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HomeMy WebLinkAboutFredric Hope DBA Fred Hope; 2025-01-15; PSALCA-24077CAPSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 1 AGREEMENT FOR ARTWORK LOAN AND PROFESSIONAL SERVICES FREDRIC HOPE DBA FRED HOPE THIS AGREEMENT is made and entered into as of the ________ day of _______________, 2025, by and between the City of Carlsbad, California, a municipal corporation ("City") and Fredric Hope DBA Fred Hope, a sole proprietor ("Contractor”, “Artist”, “Lender”) (collectively, the “Parties.”) RECITALS City requires the professional services of an Artist professional to loan Artwork for a solo exhibit, create an exhibit catalog, and provide professional services conducting community outreach events. Contractor has the necessary experience in providing these professional services, 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 Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A” and Exhibit “B” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2.TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed ten thousand dollars ($10,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4.STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5.INDEMNIFICATION 5.1 General Indemnification. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 15th January PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 2 Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 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. 5.2 Intellectual Property Indemnification. Contractor shall indemnify, defend (with counsel approved by the City), and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against any and all third-party claims, as well as related losses, liabilities, judgments, awards, settlements, damages, expenses and costs (including reasonable attorney’s fees and related court costs and expenses) incurred or suffered by City which directly relate to or directly arise out of an alleged or actual violation or infringement of any third-party intellectual property rights from City’s authorized use of the artwork derived from the Services. 6. COPYRIGHT ACQUISITION “Copyright” means the rights granted in the Artwork as defined and set forth in the U.S. Copyright Act of 1976, 17 U.S.C. §101 et seq., as amended, to authors of original works of authorship fixed in a tangible medium of expression, including but not limited to “visual works of art” as defined in section 17 U.S.C. §101. For purposes of this Section 6, “Catalog” means the gallery exhibit catalog created by the Contractor in collaboration with City through the scope of this Agreement. It is the intent of the Parties that Contractor retains all Copyright to the images of the artwork included in the Catalog, but City retains the Copyright to the layout and design of the Catalog, such that Contractor may not publish, create derivative works, reproduce, circulate, distribute, transmit, or publicly display the Catalog without City’s permission. Accordingly, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor hereby irrevocably sells, assigns, transfers, and conveys to City, and City hereby accepts, all of Contractor’s right, title, and interest in and to all (i) copyrights in the Catalog, whether registered or unregistered, arising under any applicable law of any jurisdiction throughout the world or any treaty or other international convention; (ii) all rights of any kind whatsoever of Contractor accruing under any copyright registration or application for copyright registration for the Catalog and all issuances, extensions, and renewals thereof (ii) all licenses and similar contractual rights or permissions, whether exclusive or nonexclusive, related to the Catalog; (iii) all future royalties, fees, income, payments, and other proceeds for the Catalog; (iv) all rights to claims and causes of action with respect to any of the foregoing, including all rights to and claims for damages, restitution, and injunctive and other legal and equitable relief for future infringement, misappropriation, violation, breach, or default; (v) all other rights, privileges, and protections of any kind whatsoever of Contractor for the Catalog accruing under any of the foregoing provided by any applicable law, treaty, or other international convention throughout the world. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 3 Contractor hereby authorizes the Register of Copyrights in the United States Copyright Office to record and register this copyright assignment upon request by City. As such, Contractor, and if necessary, heirs or personal representatives, shall take such steps and actions and provide such cooperation and assistance to City and its successors, assigns, and legal representatives, including the execution and delivery of any affidavits, declarations, oaths, exhibits, assignments, powers of attorney, or other documents, as may be necessary to effect, evidence, or perfect the assignment of the copyright in the Catalog to City. Contractor hereby covenants, warrants, and represents to City that it is the sole owner of and has the exclusive right to use the Catalog and Copyrights therein, free and clear of any liens, encumbrances, licenses, or claims of any nature, and has made no agreement with respect to the Catalog or the Copyrights therein that is in conflict with this Agreement. 