HomeMy WebLinkAboutAuthors Unbound Agency DBA Authors Unbound; 2026-01-28; PSALCA-26019LIBPSALCA-26019LIB
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AGREEMENT FOR AUTHOR TALK SERVICES FOR
2026 CARLSBAD READS TOGETHER PROGRAM
AUTHORS UNBOUND AGENCY DBA AUTHORS UNBOUND
THIS AGREEMENT is made and entered into as of the ____ day of ___________, 2026, by and
between the City of Carlsbad, California, a municipal corporation ("City") and Authors Unbound Agency
DBA Authors Unbound, an Oregon corporation, ("Contractor", “Representative”) (collectively, the
“Parties”).
RECITALS
A. City requires the professional services of an authorized representative that is experienced
in providing literary author services to schedule an author for the City for the 2026 Carlsbad Reads
Together program.
B. Contractor has the necessary experience in providing professional services and advice
related to scheduling and securing author and speaker specified and managing these services.
C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to
perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that
are defined in attached Exhibit "A” and Exhibit “B”, which are incorporated by this reference in accordance
with this Agreement’s terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan
Southern California area, and will use reasonable diligence and best judgment while exercising its
professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year(s) from the date first above
written.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
twenty-seven thousand five hundred dollars ($27,500).
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of City. Contractor will be under control of
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City only as to the result to be accomplished, but will consult with City as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. City will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which City may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct
the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between any subcontractor
of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind
every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved
in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, 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 the performance of the work
described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then,
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein,
Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or
on behalf of an injured employee under the City’s self-administered workers’ compensation is included as
a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
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10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor’s agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations
under this Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense.
The full limits available to the named insured shall also be available and applicable to the City as an
additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession
with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years
following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
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10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires
and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.”
10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it
and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant
to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement,
Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then City will have the option to declare Contractor in breach, or may purchase replacement insurance or
pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor
is responsible for any payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor under this
Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and
certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as
may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of records and any other
documents created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of four (4) years from the
date of final payment under this Agreement.
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15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement are:
For City: For Contractor:
Name Sheila Crosby Name Christie Hinrichs
Title Deputy Library Director Title CEO / CFO
Dept Library & Cultural Arts Address 65135 97th Street
CITY OF CARLSBAD Bend, OR 97703
Address 1775 Dove Lane Phone 541-797-2217
Carlsbad, CA 92011 Email christie@authorsunbound.com
Phone 442-339-5520
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.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or
interests as required in the City of Carlsbad Conflict of Interest Code.
Yes ☐ No ☒
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
18. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court
of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and
effect.
19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
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20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
21. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A
copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the
parties from seeking remedies available to them at law.
22. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate
this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City
decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City
may terminate this Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based upon the work
product delivered to City and of the percentage of work that Contractor has performed which is usable
and of worth to City in having the Agreement completed. Based upon that finding City will determine the
final payment of the Agreement.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor
may terminate this Agreement by tendering thirty (30) days written notice to City. Contractor will be paid
for work performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed and
the compensation to be made.
23. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award
or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this
Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent
fee.
24. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
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City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this
Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false information or in
reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the
False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work
or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for City to terminate this Agreement.
25. JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California without regard
to, or application of, choice of law rules or principles. 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.
26. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and
their respective successors. Neither this Agreement nor any part of it nor any monies due or to become
due under it may be assigned by Contractor without the prior consent of City, which shall not be
unreasonably withheld.
27. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
City and Contractor.
28. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of
the Agreement supersede the purchase order. 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.
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29. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf 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 Agreement.
Executed by Contractor this___________ day of _______________________, 2026.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of
the State of California Authors Unbound Agency DBA Authors
Unbound, an Oregon corporation
By: By:
(sign here) SUZANNE SMITHSON
Library & Cultural Arts Director
As Authorized by the City Manager
CHRISTIE HINRICHS / CEO, CFO
(print name/title)
ATTEST:
By: For SHERRY FREISINGER, City Clerk
(sign here) By:
Morgen Fry, Assistant City Clerk
(print name/title)
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, 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: _____________________________
Anayeli Zavala, Deputy City Attorney
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EXHIBIT A
SCOPE OF SERVICES AND FEE
Representative shall provide agency services to schedule author for the City. Representative’s fee for
agency services shall include performer fees. Representative warrants that they have the authority to
represent and contract on behalf of identified performers for live performances. Representative is
experienced in providing professional services and advice related to performance.
