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HomeMy WebLinkAboutNicholas Sitar dba Anthology Live; 2017-03-29; September 3, 2020 Mr. Nick Sitar Anthology Live 32697 Bodley Court Temecula, CA 92592 Dear Mr. Sitar, On January 27, 2020, you entered into the third amendment of a professional agreement dated originally March 17, 2017, to provide concert production services at the “TGIF Concerts in the Parks” series. By way of this letter and an email notification, the City of Carlsbad is hereby tendering written notice to terminate the “TGIF Concerts in the Parks 2020” the amendment that was executed January 27, 2020. Per the agreement, termination is addressed in section 21. Due to the unprecedented COVID-19 pandemic, the entire season was cancelled by city leadership on May 19. Along with all TGIF vendors, you were notified of the city’s decision on May 20. On May 27, you submitted a final invoice in the amount of $12,930. In reviewing the documents that you submitted associated with the financial obligations incurred, staff determined you provided sufficient support for the payment of the April 1 invoice received on May 27, and is in alignment with agreement language. As per the agreement, the original compensation was not-to-exceed $64,400 dollars. As stated in amendment no. 3 scope of work, if the Producer is unable to satisfactorily produce any of the nine concerts and the City has paid the fees in advance, the Producer shall forthwith return to the City $3,930 per concert not produced. The TGIF Concerts in the Parks series included nine concerts, totaling $35,370. The city paid invoice#1117A $16,100 on February 6, 2020 leaving a balance of $12,930. Final payment will be made on invoice#1120 $12,930 in early September 2020 to complete the City’s financial obligation under the agreement. Thank you for providing quality entertainment that has enriched the community’s concert experience each summer since 2017. While this season took an unexpected turn, we appreciate the expertise and assistance you provided throughout the season planning. Here’s to your continued success. Sincerely, Suzanne Smithson Library & Cultural Arts Director Attachment: Nicholas Sitar DBA Anthology Live Agreement & Amendments APPROVED AS TO FORM: For Celia A. Brewer, City Attorney BY: Deputy City Attorney Carlsbad City Library & Cultural Arts 1775 Dove Lane  Carlsbad, CA 92011  760-602-2049 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR CONCERT PRODUCTION SERVICES NICHOLAS SITAR DBA ANTHOLOGY LIVE -,,~ This Amendment No. 3 is entered into and effective as of the i1 +\.,,.._day of ::JU\J\.\A.d\r ~ , 2020, extending and amending the agreement dated March 29, 2017 (the "Ag ment") by and between the City of Carlsbad, a municipal corporation, ("City"), and Anthology Live, ("Producer") for concert production services. RECITALS A. On January 19, 2018, the Parties executed Amendment No. 1 to the Agreement to extend and amend the Agreement to produce 2017 TGIF Concerts in the Parks for a period of one year ending January 21, 2019; and 8. On January 18, 2019, the Parties executed Amendment No. 2 to the Agreement to extend and amend the Agreement to produce 2018 TGIF Concerts in the Parks for a period of one year ending January 21, 2020; and C. The Parties desire to amend and extend the Agreement for one (1) year to include specific changes to the Scope of Work and payment schedule. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Producer agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Producer will provide those services described in Exhibit "A" and Exhibit "B." 2. The total not-to-exceed amount associated with this Amendment No. 3 is sixty-four thousand four hundred dollars ($64,400). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies and business license are to be maintained by the Producer pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. \\\ \\\ \\\ \\\ \\\ City Attorney Approved Version 1 /30/13 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Producer each represent and warrant that th have the legal power, right and actual authority to bind Producer to the terms and conditions ft is Amendment. PRODUCER By: N~ Srll'll-~ (sign here) (print name/title) By: (sign here) (print name/title) F CARLSBAD, a municipal . ....._......_ ... tion of the State of California By: City Manager ATTEST: r;l: j, (),. QL(iz;;;;, BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Producer must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B 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: CELIA A. BREWrt/1-Y Attorney !Z,t~1 ~ BY: __________ _ Assistant City Attorney City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE 1. Contractor's Contact Information: a. Name: Nick Sitar b. Address: 32697 Bodley Court, Temecula, CA 92592 c. Email: Nick@anthology-live.com d. Phone: 619-616-1484 2. TGIF Concerts in the Parks Season Schedule of Events -Nine (9) Concerts: a. Location: Stagecoach Community Park, 3420 Camino De Los Caches i. Event Dates: Fridays, June 19, June 26 and July 3, 2020 b. Location: Poinsettia Community Park, 6600 Hidden Valley Road i. Event Dates: Fridays, July 10 and July 17, 2020 c. Location: Calavera Hills Community Park, 2997 Glasgow Road i. Event Dates: Fridays, July 24 and July 31, 2020 d. Location: Alga Norte Community Park, 6565 Alicante Road i. Event Dates: Fridays, Aug. 7 and Aug. 14 3. TGIF Concerts in the Parks Daily Schedule of Events: DAILY SCHEDULE FOR ALL EVENTS Sound Crew on Site for Setup Deadline Sound Equipment Set Up for Event Deadline Producer on Site Deadline Sound Check Complete Deadline Staff Announcements and Preshow Carlsbad Friends of the Arts Announcements Concert Announcements and Introduction TGIF Concert Beains TGIF Concert Ends Last Encores must be started Carlsbad Friends of the Arts Opportunity Drawina Performing Artist Equipment Removed from Staae Deadline Sound Equipment Removed from Staae Deadline TIME 12:00 PM 2:00 PM 1:00 PM 4:00 PM 5:15 PM 5:30 PM 5:50 PM 6:00 PM 7:30 PM 7:35 PM 7:40 PM 8:30 PM 9:30 PM City Attorney Approved Version 1/30/13 3 4. Producer Services: a. Performing Artist Selection i. Perform production duties on behalf on the City of Carlsbad and TGIF Concerts in the Parks. ii. Attend performing arts presenting conferences with City of Carlsbad Cultural Arts Office staff. iii. Curation of performing artist choices by genre for review by TGIF Committee. Artist curation will be guided and align by the TGIF Concerts in the Parks Artistic Vision. iv. Final selection of performing artists for TGIF Concerts in the Parks will be selected by the TGIF Programming Committee, comprised of Event Producer and city staff. v. Confirm contracted services by nine (9) music ensembles in alignment with TGIF Programming Committee and TGIF Concerts in the Parks Artistic Vision Statement thirty (30) days after execution of agreement. vi. Provide final list of groups, including biographies, publicity information, high resolution photographs on all performers to City no later than forty-five (45) days after execution of agreement. vii. 