1 FIRST MODIFICATION OF
CONTRACTUAL SERVICES AGREEMENT NO. 4820
This First Modification of Agreement Number 4820 (“First Modification”), entered into as of (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and McCabe’s Guitar Shop (“Contractor”) is made with reference to the following:
RECITALS
A. On or about September 14, 2021, the City and Contractor entered into Agreement Number 4820 for Contractor to produce, develop, and implement a free and family-friendly concert series in one or more of the City parks (“Original Agreement”).
B. The City and Contractor desire to modify the Original Agreement to extend the agreement term, include additional services to be performed by Contractor, and increase the agreement price to pay for those additional services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2023, unless terminated earlier as set forth in Section 17 of the Original Agreement or extended by the parties in writing. The City, at its sole discretion, shall have the option to extend the term of this Agreement for two separate one-year options (“Extension Terms”).
2. Section 2 of the Original Agreement entitled “Contractor Services” shall be modified by adding the following paragraph:
Additional Services. Contractor will perform all of the additional services (“Additional Services”) described in Exhibit A-1, Scope of Services. Contractor will complete the Additional Services in accordance with Exhibit B-1, Budget.
3. Section 7 of the Original Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:
Compensation. The City will compensate Contractor for the Services performed as described in Exhibit B in an amount not to exceed $50,000. The City will compensate Contractor for the Additional Services in an amount not to exceed $75,000, as set forth in Exhibit B-1.
The total agreement price for services pursuant to the Original Agreement and this First Modification shall not exceed $125,000.
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013 6/28/2022
2 4. Exhibit A-1 and Exhibit B-1 are attached hereto and incorporated herein by this reference.
5. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
McCabe’s Guitar Shop
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013
DOUGLAS SLOAN
6/21/2022
City Attorney
6/27/2022
Walt McGraw
David White
6/28/2022
City Manager
6/28/2022
Denise Anderson-Warren
City Clerk
3 Exhibit A-1
Additional Services
Contractor will perform the services described in the City’s Outdoor Music Concert Series 2021 Event Production Request for Proposal (“RFP”) that the City issued on June 25, 2021, in modified form as described in the proposal that Contractor submitted to the City entitled “Proposal for City of Santa Monica Outdoor Music Concert Series 2022”, which is attached to Exhibit A and incorporated by reference.
Event Details
McCabe’s Presents “Americana in the Park” will take place the Sundays listed below in September and October from 4:00 pm to 7:00 pm at Gandara Park located at 1819 Stewart St, Santa Monica, CA 90404. McCabe’s will begin setting up the stage after 2:00 p.m. and shall break down the stage by 8:30 p.m. after each concert performance.
Unless the parties mutually agree to modify the scheduled dates for the concerts in writing, the concerts for the second one-year term of this Agreement will take place on the following dates:
Sunday, September 4, 2022
Sunday, September 11, 2022
Sunday, September 18, 2022
Sunday, September 25, 2022
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013 McCabe’s Presents “Americana in the Park” Event Proposal 1 Proposal for City of Santa Monica Outdoor Music Concert Series 2022 McCabe’s Presents “Americana in the Park”
About McCabe’s
McCabe’s Guitar Shop has been serving the Santa Monica community for over 60 years opening its doors in 1958. Since 1969, we have presented live music including all ages and familyfriendly programming. We have a history of presenting outdoor community programming at Lincoln Park, Clover Park, as well as in Topanga.
McCabe’s has a long history of producing quality concerts for Santa Monica residents and beyond. We are known internationally for our fine selection of instruments, talented teachers, top-notch repair shop, and our world-famous concert series that has hosted incredible, local talent such as Beck & Jackson Browne for over 50 years.
Event Description
Americana music is as much history as it is art form. McCabe’s will take audience members on a journey, exploring American music from its roots to its modern forms by showcasing folk, country, bluegrass, blues, jazz, and the African and Latin American music styles that inspired them.
“Americana in the Park” will serve as a way to bring together and celebrate the diverse and wonderful Santa Monica and Los Angeles Communities while helping to encourage economic recovery. All artists, contractors, and employees will belong to Santa Monica or greater Southern California area in an effort to raise up the community and its residents while using McCabe’s reputation and notoriety to also attract the attention of tourists.
The event will remain at its previous location at Gandara Park in order to maintain consistency with last year’s Americana In The Park Concert Series. This will not only be familiar to previous attendees but will also encourage economic growth in the eastern part of Santa Monica that McCabe’s has called home for over 60 years.
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013 McCabe’s Presents “Americana in the Park” Event Proposal 2 Event Details
McCabe’s Presents “Americana in the Park” will take place Sundays in September from 4:00 pm to 7:00 pm at Gandara Park located at 1819 Stewart St, Santa Monica, CA 90404.