Representative agrees and understands that any performance under this Agreement is considered a City
sponsored event, and neither Representative nor performer can control any aspect of the City sponsored
event. Representative agrees and understands that any performances scheduled under this Agreement
are provided free of charge to the public.
1. DEFINITIONS
“Performer” shall mean any author, musician, artist, or any other person recruited by the Representative
to fulfill services as negotiated between the City and Representative under this Agreement.
“Performance” shall mean a reading conducted by an author, presentation, book signings, and any
other activities provided by the author as part of this Agreement.
2. CONTACT INFORMATION
Representative:
• Events Agent, Haley Kastner, 541-234-8002, haley@authorsunbound.com
• Accounting & Vendor business: Jeni Shirley, 541-230-5442, accounting@authorsunbound.com
City:
• Deputy Library Director, Sheila Crosby, 442-339-2876, sheila.crosby@carlsbadca.gov
• Sr. Librarian, Emily Hardy, 442-339-5129, emily.hardy@carlsbadca.gov
• Library Administration, 442-339-2011
3. EVENT & SERVICES
Name of Event 2026 Carlsbad Reads Together – Author Hua Hsu
Venue Site Name Carlsbad City Library, Ruby G. Schulman Auditorium
Venue Site Address 1775 Dove Lane, Carlsbad, CA 92011
Time Schedule 6 p.m.
Date of Performance
1st Choice: Thursday, April 23, 2026,
2nd Choice: Thursday, April 30, 2026 or agreed mutually between Parties
Description of Performance A reception followed by a lecture by Author Hua Hsu
Speaking on his book, Stay True
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Event detail should include time details for opening remarks, author talk, break period, and event
conclusion details. In addition, City shall provide details to the Representative as indicated.
Presentation start time 6 p.m. End time 7 p.m. Reception arrival time 4 p.m.
Access to venue/stage 5:30 p.m. No. of sets/workshops One presentation
Length of each set/workshop one hour Number/length of breaks reserved
City requested options: (select all that apply)
☒ 1. Performer to attend meet & greet to be held no more than two (2) hours before or after
scheduled author talk event. Special engagement will be sponsored by one of the library
support non-profit organizations. Performer will have the option to invite up to three (3)
personal guests to attend.
☒ 2. Performer to be available to sign their books during schedule event – not to exceed 1/2
hour in duration, post presentation.
☒ 3. Representative will have first right of refusal to be on-site to sell the Performer materials
for author events arranged through this Agreement. If refused, City has the discretion to
select another vendor to provide service.
☒ 4. Recording of event – see Paragraph 11 for recording details
☒ 5. Virtual offerings – see Paragraph 12 for virtual / remote details
Any changes in dates/times can be authorized by and with notification in writing to the City’s Deputy
Library Director or designee in writing via email at least thirty (30) days in advance to the predetermined
date listed above.
4. PARKING
City will provide reasonable access to the Venue Site’s stage area for Performer’s vehicle solely for the
purpose of loading and unloading equipment and will provide legal parking for performer’s vehicle
during the performance. At City’s option and depending on available parking at Venue Site, City may
allow performer extended parking privileges when Performer is not actively performing on stage.
5. LODGING/MEALS
City will provide reimbursement for travel, lodging, meals, or any other accommodation for any
Performers booked under this Agreement up to two thousand five hundred dollars ($2,500) pursuant to
General Services Administration (GSA) guidelines.
6. SOUND
City will provide a sound amplification system that is in good working order and capable of conforming
to the size of the audience, acoustics of the Venue Site and producing quality sound reproduction.
However, in the event that Performer is providing the sound system and special electrical needs are
required, Performer shall notify City of its needs at least thirty (30) days in advance of the first
performance date. Failure to timely notify the City will result in Performer assuming all the responsibility
of providing its own electricity for the sound system. If required by state or local laws, Performer will
obtain all necessary permits and approvals associated with the provision of electricity.
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7. STAGE LIGHTING
City will provide stage lighting that is in good working order and capable of conforming to the size of the
audience, Venue Site and the needs of the Production. However, in the event that Performer is providing
the stage lighting system and special electrical needs are required, Performer shall notify City of its
needs at least thirty (30) days in advance of the first performance date. Failure to timely notify the City
will result in Performer assuming all the responsibility of providing its own electricity for the stage
lighting system. If required by state or local laws, Performer will obtain all necessary permits and
approvals associated with the provision of electricity.
