HomeMy WebLinkAboutCarlsbad Playhouse DBA Carlsbad Playreaders; 2022-04-26; PSALCA-22092CA1
PSALCA-22092CA
2022 ROBERT H. GARTNER GRANT AGREEMENT
FOR CARLSBAD PLAYHOUSE DBA CARLSBAD PLAYREADERS
This agreement, is made on the __ day of ________, 2022, by Carlsbad Playhouse DBA Carlsbad Playreaders,
a California nonprofit corporation, hereinafter referred to as “Grantee,” and the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as “City” (the “Agreement.”) City, as Grantor, agrees to
provide Grantee the Grant funds awarded to Grantee during the 2022 Schulman Programming Committee
Grant Program in an amount not-to-exceed seven thousand five hundred dollars ($7,500) (“Grant.”) The
purpose of the Grant is to provide funds to Grantee for the project outlined in the Agreement Scope
(“Agreement Scope”).
Project Title: Carlsbad Playreaders 2022 Season
The grant provided herein is comprised of funds from the Carlsbad Library and Arts Foundation’s
Robert H. Gartner Cultural Endowment fund. Therefore, to ensure that the funds are used as described by
the endowment requirements, in accordance with the law, the City and Grantee hereby agree to the
following terms:
TERMS AND CONDITIONS OF GRANT
1. TERM. The term of this Agreement shall mean the period commencing on the effective date of this
Agreement and expiring on December 31, 2022. The term of this Agreement may be extended by
mutual written agreement of the parties. The parties will prepare a written amendment indicating the
effective date and length of extended Agreement.
2. USE OF CARLSBAD LIBRARY AND ARTS FOUNDATION’S ROBERT H. GARTNER CULTURAL
ENDOWMENT PROCEEDS.
a. Grant funds are to be disbursed as outlined in this Agreement in consideration of and on
condition that the sum be expended in carrying out the purpose as set forth in the Agreement
Scope and under the terms and conditions set forth in this Agreement. Grantee agrees to
assume any obligation to furnish any additional funds that may be necessary to complete the
Agreement Scope.
b. All costs accrued for services and/or supplies prior to the execution of Agreement are not
eligible for funding or reimbursement.
c. All costs accrued for services and/or supplies prior to the execution of Agreement are
not eligible for funding or reimbursement through the use of Grant proceeds.
3. IN-KIND FUNDING. As per the selection committee, Grantee will receive a fee waiver for rental of the
Schulman Auditorium and a staff technician as well for rehearsal and/or set up time adjacent to
performance (up to double the performance time). Grantee is expected to provide front of house staff
for the program as well as a stage plot for the program and is solely responsible for all program
publicity and promotion.
4. CONDITIONS OF FUNDING AND DISBURSEMENT. City shall have no obligation to provide the Grant
proceeds or to make any subsequent disbursement of Grant proceeds, and may seek reimbursement
of Grant proceeds, if any of the following requirements are not fully satisfied:
a. Grantee agrees to use grant funds to implement the Agreement Scope, including using the
Grant funds to only cover expenditures for programs and services incurred during the
Agreement Scope dates and under the terms and conditions of this Grant Agreement.
b. Grantee shall certify that the Agreement Scope is within Carlsbad city limits or that the
Grantee’s main address is within Carlsbad city limits.
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c. Grantee shall complete all work in accordance with Agreement Scope,
d. As reasonably soon as possible, but in no case later than thirty (30) calendar days, Grantee
shall notify the City of events or proposed changes that could affect the Agreement Scope.
e. The Grantee shall be responsible for the performance of the work, as set forth herein, and for
the preparation of reports required by this Agreement.
f. Before Grantee makes any material changes to the Agreement Scope, Grantee agrees to
submit to the City, in writing, a proposal requesting changes to the Agreement Scope. Grantee
shall make no material changes to the Agreement Scope unless and until City formally
approves the Grantee’s request in writing.
g. Grantee agrees to acknowledge the City’s Grant consistent with the Schulman Programming
Committee 2022 proposal form, attached hereto as Exhibit A.
h. Grantee shall provide full and timely information to the City to update staff on programs, and
include naming the City in any publications and/or social media, whether in digital or print
format, as opportunities arise. All publicity materials, press releases, publications and fliers
shall include: “Carlsbad Playreaders is made possible in part by the Carlsbad Library & Arts
Foundation’s Robert H. Gartner Endowment Fund.”
i. Grantee shall retain all records and supporting documentation, including expenditure receipts,
applicable to the Agreement Scope and this Agreement for a period of three (3) years, and
make all records and supporting documentation readily available, upon request, for inspection
and/or audit by representatives of the City.
