HomeMy WebLinkAboutCarlsbad Playhouse DBA Carlsbad Playreaders; 2025-02-06; PSALCA-25002CA1
PSALCA-25002CA
2025 ROBERT H. GARTNER GRANT AGREEMENT
FOR CARLSBAD PLAYHOUSE DBA CARLSBAD PLAYREADERS
This agreement, is made on the _______ day of _______________, 2025, by Carlsbad Playhouse DBA
Carlsbad Playreaders, a California nonprofit corporation, hereinafter referred to as “Grantee,” and the CITY
OF CARLSBAD, a municipal corporation, hereinafter referred to as “City” (the “Agreement”) (collectively, the
“Parties.”) City, as Grantor, agrees to provide Grantee the Grant funds awarded to Grantee for FY 2024-25
in an amount not-to-exceed seven thousand five hundred dollars ($7,500) (“Grant.”) The purpose of the
Grant is to provide funds to Grantee for the project outlined in the Agreement Scope (“Agreement Scope”).
Project Title: Carlsbad Playreaders 2025 Season
The grant provided herein is comprised of funds from the Carlsbad Library and Arts Foundation’s
Robert H. Gartner Cultural Endowment fund. Therefore, to ensure that the funds are used as described by
the endowment requirements, in accordance with the law, the City and Grantee hereby agree to the
following terms:
TERMS AND CONDITIONS OF GRANT
1. TERM. The term of this Agreement shall mean the period commencing on the effective date of this
Agreement and expiring on December 31, 2025. The term of this Agreement may be extended by mutual
written agreement of the parties. The parties will prepare a written amendment indicating the effective
date and length of extended Agreement.
2. USE OF CARLSBAD LIBRARY AND ARTS FOUNDATION’S ROBERT H. GARTNER CULTURAL ENDOWMENT
PROCEEDS.
a. Grant funds are to be disbursed as outlined in this Agreement in consideration of and on
condition that the sum be expended in carrying out the purpose as set forth in the Agreement
Scope and under the terms and conditions set forth in this Agreement. Grantee agrees to assume
any obligation to furnish any additional funds that may be necessary to complete the Agreement
Scope.
b. Costs accrued for services and/or supplies are eligible for funding or reimbursement for events
from February 1, 2025 to December 31, 2025.
3. IN-KIND FUNDING. As per the selection committee, Grantee will receive a fee waiver for rental of the
Schulman Auditorium and a staff technician as well for rehearsal and/or set up time adjacent to
performance (up to double the performance time). Grantee is expected to provide front of house staff
for the program as well as a stage plot for the program and is solely responsible for all program publicity
and promotion.
4. CONDITIONS OF FUNDING AND DISBURSEMENT. City shall have no obligation to provide the Grant
proceeds or to make any subsequent disbursement of Grant proceeds, and may seek reimbursement of
Grant proceeds, if any of the following requirements are not fully satisfied:
a. Grantee agrees to use grant funds to implement the Agreement Scope, including using the Grant
funds to only cover expenditures for programs and services incurred during the Agreement
Scope dates and under the terms and conditions of this Grant Agreement.
b. Grantee shall certify that the Agreement Scope is within Carlsbad city limits or that the Grantee’s
main address is within Carlsbad city limits.
c. Grantee shall complete all work in accordance with Agreement Scope.
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d. As reasonably soon as possible, but in no case later than thirty (30) calendar days, Grantee shall
notify the City of events or proposed changes that could affect the Agreement Scope.
e. Grantee shall be responsible for the performance of the work, as set forth herein, and for the
preparation of reports required by this Agreement.
f. Before Grantee makes any material changes to the Agreement Scope, Grantee agrees to submit
to the City, in writing, a proposal requesting changes to the Agreement Scope. Grantee shall
make no material changes to the Agreement Scope unless and until City formally approves the
Grantee’s request in writing.