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) and logistical considerations for all events. Contractor will receive approval in writing within thirty (30) days of receiving final Contractor's list of groups. b. Performing Artist Liaison i. Producer will act as main contact and provide artist management and hospitality duties for all performing artists prior to and on-site during events ii. Provide a cooler of non-alcoholic beverages for performers and sound production crew at each concert, appropriate for number of performers contracted per event c. Performing Artist Guidelines i. Performance Content: The Contractor represents and warrants that its Performance 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 approvals to perform copyrighted works have been obtained. Contractor agrees to indemnify, defend City Attorney Approved Version 1/30/13 4 and save harmless the City against any copyright claim, demand, liability or expense caused by or arising out of its Performance. Contractor shall be solely responsible for the content of the Performance. 11. Subject Matter: Contractor agrees to 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 Contractor because of violation of this paragraph, City shall not be liable to Contractor for the balance owed under this Agreement and all monies paid to Contractor shall be full and complete payment of Contractor's services. In the event of this occurrence, City shall not be deemed to be in breach of this agreement. iii. 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. 1v. Artists will not at any time allow any audience members on stage or take requests for dedications or any other messages from audience to be announced from the stage. v. Parking will be negotiated between City, Producer and guest artist prior to each event and included in artist contract(s). vi. Guest artists may sell merchandise with no percentage of sales or other obligation due to the City. Merchandise will adhere to performance content and subject matter guidelines. City staff may not assist in sales of merchandise. d. Sound Production i. Will provide adequate and appropriate sound system and operation equipment, suitable to cover up to 3,500 people. Producer will provide adequate and appropriate sound engineer personnel to conduct all sound services necessary to all satisfactory presentation of concerts and applicable preshow entertainment, including all concert set-ups and break-downs of music and sound equipment. City Attorney Approved Version 1/30/13 5 ii. Will select a sound production subcontractor for all TGIF Concerts in the Parks events, including up to nine (9) preshow events, eight (8) weeks prior to the start of the Concerts in the Parks series. e. Event Logistics i. Producer will coordinate during events with event staff to ensure proper implementation of emergency protocols involving performing artists, sounds production crew and on-stage operations, including but not limited to: 1. Lost Child Protocol 2. Emergency Action Plan(s) f. Event Producer Terms: i. City AudioNideo Recording: City reserves the right to audio and/or video record any lecture, reading or speaking engagement; including live streaming the event to any location(s) owned and/or controlled by the City; but not any musical concert or musical Performance. 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 copies of the recordings. City shall not sell the recording. City shall provide a copy of the recording to the Contractor, upon the Contractor's request. ii. Weather and Other Types of Cancellations of Activities/Performances: If Performance is canceled by City due to inclement weather, acts of God, acts or any other reason, while Contractor is traveling to or is already at Venue Site, but has not yet performed, City will pay Contractor Contractor's out-of-pocket travel expenses to the Venue Site. In the event that a storm should develop while Contractor is at the Venue Site and has already set up or is in the process of setting up Contractor's equipment, City and Contractor will discuss whether the Performance should be cancelled. If the Performance is cancelled, Contractor shall be entitled to full payment. City Attorney Approved Version 1 /30/13 6 5. Fees Schedule a. Payment Schedule First Payment $16,100 February 1, 2020 Second Payment $16,100 April 1, 2020 Third Payment $16,100 June 1, 2020 Fourth Payment $16,100 August 1, 2020 TOTAL PAYMENT $64,400 1. No other compensation for services will be allowed. No individual payment shall be less than twenty percent (20%) of the total fees payable. No individual payment shall be more than thirty percent (30%) of the total fees payable. ii. All invoices shall be submitted to Community Arts Coordinator Megan Gilby and shall be sufficiently detailed to include related residency activities and costs. All work will be verified by Community Coordinator Megan Gilby or designee. Final invoice approval will be completed by the City's Library & Cultural Arts Director or designee. iii. 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 concerts called for herein, City shall be entitled to a credit against any payment owed by the City to Producer in the amount of Three thousand nine hundred thirty dollars ($3,930) per concert. If City has paid any of the fees in advance, Producer shall forthwith return to City three thousand nine hundred thirty dollars $3,930 per concert. City Attorney Approved Version 1/30/13 7 EXHIBIT "B" TGIF Concerts in the Parks Artistic Vision Introduction: An original program of the City of Carlsbad Cultural Arts Office, TGIF Concerts in the Parks have provided summer concerts in beautiful Carlsbad parks since 1986. These events have featured hundreds of musical artists for 35 years and brought together a community who values free, fun and engaging cultural events. That same community has helped TGIF grow to have reputation as one of the leading music events in north San Diego county. As a public program, TGIF Concerts in the Parks reflects the high standards and commitment of the City of Carlsbad to arts and culture in the community. Through the Cultural Arts Office, staff continually strive to provide and make connections throughout the community through arts education, visual arts and performing arts programs. With an emphasis on presenting accessible, diverse and dynamic arts experiences for all ages, the City of Carlsbad's Cultural Arts Office works to bring people together to create a community in celebration of arts and culture. TGIF Mission: Presenting engaging and dynamic arts and culture events (in Carlsbad parks) by providing diverse high-quality musical performances complemented by creative and educational experiences (throughout the summer). TGIF