5. RETURN OF GRANT FUNDS. Any determination, by the City, of noncompliance with activities and
expenditures outlined in the Agreement Scope without prior notice and express approval by the City,
upon demand by the City, Grantee agrees to return to the City the amount requested by the City, up to
and including an amount equivalent to the full Grant award. Failure of the Grantee to comply with the
terms of this Agreement shall not be the cause for return of Grant funds if, in the judgement of the
City, such failure was due to no fault of the Grantee. In such case, any amount required to settle, at
minimum cost, any irrevocable obligations properly incurred shall be eligible to be paid by Grant funds.
6. EVENT/PROGRAM PROMOTIONAL OPPORTUNITIES. Grantee has the option to supply event and/or
program information including the date, location, time, admission, parking and related details for
inclusion in Cultural Arts’ communications such as e-newsletter, emails and website. At its discretion,
the Cultural Arts Office will provide support in distributing the information through the city’s
established channels of communication. If grantee wishes to participate, the grantee needs to submit
the information to the Cultural Arts Office at least 60 days prior to the event or program.
Please initial box to opt-in to promotional opportunities
7. REQUIRED REPORTS. Failure to complete the following reports may render the recipient ineligible to
receive the full and final payment of the Grant award.
a. Submit a Revised Schulman Programming Committee Proposal form attached hereto as Exhibit
“A”, within thirty (30) days of Grant award notification.
b. Submit a Final Report including all required attachments by completing the designated form to
the City within thirty (30) calendar days after the Agreement Scope end date or, January 31,
2023, whichever is earlier.
Grantees in noncompliance with the above reporting requirements agree to return some or all of the
initial Grant payment if requested by the City. Additionally, if Grantee is found to be in
noncompliance, Grantee agrees that for the year immediately following a determination of
noncompliance, Grantee shall be ineligible to receive any new grants from the City.
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8. DISBURSEMENT OF GRANT FUNDS. The Grant amount to be provided to the grantee, under this
Agreement, may be disbursed as follows:
a. First payment of 80 percent of Grant will be disbursed upon approval of Schulman
Programming Committee 2022 proposal form as applicable, and receipt of fully executed
contract.
b. Final payment of 20 percent of Grant will be disbursed upon receipt of Final Report and
approval by City staff.
c. Any payment of a Grant amount in excess of the final Project costs shall be returned to the City
within sixty (60) days of completion of the Agreement Scope or the Project end date,
whichever is earliest.
9. PROJECT CANCELLATION.
a. If a Grantee wishes to cancel a Project at any time, Grantee shall notify the City in writing
within fifteen (15) calendar days of the decision to cancel and Grantee, at the time it provides
the City with notice of cancellation, shall return all Grant funds to the City.
b. In the event an approved Agreement Scope cannot be completed for any reason, and if Grant
funds were disbursed to Grantee, Grantee agrees to return all Grant funds to the City
forthwith.
10. PROJECT MODIFICATION OR TERMINATION.
a. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of
the Project, or prior to first disbursement of funds. After Project commencement, as outlined
in the Agreement Scope, or disbursement of Grant funds, this Agreement may be rescinded,
modified or amended only by mutual agreement, in writing, of both the City and Grantee.
11. LOSS OF GRANT. At the discretion of the City, the following actions may result in a loss of all or in part
of any Grant amount allocated to the Grantee:
a. A Grantee fails to enter into a signed Agreement with the City within sixty (60) calendar days of
receipt of the Agreement.
b. Activities associated with Grantee occur that do not align with activities described in the
Agreement Scope, including, but not limited to, reduction in services, significant alteration of
Agreement Scope elements, such as performers, artists or attendees, or significant changes in
budget income, expenses or line item designations from Grantee’s budget, included in the
Agreement Scope.
c. A Grantee withdraws or terminates the Agreement Scope.
d. A Grantee fails to complete the Agreement Scope and/or fails to submit all required reports
and/or documentation before December 31, 2020.
12. COVENANT AGAINST DISCRIMINATION. Grantee agrees that neither it nor its agents shall discriminate
against any clients, prospective clients, employees, prospective employees, contractors, or prospective
contractors on the basis of race, color, religion, sex, national origin, age, disability or familial status.
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13. NOTICES.
a. The names and addresses of the persons who are authorized to give written notices to receive
written notice on behalf of City and on behalf of Grantee under this Agreement.
b. 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.
For Grantee: For City:
Carlsbad Playhouse DBA Carlsbad Playreaders City of Carlsbad
Attn: Gerilyn Brault, Artistic Director Library & Cultural Arts Director, Suzanne Smithson
4567 Blackwell Road, 1775 Dove Lane
Oceanside, CA 92056 Carlsbad, CA 92011
Email: gerilynbrault@gmail.com
14. INDEMNIFICATION. Grantee hereby agrees to defend, indemnify, and hold free and harmless the City,
its officers and employees, against any and all claims, damages, losses, costs (including but not limited
to attorney's fees) and liabilities of any kind arising directly or indirectly out of, or related in any way
whatsoever to the provision of Grant proceeds.