The event will take place on the following dates:
Sunday, Sept 4th
Sunday, September 11th
Sunday September 18th
Sunday September 25th
Day of Show Timeline
2:00 pm – Arrive at Park
4:00 pm – Children’s Music opener/ Family-friendly Activities 5:00 pm – Band
7:00 pm – Set finish
7:10 pm – Breakdown Stage
8:30 pm – Leave Park
Equipment Needs
To Rent:
Stage
1- Stage 20 wide x 16 deep x 2 high 1- Step unit
3- Guard Rail - 3 sides
1- Skirt - 3 sides
2- Speaker wing
Sound System
1- Digital FOH Mixer
1- Digital MON Mixer
8- Monitor Speakers
1- Cable lot - All interface cables
1- Snake system
1- Distro System
1- Concert microphone kit
Strike/Work lights
To Borrow From City:
Table for Information booth
Chairs for Information Booth
Tents to cover Information Booth and stage
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013 McCabe’s Presents “Americana in the Park” Event Proposal 3 Staffing Needs
Employees:
Manager/ Emcee (Concert Director Tom Zehnder)
Booth Attendant (2)
Parking Attendant (2)
Sound Engineer (2)
Scope of Work
Once our proposal is approved, the first step is to immediately book local talent, paying specific attention to the 1st concert in our series. To keep it simple I will pick two musical acts, one for kids and one for adults. With shows later in the series, I would like to introduce either a dance lesson, music lesson, or art activity for kids and adults into the pre-concert festivities.
Our insurance company will be contacted to make sure that all added members (including the City of Santa Monica, employee vehicles, and the contracted Sound company) can be added to the policy in time for the event. Our Staff and Sound Company will need to be confirmed for all dates.
While confirming talent, the next step is to begin work on the marketing campaign for the joint venture perhaps freshening up last year’s logo. Once that is completed, we can start sending out information to our audience about the Concert Series.
As the line-up solidifies, we can release more information and also bring in the artists’ promotional teams to help widen our market. Separate events will be made for each concert with an RSVP option to help gauge the level of interest so we can anticipate attendance and whether or not additional parking lots will need to be rented or staff hired.
Food trucks will be contacted to determine availability and whether or not deposits will need to be sent. Contracts will need to be issued and approved for all talent.
Flyers and posters will be made to have on hand at the store and distributed to local hotels and businesses. Weekly newsletters will be sent out as well as social media posts to help remind people of the event.
Once each event is completed, attendance and interest will be monitored and surveys will be sent out through our newsletter measuring attendee satisfaction. Final reports covering costs, attendance, and social media impacts and press engagement will be completed.
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013 McCabe’s Presents “Americana in the Park” Event Proposal 4 Budget for all four concerts 2022
Technical & Logistics $20,500
Artists $13,000
Site Infrastructure $2,000
Staffing $22,000
Marketing $2,500
Creative Fee $15,000
Total Estimated Budget: $75,000
Marketing and Publicity
McCabe’s Guitar Shop has a mailing list that is distributed weekly to over 13,500 subscribers that are primarily Los Angeles based and are all passionate live music attendees. Our subscriber interaction rate is more than double the industry average. We are also active on Facebook and Instagram which we have successfully used to promote our own in-house concerts. We also promote on our website and in the store using physical flyers and posters.
We have had a lot of success listing our events on Eventbrite, LA Parent, Red Tricycle, etc. and have been repeatedly listed as the LA Times Music Pick of the Week as well as in the Santa Monica Daily Press. We have consistently maintained our position as Most Loved Venue in the Argonaut.
We will use all our marketing tools to help promote our “Americana In The Park” Concert Series including our weekly newsletter, social media outlets, having posters and flyers at our physical location, and engaging with local papers and media for additional support. The folk community is very supportive, so we can also rely on common-interest groups such as FolkWorks, Far-West, Topanga Banjo Fiddle Contest, the Southern California Bluegrass Association, the Los Angeles Independent Venue Coalition, and NIVA-CA (National Independent Venue Coalition California) to help promote and support our event. McCabe’s also has partnerships with two hotels in the immediate area who will be able to help promote the concerts for families and music lovers visiting the area in September.
We do all of our graphics in-house so any poster design can be done with our own design team in collaboration with the City of Santa Monica.
Final Thoughts
McCabe’s has been a member of the Santa Monica community for over 60 years. In 2018, we were even awarded our own day by the City of Santa Monica. We have not only served the community with music, but we have given the community a place to call their own, to create DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013 McCabe’s Presents “Americana in the Park” Event Proposal 5 their own bonds and memories. Our children’s concerts and lessons have raised music and community-minded adults who now bring their own children to our store. Our all ages concerts have allowed families to enjoy the best in World, Folk, Americana, Bluegrass and Rock music together for over 50 years. Our name is one that the community trusts to bring them quality and enjoyable events and a partnership with the City of Santa Monica would only help to solidify our unwavering adherence to good quality programming.
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013 4 Exhibit B-1
Budget
Payment Schedule for the 2022 Presentation of Americana in the Park The total budget for the 2022 concert series Americana in the Park will not exceed $75,000.
After execution of this First Modification and within 30 days from the City’s receipt of Contractor’s complete invoice, the City will compensate Contractor 75 percent of the above not-to-exceed amount ($56,250).
Upon Contractor’s completion of the last concert of the 2022 Concert Series, and within 30 days from the City’s receipt of Contractor’s complete invoice, the City will compensate Contractor the final 25 percent of the above not-to-exceed amount ($18,750).
DocuSign Envelope ID: 6CC8DDCE-7883-428D-9D92-F74EC323F013