Vision: Bringing people together in a shared musical experience that celebrates diversity and samples an array of styles and genres. TGIF Values or Goals: • Aligning with the mission, vision and values of the City of Carlsbad's Cultural Arts Office, including initiatives in the Arts & Culture Master Plan (2018) • Expands music offerings in Carlsbad while enhancing the quality of cultural life • Present talented artists of high caliber and from a diverse array of genres through careful curation with variety and balance • A commitment to events that are accessible for a wide variety of audiences, including providing all events and programming for free • Commitment to safety for all events, audiences, artists and staff • Creating a sense of community in Carlsbad through providing an enjoyable atmosphere at each event • Providing opportunity for audiences to enjoy and participate in new artistic, creative and educational experiences for the whole family • Ensure all events provide exceptional quality and outstanding artistic productions • Dedicated to presenting a variety of diverse artistic expression and styles • To cultivate collaboration and cooperation with partners, artists and community • To inspire and encourage the unique, innate and creative nature of everyone • Opportunities for emerging artists to perform for new audiences City Attorney Approved Version 1 /30/13 8 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 • Awareness of other programs being presented in the region City Attorney Approved Version 1/30/13 9 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 01/22/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephen Webber NAME: 2391 S. Melrose Drive r.~~N~~ c-,. (760) 547-2626 I FAX IA/C Nol: (760) 547-2627 2391 S. Melrose Drive E-MAIL megan2@alohawestinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Vista, CA 92081 ·----------~RA: Mesa Underwriters _§_pecialty lnsurance_(::CJ_111pany ------------- INSURED INSURER B: Nicholas Sitar OBA Anthology Live INSURERC: Starstone National Insurance Company INSURER D: INSURERE: United States Liability Insurance Company Temecula CA INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ----- -ADDL SUBR -----------POLICYEFF --------------INSR POLICY EXP LTR TYPE OF INSURANCE •••~n ,.n,n POLICY NUMBER IMMIDD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 -D CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence I $ 100,000.00 MED EXP (Any one person) $ 5,000.00 - A y y M P0004008013831 03/09/2019 03/09/2020 PERSONAL & ADV INJURY $ 1,000,000.00 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000.00 29 □PRO-□LOC PRODUCTS -COMP/OP AGG $ 2,000,000.00 POLICY JECT ' OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ --_(I;_~ accident) ANY AUTO BODILY INJURY (Per person) $ -O'NNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY ~ AUTOS HIRED NON-OWNED ~ROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident) ~ ~ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ ---OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~St~(~ri~ 'c;'/'gPERATIONS below E.L. DISEASE -POLICY LIMIT $ Professional Liability $1,000,000 E SP1565575B 03/09/2019 03/09/2020 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remari<s Schedule, may be attached if more space is required) The City of Carlsbad, its officers, employees, volunteers and agents are additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 1200 Carlsbad Village Drive AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 <34,_,d _ F~,c__ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP0004008013831 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT .CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanlzatlontsl: Locatlonls) Of Covered Operations The City of Carlsbad, Its officers, employees, volunteers, and agents All Operations Information reauired to comolete this Schedule if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury• caused. in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the localion(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional lnsured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 0704 @ISO PToperties, Inc., 2004 Page 1 of1 0 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE l,_-----+~""-'~'=Jk.J-==---\.>-=-· _____,,,'.$~~'-'--"-""'----' am the ___ t:l.0~· ~•~~;fl_~------ [insert name] [title] of _ __,_A-\-'-'.N:ffi"'--'-,-'-'-"t)l,=>:r:J;iUA' ~_,_------""C.l-\--'-✓'-C ___ _ I hereby certify that ~i..CC,'-/ L,NC [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should ____ ...,.A_,,_f\IDL.:..:..., "'°=._,,lQ ..... 6-J,,.N+. _l...._._, v.,,.. .......... ;; _____ employ any person [ name of company] during the term of the Agreement with the City of Carlsbad for $v~M0l. ( Q~q;Q T ye.ap\ll~ ... [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. [Name] [Title and name cof company or corporation] AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR CONCERT PRODUCTION SERVICES NICHOLAS SITAR DBA ANTHOLOGY LIVE S This Amendment No. 2 is entered into and effective as of the \ ~ day of a,.\/\~ , 2019, extending and amending the agreement dated March 29, 2017 (ttie«Aire ent") by and between the City of Carlsbad, a municipal corporation, ("City"), and Anthology Live, ("Producer") for concert production services. RECITALS A. On January 19, 2018 the Parties executed Amendment No. 1 to the Agreement to extend and amend the Agreement to produce 2017 TGIF Concerts in the Parks for a period of one year ending January 21, 2019; and B. The Parties desire to amend and extend the Agreement for one (1) year to include specific changes to the Scope of Work and payment schedule. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Producer agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Producer will provide those services described in Exhibit "A". 2. The total not-to-exceed amount associated with this Amendment No. 2 is sixty-two thousand, one hundred fifty dollars ($61,000) 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Producer pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Producer each represent and warrant that they have the legal power, right and actual authority to bind Producer to the terms and conditions of this Amendment. PRODUCER (sign here) tJ«_ $1"[A/l J ~ (prin name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: \lumaN> K:rn .. 