15. NO PARTNERSHIP OR JOINT VENTURE. The relationship between City and Grantee is solely that of
Grantor and Grantee. Under no circumstances shall City and Grantee be deemed to be partners or
involved in a joint venture.
16. MODIFICATIONS. This Agreement may not be modified or amended except by written document
executed by a duly authorized representative of both the City and the Grantee.
17. GOVERNING LAW. This Agreement shall be construed in accordance with and be governed by the laws
of the State of California. Venue, in the event of a dispute, shall be in the North San Diego County
Superior Court.
18. SEVERABILITY. In the event that any provision or clause of this Agreement conflicts with applicable
law, such conflict shall not affect other provisions of this Agreement, which can be given effect without
the conflicting provision. To this end, the provisions of this Agreement are declared to be severable.
19. DRAFTING AMBIGUITIES. Grantee understands that it is aware that it has the right to be advised by
counsel with respect to the negotiations, terms and conditions of this Agreement, and that the
decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which
is the sole responsibility of Grantee. This Agreement shall not be construed in favor of or against either
Party by reason of the extent to which either Party participated in the drafting of this Agreement.
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20. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture or
governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto
harmless if it is later determined that such authority does not exist.
GRANTEE CITY OF CARLSBAD, a municipal corporation of
the State of California
*By: By:
(1st signature here) SUZANNE SMITHSON
Library & Cultural Arts Director
Rona Djeddah, CPR Board Treasurer As authorized by the City Manager
(Print name/Title)
ronadjeddah@gmail.com
(Email address)
ATTEST:
(Date)
**By:
(2nd signature here)
For FAVIOLA MEDINA
City Clerk Services Manager
(Print name/Title)
(Email address)
(Date)
If required by City, proper notary acknowledgment of execution by contractor must be attached. If a
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
For CELIA A. BREWER, City Attorney
By: ____________________________
Deputy/Assistant City Attorney
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EXHIBIT “A”
SCOPE OF GRANT
Grantee presented a proposal requesting funding assistance for nine productions for their 2022 Season. All
shows will occur at the Dove Library’s Ruby G. Schulman Auditorium, 1775 Dove Lane, Carlsbad, CA 92011
from April to November 2022. Grantee was accepted as a project worthy of receiving cultural endowment
funding based on the vision statement – “Presenting plays that seek to explore the human condition and,
thereby, enrich the lives of audiences in Carlsbad and neighboring communities” and their proposal.
1. Contact Information:
Grantee
Artistic Director, Gerilyn Brault, 760-583-3349, Email: gerilynbrault@gmail.com
Chief Financial Officer, Rona Djeddah, Email: ronadjeddah@gmail.com
City
• Cultural Arts Manager Richard Schultz, 442-339-2068, richard.schultz@carlsbadca.gov
• Program & Venue Coordinator Thomas Johnston, 442-339-2093, thomas.johnston@carlsbadca.gov
• Cultural Arts Administration 442-339-2090
2. Grantee must complete the following to satisfy grant funding:
• Required with contract- Completed Schulman Programming Committee Proposal
• Required by Jan. 15, 2023 – Schulman Programming Committee Post-Event Report
3. Schedule for 2022 Carlsbad Playreaders Season:
Performance. First Mondays from 7:30 p.m. to 9:30 p.m. Season 2022 will run from April through
November 2022, with seven productions.
Rehearsals. Two rehearsals are held at pre-determined locations by the Grantee. Grantee is requesting the
use of the Ruby G. Schulman Auditorium for the performance with the use of a final technical rehearsal in
the Auditorium. Call time at 5 p.m.
• April 4, 2022 Pygmalion
• May 4, 2022 TinTypes
• June 6, 2022 By The Way, Meet Vera Stark
• July 11, 2022 Huck Finn
• Sept. 5, 2022 A Doll’s House Part 2
• Oct. 3, 2022 Meteor Shower
• Nov. 7, 2022 How to Survive an Apocalypse
*Final Selection of plays depends upon obtaining performance rights
4. 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 performer(s) 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.
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5. Invoicing/Payment:
• 80% payment, six thousand dollars ($6,000) due upon execution of agreement.
• 20% payment, one thousand five hundred dollars ($1,500) due upon acceptance of final report.
All reports shall be submitted to Cultural Arts Manager Richard Schultz and shall be sufficiently detailed. All
payment approval will be completed by the City’s Library & Cultural Arts Director or designee.
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