7. GRANT OF RIGHTS 7.1 Catalog. Pursuant to Section 6, Contractor agrees and understands that City, as the Catalog Copyright owner, has the right to publish, reproduce, circulate, display, transmit, and distribute the Catalog to the public across all mediums, including printed and digital forms, whether directly or through a vendor, contractor, or subcontractor. Given that the Catalog contains images of Contractor’s artwork to which Contractor retains the Copyright, Contractor hereby grants to City the right to publish, reproduce, circulate, display, transmit, and distribute the images of Contractor’s artwork, exclusively as part of the Catalog, to the public across all mediums, including printed and digital forms, whether directly or through a vendor, contractor, or subcontractor. 7.2 Promotional Materials. Contractor hereby grants to City the right to copy or reproduce the artwork images on printed or digital mediums, including but not limited to, exhibition announcements, publicity releases, invitations, posters, signs, or other promotional or educational materials of Contractor’s artwork covered by this Agreement. Further, Contractor grants to City the right to photograph, telecast, or make other similar visual reproductions of the artwork for publicity, advertising, marketing, or other educational purposes. Accordingly, Contractor hereby grants to City the right to publish, reproduce, circulate, display, transmit, and distribute the images of Contractor’s artwork for publicity, advertising, marketing, or other educational purposes. City agrees to acknowledge the Contractor on all related printed matter, exhibition announcements, publicity releases, invitations, posters, signs or other promotional or educational materials relating to the artwork covered by this Agreement. 8. WARRANTY OF TITLE Contractor warrants that Contractor is either the lawful owner, or Contractor is the authorized agent of the lawful owner, of the composite document including illustrations, text, artwork, images, concept, layout, design, or any other intellectual property created as part of the Contractor’s services for the catalog created through the scope of this Agreement (“Catalog IP”) and the artwork covered by this Agreement (“Artwork”), and has the authority to enter into this Agreement and to grant rights to the City as set forth in this Agreement. Contractor also warrants that the Catalog IP and Artwork is not now and will not be subject to claims of ownership, lien, encumbrance, or intellectual property infringement, Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 4 including but not limited to copyright and trademark infringement, under any state or federal law. Contractor shall defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees and costs related to any claim asserting a violation or potential claim of violation under this Warranty of Title. 9. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 10. 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 Contractor under this Agreement. For City For Contractor Name Craddock Stropes Name Fredric Hope Title Cultural Arts Manager Title Artist/Owner Department Library & Cultural Arts Address 319 Avenida Carmel, Unit C City of Carlsbad Laguna Woods, CA 92637-3436 Address 1775 Dove Lane Phone No. 949-887-1605 Carlsbad, CA 92011 Email fredrichope@mac.com Phone No. 442-339-2726 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. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 5 11. CONFLICT OF INTEREST Contractor 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 Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ 12. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 13. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 14. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 15. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 16. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 17. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 18. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 19. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 6 20. 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. This Agreement may be executed in counterparts. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 7 21.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California ____________________________, a ____________________________ By: By: (sign here) SUZANNE SMITHSON Library & Cultural Arts Director As authorized by the City Manager FREDRIC HOPE/ Owner (print name/title) ATTEST: By: For SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk (print name/title) If required by City, proper notarial 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 CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 8 EXHIBIT A SCOPE OF SERVICES AND FEE Contractor will loan the artwork identified in Exhibit “B” (“Artwork”), create a gallery exhibit catalog titled Silent Storytellers using images of the Artwork with educational descriptions (“Catalog”) in collaboration with City, and participate in guest artist activities to support the exhibition titled “Silent Storytellers” at the City’s William D. Cannon Art Gallery, 1775 Dove Lane, Carlsbad, CA from February 7, 2025 to June 28, 2025. Contractor will lend 77 works of art that capture the last decade of their body of work. Contractor to create a Catalog featuring the Artwork that will be on display at the exhibit. Artwork may be paintings, drawings, or mixed media upon variable substrates. In addition, Contractor will participate in three (3) community education events as agreed upon by Parties which focus on heightening the awareness of the City’s arts and culture programming, providing a greater awareness of local and regional artists, and elevating the visibility of the arts in Carlsbad, which directly correlates to the City’s Arts & Culture Master Plan (“Artist Residency”). 