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HomeMy WebLinkAboutBeach Genie Inc; 2026-05-20; CMSLCA-26030CA CMSLCA-26030CA CORPORATE MARKETING PARTNERSHIP AGREEMENT 2026 CITY OF CARLSBAD TGIF CONCERTS IN THE PARKS BEACH GENIE, INC. This AGREEMENT is made and entered into as of the ______ day of ___________, 2026 (“Effective Date”), by and between the City of Carlsbad, California, a chartered municipal corporation (“City”), and Beach Genie, Inc. a California corporation (“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 2026 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 an Up and Comer 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 $1,500. 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 from the Effective Date through the TGIF Concerts in the Parks 2026 season ending on August 21, 2026. 4. SPONSOR OBLIGATIONS. Sponsor must complete the following: a. No later than two weeks after the Effective 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 Marketing Partnerships Policy (Exhibit “C”) 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. Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 20th May CMSLCA-26030CA 5. FORCE MAJEURE. If City is prevented from or interfered with in any manner whatever in fully performing its duties under this Agreement, by reason of any present or future law, regulation or order, act of God, earthquake, flood, fire, epidemic, accident, explosion, casualty, labor controversy (including 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 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 referred to as an “event of force majeure”), then City’s obligations under this Agreement 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, regardless of whether 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, anti-discrimination, and anti- retaliation 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. This Agreement is governed by the laws of the State of California. Any action at law or in equity brought to enforce a right or rights provided for by this Agreement will be tried in a state 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: B471AC33-564C-8307-80A4-3AAC069C5159 CMSLCA-26030CA 10. AUTHORITY. The individual(s) executing this Agreement and the instruments referenced in it on behalf of Sponsor represent and warrant that they have the legal power, right and actual authority to bind Sponsor to the terms and conditions of this Agreement. Executed by Sponsor this day of , 2026. corporation of the State of California corporation By: By: APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: CINDIE K. McMAHON Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 19 May CMSLCA-26030CA EXHIBIT “A” 2026 TGIF Concerts in the Parks Sponsorship Benefits Up and Comer ($1,500). Up and Comer sponsor shall be entitled to the following benefits: • Logo on shared entrance sign • Logo on promotional materials, including rack cards, website and social media • Mention in at least one social media post and news release • Opportunity to provide promotional materials at concerts at the Library & Cultural Arts booth Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 CMSLCA-26030CA EXHIBIT “B” TGIF Concerts in the Parks 2026 Schedule June 19 Stagecoach Community Park June 16 June 26 Stagecoach Community Park June 23 July 10 Stagecoach Community Park July 7 July 17 Stagecoach Community Park July 14 July 24 Calavera Hills Community Park July 21 July 31 Calavera Hills Community Park July 28 Aug. 7 Calavera Hills Community Park Aug. 4 Aug. 14 Alga Norte Community Park Aug. 11 Aug. 21 Alga Norte Community Park Aug. 18 Staff Contacts: Craddock Stropes, Cultural Arts Manager craddock.stropes@carlsbadca.gov, 442-339-2726 Terri Tooley, TGIF Coordinator terri.tooley@carlsbadca.gov, 442-339-2064 Cultural Arts office 442-339-2090 Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159      !"#$%&'()#*+',-',.',/$"0/,1"$)23&/,$2",45).46$)()7)23-)$*89:2";<44"$4@? AB > CD @A?ADA E AFGH AGA>DIJMNG HGA ACG>  GBG> GACBG@AGOCA GBG ;Q AFGHD AGA>DJ GQBA AQAB C A@DAHA DA GDDADAHA QOCG GACN>HGA GA>ABA G QGH G G DADADA Q AFGHD AGA>DDAHA Q??GGGTUVOWXUY =>DAG G G @@ADAON>>GDAHA GOD> GR QDO A C  BDBAA G GBB G@A>??AFAG>NB>AH>>GGQGQ G HQA @@CD>ADA Q AFGHD AGA>DD$'+.'()#* DDAC O ADA Q AFGHD AGA>D> BB\ACN A G>DAA@A> ,.',/$"0/,1"$)23&/,$2",45)._"2",/(&'()#*&,'`)4)'24G G>AGNDACHG@A NGHA GQ AFI H DGA>DAHGG GbAQQA  CAGHKDACE AFGH AGA>DaHAQG> NG B>HGA ACAC G@  G DD BH@OHA GOAGG G@AN>>GAAdB>GA GN>AGBGA G>DRDA GE AFGH AGA>DaHAQG @G>AG ------------------EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 City Council POLICY STATEMENT                 ! " #$!    " $!%  ! $$"$ &" "$     $ &   "!$&$!) $   + ,-  $  %   '    '  /  $ $ ! &     %  "     !   $ &   '  $!&  $ $  $   2)%   342( 45 $%$  "%    & ! $$   '   1& ! %$ %   $  ! - -  &   %  "%       '    & $ ! %   '       ! $ $      ' $%        !0  $   !  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( 01$B  ?@A> =>>=   >>> = DB@ >  @   D @> @ @>B ==  I >="G5 (6 01$'062',/$>>= >=@ B>= B@ CD@E @> @ ==  E JK  =>>=  ?@A>>=@LBME @> @  @= >   KN   > @M> P @ I> >@B@ = D  AB @> A B>=>S>  =  D S> OL>B ?