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HomeMy WebLinkAbout2025-06-10; City Council; 08; TGIF Concerts in the Parks 2025 Corporate Marketing Partnership AgreementCA Review AZ Meeting Date: June 10, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Craddock Stropes, Cultural Arts Manager craddock.stropes@carlsbadca.gov, 442-339-2726 Subject: TGIF Concerts in the Parks 2025 Corporate Marketing Partnership Agreement Districts: 2, 4 Recommended Action Adopt a resolution approving a $10,000 Corporate Marketing Partnership Agreement with USAOPOLY, LLC for the 2025 TGIF concerts in the parks season. Executive Summary The City Council is being asked to approve a $10,000 Corporate Marketing Partnership Agreement with USAOPOLY, LLC for the 2025 TGIF Concerts in the Parks series in accordance with City Council Policy No. 79, Policy for Corporate Marketing Partnerships Utilizing City- Owned Assets (Exhibit 2). The policy states that all such agreements are subject to approval of the City Council. Explanation & Analysis TGIF Concerts in the Parks is the City of Carlsbad’s largest annual community event. In 2024, at the direction of the City Council, city staff developed a pilot sponsorship program to generate revenue to help offset the cost of the concert series. City Council Policy No. 79, Policy for Corporate Marketing Partnerships Utilizing City-Owned Assets, provides a framework for these sponsorships, which require City Council approval. The sponsorship program is continuing for the 2025 season, with four sponsorship tier opportunities (Exhibit 3). Each tier (or level) offers sponsors varying levels of logo advertising, acknowledgment via onstage announcement, inclusion in news releases and social media, as well as opportunities to host a branded booth. City staff have secured a second Opener tier sponsor, USAOPOLY, LLC, which will generate $10,000 in sponsorship revenue. USAOPOLY is a Carlsbad business specializing in customized versions of familiar board games. June 10, 2025 Item #8 Page 1 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A Fiscal Analysis An additional $10,000 of revenue will be generated from this second secured sponsor. Funds will be deposited in the city’s General Fund account for the TGIF Concerts in the Parks budget. The revenue will help to offset the costs of the concert series. Next Steps With City Council approval, Library & Cultural Arts staff will work with the Finance Department to deposit the revenue in the general fund account for TGIF Concerts in the Parks. Environmental Evaluation The proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of a corporate marketing partnership agreement for the 2025 TGIF Concerts in the Parks series. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution 2. City Council Policy No. 79 (on file in the Office of the City Clerk) 3. 2025 Sponsorship Opportunities June 10, 2025 Item #8 Page 2 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A Exhibit 1 RESOLUTION NO. 2025-123. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A $10,000 CORPORATE MARKETING PARTNERSHIP AGREEMENT WITH USAOPOLY, LLC FOR THE 2025 TGIF CONCERTS IN THE PARKS SEASON WHEREAS, the City Council of the City of Carlsbad, California, has determined that the annual TGIF Concerts in the Parks series is the city’s largest community event; and WHEREAS, in 2024 the City Council directed staff to pilot a sponsorship program to generate revenue to help offset the costs of the concert series; and WHEREAS, City Council Policy No. 79 provides a framework and requirements for sponsorships that includes a City Council approved Corporate Marketing Partnership Agreement; and WHEREAS, USAOPOLY, LLC has been identified as a $10,000 sponsor for the 2025 TGIF Concerts in the Parks season. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of a corporate marketing partnership agreement for the 2025 TGIF Concerts in the Parks series. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 3.That the City Council approves the 2025 TGIF Concerts in the Parks Corporate Marketing Partnership Agreement with USAOPOLY, LLC for $10,000 attached hereto as Attachment A. June 10, 2025 Item #8 Page 3 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of June, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) June 10, 2025 Item #8 Page 4 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25039CA CORPORATE MARKETING SPONSORSHIP AGREEMENT 2025 CITY OF CARLSBAD TGIF CONCERTS IN THE PARKS USAOPOLY, LLC 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 Usaopoly, LLC, a Delaware limited liability company (“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: DE9D072F-608F-4BF6-B54A-87F960268734 Attachment A June 10, 2025 Item #8 Page 5 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A June12th 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25039CA 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: DE9D072F-608F-4BF6-B54A-87F960268734 June 10, 2025 Item #8 Page 6 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25039CA 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 USAOPOLY, LLC, a Delaware Limited Liability Corporation By: By: (sign here) Dane Chapin, CEO Mayor, City of Carlsbad (print name/title) Attest: For SHERRY FREISINGER, City Clerk By: Morgen Fry, Assistant City Clerk APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: Deputy City Attorney Docusign Envelope ID: DE9D072F-608F-4BF6-B54A-87F960268734 May29th June 10, 2025 Item #8 Page 7 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25039CA EXHIBIT A TGIF Concerts in the Parks Sponsorship Benefits Opener ($10,000). Opener sponsor shall be entitled to the following benefits: • Logo on promotional materials, including posters, website and social media • Onstage acknowledgment at every concert • One (1) reserved season parking pass • Opportunity to set up a branded booth or activation area at up to nine concerts (10’ x 10’). o June 20, 2025 at Stagecoach Community Park o June 27, 2025 at Stagecoach Community Park o July 11, 2025 at Stagecoach Community Park o July 18, 2025 at Stagecoach Community Park o July 25, 2025 at Calavera Hills Community Park o August 1, 2025 at Calavera Hills Community Park o August 8, 2025 at Calavera Hills Community Park o August 15, 2025 at Alga Norte Community Park o August 22, 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: DE9D072F-608F-4BF6-B54A-87F960268734 June 10, 2025 Item #8 Page 8 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A 1775 Dove Lane  Carlsbad, CA 92011  442-339-2090 CMSLCA-25039CA 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: DE9D072F-608F-4BF6-B54A-87F960268734 June 10, 2025 Item #8 Page 9 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A Exhibit 2 Council Policy Statement No. 79 (on file in the Office of the City Clerk) June 10, 2025 Item #8 Page 10 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A Headliner ($20,000) 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 Opportunity to set up a branded booth or activation area at two concerts (10’ x 10’) Mention in at least one social media post and news release Option to provide branded merchandise or promotional materials at concerts Logo on shared barricade wraps Logo on promotional materials, including posters, website and social media Mention in at least one social media post and news release Bike valet ($1,500) The nationally recognized TGIF Concerts in the Parks series has been a popular Carlsbad tradition for decades. The concerts attract thousands of community members from the surrounding area, including young adults, families and active older adults. 2,500 attendees per concert (average) 9 concerts Stagecoach, Calavera Hills and Alga Norte parks Sponsorship Opportunities Exclusive banner centered above the stage with “Headliner Sponsor” and logo at every concert Logo prominently displayed on event promotional materials, including posters, website and social media Exclusive headliner barricade wraps Onstage acknowledgment at every concert Opportunity to set up a branded booth or activation area at every concert (10’ x 10’) Meet the band and photo opportunity Featured post on social media associated with concert promotion Two reserved season parking passes Inclusion in at least one news release and social media post Opener ($10,000) Up and comer ($5,000) Company logo on bike valet sign Logo on promotional materials, including posters, website and social media Mention in at least one social media post and news release If you are interested in one of these sponsorship packages or would like to discuss a custom package, please contact us at arts@carlsbadca.gov. EXHIBIT 3 June 10, 2025 Item #8 Page 11 of 11 Docusign Envelope ID: 7F15B838-0A36-4A43-945C-E35C444BE30A