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Home My WebLink About2025-09-09; City Council; Resolution 2025-198Exhibit 1 RESOLUTION NO. 2025-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH NICHOLAS SITAR, DBA ANTHOLOGY LIVE, THROUGH THE 2027 TGIF CONCERTS IN THE PARKS SEASON WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable and in the public interest to maintain an agreement for music production services for the annual summer TGIF Concerts in the Parks series; and WHEREAS, on April 20, 2023, the city executed an agreement with Nicholas Sitar, DBA Anthology Live, for music production services for a period of one year, with options to extend the agreement by up to four additional one-year periods; and WHEREAS, the current agreement term expires on April 19, 2026; and WHEREAS, the city and Nicholas Sitar, DBA Anthology Live, both desire to extend the agreement for a period of two years to provide ongoing music production services through the summer 2027 TGIF Concerts in the Parks season; and WHEREAS, this agreement requires City Council approval under Carlsbad Municipal Code Section 3.28.060(D)(5), because the value of the agreement is greater than $100,000 per year. 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 music production services for the 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 Amendment No. 3 to the professional services agreement for music production services for the TGIF Concerts in the Parks series is approved, and the Mayor is authorized to execute Amendment No. 3., attached hereto as Attachment A. Sept. 9, 2025 Item #6 Page 4 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of September, 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) Sept. 9, 2025 Item #6 Page 5 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 1 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR CONCERT PRODUCTION SERVICES FOR TGIF CONCERTS IN THE PARKS SERIES NICHOLAS SITAR DBA ANTHOLOGY LIVE This Amendment No. 3 is entered into and effective as of the ____ day of _________, 2025, extending and amending the agreement dated April 20, 2023 (“Agreement”) by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Nicholas Sitar DBA Anthology Live, a sole proprietorship, (“Contractor", “Producer”) (collectively, the “Parties”) for concert production services. RECITALS A.On March 14, 2024, the Parties executed Amendment No.1 to the Agreement to extend and amend the agreement’s scope to produce nine (9) 2024 TGIF Concerts in the Parks series; and B.On March 4, 2025, the Parties executed Amendment No. 2 to the Agreement toextend and amend the agreement’s scope to set the location and dates for nine (9) concerts included in the 2025 TGIF Concerts in the Parks series; and C.The Parties desire to amend the Agreement’s scope to set the location and datesand increase fees for the 2026 and 2027 TGIF Concerts in the Parks series, each with nine (9) concerts; and D.The Parties now desire to extend the Agreement for a period of two (2) years withthe understanding that Services will terminate after completion of the 2027 TGIF Concerts in the Parks series and no later than October 1, 2027; and E.The Parties have negotiated and agreed to a supplemental scope of services andfee schedule, which is attached to and incorporated in by this reference as Exhibit “A-2”, Scope of Services and Fee, and Exhibit “B-2,” TGIF Concerts in the Parks Artistic Vision. Exhibits “A-2” and “B-2” replaces Exhibits “A”, “A-1” and “B” and “B-1” of the Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.In addition to those services contained in the Agreement, as may have beenamended from time to time. Contractor will provide those services described in Exhibit “A-2” and “B-2”. Contractor to provide copies of invoices as detailed in fee schedule, sufficiently detailed on related activities and costs for approval by City. 2.With this Amendment, the amount per Agreement year shall not exceed onehundred five thousand, six-hundred twenty dollars ($105,620) annually and the total Agreement amount shall not exceed four hundred sixty-one thousand, six hundred forty-one dollars ($461,641). 3.Contractor will complete all work described in Exhibit “A-2” and “B-2”. Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Attachment A Sept. 9, 2025 Item #6 Page 6 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF 10th Sept. PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 2 4.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect. 5.All requisite insurance policies to be maintained by Contractor pursuant to thisAgreement, as may have been amended from time to time, will include coverage for this Amendment. 