HomeMy WebLinkAbout2011-09-13; City Council; 20680; GRANT REQUEST CARLSBAD MUSIC FESTIVALCITY OF CARLSBAD - AGENDA BILL 16
AB# 20,680
MTG. 9/13/11
DEPT. HNS
&DCf*IAI C\/CHIT /"»O/I AIT DCVM ICOTSPECIAL EVENT GRANT REQUEST
CARLSBAD MUSIC FESTIVAL
DEPT. DIRECTOF^p^p^
CITY ATTORNEY df^.
CITY MANAGER UK^
RECOMMENDED ACTION:
Consider the request from the 8th Annual Carlsbad Music Festival for Special Events Grant
funding and either adopt Resolution No. 2011-219 to approve the request or
take action to deny the request.
ITEM EXPLANATION:
Attached is a letter (Exhibit 2) from Matt McBane, Director of the Carlsbad Music Festival,
requesting a Special Event Grant from the City in the amount of $10,000 to help fund the 2011
event. The entire grant request is for direct cash assistance, with no in-kind city services. This
will be the 8th Annual Carlsbad Music Festival, and the first to be held exclusively in Carlsbad
Village; the family-friendly community oriented event is scheduled for September 23rd through
September 25th.
In May 2011, the City Council amended Council Policy 51 (Exhibit 3), further clarifying the
Community Activity Funding Program and Special Event Grants. This program allows special
event organizers to apply for grant funding for the special events at any time of the year. These
requests are to be considered by the City Council and, if funded, the appropriation is typically
funded directly from the City Council's General Fund contingency account.
In prior years, the Carlsbad Music Festival has partnered with the Cultural Arts Office, in which
city staff has managed contracts, for specific services, as co-presenters of the event. However,
this is the first year that the Carlsbad Music Festival will be produced without the assistance of
the Cultural Arts Office as a co-presenter. According to municipal records, the Carlsbad Music
Festival has never applied nor received monies through Special Event Grants. While the
change of venues from the Schulman Auditorium to the Village alters the environment, the
music remains constant. With the new setting, a greater part of the activities associated with the
Carlsbad Music Festival are set to take place outdoors and free for the public. However, there
will be five featured performances to be held at the Carlsbad Village Theatre which require paid
admission for entrance. Within the context of Council Policy 51, the Special Event Grant section
specifically states that organizations are eligible to receive grants of in-kind city services for a
maximum of five (5) years and direct cash assistance for a maximum of three (3) years. The
City Council's intent in creating Council Policy 51 was to use City funds to help new special
events or programs get started, and then have those programs become self-sufficient and
community supported efforts.
The Special Event Grant application is available as Exhibit 4, and a history of City support for
the event is shown in Exhibit 5.
DEPARTMENT CONTACT: Courtney Enriquez 760-434-2812 Courtnev.Enriquez@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
DENIED
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
FISCAL IMPACT:
The Council may deny or approve the request. If the Council chooses to fund this Special
Events Grant request, approval of the attached resolution will appropriate $10,000 in direct
cash assistance from City Council's General Fund contingency account for the Carlsbad Music
Festival.
Carlsbad Music Festival is requesting direct cash assistance to support the event's hard costs
such as: venue rental fees, instrument relocation, marketing, and audio engineer for the multi-
day festival.
The City Council's General Fund contingency account was allocated a $500,000 for FY 2011-
12, with a specific provision of $50,000 for Special Events Grants. Currently, the City Council's
General Fund contingency account carries a balance of $495,595, and the Special Events
Grants provision holds a balance of $45,595.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act (CEQA) Guidelines Section 15061(b) (4) states a project is
exempt from CEQA if it is denied. However, if the City Council decides to fund the grant request,
pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
EXHIBITS:
1. City Council Resolution No. 2011-219
2. Letter from Matt McBane, Director of the Carlsbad Music Festival
3. City Council Policy 51
4. Special Event Grant application
5. History of funding
Exhibit 1
1 RESOLUTION NO. 2011-219
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING A SPECIAL
3 EVENT GRANT TO THE CARLSBAD MUSIC FESTIVAL
4 AND AUTHORIZING THE FINANCE DIRECTOR TO
APPROPRIATE SAID FUNDS.