7iln«v ~~BARA ENGLESON v-v1Ly Clerk If required by City, proper notarial acknowledgment of execution by Producer must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B 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: City Attorney Assistant City Attorney City Attorney Approved Version 1 /30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE • Producer will produce nine (9) concerts for the City; Concert Date Park Name Park Location # 1 June 21 Stagecoach Community Park 3420 Camino de los Caches, Carlsbad CA 92009 2 June 28 Stagecoach Community Park 3420 Camino de las Caches, Carlsbad CA 92009 3 July 5 Stagecoach Community Park 3420 Camino de las Caches, Carlsbad CA 92009 4 July 12 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad CA 92011 5 July 19 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad CA 92011 6 July 26 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA 92010 7 August2 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA 92010 8 August 9 Alga Norte Community Park 6565 Alicante Road, Carlsbad CA 92009 9 August 16 Alga Norte Community Park 6565 Alicante Road, Carlsbad CA 92009 • Producer will act as main contact and provide artist management and hospitality duties for all performing artists prior to and on-site during events. • Producer will confirm contracted services by nine (9) music ensembles in a variety of music styles within the given criteria of the TGIF Concerts in the Parks Mission & Vision Statement no later than April 15, 2019. • Producer will contract performers, and provide final list of groups, biographies and publicity information (including photographs) on the performers to the City no later than April 15, 2019. • Producer will confirm sound production services provider for all TGIF concerts, including up to nine preshow events, no later than May 15, 2019. • Producer will provide a cooler of non-alcoholic beverages for performers and sound production crew at each concert. • Producer will provide adequate and appropriate sound system and operation equipment, suitable to cover up to 4,000 people. Producer will provide adequate and appropriate sound engineer personnel to conduct all sound services necessary to all satisfactory presentation of concerts and applicable pre-show entertainment, including all concert set-ups and break-downs of musical and sound equipment. City Attorney Approved Version 1/30/13 3 • Increase in Producer payment due to increased cost of sound production services, including supporting pre-show activities presented by the Cultural Arts Office, as well as conference attendance requirement. • The total fees payable shall be $61,000. No other compensation for services will be allowed. No individual payment shall be less than twenty percent (20%) of the total fees payable. No individual payment shall be more than thirty percent (30%) of the total fees payable. All work will be reviewed and invoices approved by Cultural Arts Manager or designee. First Payment: Second Payment: Third Payment: Final Payment: Total Payment $18,250 $14,250 $14,250 $14,250 $61,000 March 1, 2019 May 1, 2019 July 1, 2019 August 1, 2019 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 concerts called for herein, City shall be entitled to a credit against any payment owed by the City to Producer in the amount of $6,778 per concert. If City has paid any of the fees in advance, Producer shall forthwith return to City $6,778 per concert. City Attorney Approved Version 1/30/13 4 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 03/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephen Webber NAME: Aloha West Insurance Agency f,.~~N_\:_ "xt'· (760) 547-2626 I FAX iAJC Nol: (760) 547-2627 PO Box 128 ~:.MJl.!I::_ __ steve@aloha12.com Carlsbad, CA 92018 INSURER/SI AFFORDING COVERAGE NAIC# Phone (760) 547-2626 Fax (760) 547-2627 INSURER A: Mesa Undeiwriters Specialty Insurance Company INSURED INSURER B: Nicholas Sitar DBA Anthology Live INSURERC: Starstone National Insurance Company 31003 Corte de los Santos INSURER D: INSURER E: United States Liability Insurance Company Temecula CA INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDl SUBR ,:~Mg~, ,:g~61>~1 LIMITS LTR IOJ<:D W\tn POLICY NUMBER ~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 □ CLAIMS-MADE ~ OCCUR ~~~~~iJ9E~Eo~J~r~encel $ 100,000 □ MED EXP (Any one person $ 5,000 A □ y y MP0004008012340 03/09/2018 03/09/2019 1,000,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 .I ~ POLICY □ PRO-JECT □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 □ OTHER $ AUTOMOBILE LIABILITY fE~~~~7d~~t?INGLE LIMIT $ □ ANYAUTO BODILY INJURY (Per person) $ □ fifi.~ioONLY □ SCHEDULED AUTOS BODILY INJURY (Per accident) $ □ ..tt\%~0NLY □ NON-OWNED f PRe9~~c"fci~RAMAGE $ AUTOS ONLY □ □ $ □ UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 3,000,000 C ~ EXCESS LIAB □ CLAIMS-MADE y 73984D180ALI 01/16/2018 01/16/2019 AGGREGATE $ 3,000,000 I □ OED □ RETENTION $ $ WORKERS COMPENSATION □ ~~~TIITF DOTH- AND EMPLOYERS' LIABILITY YIN l=R ANY PROPRIETOR/PARTNER/EXECUTIVtJ E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L DISEASE -EA EMPLOYE $ If yes, describe under E.L DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below $ $1,000,000 E Professional Liability SP1565575A 03/09/2018 03/09/2019 I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Carlsbad, its officers, employees, volunteers and agents are additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Drive Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE <:;--.IJ-~~~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) QF The ACORD name and logo are registered marks of ACORD MESA UNDERWRITERS SPECIAL TY INSURANCE COMPANY Endorsement # 1 Named Insured: _N_Ic_K_s_IT_A_R _____________________________ _ Policy Number: MP0004008012340 Effective Date: _0_3'---/0_9-'--/_2_01_8 _______ _ (The above information is required only when this form is added after the policy is issued) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IN CONSIDERATION OF THE WRITTEN PREMIUM, IT IS HEREBY UNDERSTOOD AND AGREED THAT ONE ADDITIONAL INSURED (THE CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS) IS ADDED AND MADE PART OF THE POLICY PER THE ATTACHED FORM CG2010. JS/LC 03/20/2018 All other terms and conditions of this policy remain unchanged. Date MUS 01 01 10006 0412 Insured Copy POLICY NUMBER: MP0004008012340 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Oraanization(sl: THE CITY OF CARLSBAD, ITS OFFICERS, AS REQUIRED IN WRITTEN CONTRACT WITH EMPLOYEES, VOLUNTEERS AND AGENTS THE NAMED INSURED 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Insured Copy Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, -~N~\ll_)L~$~rr~P-L.. ______ ~, am the --~0-=-\fa~~~~-~~------ [insert name] [title] of ~l:t:\ U\IE: I hereby certify that ~~"'~ LI"' [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should -~A.-~~=n-C-J::l~~'-"~~"-'--"-i--------employ any person [ name of company] during the term of the Agreement with the City of Carlsbad for _ __.(_,LJfv~{kf;~:f ..... --'-~-'-~~--lt'Duc~=----- S~\l\ t,€S [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. [Name] [Title and name of company or corporation] AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR CONCERT PRODUCTION SERVICES NICHOLAS SITAR DBA ANTHOLOGY LIVE This Amendment No. 1 is entered into and effective as of the I~ day of "1:J ":\Y\\.:\ch['.f , 20J:i, extending and amending the agreement dated March 29, 2017 (the '~greement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Anthology Live, ("Producer") for concert production services. RECITALS A. The Parties desire to amend and extend the Agreement for one (1) year period and to expire January 21, 2019. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Producer agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Producer will provide those services described in Exhibit "A". 2. The total not-to-exceed amount associated with this Amendment No. 1 is fifty-six thousand, three hundred dollars ($56,300). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Producer pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Producer each represent and warrant that they have the legal power, right and actual authority to bind Producer to the terms and conditions of this Amendment. PRODUCER By: · (sign here) N ,4 $ 1,:-Ag, I oww,~ (prinf name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: 9i~A-Q~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Producer must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B 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: CELIA A. BREWEF, City Attorney 11,Al {L BY: -------------Assistant City Attorney City Attorney Approved Version 1 /30/13 EXHIBIT "A" SCOPE OF SERVICES AND FEE • Producer will produce nine (9) concerts for the City; three (3) at Stagecoach Community Park on June 22, 29 and July 6; two (2) at Poinsettia Community Park on July 13 and July 20; two (2) at Calavera Hills Community Park on July 27 and August 3; and two (2) at Alga Norte Community Park on August 10 and August 17, 2018. • Producer will confirm contracted services by nine (9) music ensembles in a variety of music styles within the given criteria of the TGIF Concerts in the Parks Mission & Vision Statement no later than April 11, 2018. • Producer will contract performers, and provide final list of groups, biographies and publicity information (including photographs) on the performers to the City no later than April 11 , 2018. • Producer will confirm sound production services provider for all TGIF concerts no later than May 11, 2018. • Producer will provide a cooler of non-alcoholic beverages for performers and sound production crew at each concert. • Producer will provide adequate and appropriate sound system and operation equipment, suitable to cover up to 4,000 people. Producer will provide adequate and appropriate sound engineer personnel to conduct all sound services necessary to all satisfactory presentation of concerts and applicable pre-show entertainment, including all concert set-ups and break-downs of musical and sound equipment. • Increase in Producer payment due to increased cost of sound production services, including supporting pre-show activities presented by the Cultural Arts Office. • The total fees payable shall be $56,300. No other compensation for services will be allowed. No individual payment shall be less than twenty percent (20%) of the total fees payable. No individual payment shall be more than thirty percent (30%) of the total fees payable. First Payment: Second Payment: Third Payment: Final Payment: $16,850 $13,150 $13,150 $13,150 April 5, 2018 June 21, 2018 July 20, 2018 August 10, 2018 City Attorney Approved Version 1 /30/13 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-03/09/2017 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephen Webber NAME: Aloha West Insurance Agency PHONE (760) 547-2626 I FAX (760) 547-2627 IA/C No Extl: /A/C Nol: PO Box 128 !~&'~~!:!:; steve@aloha12.com Carlsbad, CA 92018 INSURER(Sl AFFORDING COVERAGE NAlC# Phone (760) 547-2626 Fax (760) 547-2627 INSURER A: Mesa Underwriters Specialty Insurance Company INSURED INSURERS: Nicholas Sitar DBA Anthology Live INSURERC: 1733 Calavo Ct INSURER D: INSURER E: United States Liability Insurance Company Carlsbad CA 92008 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR 1 ,JBM8X-m,1 ,~2r~irv~~l LTR INSR WVD POLICY NUMBER LIMITS ~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED 100,000 PREMISES IEa occurrence\ $ D MED EXP (Any one person $ 5,000 A D y y M P0004008010604 03/09/2017 03/09/2018 1,000,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 ~ POLICY D PRO-JECT D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 D OTHER $ AUTOMOBILE LIABILITY (E~~~~7le~t{INGLE LIMIT $ D ANYAUTO BODILY INJURY (Per person) $ D ~~~i0 oNLY D SCHEDULED AUTOS BODILY INJURY (Per accident) s D f0~~~0NLY D NON-OWNED f PRe9~~iJ<inRAMAGE $ AUTOS ONLY n D $ D UMBRELLA LIAB D OCCUR EACH OCCURRENCE $ D EXCESS LIAS D CLAIMS-MADE AGGREGATE $ -~---~---·--· D OED D RETENTION $ $ WORKERS COMPENSATION D ~ffTUTE D OTH-I AND EMPLOYERS' LIABILITY Y/N ER I ANY PROPRIETOR/PARTNER/EXECUTIVD E L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL. DISEASE -EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ $1,000,000 E Professional Liability SP017F3024 03/09/2017 03/09/2018 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Carlsbad, its officers, employees, volunteers and agents are additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Drive Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE &,{j· Fk!L__ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) QF The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP0004008010604 / COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrQanization(s): Location(s) Of Covered Operations The City of Carlsbad, its officers, employees, volunteers, and agents All Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 # ALLSTATE NORTHBROOK INDEMNITY COMPANY Home Office Northbrook, Illinois Insured Address City NICHOLAS SITAR 1733 CALAVO CT CARLSBAD Home Phone No.: 619-616-1484 CHANGE COVERAGE Bodily Injury 2007 ENVOY 100/300 USAGE AND RATE CLASSIFICATION 2007 ENVOY Class Code 2660001570 Est. Ann. Miles (000): 14167 Principal Use Miles to Work/School Uses Car Pool Work/School 10 N Calendar Date: 03/21/2017 Policy Number: 934720705 08/04 St.: CA Zip Code: 92008 THIS REQUEST IS SUBJECT TO POLICY TERMS AND IS EFFECTIVE ONLY IF THE POLICY NOTED ABOVE IS CURRENTLY IN FORCE Effective 04 58 P.M. 03/21/2017 Policyholder's Signature CUSTOMER OA7882 Agent# 999 Location Agent/Agency Name AR1871 + Page 1 of 1 934720705ZZZZZZ0A7882AR1871CA1 1-800-ALLSTATE Agent's Phone# # + Customer Name: NICHOLAS SITAR Policy Number: 934720705 Document Center Summary Trailing Documentii/Forms for Customer Legal Trailing Documents Uninsured/Underinsured Motorist Form Admini!rtrative Trailing Documentli EN Service Request ( optional) Forms Document Center Summary Premium Summary Premiums displayed are Full-Term 2007 GMC ENVOY Adjusted Vehicle Premium $478.81 Current Vehicle Premium $450.44 Form No. AUR953 -1 Form No. SAR1871 Form No. Adjusted Total Premium $478.81 Current Total Premium $450.44 Difference from Current Premium $28.37 Rates as of Date 05/25/2016 Monthly Payment Estimate Policy Period Policy Status Pay Method Pay Plan Policy Balance Before Endorsement Amount added to Policy Balance (pro-rated if mid-term) CA Fraud Assessment Fee (pro-rated if mid-term) Estimated Policy Balance after Endorsement Amount Currently Due Due On Number of Payment Opportunity Estimated Payment Schedule Payment Date 04/20 05/20 06/20 07/20 02/04/2017-08/04/2017 Active EZP Monthly Pay $300.28 $21.17 $ 0.00 $321.45 $0.00 03/20/2017 4 Payment Amount $ 81.37 $ 81.36 $ 81.36 $ 81.36 CERTIFICATE OF EXEMPTION. WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, ___ t\~'I ~J~~~U"""'\'.