6.The individuals executing this Amendment and the instruments referenced in it onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR, CITY OF CARLSBAD, a municipal corporation of the State of California Nicholas Sitar DBA Anthology Live, a sole proprietorship By: By: (sign here) KEITH BLACKBURN, Mayor NICHOLAS SITAR, Owner, Producer (print name/title) ATTEST: For SHERRY FREISINGER, City Clerk By Morgen Fry, Assistant City Clerk If required by City, proper notarial 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, President, or Vice-President Secretary, Assistant Secretary, 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: _____________________________ Anayeli Zavala, Deputy City Attorney Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 7 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 3 EXHIBIT “A-2” SCOPE OF SERVICES AND FEE The City has sponsored the TGIF Concerts in the Park series since 1986. Now in its 39th season, the 2026 and 40th season, the 2027 seasons will feature nine (9) concerts in three (3) city parks. The Producer will recommend and secure nine (9) TGIF bands and provide sound and light support for all performances at each concert venue. The Cultural Arts Manager or designee will approve the band selection. 1.CONTACT INFORMATION Producer Nicholas Sitar, 619-616-1484, Nick@anthology-live.com City: •Cultural Arts Manager Craddock Stropes, 442-339-2726, craddock.stropes@carlsbadca.gov •Cultural Arts General Phone 442-339-2090 2.TGIF CONCERTS IN THE PARKS SCHEDULES Nine (9) in-person concerts on the following dates: 2026 Location Name Address Event Dates Stagecoach Community Park 3420 Camino De Los Coches June 19 June 26, July 10, July 17 Calavera Hills Community Park 2997 Glasgow Road July 24, July 31, Aug. 7 Alga Norte Community Park 6565 Alicante Road Aug. 14, Aug. 21 2027 Location Name Address Event Dates Stagecoach Community Park 3420 Camino De Los Coches June 18, June 25, July 2, July 9 Calavera Hills Community Park 2997 Glasgow Road July 16, July 23, July 30 Alga Norte Community Park 6565 Alicante Road Aug. 6, Aug. 13 The City commits to providing timely written notice to the Contractor of any adjustments to the concert schedule as soon as such decisions are finalized and no later than 60 days prior to the first concert date. This notification will include any changes to the dates, locations, or any other pertinent details necessary for the Contractor to adequately prepare and adjust their planning and operational requirements accordingly. 3.TGIF CONCERTS IN THE PARKS DAILY SCHEDULE OF EVENTS This process and/or schedule may be modified based on the needs of the city. Time Task 12 p.m. Sound Crew arrives on-site to set up 2 p.m. Sound Equipment Set Up Complete 3 p.m. Producer arrives on-site Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 8 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 4 Time Task 3:45 p.m. Sound checks complete Between 3 & 4 p.m. Gates & field open to audience 5:30 p.m. Staff announcements 5:50 p.m. Concert announcements and introduction 6 p.m. Band First Set 6:45 p.m. Intermission 7 p.m. Band Second Set (including an encore) 7:45 p.m. TGIF Concert Ends 7:50 p.m. Carlsbad Friends of the Arts opportunity drawing (optional) 8:45 p.m. Performing artist equipment removal from stage 9:30 p.m. Sound equipment removed from stage deadline 4.PRODUCER SERVICES 4.1 Performing Artist Selection 4.1.1. Perform production duties on behalf of the City of Carlsbad and TGIF Concerts in the Parks. 4.1.2. Curation of performing artist choices by genre with input and review by Cultural Arts Manager or Designee; Artist curation will be guided and aligned with the TGIF Concerts in the Parks Artistic Vision. 4.1.3 Final selection of performing artists for TGIF Concerts in the Parks will be selected by Cultural Arts Manager or Designee in consultation with the Producer. 4.1.4 Confirm contracted services by nine (9) music ensembles in alignment with TGIF Concerts in the Parks Artistic Vision Statement within thirty (30) days after execution of agreement. 4.1.5 Provide final list of groups, including biographies, publicity information, and high resolution photographs for all performers to the City by March 1 or sooner as agreed upon by the Parties in writing, for each TGIF Concerts in the Park series. 4.1.6 All final artist selections will be reviewed and approved by city staff to ensure adherence to TGIF Concerts in the Parks Artistic Vision (Exhibit “B-2”, which is attached and incorporated herein) and logistical consideration for all events. Producer will receive approval in writing seven (7) business days of receiving final Producer’s list of groups. 4.2 Performing Artist Liaison 4.2.1 Producer will act as main contact and provide artist management and hospitality duties for all performing artists prior to and on-site during events. 