5
WHEREAS, the Carlsbad Music Festival has requested a Special Event Grant to
6
assist in the production costs for the 2011 event; and
7
WHEREAS, the Carlsbad Music Festival is a family-friendly community oriented8
event to be held in the Village from September 23rd through September 25th; and
10 WHEREAS, Carlsbad Music Festival has requested a Special Event Grant in the
amount of $10,000, the entire grant is direct cash assistance.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
13 Carlsbad, California, as follows:
14 1. That the above recitations are true and correct.
2. That the Carlsbad City Council hereby approves a Special Event Grant cash
16
donation in the amount of $10,000 for the 2011 Carlsbad Music Festival from
17
the City Council's General Fund contingency account, and authorizes release
18
of said funds to the event organizers.19 a
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 13th day of September 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Exhibit 2
CARLSBAD
MUSIC
FESTIVAL
Dear Carlsbad City Council Members,
It is with great pleasure that 1 submit the enclosed proposal for $10,000 in Special Events Grant funds for
the production of the 8th annual Carlsbad Music Festival in the Village of Carlsbad. The Festival will
take place on Friday-Sunday, September 23-25, 2011.
Over the past eight years, the Festival has grown to become nationally noted for championing the next
generation of musicians. In 2010 it was awarded the 2010 ASCAP Award for Adventurous
Programming in New York, and it has garnered great press including from the Los Angeles Times which
called the programming "magnificently enlightening" and KPBS which called the Festival "one of the
area's most innovative music showcases."
Based on the huge success of last year's Friday night Village Music Walk, this year the entire Festival
will be moving to the Village of Carlsbad. Carlsbad's charming Village provides an excellent setting for
the Festival with venues including the Carlsbad Village Theatre, New Village Arts Theater, the Village
Train Station, galleries, cafes and other businesses. All of these venues are within a 3-minute walk of each
other, public transportation, parking, the beach, and hotels, making for a fun, festive atmosphere. The 2011
Carlsbad Music will be the most family-friendly, tourist-friendly, local business-friendly and audience-
friendly to date.
The Festival was previously funded in part by our past Presenting Partner, the Carlsbad Cultural Arts
Office with $10,000 in funds tied to Schulman Auditorium. After the success of last year's Friday-night
Village Music Walk we decided to move the entire Festival to the Village. This move leaves the Festival
without the $10,000 tied to events at the Schulman Auditorium, so we are turning the Carlsbad Special
Events Grant for funds.
The Carlsbad Music Festival receives broad support from the community including a $12,000 in
Community Enhancement Funds from the San Diego County Board of Supervisors and sponsorship from
local businesses including hotels. In addition the Festival partners with the Museum of Making Music,
ArtPower @ UCSD, and the Carlsbad Village Association who will be helping the Festival make the
transition to its first year entirely in the Village.
Funds from the Special Event Grant will go towards Festival production costs including: venue rental;
instrument rental, tuning and moving; program printing; audio engineer; stage crew; and graphic design.
Thank you very much for considering the Carlsbad Music Festival for a Special Events Grant. These funds
will be instrumental in make the 2011 Festival a success.
Sincerely,
Matt Wcpane
Director
Exhibit 3
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Community Activity Funding
Subject: Process for Funding Community Activities
Policy No.
Date of Issue:
Effective Date
Cancellation Date
Supersedes No.
Page 1 of 3
51
May 10, 2011
May 10, 2011
January 8, 2008
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
BACKGROUND:
PURPOSE:
POLICY:
The City Council has, in the past, chosen to fund community activities with General Fund
monies. This has included the allocation of funds to agencies that provide various
programs that enrich Carlsbad residents and visitors, and/or assist in enhancing their
quality of life. On January 18, 2011, the City Council reviewed its policy and approved
some recommended revisions for its consideration at a regular Council meeting.
To establish the process for distributing funds for community activities, including special
events and support for winning teams.
1. It is the policy of the City of Carlsbad to allocate funds for "start-up costs" to initiate new programs/
ideas/organizations that provide for community activities or enhancements within Carlsbad. The
program is not intended to fund ongoing services/programs. There are three (3) funding programs
available under this Council policy: Community Activity Grants, Special Event Grants, and Winning
Team Grants. A description of each program and its related eligibility criteria is provided below.