8. EVENT HOSPITALITY
City will provide hospitality, including but not limited to, snacks, drinks, or finger foods for Performer
booked under this Agreement at the pre-event reception.
9. CONCESSION SALES
Performer shall have the right to offer limited items for sale at the performance (e.g. books, CDs, DVDs,
and audio/video tapes) at a rate of 0% commission to City (City’s fee based on gross revenue from sales).
City reserves the right to pre-approve items offered for sale by Performer, both before and during the
performance.
10. PUBLICITY
Representative agrees that Performer will be available for one interview at a mutually agreeable time.
Representative may provide publicity and promotional materials to City for advertising the performance.
Representative represents and warrants that City may use all promotional materials received from
Representative to promote the performance in City communication and media platforms, including but
not limited to the City’s YouTube channel, newsletters, and social media accounts, without being in
violation of any third-party intellectual property rights.
Representative will be responsible for ensuring that Performer is aware of and executes the Model
Release Form (Exhibit “B”) and will furnish an executed copy to City at least thirty (30) days before the
scheduled performance date.
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12. CITY AUDIO/VIDEO RECORDING/VIRTUAL AND REMOTE EVENTS
Both Parties agree that the Performance may be live streamed one time via an unlisted YouTube link,
and City may keep the unlisted recording live for up to 30 days after the Performance. After 30 days,
the recording shall only be used archivally, which will not be distributed to the public. Without limiting
the generality of the foregoing, it is agreed that this does not authorize the City to sell, rent, lease, sub-
license, the recording or to make any commercial use of the recording whatsoever. As soon as
reasonably possible after the Performance, the City shall send the original recording in any of the
following formats that are available: .WMV, .MP4, or .MOV.
13. CANCELATIONS OF PERFORMANCE
Cancelation Prior to Start of Performance. If cancelation occurs while Performer is traveling to or is already
at Venue Site, but has not yet performed, City will pay Representative for Performer’s reasonable out-of-
pocket travel expenses to the Venue Site. Cancelation may occur due to inclement weather, health-related
pandemics, new or modified restrictions in the state or county health order(s), acts of God, A/V equipment
failures, internet connectivity issues, network outages, electrical outages, or any other unforeseeable
reason.
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Cancelation During Performance. If cancelation occurs while Performer is in the middle of performing at
the scheduled event, City and Performer will discuss whether the performance should be canceled. If the
performance is canceled, Representative shall be entitled to full payment. Cancelations may occur due to
inclement weather, acts of God, A/V equipment failures, internet connectivity issues, network outages,
electrical outages, or any other unforeseeable reason.
General Cancelation. The City reserves the right to cancel any performance for any reason at any time
thirty (30) days prior to the date of performance. If the City cancels, any associated expenses already
incurred by Representative will be considered for reimbursement, not-to-exceed two thousand five
hundred dollars ($2,500). Representative to provide receipts to support any expenditure for
reimbursement within thirty (30) days to the City. If the performance is canceled by the Representative
less than thirty (30) days prior to the scheduled performance, City will be excused from any payment or
other compensation obligations associated with the canceled performance. Further, the Representative
will make a good faith effort to propose and secure a replacement Performer agreeable to the City.
14. INDEMNIFICATION - PERFORMANCE CONTENT
The Representative represents and warrants that any materials and content used by the Performer,
included but not limited to, any sheet music, lyrics or scripts, will not violate any copyright, and that all
necessary approvals to perform copyrighted works have been obtained. Representative agrees to
indemnify, defend and hold harmless the City against any copyright claim, demand, liability, damages,
losses, costs, expenses, including reasonable attorney’s fees caused by or arising out of this Agreement.
15. LOSSES
It is understood and agreed that the City shall not be responsible for any loss of or damage to the
property of the Performer, or for the acts or omissions of the audience.
16. INDEPENDENT CONTRACTOR
The Representative and any Performer(s) are independent contractors and not employees of City. No
Representative or any Performer(s) or his/her respective employees are or shall hold themselves out to
be an agent or employee of the City. The Representative and Performer have no authority to make any
commitment on behalf of the City. Representative and Performer shall be responsible to pay all
applicable state, local and federal taxes associated with this Agreement.