>>E= >TBE @>    ?@A> @O =>>= >=@> @> >C=E  B  >>= B@E  ==  E JK   ?@A> =>>= > E=  VBB >     E> @OW >CXE>D  >  @  ?@A> =>>= D E=@@D>D@DD >@  >BA@ >@>EBB@OEA @  ==  E JK =  =>>=> @O=   ?@A>F>= EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159             !"" #$!%& $!"'  ( )(*( ++ ( + * ( ( ( *(-((( *.,/  (+)0  (,)( ,((,  *.  -*)( ,0* *.    (,)(*(+ +  ,  1 (,2(   * *( *.   ,,  / 34 78!9:!;<=>5?"% =2, 2 ((  )*( *0 , )0 /@ **,  1 (,=D9%=&E&F& &"=9G69<<$%&H; &9%=I;%;:"!G9!69!D9!; "I;!J" &%:8;! %",  1 (,   )(0 / * */ (  ' (  0 /(,(/ + +*   0*++,/  M(    *,  1,   * ,,,  1,,((   *,  +(, + 2(   *  ( **(   )0 * (((*) ,+,  1 ((10  (   ( ,,  / @,  1 ()* (((   **   *, ( * ,,   +(   ( ,,, *, (0 *(  *+      (+ ,  1 (,-( EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159            !"#!"$%&'$"(&%)*+,$"%*&"-.)#/##"!0$1- 2  3 45 6 774 7  8 373: 7 3 ;6< 5  63 3 45 6 7747 3793== 5>2?@A 3 87  87 3734 6 BC 33 : 5337 =66  3< 6 7 6  D76 3 3  6 < 66=EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 ------------------------ EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 (1~ CITY OF ~ CARLSBAD Council Policy Statement Category: CORPORATE MARKETING PARTNERSHIPS Policy No. Date Issued: Effective Date: Resolution No. Cancellation Date: Supersedes No. 79 2/11/14 2/11/14 2014-025 Specific Subject: Policy for Corporate Marketing Partnerships Utilizing City-Owned Assets PURPOSE: The City of Carlsbad has developed a Policy for Corporate Marketing Partnerships ("Policy") utilizing city-owned assets to generate revenue that can be used to enhance city services and facilities to benefit residents, visitors and businesses. BACKGROUND: "Corporate marketing partnerships" is an umbrella term to describe a variety of programs that enable corporate entities to support city programs, events and services while generating exposure for their brands among city audiences. Staff presented a proposed corporate marketing partnerships program to City Council for its consideration on July 16, 2013. The presentation and staff report, which include program descriptions, photos and examples, are available public records and can be obtained from the Office of the City Clerk or on the city website through the online document management system. City Council directed staff to develop the corporate marketing partnership policy. POLICY: I. Corporate Marketing Partnership General Policy Provisions A. The Policy contained herein will provide guidelines for allow.ing certain marketing opportunities (e.g. sponsorship recognition and/or commercial advertising) provided under Corporate Marketing Partnership Agreements that will enable the City to generate revenue to enhance services and facilities. B. This Policy is not applicable to gifts, grants, or unsolicited donations for which no benefits are requested by the donor and where no business relationship exists pursuant to a Corporate Marketing Partnership Agreement as defined herein. D. This Policy is not applicable to the naming of City facilities outside of a Corporate Marketing Partnership Agreement as defined herein. E. This Policy is not applicable to events authorized by a Special Events Permit issued by the City of Carlsbad to individuals or entities not otherwise involved in the Corporate Marketing Partnership Program. Page 1 of 10 (o EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 F. Conditions upon which assets have been endowed or bequeathed to the City must be adhered to at all times. G. No external LED signs are permitted as part of the Corporate Marketing Partnership Program. H. No Corporate Marketing Partnership Agreement shall impair or diminish the authority of the City and its responsibilities with respect to any municipal facility or event that is the subject of said agreement. I. This Policy shall be incorporated into any new Corporate Marketing Partnership Agreement entered into between the City and an interested party, including a party selected pursuant to a Request for Proposals ("RFP") as defined herein. J. Not all City events, facilities, or programs will be included in the Corporate Marketing Partnership Program. It will be left to the discretion of the City Manager and applicable Department Director or Directors as to whether a specific City event, facility, or program will be included in the Corporate Marketing Partnership Program. K. Notwithstanding the establishment of this Corporate Marketing Partnership Policy, the City will continue to permit community partners to establish independent Sponsorship recognition programs in City parks and facilities. Such programs shall remain subject to City approval (including any applicable Commission approval(s)) on a project-by­ project basis and shall be documented in conjunction with the execution of an applicable project license, lease, or cooperation agreement. The City's approval of such a program in connection with one or more projects in a park or facility does not preclude the inclusion of other Assets in the same park in a particular RFP pursuant to this Corporate Marketing Partnership Policy. L. This Policy shall be effective immediately, but it shall not be enforced so as to impair