g. Grantee agrees to acknowledge the City’s Grant consistent with the programming proposal
form, attached hereto as Exhibit “A.”
h. Grantee shall provide full and timely information to the City to update staff on programs and
include naming the City in any publications and/or social media, whether in digital or print
format, as opportunities arise. All publicity materials, press releases, publications and fliers shall
include: “Carlsbad Playreaders is made possible in part by the Carlsbad Library & Arts
Foundation’s Robert H. Gartner Endowment Fund.”
i. Grantee shall retain all records and supporting documentation, including expenditure receipts,
applicable to the Agreement Scope and this Agreement for a period of three (3) years, and make
all records and supporting documentation readily available, upon request, for inspection and/or
audit by representatives of the City.
5. RETURN OF GRANT FUNDS. Any determination, by the City, of noncompliance with activities and
expenditures outlined in the Agreement Scope without prior notice and express approval by the City,
upon demand by the City, Grantee agrees to return to the City the amount requested by the City, up to
and including an amount equivalent to the full Grant award. Failure of the Grantee to comply with the
terms of this Agreement shall not be the cause for return of Grant funds if, in the judgement of the City,
such failure was due to no fault of the Grantee.
6. EVENT/PROGRAM PROMOTIONAL OPPORTUNITIES. Grantee has the option to supply event and/or
program information including the date, location, time, admission, parking, play synopsis, photo(s),
required acknowledgments and related details for inclusion in Cultural Arts’ communications such as e-
newsletter, emails and website. At its discretion, the Cultural Arts Office will provide support in
distributing the information through the city’s established channels of communication. If grantee wishes
to participate, the grantee needs to submit the information to the Cultural Arts Office at least 30 days
prior to the event or program.
Please initial box to opt-in to promotional opportunities
7. REQUIRED REPORTS. Failure to complete the following reports may render the recipient ineligible to
receive the full and final payment of the Grant award.
a. Submit an Event Proposal form attached hereto as Exhibit “A”, within thirty (30) days of Grant
award notification.
b. Submit a Final Report including all required attachments by completing the designated form to
the City within thirty (30) calendar days after the Agreement Scope end date or,
December 31, 2025, whichever is earlier.
Grantees in noncompliance with the above reporting requirements agree to return some or all of the
initial Grant payment if requested by the City. Additionally, if Grantee is found to be in noncompliance,
Grantee agrees that for the year immediately following a determination of noncompliance, Grantee
shall be ineligible to receive any new grants from the City.
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8. DISBURSEMENT OF GRANT FUNDS. The Grant amount to be provided to the grantee, under this
Agreement, may be disbursed as follows:
a. First payment of 80 percent of Grant will be disbursed upon approval of 2025 proposal form as
applicable, and receipt of fully executed contract.
b. Final payment of 20 percent of Grant will be disbursed upon receipt of Final Report and approval
by City staff.
c. Any payment of a Grant amount in excess of the final Project costs shall be returned to the City
within sixty (60) days of completion of the Agreement Scope or the Project end date, whichever
is earliest.
9. PROJECT CANCELLATION.
a. If a Grantee wishes to cancel a Project at any time, Grantee shall notify the City in writing within
fifteen (15) calendar days of the decision to cancel and Grantee, at the time it provides the City
with notice of cancellation, shall return all Grant funds to the City.
b. In the event an approved Agreement Scope cannot be completed for any reason, and if Grant
funds were disbursed to Grantee, Grantee agrees to return all Grant funds to the City forthwith.
10. PROJECT MODIFICATION OR TERMINATION.
a. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the
Project, or prior to first disbursement of funds. After Project commencement, as outlined in the
Agreement Scope, or disbursement of Grant funds, this Agreement may be rescinded, modified
or amended only by mutual agreement, in writing, of both the City and Grantee.