2. The Grant Funding shall have the following term limits per organization:
a. Community Activity Grants: Organizations funded by the Community Activity Grant may receive
annual grants for up to a maximum of three (3) years and then will be ineligible for grant
funding for a minimum of two (2) years. After at least two (2) years, organizations can again
apply for Community Activity Grant funding and receive a maximum of two (2) additional years
of grant funding. An organization may not receive more than five (5) years of funding through
this grant program, and no other city funding may be provided during the two (2) year hiatus.
b. Special Event Grants: An organization may receive no more than one (1) special event grant per
year, and may receive no more than three (3) years of grants which provide cash assistance. An
organization may receive up to five (5) years of in-kind city assistance to pay for city
services/facilities for special events.
c. Winning Teams Grants: A team may receive up to three (3) years of grants to participate in a
national championship competition as defined below.
3. The organization cannot receive money, or donated city services from other city sources (including
CDBG) for the current fiscal year.
4. Community Activity Grants - Criteria and Process
a. Such grants provide funding for enrichment programs for the community and/or for physical or
other neighborhood enhancements within Carlsbad, with the exception that the following will
not be eligible: 1) social service programs; 2) programs sponsored by educational institutions;
and 3) a program that conflicts or is in competition with a city program.
b. The City Council will annually determine the amount of funds to be budgeted for Community
Activity Grants. This amount shall include the interest earned on the initial $1 million set-aside
for said fund, but may also include additional general funds at the discretion of the Council.
c. Once the budget is adopted by the Council interested groups will be notified of the application
process to request said grants
d. The application process will consist of the following:
i. Completion of city application for funds.
ii. Review by city staff and a Citizens' Advisory Committee..
iii. Recommendations submitted by Advisory Committee to City Council.
iv. Action by City Council to approve, modify, or disapprove the request.
e. The City Council will establish a review panel comprised of citizens and city staff to evaluate the
applications, and make recommendations to the City Council. The review panel will be
comprised of the following: one representative from each quadrant of the City, one member of
the Senior Commission, the Library Board, and the Parks & Recreation Commission.
f. The review panel will consider the provision of matching funds from other sources in evaluation
of the applications.
5. Special Event Grants - Criteria and Process
a. Such grants provide city funding for start up costs related to Special Events held within the City
that have a citywide interest; and shall be available to a recognized 501(c)(3) non-profit
organizations, or to an organized all-volunteer group on a reimbursement basis only.
b. For the purposes of this grant, a "special event" shall be defined as set forth in Chapter 8.17 of
the Carlsbad Municipal Code (Special Event Ordinance), with the exception that the following
"special events" shall not be eligible for this grant:
i. Events hosted by a commercial enterprise for profit and/or fundraiser purposes,
ii. Regularly offered programs, activities or events.
iii. Any event held for primarily a political or religious benefit or other similar purpose,
which in the opinion of the City Attorney constitutes an unlawful use of public funds.
c. Special fundraising events shall be eligible for funding provided the organization is all-volunteer,
based in Carlsbad and provided further that funds are used only for direct costs of the event
and no staff of the organization is paid for working the event, other than short-term consultants
or contractors that are directly necessary for holding the event.
d. Such grants can be requested any time of the year, and may not exceed $10,000 for a single
grant.
f. Such grants shall not provide for 100% of the total event funding; there must be funding from
other non-city sources to finance the expenses of the event to be eligible for such grants.
g. All approved grants will be funded from the City Council's contingency account. An annual
appropriation maximum shall be set by the City Council at its discretion.
h. The City Manager, or designee, is authorized to approve grants up to $5,000 following
consultation with the Special Events Committee, and shall be authorized to appropriate said
funds from the City Council's general fund contingency account. The City Council shall approve
grants over $5,000.
i. The application process will consist of the following:
i. Completion of a permit application for the special event (if applicable).
ii. Completion of a Special Event Grant supplemental application.
iii. Administrative review and tentative approval of special event by special events
committee (if applicable).
iv. Allocation of funding by the City Council for said grants.
v. Approval of grant by City Manager, or designee, if the grant is less than $5,000.
vi. Approval of grant by City Council, if it exceeds $5,000.
