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Nicholas Sitar DBA Anthology Live; 2021-05-26;
City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CONCERT COORDINATION AND PRODUCTION SERVICES FOR TGIF IN YOUR BACKYARD PROGRAM NICHOLAS SITAR DBA ANTHOLOGY LIVE THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Nicholas Sitar DBA Anthology Live ("Producer") for concert and production services. RECITALS A. City requires the professional services of an established organization to coordinate the summer virtual concert series, TGIF in Your Backyard. B. Producer has the necessary experience in providing professional services and advice related to concert production and the TGIF Concerts in the Parks series. 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 year from the date first above written. The City Manager may amend the Agreement to extend it for two additional one-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 provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-three thousand three hundred dollars ($33,300). No other DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BBDebbie Jo McCool Richard SchultzDebbie Jo McCool Suzanne Smithson Ed Garbo 26th May City Attorney Approved Version 6/12/18 2 compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-three thousand three hundred dollars ($33,300) per Agreement year. The City reserves the right to withhold a ten percent (10%) 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". 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 withholdings 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 subcontractors and of the persons either directly or indirectly employed by the subcontractors, 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 subcontractors of Producer and City. Producer will be responsible for payment of subcontractors. Producer will bind every subcontractors and every subcontractors of a subcontractors 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. OTHER PRODUCERS 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 attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Producer, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 3 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. 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. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Producer's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Producer has no employees and provides, to City's satisfaction, a declaration stating this. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 4 10.1.4 Professional Liability. Errors and omissions liability appropriate to Producer’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Producer will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Producer will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 furnish certificates of insurance and endorsements to City. 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 Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE 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 DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 5 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. Producer agrees that the right to produce "TGIF Concerts in the Parks" and “TGIF in Your Backyard” 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" or “TGIF in Your Backyard” 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. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Producer under this Agreement. For City For Producer Name Richard Schultz Name Nicholas Sitar Title Cultural Arts Manager Title Producer Department Library & Cultural Arts Address 32697 Bodley Court City of Carlsbad Temecula, CA 92592 Address 1775 Dove Lane Phone No. 619-616-1484 Carlsbad, CA 92011 Email Nick@anthology-live.com Phone No. 760-602-2086 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16.CONFLICT OF INTEREST 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 categories. Yes No 17.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 DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 6 the performance of the Services by Producer. Producer will always 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Producer will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. 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 decide 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 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. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB Audra Mahoney Audra Mahoney City Attorney Approved Version 6/12/18 7 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 8 26. 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) SUZANNE SMITHSON Library & Cultural Arts Director as authorized by the City Manager Nicholas Sitar (print name/title) ATTEST: By: (sign here) For BARBARA ENGLESON City Clerk (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: For CELIA A. BREWER, City Attorney BY: _____________________________ Assistant/Deputy City Attorney DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES 1. PRODUCER’S CONTACT INFORMATION • Name: Nicholas Sitar • Address: 32697 Bodley Court, Temecula, CA 92592 • Email: Nick@anthology-live.com • Phone: 619-616-1484 2. TGIF IN YOUR BACKYARD SEASON SCHEDULE Four (4) Virtual Concerts to stream on the following dates • Concert #1: Streaming July 9-18, 2021 • Concert #2: Streaming July 23-August 1, 2021 • Concert #3: Streaming August 6-15, 2021 • Concert #4: Streaming August 20-29, 2021 Each performance should have a running time from 75 to 90 minutes. Additional informational slides and video content may be supplied by the City, such as recorded event and band introductions. 3. BACKGROUND The City has sponsored the TGIF Concerts in the Parks for decades. Historically, this musical performance series presented nine concerts in four city community parks in June, July and August. Due to the COVID-19 pandemic, this popular concert series was cancelled in 2020 and 2021. To provide the community with a short-term alternative, city staff developed a virtual series for summer 2021 titled TGIF in Your Backyard. The Producer will recommend and secure four (4) TGIF-like bands and provide sound and video support for filming in the Schulman Auditorium. Filming will be scheduled based on the Producer’s recommendation and coordinated with Cultural Arts Manager or designee. 