17. SUBJECT MATTER
Representative agrees to ensure that Performer 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. 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 Performer
because of violation of this paragraph, City shall not be liable to Representative for any balance owed
under this Agreement for the performance. In the event of this occurrence, City shall not be deemed to
be in breach of this Agreement.
18. COMPLETE CONTRACT
This is a fully integrated contract. It is further understood that this Agreement contains the whole
Agreement between the Representative and City and this document supersedes any other terms,
agreements, obligations, covenants, representations, statements or conditions, oral or otherwise or any
kind whatsoever concerning this contract, not expressly set forth herein. Furthermore, it is understood
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and agreed that this contract may not be changed, modified, or altered except by mutual agreement of
both Parties. All changes to the contract for this engagement must be signed by authorized signatories
of both Parties.
19. HEALTH & SAFETY
All Parties must adhere to the guidance from the state, county, and local authorities on health and safety
protocols. City staff will inform Representative of the current guidelines prior to the performance date.
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.
20. PERFORMANCE FEE
The Representative shall invoice the City for each scheduled event coordinated in writing in advance.
Each invoice will detail the services to be provided and the associated costs as per the agreed
performance fees for the event. The City shall pay each invoice within thirty (30) days following the
completion of each activity. The Contractor shall be responsible for coordinating all travel and hotel
arrangements for the Performer to and from the event location of Carlsbad, CA.
Payment Schedule Activity / Amount
Initial Payment (25%)
$6,875 USD payment due upon execution of the Agreement and
issuance of purchase order in support of Agreement
($2,500 supporting Section 5 LODGING/MEAL,
$4,375 supporting Performance)
Final Payment (75%) $20,625 USD payment due at completion of Performance
Total (100%) $27,500
If any unperformed portion of the event or event series is canceled due to the Performer’s inability to
perform, the unperformed portion of the event or event series may be, if feasible, rescheduled to a
new date(s) that is/are mutually agreeable to City and Representative. If a replacement performance
cannot be rescheduled, the fee(s) due to the Representative may, at City’s sole discretion, be reduced
on a pro-rata basis by the value of the performance(s) not performed.
21. INVOICING / PAYMENT
All invoices shall be submitted to City’s Deputy Library Director, Sheila Crosby or designee and shall be
sufficiently detailed to include related activities and costs. Final invoice approval will be completed by
City’s Library & Cultural Arts Director or designee.
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EXHIBIT B
Model Release Form
For valuable consideration and its receipt is hereby acknowledged, I hereby assign all rights to my
portrait, picture, videotape and sound recording (collectively “Images”) of me or in which I may be
included intact or in part, composite or distorted in character or form, for purposes of publicizing,
marketing, advertising, promoting, raising awareness of, and supporting any City of Carlsbad author
event and/or program (“Authorized Use”), to the City of Carlsbad, a municipal corporation, and I hereby
authorize the reproduction, copyright, exhibition, broadcast, cablecast, Internet posting, and/or
distribution through any and all media now or hereafter known of said Images without limitation for
purpose of this Authorized Use.
I waive the right to any fees, royalties or control, now or in the future, and I grant full permission for the
use of my Image including, without limitations, name, likeness, performance, voice and biography, for
the Authorized Use. I hereby relinquish any right that I may have to examine or approve any completed
product or products or the advertising copy or printed matter that may be used in conjunction therewith
or the Authorized Use to which it may be applied, including in all media now in existence or that may
come into existence in the future.
Name (printed) (If minor, age)
Signature Date
Parent's signature (if minor) Date
Address City and State
Phone E-mail (optional)
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WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by:
(Name and Department) (Date)
Proposed modification(s) to the __________________ requirement(s) for
(Type of insurance) (Name of contract)
Reduce coverage to the amount of: $ .
Waive coverage
Other:
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
Significance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product. [explain]
Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain:
include number of candidates RFP sent to and number responded if applicable]
Contract Amount/Term of Contract: $ . Work will be completed over a period of .
Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ [explain].
Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request):
Approved by Risk Manager for this contract only:
(Signature) (Date)
Sheila Crosby, Library & Cultural Arts 1/21/2026
CGL/Auto/Prof Liab/WC Authors Unbound Agency
n
n NTE 27,500 1 day
n
PSALCA-26019LIB
Professional services of annual author talk event in April at the Carlsbad City Library for the 2026 Carlsbad Reads
Together program, which will pose minimal risk (see same event last year - PSALCA-24078LIB)
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1/26/2026