the obligations of any agreement in effect at the time of its approval. II. Definitions. For the purpose of this Corporate Marketing Partnership Policy, the following definitions shall apply: "Advertising" means visual communication from an identified source that directs the public's attention to a particular product, service, program, or idea, which may include the City's own messages. For purposes of the Corporate Marketing Partnership Policy, all third-party (i.e. Non­ City) advertising on or for City Assets is limited to Commercial Advertising as defined herein. "City Assets" are items of tangible and intangible value owned by the City, including, but not limited to, facilities, vehicles, programs, activities, events, contracts, purchases, and proposed capital improvements. City Assets, currently identified by the City, acting as a proprietor, for potential Sponsorship or Commercial Advertising opportunities associated with the Corporate Marketing Partnership Program are enumerated in this Policy. Additional details regarding available City Assets will be listed in an applicable RFP. Page 2 of 10 1 EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 "Commercial Advertising" is visual communication that d_irects the public's attention to a particular business, product or service or other commercial activity and/or proposes a commercial transaction. The Commercial Advertising must contain only expressions or identification of a product or service related to the economic interests of the advertiser and its audience . . "Corporate Marketing Partnership" means a mutually beneficial business arrangement between the City and a Person, wherein the Person provides cash, in-kind goods or services and/or other resources to the City in exchange for an agreed upon set of rights and entitlements regarding use of specified City Assets for Commercial Advertising and/or Sponsorship arrangement. "Design Criteria Standards" are a set of design guidelines relating to the appearance of Advertising and/or Sponsorship opportunities available for City Assets designated in this Policy and/or an applicable RFP. Design Criteria Standards will specify size, placement/location, and aesthetic limitations for Corporate Marketing Partnership opportunities in accordance with this Policy and applicable law. Some Design Criteria Standards are described in this Policy; others may be included in a specific RFP. Design Criteria Standards will be described in each Corporate Marketing Partnership Agreement and subject to the approval of the City Council. "In-kind Contribution" means a gift other than cash or real property that would serve a useful purpose in the provision of City services. Examples of in-kind contributions include equipment, materials, products, or services. "Corporate Marketing Partnership Agreement" is a written contractual relationship with a Person for a specified term, which clearly indicates the contribution, the contribution value, and the obligations of the Person in consideration for Partnership or Sponsorship recognition as determined by the City and/or for Commercial Advertising access and/or use of clearly identified City Assets and any resulting obligations of the City. All Corporate Marketing Partnership Agreements shall be for a defined period of time having regard to the value of the Advertising/Sponsorship and, where applicable, the life of the affected Asset. All Corporate Marketing Partnership Agreements are subject to the provisions of this Policy and will be subject to approval of the City Council. A Corporate Marketing Partnership Agreement may address one or more City Assets. "Corporate Marketing Partnership Program" or "Program" refers to the implementation of this Policy. "Person" means any individual, firm, association, organization, partnership, business trust, corporation, or company. "Sponsorship" means a mutually beneficial business arrangement and/or Partnership between the City and a Person wherein the Pe'rson provides financial support and/or in-kind contributions or other accepted resources to underwrite or benefit a specific City Asset or to assist the City in raising revenue for operating and capital needs in return for a benefit, which can include sponsorship recognition as further defined in this Policy. Sponsorship may also Page 3 of IO EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 grant a sponsor with a limited right to associate the sponsor's name, products, or services with the City or a City asset subject to the guidelines and requirements of this Policy. Ill. Sponsorships A. Purpose Pursuant to this Corporate Marketing Partnership Policy, the City may decide to seek sponsorships for designated city assets, including programs, projects, events, facilities, and activities. The City retains sole discretion to choose those sponsors with whom it will associate itself. The City does not intend to permit and will not permit this Policy or any sponsor recognition provided for herein to become a public forum. By adopting this Policy, the City is acting as a proprietor and not as a regulator. The City is engaged in government speech when it accepts Sponsorships and when it chooses to provide sponsor recognition. The purpose of this Policy is NOT to communicate views of sponsors; rather it is to: 1) generate revenue to enhance City's programs, activities, events, services, facilities and capital improvements for City property; 2) to acknowledge such funding; and 3) to provide identification of its sponsors to the public. B. Sponsorship Guidelines 1. The City reserves the right to accept or reject any and all potential Sponsorship offers made in response to an RFP issued pursuant to this Policy. 