4. CITY’S CONTACT INFORMATION • Cultural Arts Manager, Richard Schultz, 760-602-2086, richard.schultz@carlsbadca.gov • Cultural Arts General Phone 760-602-2090 *Throughout COVID-19 pandemic, staff may have adjusted hours and work locations. Email may be the initial preferred method of reaching staff. 5. PRODUCER SERVICES a. Performing Artist Selection i. Perform production duties on behalf on the City of Carlsbad and TGIF in Your Backyard. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 10 ii. Curation of performing artist choices by genre for review by Cultural Arts Manager Artist; curation will be guided and align by the TGIF Concerts in the Parks Artistic Vision. iii. Final selection of performing artists for TGIF in Your Backyard will be selected by Cultural Arts Manager in consultation with the Producer. iv. Confirm contracted services by four (4) music ensembles in alignment with TGIF Concerts in the Parks Artistic Vision Statement within thirty (30) days after execution of agreement. v. Provide final list of groups, including biographies, publicity information, high resolution photographs on all performers to City no later than June 1, 2021. vi. 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”, which is attached and incorporated herein) and logistical considerations for all events. Producer will receive approval in writing within seven (7) business days of receiving final Producer’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 video and sound production crews at each taping session in the Schulman Auditorium, appropriate for number of performers contracted per recording session. c. Performing Artist Guidelines i. Performance Content. The Producer 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. Producer agrees to indemnify, defend and save harmless the City against any copyright claim, demand, liability or expense caused by or arising out of its Performance. Producer shall be solely responsible for the content of the Performance. ii. Subject Matter. Producer 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. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 11 In the event City terminates the Performance of Producer because of violation of this paragraph, City shall not be liable to Producer for the balance owed under this Agreement and all monies paid to Producer shall be full and complete payment of Producer’s services. In the event of this occurrence, City shall not be deemed to be in breach of this agreement. 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. d. Sound and Video Production i. Will provide adequate and appropriate sound and video production crews and equipment, suitable to record the concerts live in the Schulman Auditorium. Producer will provide adequate and appropriate sound and video engineer personnel to conduct all sound and video services necessary to all satisfactory recording and post-production of the four concerts, including all concert set-ups and break downs of music, sound and video equipment. ii. Will select a sound and video production subcontractors for all TGIF in Your Backyard concerts with the full execution of this agreement. e. Event Logistics Producer will coordinate during events with event staff to ensure proper implementation of emergency protocols involving performing artists, sound and video production crew and on-stage operations, including but not limited to: • Emergency Action Plan(s) f. Event Producer Terms City Audio/Video Recording: City reserves the right to audio and/or video record any live streaming the event to any location(s) owned and/or controlled by the City. City may retain the recording in its files, may replay the recordings for its employees, and may make excerpts available for public viewing. City shall make no more than three copies of the recordings. City shall not sell the recording. City shall provide a copy of the recording to the Producer, upon the Producer’s request. 6. FEES SCHEDULE a. Payment Schedule First Payment $13,350 Two weeks upon execution of agreement Second Payment $13,350 July 15, 2021 Third Payment $ 6,600 Delivery of post-production concert series TOTAL PAYMENT $33,300 DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 12 i. 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 forty percent (40%) of the total fees payable. ii. All invoices shall be submitted to Cultural Arts Manager Richard Schultz and shall be sufficiently detailed to include related activities and costs. All work will be verified by Cultural Arts Manager Richard Schultz 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 three 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 four concerts called for herein, City shall be entitled to a credit against any payment owed by the City to Producer in the amount of Eight thousand three hundred twenty-five dollars ($8,325) per concert. If City has paid any of the fees in advance, Producer shall forthwith return to City eight thousand three hundred twenty-five dollars ($8,325) per concert. 7. HEALTH & SAFETY During the COVID-19 health-related pandemic, all activities occurring at City facilities, all Parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Producer what the current guidelines are prior to their arrival and entering any City facility. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring face covering, maintaining physical distancing of six feet. The safety protocols may be modified at any time due to changing rules, regulations, or circumstances. It is recommended that the Producer pursue same measures and encourage all artists and participating businesses to follow these health and safety protocols as recommended by state, county and local authorities. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 13 EXHIBIT “B” TGIF Concerts in the Parks Artistic Vision Due to the COVID-19 pandemic, the 2021 season of TGIF in Your Backyard follows the same vision, goals and considerations of the ongoing TGIF Concerts in the Parks. 1. 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. 2. 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). 3. TGIF Vision Bringing people together in a shared musical experience that celebrates diversity and samples an array of styles and genres. 