1.CONTACT INFORMATION Contractor: Fred Hope, 949-887-1605, fredrichope@mac.com City: Cultural Arts Manager, Craddock Stropes, 442-339-2726, craddock.stropes@carlsbadca.gov Curator of Exhibitions, Alyson Benford, 442-339-5154, alyson.benford@carlsbadca.gov Cultural Arts general phone, 442-339-2090 2.CATALOG Contractor shall work with City through concept and design of a 25-30 double-sided page Catalog including but not limited to a front and back cover, title page, contents page, curator’s forward, Artist introduction, exhibit photo catalog, and Artist biography and exhibit history. Catalog will identify The William D. Cannon Art Gallery on the front cover and title page, and the City of Carlsbad Logo on the back cover. Catalog will seek to document Artist’s style of artwork, educate readers, and will showcase the Contractor’s practice and Silent Storytellers exhibit. The Catalog will be available as a resource during the exhibit for viewing, shared with support organizations and will not be sold. Contractor agrees to deliver a Catalog that is fully ready to be published with pages that measure approximately 7” x 9” and in a format specified by the City for submission to a City selected publishing or printing company or platform. Contractor will provide opportunities for the City to add input during regular check-ins and incorporate such input into the Catalog. 2.1 Catalog Timeline •Begin project at execution of agreement. Parties to check-in on a timely basis as agreed upon in writing to discuss progress and provide feedback/input on Catalog development. •Check-ins shall occur a minimum of four (4) times per month, but more if requested by Parties. •Parties to agree to a due date in writing. Contractor shall seek final approval and deliver final product. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 9 3.EXHIBIT LOCATION William D. Cannon Art Gallery, 1775 Dove Lane, Carlsbad, CA 92011 4.ARTWORK LOAN •Loan period: January 27 to July 11, 2025 •Exhibit period: February 7 to June 28, 2025 Contractor agrees to loan the Artwork specified on the checklist attached as Exhibit “B,” which details the submitted artwork. Contractor shall prepare the Artwork in anticipation of Artwork being on display in a municipal art gallery and to fit the designated wall space. Contractor shall prepare the Artwork in anticipation of Artwork being on a wall-mounted display and be appropriate for the intended use. Artwork will remain in the City’s possession during the loan period but may be withdrawn from the exhibition at the City’s sole discretion. City will notify Contractor when any Artwork is withdrawn from the exhibit. City and Contractor may agree in writing to extend the duration of this Agreement. Acceptance of the Artwork does not imply that the Artwork will be placed or maintained on public display for the Agreement's exhibit duration. 5.TRANSPORTATION AND PACKAGING Contractor certifies that the work to be loaned to the City under the terms and conditions of this Agreement is in good condition. City shall inspect the Artwork and complete and sign the opening condition report for each piece of Artwork, which will describe the condition of the Artwork at the time of the receipt of the Artwork loan. Any discrepancies, losses, or evidence of damage to the Artwork noted at the time of inspection or at any time while in the City’s custody will be reported immediately to the Contractor. Contractor or designated representative will transport and deliver Artwork to the William D. Cannon Art Gallery, 1775 Dove Lane, Carlsbad, CA before the loan start date, as described above. At the end of the exhibition, Contractor or a designated representative will be responsible for collecting Artwork beginning July 7 and no later than July 11, 2025, unless other written arrangements are made between City and Contractor. All drop-off and pickup deliveries shall be coordinated with the City’s Curator of Exhibitions. 6.ARTWORK INSURANCE City will insure the Artwork from the time of arrival at the Cannon Art Gallery until the time it is picked up by the Contractor. City will insure the Artwork against any loss or damage while it is in the City’s possession for the fair market value as specified by the Contractor in this Agreement. For purposes of insurance coverage, the City requires the Contractor to value Artwork(s) accurately according to Artwork(s) by the Contractor of similar size, style, medium, and if possible, based upon previous sales. City may require Contractor to provide reasonable evidence of the Artwork's stated market value. In the event of loss or damage to the Artwork, Contractor’s failure to provide supporting evidence of the Artwork's stated market value will result in the City’s sole determination of the Artwork's market value. The signing of this Agreement by the City does not constitute an endorsement of the Contractor’s stated value. In the event of loss of or damage to the Artwork, Contractor’s recovery from the City and/or insurer is limited to the maximum coverage amount specified in the Agreement. Contractor agrees to hold the City and its officers, agents, employees and volunteers harmless from any and all claims in excess of maximum coverage amount indicated in this Agreement. In the event of partial loss or damage, the City’s liability shall be Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 10 limited to the cost of repair or restoration or any resulting loss in fair market value. City shall not be liable for any indirect, special, incidental, punitive or consequential damages, even if the City has been advised of the possibility of such damages. 