2. Decisions to accept or reject proposed Sponsorships will not be made on the basis of the sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation of the proposed Sponsor. 3. By accepting a Sponsorship or by entering into a Corporate Marketing Partnership Agreement, the City does not limit its ability to accept any other Sponsorship or to enter into Corporate Marketing Partnership Agreements with similar sponsors. 4.. Persons entering into Corporate Marketing Partnership Agreements with the City pursuant to this Policy shall not be given preferential treatment outside of the acknowledgements otherwise permitted pursuant to this Policy and the relevant Corporate Marketing Partnership Agreement. Sponsors will not receive extra consideration with respect to any City procurement, any regulatory activities of the City, or other City business by providing a Sponsorship. No City employee or City official is authorized to offer any such extra consideration to a sponsor. 5. Pursuant to any applicable Corporate Marketing Partnership Agreement, the City reserves the right to terminate any Sponsorship should conditions arise during the life of that Sponsorship that result in the Sponsorship conflicting with this Policy or the Sponsorship no longer being in the best interests of the City. Final approval of decisions to terminate a Sponsorship shall be made by the Communications Manager. 6. Sponsorship recognition shall not interfere with the city operations, operation of equipment, the provision of services or worker safety. Page 4 of 10 EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 7. This Policy seeks to provide a benefit to all city residents, businesses and visitors without diminishing the image of City services, facilities and programs. 8. The City reserves the right to decline to offer particular City Assets for Sponsorship opportunities and to revise this Policy as deemed necessary to add or remove City Assets from the available Corporate Marketing Partnership pool. 9. If the proposed Corporate Marketing Partnership Agreement includes naming rights to or in a park or facility, the Communications Manager shall inform and consult with the Director with jurisdiction over the subject park or facility on the appropriateness of the proposal. If necessary, the Communications Manager may consult a qualified third party to assist with determining the value of such naming rights. C. Sponsor Recognition 1. The City's recognition of any sponsor is provided to convey its appreciation for the sponsor's support of City services and facilities. 2. Any accepted Sponsorships will be acknowledged in a manner commensurate with the value of the Sponsorship to the City. The City will determine on a case-by-case basis what Sponsorship recognition is appropriate for a particular opportunity. 3. The City retains all editorial control of details regarding sponsor recognition, including the placement and/or display of the sponsor's name and/or other identifying symbol (such as the sponsor's logo) on promotional materials or other City Assets if permitted by applicable law and consistent with the Design Criteria Standards. A sponsor will have no design/content approval rights, other than to approve the use of its logo/intellectual property if deemed permissible by the City and applicable law. 4. Sponsorship recognition shall only be placed on City Assets after final execution of a Corporate Marketing Partnership Agreement, which shall set forth any agreed­ upon Sponsorship recognition. 5. Potential Sponsorship opportunities may include recognition of the sponsor in City news releases, promotional/printed materials, onsite promotion and recognition on one or more City Assets, booth space at a City special event, and/or naming rights. All such Sponsorship recognition shall be consistent with this Policy and any applicable Design Criteria Standards developed in conjunction with this Policy. 6. Sponsorship recognition messages do not constitute an endorsement by the city of any product or service of its sponsors. 