6. Winning Teams Grants
a. Such grants provide funding to youth teams to offset the cost of travel expenses to national
championship competitions. To be eligible for these grants, the team(s) must advance through
a series of competitive levels, earning the right to compete at a national or international level.
Additional eligibility requirements are provided below.
b. Such grants can be requested any time of the year.
c. These requests will be funded from City Council's contingency account.
d. Eligibility requirements are:
i. The participants are all 18 years of age or under.
ii. The group or team is an organized non-profit corporation or unincorporated association.
iii. The request for funding must be made prior to the date of the national or international
event,
iv. At least 90% of the participants in the team or group are residents of Carlsbad.
e. The application process will consist of the following:
i. Written request to the Housing and Neighborhood Services Director.
ii. Administrative review by the Housing and Neighborhood Services Director, or designee.
iii. Consideration of the funding by the City Council.
7. This policy may be amended as necessary and appropriate by the City Council.
Exhibit 4
CITY OF ,,-CARLSBAD"
SPECIAL EVENTS
GRANT
SUPPLEMENTAL APPLICATION
Please complete the following supplemental application using the instructions provided on the last pane of this application. Attach additional pages if necessary.
Name of Applicant: CARLSBAD MUSIC FESTIVAL
Address: P.O. Box 4067. Carlsbad. CA 92018
Phone: (213) 925-4200
E-mail: info(o),carlsbadmusicfestival.org
Contact 1 Matt McBane (213) 925-4200
Contact 2 Linnea Searle (760)518-9598
Federal Tax ID # or Social Security #: 26-3969347
TOTAL GRANT FUNDING REQUEST: $ 10,000
ELIGIBILITY REQUIREMENTS
Please answer the following questions to determine if your event is eligible for City grant funds:
Y N
Will your Special Event be held entirely within the City of Carlsbad? Y Q
Have you submitted a Special Events Permit application to the City? Q N
(If yes, please attach a copy to this grant supplemental application)
Does your Special Event have a citywide interest? if yes, explain in the section below Y [~|
Has the Special Event received less than three (3) years of grants from the City? Y Q
(If yes, please note below the number of years you have received grants from the City, if any)
If you answered yes. to all of the above questions, your request is eligible for this grant program. Please complete the
remainder of this application. If you answered no to any of the questions, please contact Courtney Enriquez at the City
of Carlsbad (760-434-2812) to discuss your eligibility for the special events grant
City of Carlsbad Special Event Grant Supplemental Application
Housing and Neighborhood Services www.carlsbadca.gov
GRANT REQUEST DESCRIP^(if necessary, please attach supplemental page. document)
Organization: Carlsbad Music Festival
Names of Officers and Board of Directors (if applicable):
Name
Matt McBane
Devora Lockton
James Rosenfield
Title
President
Treasurer
Secretary
Name of the special event: Carlsbad Music Festival
Location of event: Carlsbad Village: various locations including Carlsbad Village Theatre. New Village Arts
Theater and the NCTD Village Train Station
Date of event: September 23-25. 2011
Please list the years in which your organization has received prior funding from the City and list the related
dollar amounts:
2010 Cultural Arts Office contract $13.000: 2009 Cultural Arts Office contract $13.500
How does your special event benefit and provide citywide interest to the Carlsbad community?
The Carlsbad Music Festival brings world-class musicians to the Village of Carlsbad to perform fresh and
compelling music in a variety of musical styles. The Festival is open to the entire community, with free indoor
and outdoor concerts in the Village along with the more formal indoor concerts. The Festival will benefit the
residents of Carlsbad and provide additional tourist revenue to the local businesses.
FINANCIAL CAPABILITIES/BUDGET
Do you have any additional funding opportunities (i.e. corporate or private sponsors, matching grants) currently
committed or pending? Please complete the information below:
Name Percentage of financial contribution towards goal
SD County Board of Sup. Community Enhancement Grant (committed) $ 12.000 24%
Private donations (projected: 45% committed) $10.000 20%
Revenue (projected)$10.000 20%
Foundation grants (projected)$6.000 12%
Contracted payments (committed)$1500 3%
Please include a budget for program request including funding schedule.