>-~~':,=···-_,11\~(~ __ _,, am the ___ ....o:D=w~,J'--=:;(l..=----------- [insert name] of A~ct;-.::j W \Jt [name of company] [title] . I hereby certify that----+~=~:..:..·· '-"-"'·;;..;t:=--'-1 __ \.,;"""l'-'"'-'C~---- [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability msurance. Should -----=L\ ... tJ=....8½J"'-'-"'u::,""'(...,_'·f~-1_L_1_t1-=-8"' ______ employ any person during the term [ name of company] of the Agreement with the City of Carlsbad for \\;\\f C it}l'::l:;~<. ,~-W'C e~ [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. [Name] [Title and narr{e of company or corporation] 06/15/2006 25 POLICY NUMBER: MP0004008010604 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Carlsbad, its officers, employees, volunteers, and agents All Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured{s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 AGREEMENT FOR CONCERT PRODUCTION SERVICES NICHOLAS SITAR DBA ANTHOLOGY LIVE IS AG EEMENT is made and entered into as of the !}, 9 -lh day of --+-r+-foA.'~~--L-----' 2017, by and between the CITY OF CARLSBM a mumc1pal corpo ion, ("City"), and Nicholas Sitar DBA Anthology Live, a concert production services company, ("Producer"). RECITALS A. City requires the professional services of a Producer that is experienced in concert production including provision of talent and sound services. B. Producer has the necessary experience in providing professional services and advice related to concert production, talent engagement and sound services. C. Producer 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 Producer agree as follows: 1. SCOPE OF WORK City retains Producer to perform, and Producer agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Producer will exercise the reasonable professional care and skill customarily exercised by reputable members of Producer'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 from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one-(1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Producer's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 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 will be fifty-one thousand, five hundred dollars ($51 ,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Page 1 of 11 6. STATUS OF PRODUCER Producer will perform the Services in Producer's own way as an independent Producer and in pursuit of Producer's independent calling, and not as an employee of City. Producer will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Producer to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Producer pursuant to the Agreement will be the full and complete compensation to which Producer is entitled. City will not make any federal or state tax with holdings on behalf of Producer or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Producer or its employees or subcontractors. Producer 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 Producer or any agent, employee, or subcontractors of Producer for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Producer. 7. SUBCONTRACTING Producer will not subcontract any portion of the Services without prior written approval of City. If Producer subcontracts any of the Services, Producer will be fully responsible to City for the acts and omissions of Producer's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Producer is for the acts and omissions of persons directly employed by Producer. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Producer and City. Producer will be responsible for payment of subcontractor. Producer will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Producer's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHERPRODUCERS The City reserves the right to employ other Producers in connection with the Services. 9. INDEMNIFICATION Producer agrees to indemnify and hold harmless the City and its officers, 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 Producer, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. City agrees to indemnify and hold harmless the Producer, its officers, any subcontractors or anyone directly or indirectly employed by any of them from and against all claims, damages, losses, and expenses including attorneys fees arising out of the performance of work described herein caused by any negligence, recklessness, or willful misconduct of the City, its officers, officials, employees or volunteers. 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. Page 2 of 11 10. INSURANCE Producer 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 Producer or Producer'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 Coverage and Limits. Producer will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Producer'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 Producer pursuant to this Agreement are adequate to protect Producer. If Producer believes that any required insurance coverage is inadequate, Producer will obtain such additional insurance coverage, as Producer deems adequate, at Producer's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Producer's work for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Producer has no employees and provides, to City's satisfaction, a declaration stating this. 10.2 Additional Provisions. Producer will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Producer will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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, Producer will furnis~ certificates of insurance and endorsements to City. Page 3 ofll 10.4 Failure to Maintain Coverage. If Producer fails to maintain any of these insurance coverages, then City will have the option to declare Producer in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Producer is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Producer or deduct the amount paid from any sums due Producer under this Agreement. 10.5 Submission of Insurance Polfcies. 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 Producer 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 Producer will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Producer 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. Producer will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Producer or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Producer or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Producer will have the right to make one (1) copy of the work product for Producer's records. 