4.2.2. Producer will provide a cooler of water and non-alcoholic beverages for performers and the sound and light production crews at each performance with an appropriate number of items per performance. 4.2.3. City will provide band area with one (1) or two (2) pop up canopies with attachable walls for privacy. 4.3 Performing Artist Guidelines 4.3.1. Performance Content. The Producer represents and warrants that the Performances under this Agreement in all aspects (including any sheet music, lyrics or script as may be desired or required by City) will not violate any copyright, and that all necessary Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 9 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 5 approvals to perform copyrighted works have been obtained. Producer agrees to indemnify, defend and hold harmless the City against any copyright claim, demand, liability, damages, costs, or expenses, including reasonable attorney’s fees, caused by or arising out of the Performances under this Agreement. Producer shall be solely responsible for the content of the Performances. 4.3.2. Subject Matter. Producer agrees that all Performances under this Agreement will refrain from presenting or performing material that is derogatory or critical of the City, contains sexually explicit actions or gestures, expletives and/or other obscenities, or contains racial slurs or is otherwise derogatory of any race, religion, sexual orientation, age or national origin or other legally protected characteristic. Should such material be presented or performed, City, in its sole discretion, may immediately terminate the Performance. In the event City terminates the Performance of Producer because of violation of this paragraph, City shall not be liable to Producer for the balance owed under this Agreement and all monies paid to Producer shall be full and complete payment of Producer’s services. In the event of this occurrence, City shall not be deemed to be in breach of this agreement. 4.3.3 Alcohol Consumption. Alcohol consumption of any kind is strictly forbidden while on any concert premises and during any contracted service period for the City and any affiliated third-party booking agents. 4.4 Sound and Video Production 4.4.1. Producer will provide adequate and appropriate sound and light crews and equipment, suitable to record the concerts live outdoors in each park utilizing the city’s mobile stage unit. Producer will provide adequate and appropriate sound and light engineer personnel to conduct all sound and lighting services necessary to all satisfactory recording and post-production of the nine concerts, including all concert set-ups and break downs of music, sound and light equipment. 4.4.2. Producer will select a sound and light production subcontractor for all TGIF Concerts in the Parks with the full execution of this agreement. 4.5 Event Logistics Producer will coordinate during events with event staff to ensure proper implementation of emergency protocols involving performing artists, sound and video production crew and on-stage operations, including but not limited to: Emergency Action Plan(s). 4.6 Event Producer Terms City Audio/Video Recording. City reserves the right to audio and/or video record any live streaming the event to any location(s) owned and/or controlled by the City. City may retain the recording in its files, may replay the recordings for its employees, and may make excerpts available for public viewing. City shall make no more than three (3) copies of the recordings. City shall not sell the recordings. City shall provide a copy of the recordings to the Producer, upon the Producer’s request. Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 10 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 6 5. HEALTH & SAFETY For 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 Producer what the current guidelines are 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. Producer, all artists, and participating businesses must follow these health and safety protocols as imposed by state, county and local authorities. 