7.INSTALLATION City shall install and exhibit the Artwork. City reserves the right to make the final decision on which items will be included in the exhibition, and the arrangement of the exhibit. City shall take reasonable steps to preserve the exhibited Artwork against adverse environmental conditions, deterioration, damage or theft. 8.DAMAGE Artwork will be visually inspected upon receipt and any noticeable damage will be documented on the shipping receipt. Evidence of damage to Artwork while in the City’s custody will be reported immediately to the Contractor. City may elect to display damaged Artwork if in City’s sole determination the displaying of the damaged Artwork will not exacerbate the preexisting damage. 9.WITHDRAWALS Artwork cannot be withdrawn from an exhibition by the Contractor at any time during its exhibition. 10.ARTIST RESIDENCY Contractor will participate in three (3) community outreach events, a minimum of three (3) separate days totaling at least fifteen (15) hours of interaction with Contractor and City, and five (5) hours cumulative hours of planning. Contractor will provide on-site visitors with an opportunity to learn directly from the Artist. Events will take place at the Dove Library Complex at 1775 Dove Lane, Carlsbad and consist of: •one (1) in person attendance at the gallery opening reception, and •one (1) on-site workshop (known as “Open Studios”) with Contractor presenting, and •one (1) Artist Talk All community outreach events and times will be pre-arranged and coordinated in writing a minimum of thirty (30) days prior to the event date by Parties. City will provide direction and assistance for best practices for all activities. Events will occur between February and June 2025. Event details will be determined between the Parties. Contractor will prepare content and provide a materials list to City prior to the events. 10.1 Event Materials City will provide materials and supplies needed for community outreach events. City will provide a staff person to support Contractor during community outreach events. Contractor will provide a total of five (5) hours for discussion planning. City will coordinate community outreach events set up with Contractor. Artist may request date changes in writing via email at least 30 days in advance to the scheduled date by notifying the City. Any requested date changes must be approved by the City. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 11 10.2 Programming During the community outreach events, Contractor will be available to participate in in-person programming such as tours and discussions of Artwork, audio, and/or on-camera interviews and any media opportunity. All programming will be coordinated in advance with the City's Cultural Arts Manager or Designee. City reserves the right to audio and/or video record and to reproduce and distribute any lecture, reading or speaking engagement, and musical concert or musical performance performed under this Agreement as virtual programming. City may retain the recording in its files, may replay the recordings for its employees and the public, including the right to post, replay, or broadcast the recordings on the City’s YouTube channel, the City’s cable channel, the City’s Library Facebook Live account, and other similar City internet-based platforms, and may make the recording available for non-circulation use at its library facilities. City shall not sell the recording. City shall provide a copy of the recording to the Contractor, upon the Contractor’s request. Contractor agrees and understands that any audio and/or video record may remain online for public viewing for no longer than seven (7) days. 11.PRESS KIT Upon execution of Agreement, Contractor agrees to provide a high-resolution image of self (headshot preferred) and written biography (up to 300 words) as well as four (4) to five (5) high-resolution images of Artwork being shown in the City. Images shall be delivered to the City's Cultural Arts Manager or Designee in electronic form immediately upon the Agreement's execution. 12.HEALTH & SAFETY All Parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Contractor of the current guidelines prior to entering City facilities. 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. 13.PROJECT PAYMENT SCHEDULE Total cost of project amount shall not exceed ten thousand dollars ($10,000) as follows: Catalog services $3,000 and Artist Residency services $7,000. The loan of the Artwork is included at no additional cost beyond $10,000. Payment includes all services outlined above and covers all associated planning and delivery of services. City will not compensate Contractor for any travel, lodging, or meal expenses. Payment Schedule Activity Initial Payment (20%) $2,000 due upon execution of agreement. 