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HomeMy WebLinkAboutPiece by Piece; 2026-05-15; PSA26-4067ENVPSA26-4067ENV City Attorney Approved Version 10/23/2025 Page 1 AGREEMENT FOR MOSAIC AWARDS, PLAQUES AND WORKSHOP SERVICES PIECE BY PIECE THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation (“City”) and Piece by Piece, a California non-profit corporation (“Contractor”). RECITALS City requires the services of a consultant that is experienced in mosaic awards, plaques and workshop services. Contractor has the necessary experience in providing these 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 in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in Exhibit “A and B,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM The term of this Agreement will be effective from the date first above written to October 1, 2026. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed Seven thousand two hundred twenty ($7,220) . No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are Net 30 (thirty) unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. 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. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City Engineer approves otherwise, Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 May 15th PSA26-4067ENV City Attorney Approved Version 10/23/2025 Page 2 located at http://learn.procore.com/procore-certification-subcontractor. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement. 5. 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. 6. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless 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 in this Agreement caused by any willful misconduct or negligent act or omission of 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 California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, 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 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 Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program 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. Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 PSA26-4067ENV City Attorney Approved Version 10/23/2025 Page 3 7. 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 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 City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to City. The full limits available to the named insured shall also be available and applicable to the 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. 8. 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 Avecita Jones Name Lauren Lancy Title Senior Program Manager Title Social Enterprise Manager Department Public Works Address 1001 Wilshire Blvd Ste 1151 City of Carlsbad Los Angeles, CA 90017 Address 1635 Faraday Ave Phone No. (213)458-8260 Carlsbad, CA 92008 Email Lauren@piecebypiece.org Phone No. 442-339-2542 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. 9. 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. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 PSA26-4067ENV City Attorney Approved Version 10/23/2025 Page 4 If yes, list the contact information below for all individuals required to file: Name Email Phone Number 10. 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. 11. 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. 12. 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. 13. 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, California 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. 14. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. 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. 15. 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. Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 PSA26-4067ENV City Attorney Approved Version 10/23/2025 Page 5 16. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 17. 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. 18. 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. 19. 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. 20. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures on following page] Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 PSA26-4067ENV City Attorney Approved Version 10/23/2025 Page 6 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California PIECE BY PIECE, a California non-profit corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Maggie Bohlman, Executive Director (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy / Assistant 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: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 PSA26-4067ENV City Attorney Approved Version 10/23/2025 Page 7 EXHIBIT A SCOPE OF SERVICES AND FEE See attached Exhibit B dated April 21, 2026. Awards and Workshop Pricing Total ● Awards Total: $3,940 ● Workshop Total: $3,280 ●Grand Total: $7,220 plus applicable taxes Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 About Piece by Piece Mission To empower residents who have experienced homelessness or economic insecurity by providing free mosaic art workshops that build confidence, generate supplemental income, promote wellness and improve quality of life. Vision A community where unhoused and economically insecure Angelenos can heal through creativity, gain financial stability and contribute to the beautification of Los Angeles through mosaics both large and small. Goal To promote wellness and healing through community-building art workshops; to offer an avenue for artists to earn income through our social enterprise; and to provide the support participants need to transform their lives. PREPARED FOR: fCarlsbad City o PSA26-4067ENV Exhibit "B" Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 Timeline ●Start date: ●Completion date: Awards Pricing ●Awards Total: $3,940 July 21, 2026 September 1, 2026 Fabrication: The artwork will be fabricated at Piece by Piece studios by certified artists under the supervision of our instructors. We will use new and repurposed glass and tile ● Total: $3,900 for ten mosaic awards ($390 per award with laser cutting) ● Shipping: $40 from Los Angeles to Carlsbad plus applicable taxes Awards Project Title: City of Carlsbad Awards September 2026 Type: Awards / Gifts Description: Ten 6x9" awards (no engraved plates) Materials: New and recycled tiles, glass, and similar materials. Repurposed or recycled content is preferred to lessen the impact of new materials on the environment and offset carbon load. Design: CARLSBAD sign with flowers, similar to below: PSA26-4067ENV Exhibit "B" (cont.) Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 Pricing Activity Description Awards and Workshop Pricing Total ●Awards Total: $3,940 ●Workshop Total: $3,280 ●Grand Total: $7,220 Mosaic Plaque Making in Carlsbad Workshop on May 20, 2026 plus applicable taxes Thank you for reaching out to explore a meaningful and creative experience for the City of Carlsbad team with Piece by Piece. We are excited to offer you an interactive mosaic experience.The workshop will be from 9AM - 12PM on May 20th at Alga Norte Community Park, 6565 Alicante Rd, Carlsbad, CA 92009. Each guestwill have the opportunity to create a “paint by number” landscape 6x9” plaque mosaic by gluing broken glass and tile pieces onto a prepared surface with a pencil sketch. This project typically requires three hours of hands-on time per participant. After the workshop, each guest will have the option to take their piece home (in a small take-home box containing their mosaic, powdered grout, and easy-to-follow instructions for grouting at home once the adhesive has set) or they can leave their mosaic with PxP artists to finish and grout for later shipping. BaseRate: Includes 3 hours onsite in Carlsbad with a mosaic instructor, including setup, preparation of a pencil sketch and materials, clean up, finishing, grouting, and shipping: $1,800 Mosaic Plaques: $110 per person for 8 guests: $880 Printed Tiles: Sustainable Carlsbad logo $100 Travel Costs: $500 for an instructor and a staff artist Total for 6x9” Plaques: $3,280 Design includes a printed logo tile to place in the mosaic Workshop includes informational overview and materials about Piece by Piece. All materials, tools, table coverings, table setup, take-home packaging or finishing and shipping Artist facilitation and participant engagement A personalized, hands-on creative experience Pricing Note: Pricing reflects artist wages, materials, preparation, facilitation, and post-event studio work, ensuring fair pay and meaningful employment for Piece by Piece artists. Please see seperate document for more workshop details. PSA26-4067ENV Exhibit "B" (cont.) Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 ●Client: Itzel Gonzalez Mesinas ●. Email: Itzel.GonzalezMesinas@carlsbadca.gov ●Preparation of an initial design sketch with up to two drawing revisions. Additional revisions are billed at $150 per hour. ●All materials required to complete the mosaic. ●Fabrication by certified Piece by Piece artists. ●A complimentary studio tour and opportunity to meet the artists. 1. This proposal is valid for 14 days from the proposal date. 2.Delivery dates cannot be confirmed without payment. 3. We will hold your position on the production schedule for ten (10) businessdays after the contract is signed. If requested, completed artwork may be stored for up to thirty (30) days at no charge. Thereafter, a storage fee of four percent (4 %) of the total contract price per month will apply. 4.Publicity: We reserve the right to photograph and/or video any aspect of the project for promotional purposes. Engraved nameplate information will not be shared without prior approval. 5.Awards and Ceremonies: If the artwork is presented at an event, please acknowledge Piece by Piece in the program and/or from the stage. We request a photograph of the honoree with the award. 6.Invoicing and Payment: Upon execution of this agreement, Piece by Piece will issue an invoice for the deposit and subsequent invoices at each project milestone. The Client Information: Awards Cost Includes ClientBilling Address: TermsandConditions ProposalValidity: Scheduling: Hold Policy: Client Shipping Address: (please provide) deposit is due immediately. PSA26-4067ENV Exhibit "B" (cont.) Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 Name: Maggie Bohlman TItle: Executive DIrector Date: 04/21/2026 Name: Title: Date: Lauren Lancy | Social Enterprise Manager Email: Lauren@piecebypiece.org | Phone: (213) 458-8260 By signing below, the client acknowledges that they have read, understood, and agree to the terms and conditions set forth in this agreement. 7.Damage and Repairs: All mosaics will be delivered complete and damage free. Mosaic is a durable material and meant to be long lasting. Repair services may be available for an additional fee in the unlikely event a piece is damaged. 8.Intellectual Property: Piece by Piece retains copyright to all design concepts unless otherwise agreed in writing. The Client is granted a non-exclusive license to display the completed artwork. Piece by Piece Signature: Acceptance Client Signature: Contact PSA26-4067ENV Exhibit "B" (cont.) Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/8/2026 25011 Piece by Piece 1815 South Soto Street Los Angeles, CA 90023 A X WEP3857785 5/17/2026 5/17/2027 1,000,000 1,000,000 1,000,000 Waiver of Subrogation is granted in favor of the Certificate Holder with regards to the Workers Compensation policy. City of Carlsbad/CMWD 1635 Faraday Ave Carlsbad, CA 92008 PIECBYP-02 WPRINCE AP Intego Insurance Group, LLC 1601 Trapelo Rd Suite 280 Waltham, MA 02451 support@apintego.com Wesco Insurance Company X Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 ACORD" I ~ Docusign Envelope ID: 2EB0C4D6-B322-4948-979B-C1DA524643C5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Carlsbad/CMWD 1635 Faraday Ave Carlsbad CA 92008 Schedule Job Description Teaching an art mosaic workshoip This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/20/2026 Policy No. Insured Piece by Piece Insurance Company Wesco Insurance Company WEP3857785 Endorsement No. 2 Premium $ 4,432 Countersigned by __________________ _ WC040306 (Ed. 04-84)