11. LOSS OF GRANT. At the discretion of the City, the following actions may result in a loss of all or in part
of any Grant amount allocated to the Grantee:
a. A Grantee fails to enter into a signed Agreement with the City within sixty (60) calendar days of
receipt of the Agreement.
b. Activities associated with Grantee occur that do not align with activities described in the
Agreement Scope, including, but not limited to, reduction in services, significant alteration of
Agreement Scope elements, such as performers, artists or attendees, or significant changes in
budget income, expenses or line-item designations from Grantee’s budget, included in the
Agreement Scope.
c. A Grantee withdraws or terminates the Agreement Scope.
d. A Grantee fails to complete the Agreement Scope and/or fails to submit all required reports
and/or documentation before December 31, 2025.
12. COVENANT AGAINST DISCRIMINATION. Grantee agrees that neither it nor its agents shall discriminate
against any clients, prospective clients, employees, prospective employees, contractors, or prospective
contractors on the basis of race, color, religion, sex, national origin, age, disability or familial status.
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13. NOTICES.
a. The names and addresses of the persons who are authorized to give written notices to receive
written notice on behalf of City and on behalf of Grantee under this Agreement.
b. Each party will notify the other immediately of any changes of address that would require any notice
or delivery to be directed to another address.
For Grantee: For City:
Carlsbad Playhouse DBA Carlsbad Playreaders City of Carlsbad
Attn: Tom Brault, Treasurer Cultural Arts Manager Craddock Stropes
4567 Blackwell Road, 1775 Dove Lane
Oceanside, CA 92056 Carlsbad, CA 92011
Email: tombrault@hotmail.com Email: craddock.stropes@carlsbadca.gov
14. INDEMNIFICATION. Grantee hereby agrees to defend, indemnify, and hold free and harmless the City,
its officers and employees, against any and all claims, damages, losses, costs (including but not limited
to attorney's fees) and liabilities of any kind arising directly or indirectly out of, or related in any way
whatsoever to the provision of Grant proceeds.
15. NO PARTNERSHIP OR JOINT VENTURE. The relationship between City and Grantee is solely that of
Grantor and Grantee. Under no circumstances shall City and Grantee be deemed to be partners or
involved in a joint venture.
16. MODIFICATIONS. This Agreement may not be modified or amended except by written document
executed by a duly authorized representative of both the City and the Grantee.
17. GOVERNING LAW. This Agreement shall be construed in accordance with and be governed by the laws
of the State of California. Venue, in the event of a dispute, shall be in the North San Diego County
Superior Court.
18. SEVERABILITY. In the event that any provision or clause of this Agreement conflicts with applicable law,
such conflict shall not affect other provisions of this Agreement, which can be given effect without the
conflicting provision. To this end, the provisions of this Agreement are declared to be severable.
19. DRAFTING AMBIGUITIES. Grantee understands that it is aware that it has the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision
of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of Grantee. This Agreement shall not be construed in favor of or against either Party by
reason of the extent to which either Party participated in the drafting of this Agreement.
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20. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture or
governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto
harmless if it is later determined that such authority does not exist.
GRANTEE CITY OF CARLSBAD, a municipal corporation of
the State of California
*By: By:
(1st signature here) SUZANNE SMITHSON
Library & Cultural Arts Director
TOM BRAULT, CPR Board Treasurer As authorized by the City Manager
(Print name/Title)
tombrault@hotmail.com ATTEST:
(Email address)
*By:
(2nd Signature here) For SHERRY FREISINGER
City Clerk
WILLIAM DERN, Board President
(Print name/Title)
wderndds@gmail.com
(Email address)
If required by City, proper notary acknowledgment of execution by contractor must be attached. If a
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
For CINDIE K. MCMAHON, City Attorney
By:
Deputy City Attorney
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EXHIBIT “A”
SCOPE OF GRANT
Grantee presented a proposal requesting funding assistance for nine productions for Grantee’s 2025 Season.