2nd Payment (30%) $3,000 upon delivery of approval of catalog content and delivery to City Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 PSALCA-24077CA City Attorney Approved Version 6/5/2024 Page 12 3rd Payment (30%) $3,000 2/3 completion of Artist Residency. Final Payment (20%) $2,000 due upon completion of Artist Residency and final pick-up of Artwork from City. Total Payment to Contractor Not-to-Exceed $10,000 All fees will be paid as specified above. All invoices shall be submitted to City’s Cultural Arts Manager Craddock Stropes or their Designee and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City’s Library & Cultural Arts Director or Designee. If any unperformed portion of services is cancelled due to the Contractor’s inability to deliver, the non- delivered portion of the event or event services may be, if feasible, rescheduled to a new date(s) that is/are mutually agreeable to City and Contractor. If a replacement event cannot be rescheduled, the fee(s) due to the Contractor may, at City’s sole discretion, be reduced on a pro-rata basis by the value of the service(s) not performed. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Thumbnail sketch of 3D Drawing Display Fred Hope Graphite Pencil 11 x 8.5 in Wholesale Price: $100 November 2024 Tidal Zone Series - The Abbot Kneels Fred Hope Oil on Aluminum 24 x 20 x 2 in Inv #: FWH-02-2023-003 2023 Weight: 4.0 lb Wholesale Price: $5,750 Subject Matter: Surreal Seascape Stealing From Morandi Series - Blue Sake Fred Hope Oil on Aluminum 18 x 24 x 2 in Inv #: FWH-07-2017-001 2017 Weight: 4.0 lb Wholesale Price: $5,500 Subject Matter: Still Life EXHIBIT B WILLIAM D. CANNON ART GALLERY ARTWORK LOAN 1. LENDER'S CONTACT INFORMATION Name: Fred HopePhone: 949-887-1605Address: 3251 Laguna Canyon Road, Laguna Beach, CA 92651Email: fredrichope@mac.com 2. ARTWORK SUMMARY Total number of works: 77 | Total insurance value: $315,150 PSALCA-24077CA Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Floating Series - Trio Fred Hope Oil on Aluminum 20 x 20 x 2 in Inv #: FWH-09-2020-001 2020 Weight: 3.5 lb Wholesale Price: $5,250 Shadows Series - Social Distance Fred Hope Oil on Panel 14 x 14 in Inv #: FWH-12-2020-001 2020 Weight: 5.0 lb Wholesale Price: $3,500 Drawing Series - FWH-01-2021-001 Fred Hope Graphite on Strathmore paper and oil 6 x 8 in Inv #: FWH-01-2021-001 2021 Weight: 1.5 lb Wholesale Price: $800 Subject Matter: Surreal Rockscape Duets Series - FWH-01-2022-001 Fred Hope Oil On Arches Huile Paper on Panel 12 x 12 in Inv #: FWH-01-2022-001 2022 Weight: 2.5 lb Wholesale Price: $3,000 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Shell in Sake cup Fred Hope Oil on Panel 8 x 8 in Inv #: FWH-02-2019-001 2019 Weight: 2.0 lb Wholesale Price: $1,500 Subject Matter: Still Life Drawing Series - FWH-02-2019-002 Fred Hope Graphite on Strathmore paper and oil 7 x 7 in Inv #: FWH-02-2019-002 2019 Weight: 2.0 lb Wholesale Price: $800 Subject Matter: Still Life Trim 4 Square Fred Hope Oil on Aluminum 18 x 24 x 2 in Inv #: FWH-02-2022-001 2022 Weight: 6.0 lb Wholesale Price: $5,500 Subject Matter: Still Life Rock Portrait Series - FWH-03-2019-003 Fred Hope Oil on Panel 15 x 10 in Inv #: FWH-03-2019-003 2019 Weight: 4.0 lb Wholesale Price: $3,100 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Stealing From Morandi Series - FWH-05-2020-001 Fred Hope Oil On Arches Huile Paper on Panel 14 x 14 x 0.25 in Inv #: FWH-05-2020-001 2020 Weight: 5.0 lb Wholesale Price: $3,500 Subject Matter: Still Life Surreal Shoreline Series - FWH-05-2023-001 Fred Hope Oil on Aluminum 20 x 30 x 2 in Inv #: FWH-05-2023-001 2023 Weight: 5.0 lb Wholesale Price: $6,250 Subject Matter: Surreal Seascape Tidal Zone Series - FWH-06-2014-002 Fred Hope Oil On Arches Huile Paper on Panel 18 x 18 x 1.5 in Inv #: FWH-06-2014-002 2012 Weight: 6.0 lb Wholesale Price: $5,000 Tidal Zone Series - FWH-06-2014-003 Fred Hope Oil On Arches Huile Paper on Panel 10 x 10 x 0.25 in Inv #: FWH-06-2014-003 2014 Weight: 3.5 lb Wholesale Price: $1,800 Subject Matter: Rockscape Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Tidal Zone - FWH-07-2013-001 Fred Hope Oil On Arches Huile Paper on Panel 6 x 6 x 0.25 in Inv #: FWH-07-2013-001 c. 2013 Weight: 2.0 lb Wholesale Price: $850 Rock Portrait Series - FWH-07-2016-001 Fred Hope Oil On Arches Huile Paper on Panel 12 x 12 x 0.25 in Inv #: FWH-07-2016-001 2016 Weight: 5.0 lb Wholesale Price: $3,000 Subject Matter: Still Life Rock Portrait Series - FWH-07-2017-002 Fred Hope Oil On Arches Huile Paper on Panel 12 x 12 in Inv #: FWH-07-2017-002 c. 2017 Weight: 4.0 lb Wholesale Price: $3,000 Subject Matter: Still Life Drawing Series - FWH-08-2019-001 Fred Hope Graphite on Strathmore paper and oil 9 x 6 in Inv #: FWH-08-2019-001 2019 Weight: 2.0 lb Wholesale Price: $900 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Drawing Series - FWH-08-2019-002 Fred Hope Graphite on Strathmore paper and oil 6 x 8 in Inv #: FWH-08-2019-002 2019 Weight: 2.0 lb Wholesale Price: $800 Subject Matter: Still Life Drawing Series - FWH-08-2019-003 Fred Hope Graphite and Gold leaf on Strathmore paper 6.5 x 8.5 in Inv #: FWH-08-2019-003 2019 Weight: 1.5 lb Wholesale Price: $900 Subject Matter: Surreal Rockscape Drawing Series - FWH-08-2021-004 Fred Hope Graphite on Strathmore paper 10 x 7 in Inv #: FWH-08-2021-004 2021 Weight: 2.0 lb Wholesale Price: $1,100 Subject Matter: Still Life Portrait Series - FWH-09-2019-002 Fred Hope Oil On Arches Huile Paper on Panel 14 x 14 in Inv #: FWH-09-2019-002 2019 Weight: 5.0 lb Wholesale Price: $3,500 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Drawing Series - FWH-10-2021-001 Fred Hope Graphite on Strathmore paper 8 x 5 in Inv #: FWH-10-2021-001 2021 Weight: 2.0 lb Wholesale Price: $750 Subject Matter: Still Life Drawing Project - FWH-10-2021-003 Fred Hope Graphite on Strathmore paper 5.5 x 6.5 in Inv #: FWH-10-2021-003 2021 Weight: 1.5 lb Wholesale Price: $700 Monolith Series - FWH-10-2023-003 Fred Hope Oil On Canvas 30 x 40 in Inv #: FWH-10-2023-003 2023 Weight: 10.0 lb Wholesale Price: $8,000 Subject Matter: Surreal Rockscape Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Surreal Shoreline Series Fred Hope Oil On Canvas 60 x 36 in Inv #: FWH-10-2023-005 2023 Weight: 18.0 lb Wholesale Price: $15,000 Subject Matter: Surreal Seascape Monolith Series - FWH-10-2024-001 Fred Hope Oil On Canvas 30 x 48 in Inv #: FWH-10-2024-001 2024 Weight: 14.0 lb Wholesale Price: $8,500 Drawing Series - FWH-10-2024-003 Fred Hope Graphite on Strathmore paper and oil 6 x 7 in Inv #: FWH-10-2024-003 2019 Weight: 1.5 lb Wholesale Price: $750 Subject Matter: Still Life Surreal Sketching Series - FWH-12-2024-002 Fred Hope Oil On Arches Huile Paper on Panel 10 x 8 x 0.25 in Inv #: FWH-12-2024-002 2024 Weight: 3.0 lb Wholesale Price: $1,600 Subject Matter: Surreal Seascape Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Surreal Sketching Series - FWH-10-2024-010 Fred Hope Oil On Arches Huile Paper on Panel 8 x 8 x 0.25 in Inv #: FWH-10-2024-010 2024 Weight: 3.5 lb Wholesale Price: $1,500 Subject Matter: Surreal Seascape Tidal Zone Series - FWH-11-2011-001 Fred Hope Oil On Arches Huile Paper on Panel 8 x 8 x 0.25 in Inv #: FWH-11-2011-001 2011 Weight: 2.5 lb Wholesale Price: $1,500 Tidal Zone Series - FWH-12-2013-003 Fred Hope Oil On Arches Huile Paper on Panel 6 x 6 x 0.25 in Inv #: FWH-12-2013-003 c. 2013 Weight: 2.5 lb Wholesale Price: $850 Subject Matter: Seascape Drawing Series - FWH-12-2019-001 Fred Hope Graphite on Strathmore paper and oil 7.5 x 9.5 in Inv #: FWH-12-2019-001 2019 Weight: 2.0 lb Wholesale Price: $1,100 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Stealing From Morandi Series - Fred Hope Oil On Arches Huile Paper on Panel 15 x 15 x 0.25 in Inv #: FWH-07-2020-001 2020 Weight: 6.0 lb Wholesale Price: $4,000 Subject Matter: Still Life Big Mussel Fred Hope Oil On Arches Huile Paper on cutout Panel on backing panel 30 x 30 x 3 in Inv #: FWH-04-2021-001 2021 Weight: 10.0 lb Wholesale Price: $7,000 Subject Matter: Still Life Drawing Series - FWH-02-2019-004 Fred Hope Graphite on Strathmore paper and oil 6.5 x 7.5 in Inv #: FWH-02-2019-004 2019 Weight: 1.5 lb Wholesale Price: $800 Monolith Series - FWH-05-2016-001 Fred Hope Oil On Canvas 36 x 48 in Inv #: FWH-05-2016-001 2016 Weight: 14.0 lb Wholesale Price: $10,000 Subject Matter: Landscape Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Floating Series - FWH-11-2020-001 Fred Hope Oil on Aluminum 20 x 20 x 2 in Inv #: FWH-11-2020-001 2020 Weight: 5.0 lb Wholesale Price: $5,250 Subject Matter: Surreal Rockscape Tidal Zone Series - FWH-10-2023-001 Fred Hope Oil On Arches Huile Paper on cutout Panel on backing panel 23 x 36 x 2.5 in Inv #: FWH-10-2023-001 2023 Weight: 11.0 lb Wholesale Price: $6,500 Subject Matter: Still Life Drawing Project - FWH-04-2019-004 Fred Hope Graphite on Strathmore paper and oil 6 x 6 in Inv #: FWH-04-2019-004 2020 Weight: 3.0 lb Wholesale Price: $700 Subject Matter: Still Life Duets Series - FWH-09-2017-001 Fred Hope Oil on Aluminum 20 x 24 x 2 in Inv #: FWH-09-2017-001 2017 Weight: 5.0 lb Wholesale Price: $5,750 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Stealing From Morandi Series - FWH-08-2021-002 Fred Hope Oil on Aluminum 30 x 36 x 2 in Inv #: FWH-08-2021-002 2021 Weight: 10.0 lb Wholesale Price: $7,500 Subject Matter: Still Life Drawing Series - FWH-02-2020-001 Fred Hope Graphite on Strathmore paper and oil 5 x 8 in Inv #: FWH-02-2020-001 2020 Weight: 2.5 lb Wholesale Price: $750 Subject Matter: Surreal Rockscape Monolith Series - FWH-08-2022-001 Fred Hope Oil On Arches Huile Paper on Panel 8 x 8 x 0.25 in Inv #: FWH-08-2022-001 2022 Weight: 3.5 lb Wholesale Price: $1,500 Drawing Project - FWH-07-2019-001 Fred Hope Graphite on Strathmore paper and oil 6 x 6 in Inv #: FWH-07-2019-001 2019 Weight: 3.0 lb Wholesale Price: $700 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Drawing Project - FWH-01-2019-002 Fred Hope Graphite and Gold leaf on Strathmore paper 8 x 6 in Inv #: FWH-01-2019-002 2019 Weight: 3.0 lb Wholesale Price: $800 Subject Matter: Still Life Drawing Project - FWH-09-2020-002 Fred Hope Graphite on Strathmore paper and oil 6 x 6 in Inv #: FWH-09-2020-002 2020 Weight: 2.0 lb Wholesale Price: $750 Subject Matter: Still Life Time Code Series - FWH-07-2016-002 Fred Hope Graphite on Strathmore paper and oil 6 x 8 in Inv #: FWH-07-2016-002 2016 Weight: 2.5 lb Wholesale Price: $800 Stealing From Morandi Series - Fred Hope Oil on Aluminum 20 x 24 x 2 in Inv #: FWH-05-2018-001 c. 2018 Weight: 5.0 lb Wholesale Price: $5,750 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Tidal Zone - FWH-06-2014-004 Fred Hope Oil on Panel 22 x 22 x 2 in Inv #: FWH-06-2014-004 2014 Weight: 6.0 lb Wholesale Price: $6,000 Subject Matter: Landscape Surreal Shoreline Series - FWH-10-2024-008 Fred Hope Oil On Canvas 36 x 60 x 2 in Inv #: FWH-10-2024-008 2024 Weight: 8.0 lb Wholesale Price: $15,000 Tidal Zone - FWH-01-2014-002 Fred Hope Oil on Panel 22 x 22 x 2 in Inv #: FWH-01-2014-002 2014 Weight: 6.0 lb Wholesale Price: $6,000 Floating Series - FWH-07-2021-001 Fred Hope Oil on Aluminum 24 x 24 x 2 in Inv #: FWH-07-2021-001 2021 Weight: 4.0 lb Wholesale Price: $6,000 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Floating Series - FWH-03-2022-001 