14. COPYRIGHTS Producer agrees that all copyrights that arise from the services will be vested in City and Producer relinquishes all claims to the copyrights in favor of City. 15. PRODUCTION RIGHTS Producer agrees that the right to produce "TGIF Concerts in the Parks" belongs to the City and Producer has no right to independently produce or sell rights of any kind to this event. Further, Producer agrees that Producer will not acquire any independent, individual or joint rights with the City to "TGIF Concerts in the parks" concerts or concert series. The parties agree that this is a 'work for hire' business arrangement under the United States Copyright Act of 1976 [17 USC §§ 101, et. seq.] and any other applicable law. [remainder of page left intentionally blank] Page 4 ofll 16. 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 Producer under this Agreement. For City Name Megan Gilby Title Community Arts Coordinator Department Library & Cultural Arts City of Carlsbad Address 1200 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. 760-602-2081 For Producer Name N\tl 'S,,Nt_ Title Address \I '3> Utt.A,\Ja CJ. cPill'l\?JO, ~A l\L.oo4£ Phone No. loi~-(J)\lo· \'1~ Email S \i Ag_ ~\ ck @ f-:tMAil . UJM 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. 17. CONFLICT OF INTEREST Producer 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 Producer shall report investments or interests in all four (4) categories. 18. GENERAL COMPLIANCE WITH LAWS Producer will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Producer, or in any way affect the performance of the Services by Producer. Producer will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Producer's services with all applicable laws, ordinances and regulations. Producer 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Producer will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 Producer 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 (1 0) 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 Page 5 ofll 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. 21. TERMINATION In the event of the Producer's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Producer 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 Producer. Upon notification of termination, Producer 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 Producer 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Producer will assemble the work product and put it in order for proper filing and closing and deliver it to City. Producer 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. 22. COVENANTS AGAINST CONTINGENT FEES Producer warrants that Producer has not employed or retained any company or person, other than a bona fide employee working for Producer, to solicit or secure this Agreement, and that Producer 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Producer 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. Producer acknowledges that if a false claim is submitted to City, it may be considered fraud and Producer may be subject to criminal prosecution. Producer 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. Producer acknowledges that the filing of a false claim may subject Producer to an administrative debarment proceeding as the result of which Producer may be prevented to act as a Producer on any public work or improvement for a period of up to five (5) years. Producer acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. Page 6 of 11 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Producer 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 Producer without the prior consent of City, which shall not be unreasonably withheld. 26. 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. [remainder of page left intentionally blank] Page 7 of 11 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Producer each represent and warrant that they have the legal power, right and actual authority to bind Producer to the terms and conditions of this Agreement. PRODUCER By: By: ( siQflhere} ~-.],<)<_ SITPttJ OV>IJ~ (print nam /t1tle) (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: IN CRAWFORD C~Manager 7 ATTEST: / U~K11l~~~ BARBARA ENGLESON U ... - City Clerk If required by City, proper notarial acknowledgment of execution by Producer must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B 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: ttorney Page 8 ofll CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of c 5: A /} f? J .() On ·_z j;z t 7 ?o I] before me, -tolJ~s .. !J~~LHte-~· _fP-"'-o-) ~ft1t~''4G""","""'o'f-/ +. -LJl"""''.b"'"'~=· -;q;._,J:I.r+~--=-t.t-='-'~!c.L.J. c..__· _ Date Here Insert Name afld Title of rfJe Officer personally appeared _---..:1\.)-=-~i .~..tk<~e:::=-· .:..:f e.~J..:..'_..:::S,:.._!._, f-tt:.__::...:....r _________________ _ Name(!ji"of Sign~· who proved to me on the basis of satisfactory evidence to be the person~ whose nam~ is/anf subscribed to the within instrument and acknowledged to me that he/she/tl<ey executed the same in histAefltbetrauthorized capacity(iset and that by his/~ signature{sTon the instrument the person(sr, or the entity upon behalf of which the perso~ acted, executed the instrument. • Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ------------------------------OPTIONAL------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc'W'ent Title or Type of Document: ~~-'A.~o;)'.F-(t-.c-,.J._r.,;)s..L•.£1a~'l1ud!!d:....--~.A~,~cj/.c.....:<1'ec;J<Mr.::loi<!('=~~------------- Document Date: '?'-& (,, b 1 7 Number of Pages: _____ _ Signer(s) Other Than Named 7 Above: ----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name:------------Signer's Name:------------- 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: --------------Signer Is Representing: _________ _ Signer Is Representing: ________ _ ,~'Q(.,.~~'§(;,'§(;,'§(;,'Q<).'§(;,~~'§(;,~iK-~ •• 9-~iK-'§<;.'Q<).'§<;.'<,;;(,"Y<,"ti;•l).'§i()~"""''§;(,>'Q<).