City of Carlsbad
Housing and Neighborhood Services
Special Event Grant Supplemental Application
www.carlsbadca.gov
CERTIFICATION
We, the undersigned, do hereby attest that the above information is true and correct to the best of our
knowledge. (Two signatures required)
Signature Title Date
?*ys
Signature Title Date
SUPPLEMENTAL INFORMATION & ALTERNATIVE FORMAT
Please submit this supplemental grant application together with a written request (cover letter) to the City
Council stating the amount of funding requested and intended use for this funding. As noted above, please
attach a copy of your special event application.
City of Carlsbad will provide written materials in alternative formats and reasonable modifications in policies
and procedures to persons with disabilities upon request.
RETURN COMPLETED APPLICATION
Please hand deliver, U.S. mail, e-mail or fax completed supplemental grant application packet together with
your cover letter request to:
City of Carlsbad
Housing and Neighborhood Services
2965 Roosevelt Street, Ste. B
Carlsbad, CA 92008
Attn: Courtney Enriquez
Telephone Number: 760-434-2812
Fax Number: 760-720-2037
E-mail: Courtney.Enriquez@carlsbadca.gov
City of Carlsbad
Housing and Neighborhood Services
Special Event Grant Supplemental Application
www.carlsbadca.gov
Carlsbad Music Festival
Special Events Grant Budget
2011 Income
Special Events Grant
Total Income
$10,000
$10,000
2011 Expenses
Type
Venue Rental Fees
Instrument Rental, Tuning and Moving
Program book printing
Audio engineer
Stage crew
Graphic Design
Total Expenses
Amount
$2,800
$2,500
$1,300
$1,000
$1,400
$1,000
$10,000
Special Events Grant
Funding Schedule
All funds will be used towards the production of the September 23-25, 2011 Festival. It is
requested that funds are dispersed as early as possible prior to the Festival.
Carlsbad Music Festival
Festival Budget
2011 Income
Type Amount
Contracted Payments $1,500
Foundation Grants $6,000
Government Grants
SD County Community Enhancement $12,000
Carlsbad Special Events Grant $ 10,000
Donations $10,000
Revenue $10,000
Total Income S49,500
2011 Expenses
Type Amount
Artistic $22,000
Production $12,000
Marketing $4,500
Administration $11,000
Total Expenses $49,500
Carlsbad Music Festival
Organizational Structure
MATT MCBANE: Director
Mr. McBane founded the Carlsbad Music Festival 2003 and has supervised all aspects of its
operations. He is also the composer and violinist for Festival ensemble Build.
CLINTON DAVIS: Production Manager
Mr. Davis was added to the staff in 2010 to assist in efforts to expand the Festival. A PhD candidate
in music at the University of California at San Diego, Davis assists in artist relations, logistical
planning, and grant writing.
LINNEA SEARLE: Marketing and Development Manager
Ms. Searle was added to the staff in June of 2011 to improve the visibility of the Festival and to
implement a focused fundraising strategy. Ms. Searle has a MBA from the Haas School of Business at
Berkeley and has worked for Nestle USA as a Marketing Manager.
229.1-0911-SEP-CVBA
SPECIAL EVENT PERMIT
THIS SPECIAL EVENT PERMIT ("Permit") is entered into as of May 24, 2011,
between the NORTH COUNTY TRANSIT DISTRICT ("NCTD1") and CARLSBAD MUSIC
FESTIVAL ("Permittee").
1. Basic Permit Terms.
Event Title: Carlsbad Music Festival
Description of Event: Musical and dance performances in and around NCTD's Carlsbad
Village Coaster Station, including plazas and parking lots. No dance activity is
permitted within 25' of the edge of any train platform.
Location: See map attached
Date: September 23, 2011
Times: Setup: 3:00-5:00pm
Event Starts: 5:00pm
Event Ends: 9:00pm
Dismantle and Cleanup: 9:00-10:00pm
Anticipated Attendance: 150
Permittee's Contact: Matt McBane, Director
Carlsbad Music Festival
PO BOX 4067
Carlsbad, CA 92018
(213)925-4200
Permit Fee: WAIVED, see provision #4
Deposit: NONE REQUIRED
2. Grant of Permit. NCTD hereby permits Permittee to enter upon and use the Permit Area
shown in the Site Plan attached as Exhibit A for the purpose and during the time periods
set forth in this Permit.