7. The form of any on-site sponsor recognition shall be of appropriate size and color, shall not detract from surroundings or any interpretive messages, and shall be subject to review by city Boards and Commission where applicable and must conform to the Design Criteria Standards developed in conjunction with this Policy. Page 5 of 10 \D EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 8. All Corporate Marketing Partnership Agreements shall be subject to legislative approval of City Council. IV. Commercial Advertising A. Purpose This Section of the Corporate Marketing Partnership Policy provides the framework for Commercial Advertising. This Policy is intended to include objective standards (as described in this policy), which are to be incorporated into any applicable RFP by the City without respect to viewpoint. It is the City's further declared intent that the Commercial Advertising portion of the Corporate Marketing Partnership Program and designated City Assets defined in this Policy are nonpublic forums that are not intended or open for dissemination, debate, or discussion of public issues whatsoever. to: Limiting Advertising in accordance with this Policy among other things, allows the City 1. Avoid non-commercial advocating to a "captive audience" of the public in attendance at a City facility or program; 2. Maintain a position of neutrality on political, religious and other debatable noncommercial subjects and issues; 3. Limit the likelihood of potential vandalism and destruction on City property; 4. Prevent potential violations of the Establishment Clause (part of the First Amendment of the Constitution prohibiting the "establishment of religion"); 5. Prevent potential election campaign law violations; 6. Acknowledge the constitutional prohibition on viewpoint-related discrimination regarding Commercial Advertising in nonpublic forums; 7. Maximize income potential from commercial advertisers who prefer not to use the same forum as persons wishing to communicate non-commercial messages. B. Guidelines for Commercial Advertising: 1. Only Commercial Advertising (as defined herein) will be allowed on City Assets designated in this Policy except the Advertising of City-sponsored or co-sponsored events or City services. The only City Assets available for Commercial Advertising are the non-public forums designated herein and/or in an applicable RFP. Page 6 oflO EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 2. Non-commercial advertisements that add an offer to purchase some item to the otherwise non-commercial message are not permitted pursuant to this Policy and will not be deemed to convert the advertisement to commercial speech. 3. No moving or animated parts will be permitted in Advertising. 4. Commercial Advertising shall only be placed on designated City Assets after final execution of a Corporate Marketing Partnership Agreement. 5. The City reserves the right to require that Commercial Advertising include a disclaimer stating that the Advertising is not sponsored by the City and/or does not necessarily reflect the views of the City and does not constitute endorsement or recommendation by the City. 6. All Commercial Advertising must clearly identify a "Person" paying for the Advertising or causing the Advertising to be placed on a City Asset. Website addresses and/or phone numbers by themselves are insufficient to satisfy this requirement. C. Prohibited Advertising In order to increase its ability to earn revenue from certain categories of advertisers, and to ensure that its assets and resources do not promote the use of certain adult and/or regulated items to juveniles and others, the City will further prohibit Advertising on City Assets relating to the following categories of products and/or companies. 1. Advertising for illegal products, services or activities will not be permitted. 2. No political speech will be permitted, including but not limited to Advertising by political candidates for public office, by political organizations or concerning ballot issues. No Advertising regarding religious, philosophical, or other beliefs will be permitted. 3. Advertising that violates any federal, state or local law will not be accepted. 4. Advertising that is false, misleading, defamatory, or deceptive will not be permitted. 5. No obscenity will be permitted. For purposes of this Commercial Advertising Policy, "obscenity" shall include "obscene materials" as defined in state law, Penal Code 311 ("obscene matter"). 6. Advertising that is profane, vulgar, abusive, and/or otherwise presents a clear- and-present danger of causing a riot or other imminent threat to public safety will not be permitted. 7. Advertising that infringes on any copyright, trade or service mark, slogan, title, publicity right, or Visual Artists Rights Act of 1990 (VARA), 17 U.S.C.§106A will not be permitted. Page 7 of 10 EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 8. Advertising that duplicates or mimics the identity of programs of the City (without City involvement) will not be permitted. 9. Advertising on City Assets relating to the following categories of products and/or companies whose business is substantially derived from the sale or manufacture of: alcohol, tobacco, firearms, weapons, and/or sexually oriented businesses will not be permitted. For purposes of this Policy, a "Sexually Oriented Business" shall be defined as a business having a business establishment or concern that as a regular and substantial course of conduct offers, sells or distributes "adult oriented material" or "sexually oriented merchandise," or that offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by state law. Examples of Sexually Oriented Businesses include: adult retail stores; adult live entertainment; adult cabarets; adult motel or adult hotels; adult motion picture theaters; or nude model studios. 