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Art Venture LLC dba Abrakadoodle; 2015-09-25;
AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR ART CLASSES SERVICES ARTVENTURE LLC DBA ABRAKADOODLE A, This Amendment No. 2 is entered into and effective as of the 'l,$-t\.A-day of ~A.b~ , 20_.fl_, extending the agreement dated September 25, 2015 (the "Agement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Art Venture Limited Liability Company DBAAbrakadoodle, ("Contractor") (collectively, the "Parties") for instructing and teaching and instructing art classes. RECITALS A. On September 14th, 2017, the Parties executed Amendment No. 1 to the Agreement to extend art class services for two years, ending September 25, 2019 B. The Parties desire to extend the agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending September 25, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. II II II II II II II II II City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: BARBARA ENGLESON City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIAA. BREWER, City Attorney City Attorney Approved Version 1 /30/13 2 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 10/08/2018 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(&). PROOUCER ~n'U:~cT STATE FARM INSURANCE r.H~.t c-•· 858-679-2880 I r:~ Nol: 858-798-9994 12396 World Trade Dr., Suite 113 i~~SS: ~ San Diego, CA 92128 PROOUCER ,... ·----·--1n •· \ INSURER/SI AFFORDING COVERAGE NAICII INSURED INSURER A : State Farm General Insurance Company 25151 Art Venture LLC INSURER B: State Farm Fire and Casualty Company 25143 4142 Los Padres Dr INSURERC: Fallbrook, CA 92028 INSURERD: INSURERE: INSURERF: 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 IMTH RESPECT TO \NHICH 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 SHO\NN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL 5U0n POLICYEFF .~3~~1 LIMITS LTR O&>~b ... ~ POLICY NUMBER IMM/DDIYYYVI A GENERAL LIABILITY -90-CP-N902-6 01/01/2015 01/01/2020 EACH OCCURRENCE s 1,000,000 PREMISE~ YE~~~ce\ X COMMERCIAL GENERAL LIABILITY ~ □ $ D CLAIMS-MADE ~ OCCUR y 5,000 ~ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG $ 2,000,000 xl POLICY n P,f P-r n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -(Ea accident) -□ ANY AUTO BODILY INJURY (Per person) s - All OIM-lED AUTOS --BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE -$ HIRED AUTOS (Per accident) - NON-0\t\NED AUTOS $ - $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESSLIAB CLAIMS-MADE ~ □ AGGREGATE $ DEDUCTIBLE $ - RETENTION $ $ B WORKERS COMPENSATION 90-C0-F838-6 04/22/2018 04/22/2019 X I T~~T ~J,~:;: I 1°w-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ~ □ E.l. EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? Y N/A 'Mandatory In NH) E.l. DISEASE -EA EMPLOYEE $ 100.000 f yes, describe under h"'~•• E.L. DISEASE -POLICY LIMIT $ 500,000 <:Pl=f'.IAI -□ DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remar1<s Schedule, If mo,. space ls requl,.dl The City of Carlsbad, its officers, employees, agents and volunteers as additional insured. CERTIFICATE HOLDER CANCELLATION The City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 2997 Glasgow Dr POLICY PROVISIONS. Carlsbad, CA 92010 AUTHORIZED REPRESENTATIVE I BRUCE HOFBAUER © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 1001486 132849.4 02-11-2010 I 11 Statef~1rm . (A) STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH 1-IOME OFFICES IN BLOOMINGTON, /LLINOIS DECLARATIONS AMENDED JUN 28 2019 Po Box 853925 Policy Number 90-CP-N902-6 Richardson, TX 75085-3925 Addi Insured-Section II Only M-12-1112-FA59 F N 001255 3123 Policy Period Effective Date Expiration Date 12 Months JAN 1 2019 JAN 1 2020 lhe policy period beains ctnd ends at 12:01 am standard time at the premises Tocatton. ~~~ ~ THE CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, AGENTS & VOLUNTEERS 2997 GLASGOW DR CARLSBAD CA 92010-6539 Named Insured ART VENTURE LLC 4142 LOS PADRES DR FALLBROOK CA 92028-9142 ..:. (J) •'l1•1•'l'l'1l1l11l11lllll1ll11ll111l11111111l1 1111ll•1'•111ll 1l1 Businessowners Policy Automatic Renewal -If the policy period is shown as 12 months, this policy will be renewed automatically subject to the premiums. rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lien holder written notice in compliance with the policy provisions or as required by law. Entity: Limited Liability Company Reason for Declarations: Your policy is amended JUN 28 2019 ADDITIONAL INSURED DELETED ADDITIONAL INSURED ADDED PREMIUM ADJUSTMENT Endorsement Premium Discounts Applied: Renewal Year Years in Business Claim Record Prepared JUL 17 2019 CMP-4000 FORM CMP-4860.1 DELETED FORM CMP-4860.1 ADDED None © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 010014 290 Al Continued on Reverse Side of Page N Page 1 of 6 DECLARATIONS (CONTINUED) Buslnessowners Polley for THE CITY OF CARLSBAD, ITS Polley Number 90-CP-N902-6 SECTION I -PROPERTY SCHEDULE Location Location of Limit of Insurance* Number Described Premises Coverap,e A -Build ngs 001 4142 LOS PADRES DR FALLBROOK CA 92028-9142 No Coverage Limit of Insurance* Seasonal Increase-Covera~e B-Business Business ersonal Personal Property Property $ 1,400 25% * As of the effective date of this pohcy, the Lrmrt of Insurance as shown includes any increase in the hmrt due to Inflation Coverage. SECTION ! -INFLATION COVERAGE INDEX<ES) Cov A -Inflation Coverage Index: Cov B -Consumer Price Index: SECTION I -DEDUCTIBLES Basic Deductible Special Deductibles: Money and Securities $1,000 $250 N/A 252.1 Equipment Breakdown Other deductibles may apply -refer to policy. Prepared JUL 17 2019 CMP-4000 010014 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Continued on Next Page $1,000 Page 2 of 6 Statefarm (A DECLARATIONS (CONTINUED) Businessowners Polic~ for THE CITY OF CARLSBAD, ITS Policy Number 90-CP-N902-6 l~~s~Ec_T_1_o_N_1_-_E_X~T-EN-s-1_o_N_s_o_F_c_o_v_E_R_A~G=E---u-M-1T-o_F-1N-s~u-R-A-N-c~E--_E=A=c_H~D-Es_c=R-1-B-E-D_P_R=E=M-1s-E-s ______ _ I The coverages and corresponding limits shown below apply separately to each described premises shown In these Declarations, unless indicated by "See Schedule." If a coverage does not have a corresponding limit shown below, but has "Included" indicated, please refer to that policy provision for an explanation of that coverage. COVERAGE Accounts Receivable On Premises Off Premises Arson Reward Collapse Damage To Non-Owned Buildings From Theft, Burglary Or Robbery Debris Removal Equipment Breakdown Fire Department Service Charge Fire Extinguisher Systems Recharge Expense Forgery Or Alteration Glass Expenses Increased Cost Of Construction And Demolition Costs {applies only when buildings are insured on a replacement cost basis) Money And Securities (Off Premises) Money And Securities (On Premises) Money Orders And Counterfeit Money Newly Acquired Business Personal Property (applies only if this policy provides Coverage B -Business Personal Property) Newly Acquired Or Constructed Buildings (applies only if this policy provides Coverage A -Buildings) Prepared JUL172019 CMP-4000 010015 290 N © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Continued on Reverse Side of Page LIMIT OF INSURANCE $10,000 $5,000 $5,000 Included Coverage B Limit 25% of covered loss Included $2,500 $5,000 $10,000 Included 10% $2,000 $5,000 $1,000 $100,000 $250,000 Page 3 of 6 DECLARATIONS (CONTINUED) Buslnessowners Polley for THE CITY OF CARLSBAD, ITS Polley Number 90-CP-N902-6 Ordinance Or Law -Equipment Coverage Outdoor Property Personal Effects (applies only to those premises provided Coverage B -Business Personal Property) Personal Property Off Premises Pollutant Clean Up And Removal Preservation Of Property Property Of Others (applies only to those premises provided Coverage B -Business Personal Property) Signs Valuable Papers And Records On Premises Off Premises Water Damage, Other Liquids, Powder Or Molten Material Damage SECTION I· EXTENSIONS OF COVERAGE -blMII OF INSURANCE -PER POLICY Included $5,000 $2,500 $15,000 $10,000 30 Days $2,500 $2,500 $10,000 $5,000 Included The coverages and corresponding llmlts shown below are the most we will pay regardless of the number of described premises shown In these Declarations. COVERAGE LIMIT OF INSURANCE Loss Of Income And Extra Expense Actual Loss Sustained -12 Months SECTION u -LIABlLIIY LIMIT OF COVERAGE INSURANCE Coverage L -Business Liability $1,000,000 Prepared JUL 17 2019 © Copyright, State Farm Mutual Automobile Insurance Company, 200B CMP-4000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 010015 Continued on Next Page Page 4 of 6 I II: Sf ate Farm (A/ DECLARATIONS (CONTINUED) Businessowners Polic'l for THE CITY OF CARLSBAD, ITS Policy Number 90-CP-N902-6 Coverage M -Medical Expenses (Any One Person) ~ Damage To Premises Rented To You $5,000 $300,000 LIMIT OF AGGREGATE LIMITS INSURANCE ,.:. if) Products/Completed Operations Aggregate General Aggregate Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II -Liability in the Coverage Form and any attached endorsements. $2,000,000 $2,000,000 Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP-4101 CMP-4860.1 FE-6999.2 CMP-4709 CMP-4705.2 CMP-4260 FD-6007 Prepared JUL 17 2019 CMP-4000 010016 290 N Businessowners Coverage Form • Al Design Person Org Terrorism Insurance Cov Notice Money and Securities Loss of Income & Extra Expense Amendatory Endorsement Inland Marine Attach Dec • New Form Attached © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Continued on Reverse Side of Page Page 5 of 6 DECLARATIONS (CONTINUED) Buslnessowners Polley for THE CITY OF CARLSBAD, ITS Polley Number -g0-cP-N902-6 This policy is issued by the State Farm General Insurance Company. Participating Polley You are entitled to participate In a distribution of the earnings of the company as determined by our Board of Directors in accordance with the Company's Articles of Incorporation, as amended. In Witness Whereof, the State Farm General Insurance Company has caused this policy to be signed by Its President and Secretary at Bloomington, Illinois. ~m-~ ~~ Secretary President IMPORTANT NOTICE: California law requires us to provide you whh Information for filing complaints with the State Insurance Department regarding the coverage and service provided under Ihle policy. Your agent's name and contact Information are provided on the front of this document. Another option Is to reach out by mall or phone directly to: State Farm® Executive Customer Service PO Box 2320 Bloomington IL 61702 Phone# 1-800-STATEFARM (1-800-782-8332) Department of Insurance complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. California Department of Insurance Consumer Services Division 300 South Spring Street Los Angelea, CA 90013 Phone# 1-soo-927-HELP (4357) or visit www,ineurance,ca.aov101-consumers Prepared JUL172019 CMP-4000 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 010016 290 N Page 6 of 6 StateFarm STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS INLAND MARINE ATTACHING DECLARATIONS A Po Box 853925 Richardson, TX 75085-3925 Named Insured ART VENTURE LLC 4142 LOS PADRES DR M-12-1112-FA59 F N Policy Number 90-CP-N902-6 Policy Period Effective Date Expiration Date 12 Months JAN 1 2019 JAN 1 2020 T.he policy period begins c1nd ends at 12:01 am standard time atthe prem1seslocabon. RI I FALLBROOK CA 92028-9142 ..:. U) ATTACHING INLAND MARINE Automatic Renewal -If the policy period is shown as 12 months, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Annual Policy Premium Included The above Premium Amount is included in the Policy Premium shown on