Pagel
5/26/11
229.1-0911-SEP-CVBA
GENERAL CONDITIONS
This Special Event Permit is subject to the following conditions:
3. Permit Fee. Permittee shall pay to NCTD, in advance, the non-refundable Permit Fee set forth in section 1
as partial consideration for the rights and privileges set forth in this Permit. The Permit Fee is payable to
North San Diego County Transit Development NCTD on or before execution of this Permit.
4. Cost Reimbursement. In addition to the Permit Fee, Permittee shall deposit with NCTD the Deposit set forth
in section 1, which NCTD may use to reimburse NCTD for all costs and expenses incurred by NCTD
associated with Permitee's use of NCTD property, at full cost recovery rates plus a 7.2% administrative
charge. In the event that the costs and expenses incurred by NCTD exceed the amounts of the Deposit,
Permittee shall reimburse NCTD for all such costs and expenses within 30 days of invoice. In the event that
any portion of the Deposit is not used, NCTD shall return the unused portion of the Depost to Permittee
within 30 days after the expiration of this Permit.
5. Restrictions on Use.
5.1. This permit is valid only for the Permit Area and Permittee has no right to use any NCTD property
other than the Permit Area for any purpose. This permit does not cover areas under the jurisdiction
of other jurisdictions, agencies, or private owners. Permittee is responsible for obtaining all other
required permits and consents from all other appropriate jurisdictions, agencies, and owners.
5.2. No use by Permittee shall interfere with or delay any railroad operations on the NCTD Right-of-Way
or interfere with or cause damage to any railroad facilities.
5.3. Permittee shall promptly replace or repair all such improvements or facilities which are destroyed or
damaged as a result of any entry by Permittee under this Permit. Permittee shall bear the entire
cost of replacement or repairs of any and all improvements and facilities damaged or destroyed by
reason of Permittee's use under this Permit, whether such improvements or facilities are owned by
NCTD or any other owner. Any repair or replacement shall be to the satisfaction, and subject to the
approval of, the NCTD or the owner of the improvements or facilities.
5.4. Permittee shall be solely responsible for compliance with all federal, state, and local laws,
regulations, rules, and orders applicable to Permittee's entry upon and use of the Permit Area.
Permittee shall obtain all federal, state, and local permits and approvals applicable to Permittee's
entry upon and use of the Permit Area. Permittee shall develop mitigating measures to minimize
the impact of the event on all entities. Permittee shall provide notice to the residents and
businesses in the vicinity of the event, at least one week in advance of the event, including the date,
times, and types of activities, and advise them that they could experience some inconvenience or
traffic delay during the event.
5.5. Permittee shall not sell, furnish, or allow the consumption of alcoholic beverages at the event.
5.6. Permittee is responsible for providing a safe and secure environment for the event. Permittee shall
develop an appropriate safety plan and shall provide licensed private security guards or police
officers and event medical services as needed for the event.
5.7. Permittee shall plan for the safe arrival and departure of event attendees and participants.
Permittee is responsible for providing a traffic and parking plan, which should include the use of car
pools and public transportation. Traffic control is to be provided only by properly trained or
certificated personnel (by a training program approved by the Commissioner of the California
Highway Patrol). Traffic controllers shall wear orange vests and utilize a "Stop/Slow" paddle.
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229.1-0911-SEP-CVBA
5.8. Permittee shall provide for the proper disposal of waste and garbage throughout the term of the
event. Immediately upon conclusion of the event, Permittee shall clean up and dispose of all waste
and garbage in the Permit Area and surrounding areas. If Permittee fails to perform adequate
cleanup, Permitee will be charged for cleanup and disposal pursuant to section 4.
6. Exculpation and Indemnity.
6.1 NCTD shall not be liable to Permittee for any damage to Permittee or Permittee's property from any
cause. Permittee waives all claims against NCTD, the Burlington Northern Santa Fe Railway
Company ("BNSF"), the National Railroad Passenger Corporation ("AMTRAK") and their respective
directors, officers, employees, and agents for damage to person or property arising for any reason.