All shows will occur at the Dove Library’s Ruby G. Schulman Auditorium, 1775 Dove Lane, Carlsbad, CA 92011
from February to December 2025. Grantee was accepted as a project worthy of receiving cultural
endowment funding based on the vision statement – “Presenting plays that seek to explore the human
condition and, thereby, enrich the lives of audiences in Carlsbad and neighboring communities” and their
proposal.
1. Contact Information:
Grantee
• Board President William Dern, 760-207-7803, Email: wderndds@gmail.com
• CPR Board Treasurer, Tom Brault, Email: tombrault@hotmail.com
City
• Cultural Arts Manager Craddock Stropes, 442-339-2726, craddock.stropes@carlsbadca.gov
• Program & Venue Coordinator Thomas Johnston, 442-339-2081, thomas.johnston@carlsbadca.gov
• Cultural Arts Administration 442-339-2090
2. Grantee must complete the following to satisfy grant funding:
• Required with contract- Event Proposal
• Required by Dec. 31, 2025 - Post-Event Report
3. Schedule for 2025 Carlsbad Playreaders Season:
Performance. First Mondays from 7:30 to 9:30 p.m. Season 2025 will run from February through
December 2025, with nine productions.
Rehearsals. Two rehearsals for a duration of no more than three hours each may be requested for onsite by
the Grantee during the Library’s hours of operation. Booking in advance is recommended, but not
guaranteed based on availability. Grantee is requesting the use of the Ruby G. Schulman Auditorium for the
performance with the use of a final technical rehearsal in the Auditorium. Call time at 4 p.m. with
performance at 7 to 9 p.m.
Date Event Title
**02/03/2025 The Many Sins of Diego Rivera
03/03/2025 Rabbit Hole
04/07/2025 Cost of Living
05/05/2025 The Humans
06/02/2025 Fairview
09/08/2025 The Mountaintop
10/06/2025 Fun Home
11/03/2025 Who’s Afraid of Virginia Woolf
12/01/2025 A Christmas Carol – One Man Show
*Final Selection of plays depends upon securing performance rights
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**Due to renovations at the City’s Ruby G. Schulman Auditorium, the February production may need to be
staged at an alternate site.
4. Grantee Requirements
• To assure a quality audience experience and safety considerations, Grantee will provide a front of
house manager onsite a minimum of one-hour prior to performance. Inclusion of one to two
volunteer ushers is strongly recommended.
• Grantee will provide to City a master copy of the program no later than seven (7) days prior to each
performance/event date. City will provide 100 copies of the program on the performance day;
additional copies can be available if requested 24 hours prior to performance.
• Grantee will provide the technical requirements in writing, i.e., stage set-up, number of
microphones, stools or chairs, music stands, and any specialty needs such as lighting or sound
support no later than seven (7) days prior to each performance/event date. For any special
requirements that are beyond typical technical support, a meeting the week prior to the
performance date is highly recommended.
• Grantee will provide a post-performance report after each presentation including attendance and
short narrative on the outcome of the performance including any audience feedback or responses,
as well as potential topics for future performances related to front of house, venue or technical
aspects.
• All requests and reports shall be submitted to Cultural Arts Manager Craddock Stropes and/or her
designee and shall be sufficiently detailed.
5. Health & Safety:
During any health-related pandemic, all activities occurring at City facilities, all Parties must adhere to the
guidance from the state, county, and local authorities on health and safety protocols. City staff will inform
Contractor of the current guidelines prior to their arrival and entering any City facility. Safety protocols may
include, but are not limited to, hand washing, temperature testing, requiring a face covering, and maintaining
physical distancing of six feet. The safety protocols may be modified at any time due to changing rules,
regulations, or circumstances.
6. Invoicing/Payment:
• 80% payment, six thousand dollars ($6,000) due upon execution of agreement.
• 20% payment, one thousand five hundred dollars ($1,500) due upon acceptance of final report.
All payment approval will be completed by the City’s Library & Cultural Arts Director or designee.
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