~~~'§<>-y(,~ ©2016 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES • Producer will produce nine (9) concerts for the City; two (2) at Stagecoach Community Park on June 23 and June 30; three (3) at Poinsettia Community Park on July 7, July 14 and July 21; two (2) at Calavera Hills Community Park on July 28 and August 4; and two (2) at Alga Norte Community Park on August 11 and August 18, 2017. The musicians will perform from 6:00p.m. until 8:00p.m., with one 15-minute intermission beginning at or near 7:00p.m. • Producer will confirm contracted services by nine (9) music ensembles in a variety of music styles within the given criteria of the TGIF Concerts in the Parks Mission & Vision Statement no later than April 21, 2017. • Producer will pay any and all advance deposits for contracted services. • Producer will contract performers, and provide final list of groups, biographies and publicity information (including photographs) on the performers to the City no later than April21, 2017. • Producer will confirm sound production services provider for all TGIF concerts no later than May 12, 2017. • If any concert has to be canceled due to bad weather, it will be rescheduled at a date mutually agreed upon by City and Producer. • If a performer is unable to perform, the Producer will provide a replacement performer agreeable to the City, or the performance will be rescheduled at a date mutually agreed upon by the City and Producer. If a replacement performer cannot be provided or the original concert cannot be rescheduled, the fee to Producer shall be reduced, on a pro- rata bases, by the value of the performance not presented. • Producer will provide a cooler of non-alcoholic beverages for performers at each concert. Producer will arrange and provide any meal services or per diem costs as negotiated with contracted ensembles. Payment for all meal services or per diem costs agreed between Producer and performers will be the responsibility of the Producer, as stated in Producer's submitted proposal. • Producer will perform all advanced services, including but not limited to transportation, lodging and backline equipment as Producer shall negotiate with performers. Payment for all advance services agreed between Producer and performers will be the responsibility of the Producer, as stated in the Producer's submitted proposal. • Producer will work with City of Carlsbad staff to develop Performance Guidelines for all contract performers which reflect the policies, practices and needs of the city in the presentation of TGIF Concerts in the Parks events. Producer will ensure that all performers receive, review and adhere to the Performance Guidelines. Page 9 of 11 • Producer will ensure performers do not invite concert attendees to dance on the stage during their performance. • Producer will provide adequate and appropriate sound system and operation equipment, suitable to cover up to 4,000 people. Producer will provide adequate and appropriate sound engineer personnel to conduct all sound services necessary to all satisfactory presentation of concerts, including all concert set-ups and break-downs of musical and sound equipment. • Producer will provide onsite artists' management during all concerts. • Producer will hold all required publishing rights for music performance. • Producer will perform all required taxation of paid performers' fees. • The total fees payable shall be $51,500. No other compensation for services will be allowed. No individual payment shall be less than twenty percent (20%) of the total fees payable. No individual payment shall be more than thirty percent (30%) of the total fees payable. First Payment: Second Payment: Third Payment: Final Payment: $15,450 $12,050 $12,000 $12,000 May 5, 2017 June 22, 2017 July 21, 2017 August 11, 2017 • City shall be responsible for positioning and setting up the Stageline Mobile SL 100 Stage, including rigging and trusses in a timely manner for concerts at each venue. • Producer shall take reasonable steps to prevent anyone from adjusting any portion of the mobile stage, rigging or trusses after set-up is complete. If adjustments need to be made to stage set-up, Producer shall notify City staff of the need for adjustment and City staff will make the adjustment deemed necessary. • Producer shall inspect mobile stage, rigging and trusses and notify City staff of any obvious defects or damages to the structure immediately. By accepting the use of the mobile stage and its rigging and trusses, the Producer agrees that the mobile stage is in good working order and free of any patent defects. • Producer shall be responsible for ensuring that the use of the mobile stage, rigging and trusses by performers and equipment does not exceed the maximum load bearing capacity set forth in the Stageline Mobile SL 100 Stage Rigging plan attached hereto and incorporated as Exhibit A-1. • Producer shall be responsible for setting up and securing all concert sound and lighting equipment to the mobile stage, rigging and trusses. City staff shall be responsible for securing any banners to the rigging or trusses. • City staff shall not adjust any of the Producer's sound or lighting equipment. If the sound or lighting equipment needs to be adjusted, City staff shall notify Producer of the need for adjustment and Producer shall make the adjustment deemed necessary. Page 10 of 11 "0 OJ OQ (!) ..... ..... 0 --1-1 ..... ..... RIGGING RESTRICTIONS • MAXIMUM LOAD HEARING CAPACITY: 6500 lb I294B kgl. Atl corner posts. n us I be install ell ard pmncr.. Md tctc5cop1c c;~t.amm; omned and se(ured. • Total loads on P 12s. Pl3s 1s :>00 tb once alt. corner oosts ha~e been 1nsrallcd .and lateral banners are inst.:tl~. Capacity can be mcreased to 800 lb it all corn~r oosrs. are tnSt:lllcd ami t;lle~ a! IJ.Jnr·ers ~re not inst.l lled. • M:ll('n1Um ot '125lb 157kgl c<Jn be loaded at 11ny pl:~ce atol'lg each FOH pipe !Pl71 oetweer suoports. T2 capachy must lake hto ;,ccm.nr those loads. • Load any r1umbor o' P16s QO FOHs symetn,.:tly, a: OC$th01S shCYII' on dmgrarn. or use P17. T2 capactty must take toto accovn: thH~f'" ~.Q~IdS. • Do not t.:>ad nore than 250 tb (~ 15 kg! on downstage roo' paMel, when corner posts nre rcgl(lwd by cylinder lock${q ·Ur der to<k!> can Jnty be U!>l!ll on ·t-., down~tilgc roof pannell • Load any numb~r cf PI t.s. or. r:991119 P•!X!. symetncal\y, at po~•!IOr•s ,;flcwr on dmgraTt, cruse P11s. • Opti:~ral screen SJpport has a capacity of 350 lbs (15Y kgl ot ;my location bctwec~ p·1 ano P15 a'ld 250 It: (113 kql br.twccn P'5 and T? ctw .... Do 101 ng on both sides of PIS s•mull;neou~ly. T2 capac·ty TIUSt :ake m:o account thP.se 'OII!Is. • li max1mur1 copOCil)' of screen support is used, no ol'ler toads can be fi9!Jt!d on T1 truss. UmNG RESTRICTIONS • MAXI\iUM ROOF LIFTING CAPACITY: 3800 In t' 725 kg) • Max1rr~.om assyr"''otrlc load difference between down;aago <JM upsl;og(l r()of "'U!>I rot exceed 1550 lb (705 k9l on:tudlng toads on rt trussc~. • When lifting, make sure locds are evenly divided between -:ght and left side of r~r.l. • r o\al load en T2. P12s ar-d P13!. rnust not cYCCC<I 500 \b (227 kQ) when u~ing downstage P1 i,s o· rigging pipe. -otal.oad can be increased to 850 In [3B6 kiJ) ;r not u:;ong dcwrstaqe P11s or nqgff)g l)tpe. • Oplt0'11ll llem~. :;'"' sl<~gc 15pcdficotior.". Or•wiA9• may 11\ow st10go •q.,ippool wtlh optional occoosoriol.l>4oy bo cold •"P•ntoly. RIGGING PLAN 2/4 1\r~<j:,~ ,d ,..: soK I>cln:l ,kl,,l,<** ~~t4 :;~ ,,1 ~< Iii 21'·10'(6-""') S<rf>ff\ • il ~-~:f::!:l •-------++-----tH T'[s,nmJ 11:. 1d 1i l 1£. ll I nJ 1t I h l'i.a I it · :Ji: r sCiiL l: rr ... ·(s.u••l ... .............. '''--~·~'<'[::I I 2'·t·(o.oJMj \I l n.-_--~~ -~' 0~~ •••• .._.,_~, ,·'i'-~:: .. 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