4. 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 DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB City Attorney Approved Version 6/12/18 14 • Opportunities for emerging artists to perform for new audiences 5. Additional Considerations for TGIF Concerts in the Parks • Efficient and strategic use of public funds to present safe and quality events • Scheduling of artists, locations and event partners • Suitability of each event for all ages • Awareness of other programs being presented in the region DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 05/17/2021 2391 S. Melrose Drive 2391 S. Melrose Drive Vista, CA 92081 Kelly Dirk (760) 547-2626 (760) 547-2627 kelly@alohawestinsurance.com Nicholas Sitar DBA Anthology Live Temecula CA Mesa Underwriters Specialty Insurance Company Starstone National Insurance Company United States Liability Insurance Company A Y Y MP0004008016699 03/09/2021 03/09/2022 1,000,000.00 100,000.00 5,000.00 1,000,000.00 2,000,000.00 2,000,000.00 C 82988D210ALI 03/05/2021 03/05/2022 3,000,000 3,000,000 E Professional Liability SP 1565575D 03/09/2021 03/09/2022 $1,000,000 The City of Carlsbad, its officers, employees, volunteers and agents are additional insured. City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB CG 20 10 04 13 Page 1 of 2© Insurance Services Office, Inc., 2012 THE CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AS REQUIRED IN WRITTEN CONTRACT WITH THE NAMED INSURED ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 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. Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. MP0004008016699 INSURED DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB CG 20 10 04 13 Page 2 of 2© Insurance Services Office, Inc., 2012 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – 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. DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB Page 1 of 2 DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB Policy number:934 720 705 Policy effective date: February 4, 2021 X21010064201212A306626AUTR24CA2020121210201401A-000133-002-0-00-00Good Student DiscountYou may be eligible to receive a discount on most major auto coverages if you have an unmarried driver on your policy who is a full-time student (high school, college, or academic home study program) and meets certain scholastic and other requirements. teenSMART Discount You may be eligible to receive a discount on most major auto coverages if you have a rated operator who is single, has been licensed five years or less, and completes the teenSMART program. The teenSMART program is a home study driver training program designed to help reduce the chances of your young driver being involved in an accident. Successfully completing the program can earn a discount of up to 15% on most major coverages provided by your auto policy. Other Rating FactorsIn addition to the discounts described above, we offer a number of special rates that can lower your premium. For example, you may be eligible to receive a lower rate if your insured auto (model year 2000 or earlier) is on our list of economy cars. Ask your Allstate Agent for details about our special rates. The premium for your insurance policy is based on a variety of factors, including information you have given us. Factors that can affect your premium include, for example, annual mileage driven, years of licensed driving experience and driving record. It is important that you notify us if the information upon which your premium is based is incorrect, incomplete, or changes, so that we may adjust your premium accordingly. This notice provides only a general description of the qualifications and conditions for the discounts and special rates shown above. Other qualifications and conditions may apply. For complete details on qualifications and conditions, how your premium is determined, or if you have any questions about the information in this notice, including whether you may qualify for one or more discounts or special rates or whether your premium is accurate, please call your Allstate Agent. X73951 DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB Page 1 of 2 Thank you for choosing Allstate DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB Renewal auto policy declarations Policy number:934 720 705 Policy effective date: February 4, 2021 CA010RBDX21010064201212A306626AUTR24CA2020121210201401A-000133-004-0-00-00Page 2 of 6 Excludeddriversfromyourpolicy None DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB Renewal auto policy declarations Policy number:934 720 705 Policy effective date: February 4, 2021 CA010RBDX21010064201212A306626AUTR24CA2020121210201401A-000133-006-0-00-00Page 6 of 6 Automobile Disability Income Protection Not purchased* Identity Theft Expenses Not purchased* *Thiscoveragecanprovideyouwithvaluableprotection. Tohelpyoustay currentwithyourinsuranceneeds,contactyourAllstateagenttodiscuss coverageoptionsandotherproductsandservicesthatcanhelpprotectyou. Your policy documents Your automobile policy consists of this Policy Declarations and the documents in the following list. Please keep these together. Allstate Automobile Policy AU104-3 California Amendatory Endorsement AU14629-3 Amendment of Policy Provisions AU14626-1 Important payment and coverage information Here is some additional, helpful information related to your coverage and paying your bill: uYour rate is lower because you are insuring multiple cars. uYour bill will be sent to you in a separate mailing and will list any payment option(s) available to you. If you are eligible to pay your premium in installments, your first bill will reflect your available payment options, including the option to pay in full or to pay in monthly installments. Please note that any amounts payable for the first renewal bill will not include an installment fee (unless you have an unpaid balance from a previous policy period, in which case the Minimum Amount Due will include an installment fee, or unless you are participating in the Allstate Easy Pay Plan). The following applies to installment payments made after your first renewal bill. If you decide to pay your premium in installments, there will be a $3.50 installment fee charge for each payment due. If you make 6 installment payments during the policy period, and do not change your payment plan method, then the total amount of installment fees during the policy period will be $21.00. If you are on the Allstatefi Easy Pay Plan, there will be a $1.00 installment fee charge for each payment due. If you make 6 installment payments during the policy period, and remain on the Allstatefi Easy Pay Plan, then the total amount of installment fees during the policy period will be $6.00. If you change payment plan methods or make additional payments, your installment fee charge for each payment due and the total amount of installment fees during the policy period may change or even increase. Please note that the Allstatefi Easy Pay Plan allows you to have your insurance payments automatically deducted from your checking or savings account. Allstate Northbrook Indemnity Company’s Secretary and President have signed this policy with legal authority at Northbrook, Illinois. Phil Telgenhoff President Susan L. Lees Secretary DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB Important notices Policy number:934 720 705 Policy effective date: February 4, 2021 X21010064201212A306626AUTR24CA2020121210201401A-000133-007-0-00-00Page 2 of 3 If the problem remains unresolved, you may contact the California Department of Insurance at: Consumer Services Division California Department of Insurance 300 South Spring Street, Los Angeles, CA 90013 Consumer Hotline: 1-800-927-4357 Website: http://www.insurance.ca.gov/01-consumers/101-help/index .cfm Please contact the Department of Insurance only if you have been unable to satisfactorily resolve the problem with your Allstate representative and with Allstate. X5126-4 Voluntary Provider Networks We want to let you know about a program that may be available to you. If you, or anyone covered under your policy, is injured in a loss covered under your auto policy, a Voluntary Provider Network may be available to you. A Voluntary Provider Network includes a variety of participating medical providers that can treat those injuries. Voluntary Provider Networks maintain lists of their participating providers. In the event that you experience a loss, your claims representative can provide you with contact information for any participating Allstate networks that may be available in your state at that time. You are under no obligation to use a medical provider who is a member of one of these networks, and you are free to seek medical services from a provider of your choice. There is no penalty if you choose a provider outside the network. If you are injured and treated by a provider who is a member of one of the participating networks, we may review their bills for covered medical services for re-pricing based on the approved rate for that providers network. You do not need to make a choice about these networks at this time. Please keep in mind that using a provider within a network should not be considered a confirmation that you have coverage. This notice is for informational purposes only. X73469 Important information about the Good Driver Discount The Good Driver Discount gives a driver the opportunity to receive a discount for having a good driving history. Depending on your driving experience and information in your driving record, (such as the number of traffic violation convictions or accidents), you could be eligible for a 20% discount on your auto insurance premiums. Please Note:If a driver is no longer eligible for a Good Driver Discount policy because of the driving safety record or years of driving experience of any other person, the good driver is eligible to purchase a Good Driver Discount policy which excludes such other persons from coverage. If you want to exclude such other persons from your auto policy so that Allstate can offer you the Good Driver Discount policy, please contact your Allstate agent or representative. This change may affect your premium and any discounts currently on your policy. Questions? If you think you may qualify, have any questions regarding the Good Driver Discount or your coverage in general, please feel free to contact your Allstate agent or representative. X73866 Your Rights Related to Reviewing and Changing Your Insurance Records You should know that the laws in your state entitle you to know the specific items of information and their sources that support our decision. The information is described in the enclosed notice(s) about consumer reports. If you would like this information, please send us a written request within ninety (90) business days of the date of this notice. We will respond to you within twenty-one (21) business days of the date we receive your written request. Your Right to Review Your Insurance Records You have the right to review recorded information about you contained in our insurance records or files. If you choose to review this information, please send us a written request that includes proper identification and a reasonable description of the information you wish to obtain. If we can locate and obtain this information with reasonable effort, we will inform you of its nature and substance within thirty (30) business days from the date we receive your request. You may obtain and review the information in person, or, if you prefer, we can mail the information to you. We will also tell you to whom we have disclosed this information within the last two (2) years or, if DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB CERTIFICATE OF EXEMPTION :ORKERS¶ COMPENSATION/EMPLO<ERS¶ LIABILIT< INS8RANCE I, , am the [insert name] [title] of . I hereby certify that [name of company] [name of company] haV no emplo\eeV and iV noW UeqXiUed b\ laZ Wo mainWain ZoUkeUV¶ compenVaWion oU emplo\eUV¶ liability insurance. Should employ any person [name of company] during the term of the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] When ZoUkeUV¶ compenVaWion and emplo\eUV¶ liabiliW\ inVXUance Zill be obWained. [Name] [Title and name of company or corporation] Nicholas Sitar Owner Anthology Live Anthology Live Anthology Live TGIF Concerts in your Backyard Nicholas Sitar Owner at Anthology Live DocuSign Envelope ID: B5863EDD-006F-4DB0-BF2A-36F89DB905BB