Fred Hope Oil on Aluminum 30 x 36 x 2 in Inv #: FWH-03-2022-001 2022 Weight: 6.0 lb Wholesale Price: $7,500 Subject Matter: Surreal Rockscape Stealing From Morandi Series - Floaters Fred Hope Oil on Aluminum 24 x 24 x 2 in Inv #: FWH-09-2022-001 2022 Weight: 4.0 lb Wholesale Price: $6,000 Subject Matter: Still Life Tidal Zone Series - FWH-03-2014-001 Fred Hope Oil on Panel 14 x 14 x 1 in Inv #: FWH-03-2014-001 2014 Weight: 1.5 lb Wholesale Price: $3,500 Duets Series - FWH-06-2021-001 Fred Hope Oil and Encaustic on Aluminum 30 x 30 x 2.5 in Inv #: FWH-06-2021-001 2021 Weight: 8.0 lb Wholesale Price: $7,000 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Monolith Series - FWH-15-2015-001 Fred Hope Oil On Canvas 36 x 60 x 1.5 in Inv #: FWH-15-2015-001 2015 Weight: 13.0 lb Wholesale Price: $15,000 Duets Series -FWH-10-2019-001 Fred Hope Oil on Aluminum Panel 24 x 30 x 2.5 in Inv #: FWH-10-2019-001 2019 Weight: 6.0 lb Wholesale Price: $6,500 Subject Matter: Still Life Surreal Shoreline Series - FWH-11-2024-002 Fred Hope Oil on Aluminum 30 x 36 x 2.5 in Inv #: FWH-11-2024-002 September 2024 Weight: 9.0 lb Wholesale Price: $7,500 Subject Matter: Surreal Seascape Monolith Series - FWH-04-2016-001 Fred Hope Oil On Canvas 24 x 48 x 1.5 in Inv #: FWH-04-2016-001 2016 Weight: 11.0 lb Wholesale Price: $7,750 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Duets Series - FWH-09-2021-003 Fred Hope Oil On Arches Huile Paper on Panel 12 x 10 x 0.25 in Inv #: FWH-09-2021-003 2021 Weight: 4.0 lb Wholesale Price: $2,250 Subject Matter: Still Life Surreal Shoreline Series - FWH-10-2024-006 Fred Hope Oil on Aluminum 18 x 24 x 2 in Inv #: FWH-10-2024-006 2024 Weight: 3.0 lb Wholesale Price: $5,500 Subject Matter: Surreal Seascape Surreal Shoreline Series - FWH-04-2023-001 Fred Hope Oil On Arches Huile Paper on Panel 26 x 20 in Inv #: FWH-04-2023-001 2023 Weight: 3.0 lb Wholesale Price: $6,250 Subject Matter: Surreal Seascape Tidal Zone Series - FWH-11-2017-001 Fred Hope Oil On Arches Huile Paper on Panel 8 x 10 x 0.25 in Inv #: FWH-11-2017-001 2017 Weight: 1.5 lb Wholesale Price: $1,600 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Drawing Series - FWH-11-2019-002 Fred Hope Graphite on Strathmore paper 12 x 10 in Inv #: FWH-11-2019-002 c. 2019 Weight: 2.5 lb Wholesale Price: $1,500 Subject Matter: Still Life Duets Series - FWH-09-2017-100 Fred Hope Oil On Canvas 30 x 40 in Inv #: FWH-09-2017-100 2017 Weight: 8.0 lb Wholesale Price: $8,000 Subject Matter: Still Life Floating Series - FWH-06-2023-001 Fred Hope Oil on Aluminum 24 x 24 x 2 in Inv #: FWH-06-2023-001 2023 Weight: 5.0 lb Wholesale Price: $6,000 Drawing Series - FWH-04-2021-003 Fred Hope Graphite on Strathmore paper 6.5 x 6.5 in Inv #: FWH-04-2019-003 2019 Weight: 1.0 lb Wholesale Price: $750 Subject Matter: Surreal Rockscape Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Duets Series - FWH-03-2019-002 Fred Hope Oil on Aluminum 24 x 30 x 2 in Inv #: FWH-03-2019-002 2019 Weight: 3.0 lb Wholesale Price: $6,500 Subject Matter: Still Life Still Life Series - FWH-05-2020-002 Fred Hope Oil On Arches Huile Paper on Panel 11 x 14 in Inv #: FWH-05-2020-002 2020 Weight: 3.0 lb Wholesale Price: $3,100 Subject Matter: Still Life Duets Series - FWH-11-2018-002 Fred Hope Oil On Arches Huile Paper on Panel 13 x 13 in Inv #: FWH-11-2018-002 2018 Weight: 3.0 lb Wholesale Price: $3,250 Subject Matter: Still Life Duets Series - FWH-02-2018-003 Fred Hope Oil On Arches Huile Paper on Panel 12 x 12 in Inv #: FWH-02-2018-003 2018 Weight: 4.0 lb Wholesale Price: $3,000 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Duets Series - FWH-03-2023-001 Fred Hope Oil On Arches Huile Paper on Panel 14 x 14 in Inv #: FWH-03-2023-001 2023 Weight: 5.0 lb Wholesale Price: $3,500 Subject Matter: Still Life Tidal Zone Series - FWH-11-2013-002 Fred Hope Oil On Arches Huile Paper on Panel 12 x 12 in Inv #: FWH-11-2013-002 c. 2013 Weight: 4.0 lb Wholesale Price: $3,000 Subject Matter: Seascape Stealing From Morandi Series - Fred Hope Oil and Encaustic on Panel 12 x 12 in Inv #: FWH-12-2020-002 2020 Weight: 3.0 lb Wholesale Price: $3,000 Subject Matter: Still Life Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 Excluded Berkshire Hathaway Direct Insurance Company 10391 01/03/2025 The City of Carlsbad 1775 Dove Lane Carlsbad, CA 92011 X X X N9BP448901 01/04/2025 01/04/2026A 5,000 1,000,000 50,000 2,000,000 2,000,000 Fredric Hope 319 Avenida Carmel Laguna Woods, CA 92637 BIBERKP.O. Box 113247Stamford, CT 06911 Professional Liability (Errors & Omissions): Claims-Made Per Occurrence/ Aggregate 203-654-3613844-472-0967 customerservice@biBERK.com The City of Carlsbad is listed as additional insured as it pertains to general liability. 01/10/2025 X CERTIFICATE OF LIABILITY INSURANCE DA TE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer 1i ·11t to the certificate holder in lieu of such entto.:irsemen lsJ, PRODUCER ill'tSi ~R S • AFFORDING COVERAGE NAIC# INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M. TYPE OF INSURANCE ADD.LI !!! FOL.ICY NUMBER' I~!~,~ ~-ev 6~ LIMITS IN!;sll"i l1ll.l'V[I; II l'liJl!Jrt . • ~ . C iilffY't COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE --D CLAIMS-MADE □ OCCUR !'!~€,-~d:1.it•~ ~y --s MED EXP IArff one OEmJn, 5 - PERSONAL & ADV INJURY 5 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ! ~ Q PRO-~LOC PRODUCTS -COMP/OP AGG ~ POLICY JECT c:r,r~ $ AUTOMOBILE LIABILITY DCilJ,'l-:lltlfii~· -~11,!ci F LI'~ I (1Pn;fl~~ $ - ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY H AUTOS BODILY INJURY (Per accident) $ -HIRED NON-OWNED ~~~~~~JL1Pi=11= $ -AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE ~ - EXCESS LIAB CLAIMS-MADE AGGREGATE 2: olil:J I I ~ET5rn.