6. FEES & TASK SCHEDULE 2026 Season Payment Sequence Amount Payment Milestones First payment (20%) $21,124 Delivery of list of nine (9) bands, as well as securing subcontractors for 2026 season Second payment (40%) $42,248 May 19, 2026, 1 month prior to season launch Third payment (25%) $26,405 July 17, 2026, after four (4) concerts presented with five (5) concerts pending Fourth payment (15%) $15,843 Aug. 28, 2026, or sooner based on the delivery of post- production concert series written final report TOTAL PAYMENT $105,620 2027 Season Payment Sequence Amount Payment Milestones First payment (20%) $21,124 Delivery of list of nine (9) bands, as well as securing subcontractors for 2027 season Second payment (40%) $42,248 May 18, 2027, 1 month prior to season launch Third payment (25%) $26,405 July 9, 2027, after four (4) concerts presented with five (5) concerts pending Fourth payment (15%) $15,843 Aug. 20, 2027, or sooner based on the delivery of post- production concert series written final report TOTAL PAYMENT $105,620 *The final report includes a summary of the season, significant takeaways, and recommendations for best practices in the future. No other compensation for services will be allowed. No individual payment shall be less than twenty percent (15%) of the total fees payable. No individual payment shall be more than forty percent (40%) of the total fees payable. All invoices shall be submitted to Cultural Arts Manager and shall be sufficiently detailed to include related activities and costs. All work will be verified by Cultural Arts Manager or Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 11 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 7 designee. Final invoice approval will be completed by the City’s Library & Cultural Arts Director or designee. Due to the schedule for payments, the four installment payments may be paid by the City in advance of any performance produced by Producer. If Producer fails to satisfactorily produce any of the nine (9) concerts called for herein, City shall be entitled to a credit against any payment owed by the City to Producer in the amount of eleven thousand seven hundred thirty-five dollars and fifty-six cents ($11,735.56) per concert. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 12 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 8 7. STAGELINE RIGGING PLAN Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 13 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 9 EXHIBIT “B-2” TGIF CONCERTS IN THE PARKS ARTISTIC VISION Celebrating its 39th & 40th seasons, the 2026 and 2027 concerts follow the same vision, goals, and considerations of the ongoing TGIF Concerts in the Parks series. 1. INTRODUCTION Arts: Everyday Everywhere is the motto of the Cultural Arts office. That motto, along with TGIF Concerts in the Parks, aligns with the core values of the City of Carlsbad’s General Plan and the Arts & Culture Master Plan. Both of these documents seek to integrate the arts as a vital aspect of community life with a wide range of facilities and public programs. Offering a variety of cultural arts experiences encourages an appreciation and respect for the arts as a pillar to quality of life in a community. The Cultural Arts office works to identify artistic programs, partnerships and experiences for residents and visitors alike to foster a social connection between residents and encourage visitors to know that Carlsbad is the place to be. TGIF plays a role in the city’s strategic initiative to be an active leader in the region’s arts & entertainment sector. 2. TGIF MISSION TGIF Concerts in the Parks contribute to quality of life in Carlsbad through free, fun, safe and family-friendly summer music events that provide an audience-centered and high-quality experience for community members from Carlsbad and beyond. 3. TGIF VISION TGIF sets the standard for free municipal concerts in the region. TGIF helps build community in Carlsbad and creates a sense of place that sets the city apart and lets people connect with a distinct identity that reflects Carlsbad’s values, traditions and pleasures and feel pride in their community. 4. CORE VALUES • For all concerts to be of exceptional quality, with performers of regional and national significance • To serve diverse audiences through variety of music styles presented at TGIF, while providing balance of genres over each season • To provide engaging and dynamic performers that provide both well-loved, new, niche and unexpected artistic experiences • To seek out and present new groups to the TGIF audience • To create a free, fun and outdoor gathering space for all ages to enjoy quality music experiences Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 14 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF PSALCA-23101CA-03 City Attorney Approved Version 5/30/2025 10 5. ADDITIONAL CONSIDERATIONS FOR TGIF CONCERTS IN THE PARKS • Efficient and strategic use of public funds to present safe and quality events • Scheduling of artists, locations, and event partners • Suitability of each event for all ages • Responsiveness to community interests • Awareness of other programs being presented in the region /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Docusign Envelope ID: A0331557-DA8E-4DBA-8DFA-2CE25249A60D Sept. 9, 2025 Item #6 Page 15 of 15 Docusign Envelope ID: 2F843241-E11C-48B9-81B8-6EE13EE10CEF