event Management System (EMS) Guest Speaker Notification: CPAC is responsible for checking the Guest Speaker box in EMS which notifies Risk Management.
    1. Risk Management will determine if this speaking event requires Event Planning and Management Committee approval.
  2. Insurance: Insurance requirements are included in CSULB Performance Rider. CPAC collects insurance certificates prior to performance and payment.
    1. If Agent requests any modification to the insurance requirements during the redlining process outlined above, CSULB Contract Manager will work with Risk Manager to approve/deny these requests prior to signature.
    2. Insurance review, approval and questions are sent to FM-RiskManagement@CSULB.edu.
    3. If additional insurance is needed Risk Management will advise and CPAC will use the insurance rating schedule and quote the event based on hazard level and number in attendance. CPAC will bill the performer. 
    4. CPAC adds the “Risk” category, enters premium and will attach insurance certificates in EMS.
    5. Risk Management reviews and approves by checking approval box in EMS (Risk Mgt. adds “Risk Response” and approves and/or asks for additional information).

Carpenter Performing Arts Center Contracting Headline Artists and Entertainers

This process applies to Carpenter Performing Arts Center (CPAC) contracts to hire high level professional artist and entertainers primarily through represented agents and speakers’ bureaus.  Any ancillary supporting individuals related to performances must be approved through the Independent Contractor Pre-Hire Determination form.

28 shows per year are performed at the CPAC. All performances and contracts are entered into the Event Management System (EMS) by CPAC.  The EMS notification and approval features are used to attach, share, review and approve documents.  By May of each year all performances for the next academic year are in EMS.;

Contracting Process:

  1. Offer Letter: CPAC will discuss the performance engagement with the Agent and send the nonbinding Offer Letter which includes engagement details and fee.
    1. Agent will sign and return the Offer Letter.
  2. EMS Guest Speaker Notification: CPAC is responsible for checking the Guest Speaker box in EMS which notifies Risk Management.
    1. Risk Management will determine if this speaking event requires the University Event Planning and Management Committee approval.
    2. Guest Speaker notification, if necessary will be attached by CPAC in EMS.
  3. Live Streamed or Recorded: If the performance is livestreamed or recorded, CPAC will complete an Electronic & Information Technology (E&IT) checklist form.
    1. The E&IT Approval form must be attached in EMS.
  4. Agency Contract: Agent may send a legally binding Agency Contract to CPAC.
  5. Agency Contract Review: If Agency sends contract CPAC confirms business agreement language, initials and sends to CSULB Contract Manager for legal review.
  6. CSULB Performance Rider: The Performance Rider supersedes Agency Contract. If redlines are requested, CPAC will return the redlined Agency Contract accompanied by CSULB legally binding Performance Rider for Agent’s review. If no redlines are required on the Agency Contract, CPAC sends only the Performance Rider for review. At this time CPAC takes the following action:
    1. Tax Identification form, consulting with Controller’s Tax Services as needed.
    2. Electronic Funds Transfer form completion for EFT payment.
    3. Requests for Agency Contract redlines will flow through CPAC to Agent and back to CSULB Contract Manager.
  7. Agency Contract and CSULB Performance Rider will be signed by the Contract Manager and returned to CPAC when:
    1. Event Planning Committee approval on controversial speaker, if deemed necessary by Risk Management.
    2. All contract terms are agreed upon.
    3. Agent has signed CSULB Performance Rider.
    4. E&IT Checklist Approval is attached in EMS. (If performance is livestreamed or recorded).
  8. Counter-signed Agency Contract and CSULB Performance Rider are sent to CPAC.
    1. CPAC is responsible for forwarding fully signed agreement to CSULB Contract Manager and attaching in EMS.
  9. Insurance: Insurance requirements are included in CSULB Performance Rider. CPAC collects insurance certificates prior to performance and payment.
    1. If Agent requests any modification to the insurance requirements during the redlining process outlined above, CSULB Contract Manager will work with Risk Manager to approve/deny these requests prior to signature.
    2. Insurance review, approval and questions are sent to FM-RiskManagement@CSULB.edu.
    3. If additional insurance is needed Risk Management will advise and CPAC will use the insurance rating schedule and quote the event based on hazard level and number in attendance. CPAC will bill the performer.
    4. CPAC adds the “Risk” category, enters premium and will attach insurance certificates in EMS.
    5. Risk Management reviews and approves by checking approval box in EMS (Risk Mgt. adds “Risk Response” and approves and/or asks for additional information).
  10. Direct Payment Request: CPAC prepares the payment request packet and sends to College of the Arts Dean’s office (COTA) for final DOA approval. As requested by Accounts Payable (AP) the complete packet includes:
    1. Direct Pay form.
    2. 204 form or other required tax identification form.
    3. Executed contracts.
    4. 204 EFT forms are completed for payment electronically.
  11. Payment: AP will contact CPAC to pick up the performer’s check to be hand-delivered on the day of performance or pay the performer via EFT.

Payments and Approvals

  1. Permitted Payment Options: Subject to the above requirements.
    • PO – Not Allowed
    • PCard – Not Allowed
    • One Card – Not Allowed
    • Direct Pay – Allowed
    • Employee Reimbursement – Not Allowed
  2. Documents required:
    • Direct Pay Form
    • 204 Form or othe required tax identification
    • Executed contracts (performance rider and agency contract if applicable)
    • Electronic Funds Transfer (EFT) form completed for payment, if applicable

      Additional required documents listed under the Additional Forms or Requirements section above.
  3. Payment Notes:
    • AP will contact CPAC for check pickup if EFT is not the payment method.

Additional Notes

Tax Implications:

All hires must be legally permitted to perform work within the United States.  If the individual or company is a non-resident/immigrant, or if the department is unsure of the residency status, departments must contact the Controller’s Office Tax Specialist (AP-Tax@csulb.edu) PRIOR to retaining the individual. The Tax Specialist MUST verify residency status and/or Visa status prior to a department making a commitment to retain the independent contractor. Failure to do so may result in the university being unable to legally procure services and pay the independent contractor.