-:11 ~ ~ 5 WORKERS COMPENSATION I ~711YE I ,~H-AND EMPLOYERS' LIABILITY Y/N ANYPROPRI ETOR/PARTN ER/EXECUTIVE □ EL. EACH ACCIDENT 2: OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE-EAeill"':..1Wel: $ lft:-Jescribe under Or. .'.'" · •Pn□£,J CIF 0~fH'fflO:tS l!r.'.cw E.L. DISEASE-POLICY LIMIT - DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~fell... 6'~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 01/03/2025 Berkshire Hathaway Direct Insurance Company X X 0 001/04/2025 01/04/2026 The City of Carlsbad 1775 Dove Lane Carlsbad, CA 92011 N9BP448901 Bldg #001: Advertising and Related Services (Office) - 6365101 Location: 319 Avenida CarmelLaguna Woods, CA 92637 n/a n/a n/a Fredric Hope 319 Avenida CarmelLaguna Woods, CA 92637 BIBERKP.O. Box 113247Stamford, CT 06911 541810 250 (203) 654-3613 salessupport@biberk.com (844) 472-0967 0 0 01/10/2025CERTIFICATE OF PROPERTY INSURANCE DA TE (MM/DD/YYYY) 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. PRODUCER FAX. ,~~.=-:,=u~-------------_._..~No ~ INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DA TE (MM/DD/YYYY) DATE (MM/DD/YYYY) LJ PROPERTY BUILDING 1s; -CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY - ~JJ.l.:JlriJG ---BASIC BUSINESS INCOME :i: -BROAD ~a~ EXTRA EXPENSE :i -SPECIAL RENT AL VALUE --EARTHQUAKE BLANKET BUILDING $ -WIND BLANKET PERS PROP ii -FLOOD BLANKET BLDG & PP ~ -:i: -j; INLAND MARINE TYPE OF POLICY ii --CAUSES OF LOSS :ii --NAMED PERILS POLICY NUMBER 5: -- ~ CRIME Si --TYPE OF POLICY i: -~ I BOILER & MACHINERY/ -1i. 1-. EQUIPMENT BREAKDOWN lj --~ SPECIAL CONDITIONS/ OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~klL, 6'~ © 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: N9BP448901 BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BP 04 48 01 06  ISO Properties, Inc., 2004 Page 1 of 1  ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Carlsbad Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II – Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. U33 12-17 MAILING ADDRESS FREDRIC WHEELER HOPE 319 AVENIDA CARMEL UNIT C LAGUNA WOODS CA 92637-3436 To whom it may concern: This letter is to verify that we have issued coverage under the above policy number for the dates indicated in the effective and expiration date fields for the vehicle listed. This should serve as proof that the below mentioned vehicle meets or exceeds the financial responsibility requirement for your state. This verification of coverage does not amend, extend or alter the coverage afforded by this policy. GEICO GENERAL INSURANCE COMPANY VERIFICATION OF COVERAGE (SEE BELOW UNDER CAUTIONARY NOTE) GEICO Washington DC Policy Number: 4074747611 Effective Date: 09-05-24 Expiration Date: 03-05-25 Registered State: CALIFORNIA Vehicle Year: 2011 Make: FORD Model: TRANSIT CO VIN: NM0LS7BN2BT048414 COVERAGES LIMITS DEDUCTIBLES Bodily Injury Liability Each Person/Each Occurrence $50,000/$100,000 Property Damage Liability $25,000 Uninsured & Underinsured Motorists Each Person/Each Occurrence $50,000/$100,000 Uninsured Motorists Property Damage $3,500 Lienholder Additional Insured Interested Party Additional Information: Issue Date: 11-22-24 If you have any additional questions, please call 1-800-841-3000. CAUTIONARY NOTE: THE CURRENT COVERAGES, LIMITS, AND DEDUCTIBLES MAY DIFFER FROM THE COVERAGES, LIMITS AND DEDUCTIBLES IN EFFECT AT OTHER TIMES DURING THE POLICY PERIOD. THIS VERIFICATION OF COVERAGE REFLECTS THE COVERAGES, LIMITS, AND DEDUCTIBLES AS OF THE ISSUED DATE OF THIS DOCUMENT WHICH IS SHOWN UNDER "ADDITIONAL INFORMATION" OR IF AN ISSUED DATE IS NOT SHOWN, THE DATE OF THIS FACSIMILE OR EMAIL. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 CERTIFICATE OF EXEMPTION WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE I, , am the [insert name] [title] of . I hereby certify that [name of company] [name of company] has no employees and is not required by law to maintain workers’ compensation or employers’ 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] then workers’ compensation and employers’ liability insurance will be obtained. [Name] [Title and name of company or corporation] Fredric W. Hope Sole Proprietor Fredric Hope, Fine Artist Fredric Hope, Fine Artist Fredric Hope, Fine Artist No work expected or equired to be contracted Fredric W. Hope Sole Proprietor , Fredric Hope, Fine Artist Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: (Name and Department) (Date) Proposed modification(s) to the __________________ requirement(s) for (Type of insurance) (Name of contract) Reduce coverage to the amount of: $ . Waive coverage Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $ . Work will be completed over a period of . Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by Risk Manager for this contract only: (Signature) (Date) Alyson Benford, Library & Cultural Arts Department 11/25/2024 auto, CGL, prof. liab.Fredric Hope dba Fred Hope n CGL reduced to $1,000,000; personal auto insurance sufficient; waive professional liability n NTE $10,000 one year n PSALCA-24077CA Guest artist residency for exhibit at the William D. Cannon Art Gallery from February 7 to June 28, 2025, which will pose minimal risk. Docusign Envelope ID: 736E6E6B-FE6F-4BD1-8986-6951B600F281 1/10/2025 □ □ □ □ □