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Home My WebLink AboutCarlsbad Charitable Foundation; 2025-05-21; CMSLCA-25036CA1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25036CA CORPORATE MARKETING SPONSORSHIP AGREEMENT 2025 CITY OF CARLSBAD TGIF CONCERTS IN THE PARKS CARLSBAD CHARITABLE FOUNDATION This AGREEMENT is made and entered into as of day of __ , 2025, by and between the City of Carlsbad, California, a municipal corporation (“City”), and Carlsbad Charitable Foundation, an affiliate of The San Diego Foundation, a non-profit organization (“Sponsor”). RECITALS A.The City hosts a summer concert series, TGIF Concerts in the Parks, drawing thousands of community members on Friday evenings from June through August to hear live music at city parks (“Concert Series”). There are nine concerts scheduled for the 2025 Concert Series. B.The City has launched a program to provide local businesses with an opportunity to sponsor the Concert Series in exchange for recognition. C.The Sponsor has determined it would like to support the Concert Series as a “Opener” sponsor. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Sponsor agree as follows: 1.CONCERT SERIES SPONSOR BENEFITS. Sponsor shall be entitled to benefits that are defined in Exhibit “A,” which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.SPONSOR FEE. In exchange for the benefits included in Exhibit “A,” Sponsor agrees to pay the City $10,000 (ten thousand dollars). This fee must be submitted in full to the City no later than one week after the Agreement execution date. All checks should be made payable to the City of Carlsbad. 3.TERM. The term of this Agreement shall be for the duration of the TGIF Concerts in the Parks 2025 season, commencing on June 20, 2025 and ending on August 22, 2025. 4.SPONSOR OBLIGATIONS. Sponsor must complete the following: a.No later than two weeks after the Agreement execution date, provide graphic files for Sponsor logo and field signs to the City’s Communication & Engagement Department. i.The City shall provide graphic specifications (size, file format and resolution) to Sponsor. ii.All graphics must adhere to the City’s Corporate Sponsorship Policy (Appendix A) and the City shall have final approval of all designs. b.No later than the Tuesday prior to each concert (schedule included as Exhibit B), provide the name and title of the official to be recognized on stage at that week’s concert to the City. 5.FORCE MAJEURE. If City is prevented from or interfered with in any manner whatever in fully performing its duties hereunder, by reason of any present of future law, regulation or order, act of God, earthquake, flood, fire, epidemic, accident, explosion, casualty, labor controversy (including but not limited to threatened or actual lockout, boycott or strike), riot, civil disturbance, war or armed conflict, delay of a common carrier, inability without fault on city’s Docusign Envelope ID: 0F97A859-3E1A-4A5C-8A6A-5AAFA1DD6EE6 Attachment A May 20, 2025 Item #2 Page 5 of 11 Docusign Envelope ID: AF933BA9-E4EA-41F1-A8B0-96214CF6D1B4 21st May 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25036CA part to obtain sufficient goods or services required in the conduct of its business; or by reason of any other cause or causes of any similar nature (all of the foregoing being herein referred to as an “event of force majeure”), then City’s obligations hereunder shall be suspended as often as any such event of force majeure occurs and, during such occurrences, city’s nonperformance will not be deemed a breach of this agreement. 6. LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, Sponsor will look solely to City to satisfy any claims regarding this Agreement, and City’s maximum liability to Sponsor for all claims related to this Agreement will not exceed the amount received by City under this Agreement. City shall not be liable for any indirect, incidental, reliance, special, punitive, or consequential damages arising out of its performance or nonperformance under this Agreement, whether or not City had been advised of the possibility of such damages. 7. INDEMNIFICATION. The TGIF Concerts in the Parks series is a city-sponsored event. Accordingly, Sponsor agrees to refrain from using speech that is obscene, defamatory, considered fighting words, intended to incite imminent lawless action, or is otherwise contrary to the City’s workplace anti-harassment and discrimination policies during any speaking opportunity provided by the City (if applicable). Should such material be presented, City in its sole discretion may immediately terminate the speaking opportunity and remove sponsorship materials without constituting a breach of this Agreement. Sponsor agrees to indemnify, defend (with counsel approved by the City), and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of a violation of this section. 8. JURISDICTION AND VENUE. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 9. ENTIRE AGREEMENT. This Agreement, together with any other written document referred to or contemplated by it, embody the entire Agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. /// /// /// /// /// /// Docusign Envelope ID: 0F97A859-3E1A-4A5C-8A6A-5AAFA1DD6EE6 May 20, 2025 Item #2 Page 6 of 11 Docusign Envelope ID: AF933BA9-E4EA-41F1-A8B0-96214CF6D1B4 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25036CA 10.AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Sponsor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this day of , 2025. SPONSOR CITY OF CARLSBAD, a municipal corporation of the State of California CARLSBAD CHARITABLE FOUNDATION, AN AFFILIATE OF THE SAN DIEGO FOUNDATION, A NON-PROFIT ORGANIZATION By: By: (sign here) Mayor, City of Carlsbad Bret Schanzenbach, Board Chair APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: Deputy City Attorney Docusign Envelope ID: 0F97A859-3E1A-4A5C-8A6A-5AAFA1DD6EE6 9th May May 20, 2025 Item #2 Page 7 of 11 Attest: SHERRY FREISINGER City Clerk Docusign Envelope ID: AF933BA9-E4EA-41F1-A8B0-96214CF6D1B4 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25036CA EXHIBIT A TGIF Concerts in the Parks Sponsorship Benefits Opener ($10,000). Opener sponsor shall be entitled to the following benefits: •Prominent logo on banners on the side of the stage, shared with other “Opener” sponsors •Logo on promotional materials, including posters, website and social media •Logo on shared barricade wraps •Onstage acknowledgment at every concert •One (1) reserved season parking pass •Opportunity to set up a branded booth or activation area at three concerts (10’ x 10’) o June 20, 2025 at Stagecoach Community Park o July 25, 2025 at Calavera Hills Community Park o August 15, 2025 at Alga Norte Community Park •Mention in at least one social media post and news release •Option to provide branded merchandise or promotional materials at concerts Docusign Envelope ID: 0F97A859-3E1A-4A5C-8A6A-5AAFA1DD6EE6 May 20, 2025 Item #2 Page 8 of 11 Docusign Envelope ID: AF933BA9-E4EA-41F1-A8B0-96214CF6D1B4 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25036CA EXHIBIT B TGIF Concerts in the Parks 2025 Schedule Concert date Location Deadline to send representative name/title to City June 20 Stagecoach Community Park June 17 June 27 Stagecoach Community Park June 24 July 11 Stagecoach Community Park July 8 July 18 Stagecoach Community Park July 15 July 25 Calavera Hills Community Park July 22 Aug. 1 Calavera Hills Community Park July 29 Aug. 8 Calavera Hills Community Park Aug. 5 Aug. 15 Alga Norte Community Park Aug. 12 Aug. 22 Alga Norte Community Park Aug. 19 Staff Contacts: Craddock Stropes, Cultural Arts Manager craddock.stropes@carlsbadca.gov, 442-339-2726 Thomas Johnston thomas.johnston@carlsbadca.gov, 442-339-2093 Cultural Arts office 442-339-2090 Docusign Envelope ID: 0F97A859-3E1A-4A5C-8A6A-5AAFA1DD6EE6 May 20, 2025 Item #2 Page 9 of 11 Docusign Envelope ID: AF933BA9-E4EA-41F1-A8B0-96214CF6D1B4