6.2 Permittee hereby indemnifies, defends, and holds the NCTD, BNSF, AMTRAK, and their respective
directors, officers, employees, and agents, harmless from and against any and all liability or claim of
liability, loss or expense, including defense costs and legal fees and claims for damages of
whatsoever character, nature and kind, whether directly or indirectly arising from or connected with an
act or omission of Permittee, or any employee, agent, invitee, contractor of Permittee, or other person
acting by or on behalf of Permittee on or about the Permit Area or NCTD property, including, but not
limited to, liability, expense, and claims for: bodily injury, death, personal injury, or property damage;
provided, however, that nothing herein shall relieve any party indemnified hereunder from liability to
the extent that such liability arises from such party's sole established negligence or willful misconduct.
This indemnity shall not require payment of a claim by the NCTD, BNSF, AMTRAK, or any of their
respective directors, officers, employees, or agents as a condition precedent to the NCTD's recovery
hereunder. Permittee's obligation to indemnify hereunder shall not be restricted to insurance
proceeds, if any, received by NCTD, BNSF, AMTRAK, or their respective directors, officers,
employees, or agents.
6.3 The requirements as to the types and limits of insurance coverage to be maintained by Permittee as
required by section 7, and any approval of such insurance by NCTD, are not intended to and shall not in
any manner limit or qualify the liabilities and obligations otherwise assumed by Permittee pursuant to
this Permit, including but not limited to the provisions concerning indemnification.
7. Insurance. Permittee, at Permittee's sole cost and expense, shall procure and maintain a general liability
insurance policy with limits of not less than two million dollars per occurance. The insurance policy shall
name NCTD, BNSF, AMTRAK, and their respective directors, officers, employees, contractors, agents or
authorized volunteers as additional insureds as respects liability arising out of Permittee's operations and
activities The coverage shall contain no special limitations on the scope of protection afforded to NCTD,
BNSF, AMTRAK, and their respective directors, officers, employees, agents or authorized volunteers. For
any claims arising from Permittee's operations or activities, Permittee's insurance shall be primary insurance
to NCTD, BNSF, AMTRAK, and their respective directors, officers, employees, contractors, agents or
authorized volunteers. Any insurance, self-insurance or other coverage maintained by NCTD, BNSF,
AMTRAK, and their respective directors, officers, employees, agents or authorized volunteers shall not
contribute to it. All of the insurance shall be provided on policy forms and through companies reasonably
satisfactory to NCTD. Insurance is to be placed with insurers having a current A.M. Best rating of no less
than A-, VII or equivalent or as otherwise approved by NCTD
8. General Provisions.
8.1 No extension, modification or amendment of this Permit will be effective until a written instrument
setting forth its terms has been executed by NCTD and Permittee.
8.2 This Permit shall be construed, interpreted, governed and enforced in accordance with the laws of the
State of California.
8.3 Time is of the essence with respect to the performance of each of the covenants and agreements
contained in this Permit.
Page3
5/26/11
229.I-09II-SEP-CVBA
SPECIAL CONDITIONS
This Special Event Permit is subject to the following special conditions:
1. Permittee shall take direction from NCTD personnel, security staff, Sheriffs, or Transit
America personnel whn railroad safety or NCTD property issues are involved.
2. No booths, tables or display material such as signage etc. are permitted within 25' of
the railroad tracks.
Executed by NCTD and Permittee as of the date first written above.
NORTH COUNTY TRANSIT Permittee:
DISTRICT
Bv:rM
Title: C/t => _ Title: )).'f<Wpr /^r /<£*//
Page 4
5/26/1 I
Carlsbad Music Festival
History of Funding
Exhibit 5
Fiscal Year Amount Funding Mechanism Purpose of Funding
2010-2011 $13,000.00 Robert H. Gartner Fund of the
Carlsbad Library & Arts
Foundation
As co-presenters of the event,
the city managed contracts for
specific services.
As co-presenters of the event,
the city managed contracts for
specific services.
2009-2010 $13,500.00 Robert H. Gartner Fund of the
Carlsbad Library & Arts
Foundation
Special Event GrantCarlsbad Music FestivalCourtney EnriquezSeptember 13, 2011
Grant Request•Council Policy 51•Carlsbad Music Festival•Community investment•Eligibility requirements
Recommendation•Adopt resolution no. 2011‐219approving a Special Event Grant for the and appropriating said funds.3