10. Advertising that contains websites or telephone numbers that direct viewers to websites or access to materials that otherwise violates this Policy or applicable law will not be permitted. 11. Advertising that includes words such as "STOP," "DANGER" or "WARNING" in bold letters or otherwise in a way that it may cause distractions to drivers along the public right of way will not be permitted. 12. Any Advertising that, if posted by itself or in combination with other Advertising, would cause the affected City Asset or Corporate Marketing Partnership Program to become a public or designated public forum will not be permitted. Additional limitations are set forth in Section V below discussing specific City Assets and/or may be included in any Design Criteria Standards that are implemented in conjunction with this Policy. V. City Assets Available for Corporate Marketing Partnership Opportunities and Additional Specified Limitations A. City Owned Vehicles 1. Where Sponsorship or Commercial Advertising is permitted for City-owned vehicles, the vehicle must still be identifiable as a City of Carlsbad vehicle. B. City Mailings 1. Use of Commercial Advertising or Sponsorship recognition in mailings or other City distributions must comply with federal, state, and local law and the standards for Sponsorship under the Corporate Marketing Partnership. C. City Buildings and Parks Page 8 of 10 EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 1. Sponsorship recognition is permitted only for specified City-owned buildings and parks as determined in the applicable RFP. 2. No Sponsorship or Commercial Advertising is permitted on the exterior of City Hall or other City buildings accommodating City Departments, Police, Fire or EMS Stations and/or Facilities, or Historic Landmarks as defined in CMC Chapter 22.02. 3. The City will have final discretion over the ratio of the sponsor's name in comparison to the City's name, with the City's name/existing reference to the City Asset being prominent and proportionate to the size of the building or structure. 4. Static Commercial Advertising and/or Sponsorship recognition is permitted inside City-owned buildings only in those non-public forum areas specified by an applicable RFP. a. No Commercial Advertising or Sponsorship recognition shall be permitted inside the City Council Offices, or in any room, City Council chambers, and/or quasi-judicial chambers in which hearings are heard. b. No Commercial Advertising or Sponsorship recognition will be permitted on windows or in window wells. 5. Permitted locations for vending machines or other distribution of food/beverages will be included in an applicable RFP. 6. Temporary Sponsorships and/or temporary Commercial Advertising is permitted on waste or recycle receptacles or on banners. Booths dispensing products or literature will also be permitted. D. Street Furniture The City has a vested interest in the traffic safety and aesthetics relating to its streetscape, including those City Assets and/or public street furniture over which the City has contractual supervision. Sponsorship recognition and/or Commercial Advertising are permitted on the City owned and/or City contractually supervised street furniture in conformance with any applicable Corporate Marketing Partnership Design Criteria Standards and/or other criteria as specified in an applicable RFP. • E. City Programs/Events Department Directors shall have the discretion to determine whether a specific City program or event will be included in the Corporate Marketing Partnership. VI. Responsibilities of Communications Manager for Corporate Marketing Partnership All Corporate Marketing Partnership Program activities will be coordinated by the Communications Manager. The Communications Manager will be responsible for all of the following: Page 9 of 10 EXHIBIT "C" Docusign Envelope ID: B471AC33-564C-8307-80A4-3AAC069C5159 Policy No. 79 1. Conducting a citywide effort to publicize this Policy and the Corporate Marketing Partnership Program. 2. Recommending appropriate marketing opportunities. 3. Assisting in the creation and implementation of specific Design Criteria Standards • beyond what is included in this Policy. City Council will review and approve any additional Design Criteria Standards as part of the approval of each Corporate Marketing Partnership Agreement. 4. Reviewing and assisting in the development of Corporate Marketing Partnership Agreements. 5. Working with a consultant, as applicable, to enter into Corporate Marketing Partnership Agreements. 6. Providing assistance and guidance to City departments regarding the application and implementation of this Policy. 7. Assisting appropriate departments with administration and monito_ring of agreements developed through the Program. 8. Maintaining a list of all Corporate Marketing Partnership Agreements. 9. Providing an annual report to the City Council on all Corporate Marketing Partnership agreements. Page 10 of 10