the Declarations. Your policy consists of these Declarations, the INLAND MARINE CONDITIONS shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequentto the issuance of this policy. Forms, Options, and Endorsements FE-8739 FE-6271 FE-8745 Inland Marine Conditions Amendatory Endorsement Inland Marine Computer Prop See Reverse for Schedule Page with Limits Prepared JUL172019 FD-6007 010017 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of lnst1rance Services Office, Inc., with its permission. ~30 606 o.2 05 31 2011 lo113232c) 90-CP-N902-6 ATTACHING INLAND MARINE SCHEDULE PAGE ATTACHING INLAND MARINE ENDORSEMENT NUMBER FE-8745 COVERAGE Inland Marine Computer Prop Loss of Income and Extra Expense $ $ LIMIT OF INSURANCE 25,000 25,000 DEDUCTIBLE AMOUNT $ 500 ANNUAL PREMIUM Included Included ----------OTHER LIMITS AND EXCLUSIONS MAY APPLY -REFER TO YOUR POLICY---------1 Prepared JUL172019 FD-6007 010017 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 530-686 o.2 01 31-2011 folf3233c TW Policy No.: 90-CPN902-6 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 90-CPN902-6 Named Insured: ART VENTURE LLC Additional Insured (include address): The City of Carlsbad, its officers, employees, agents and volunteers 2997 Glasgow Dr Carlsbad, CA 92010 FE-6609 ........ ," WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ~ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 USA Printed in AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR ART CLASSES SERVICES ARTVENTURE LLC OBA ARBRAKADOODLE endment No. 1 is entered into and effective as of the J.1._ day of ...._~q,i<..~~...J->,,_..:;::,._ ____ , 20.El, extending the agreement dated September 25, 2015 (the "A reement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Art Venture Limited Liability Company OBA Abrakadoodle ("Contractor") (collectively, the "Parties") for teaching and instructing art classes. RECITALS A. The Parties desire to extend the agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending September 25, 2019. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. II II II II II II II II II City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR By: By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California BARBARA ENGLESON City Clerk I 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY: Ucc~c Z~~ --------------Assist e At City Attorney wpdil- City Attorney Approved Version 1/30/13 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/29/2017 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 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). PRODUCER CONTACT STATE FARM INSURANCE NAME: r.tJ9N,_t ~-"· 858-679-2880 I FAX IA/C Nol: 858-798-9994 12396 World Trade Dr., Suite 113 E-MAIL ADDRESS: ~ San Diego, CA 92128 PRODUCER t"lJSTOMEI> ID It· ' INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: State Farm General Insurance Company 25151 Art Venture LLC INSURER B : State Farm Fire and Casualty Company 25143 670 Georgine Rd INSURER C: Fallbrook, CA 92028 INSURER D: INSURER E: INSURER F: 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. INSR ADDL SUBR I POLICY EFF /OLICY EXP LTR TYPE OF INSURANCE , .. ,,., wvn POLICY NUMBER MM/DD/YYYYl MM/DD/YYYYl LIMITS A GENERAL LIABILITY 90-CP-N902-6 01/01/2015 01/01/2018 EACH OCCURRENCE $ 1,000,000 -DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY ~ D PREMISES /Ea occurrence\ $ -D CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY f---$ 1,000,000 GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 l><l nPRO-nLOC $ POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ~ (Ea accident) ANY AUTO D D BODILY INJURY (Per person) $ ~ ALL OWNED AUTOS $ ~ BODILY INJURY (Per accident) SCHEDULED AUTOS PROPERTY DAMAGE -$ HIRED AUTOS (Per accident) - NON-OWNED AUTOS $ - $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ f--- EXCESS LIAB CLAIMS-MADE D D AGGREGATE $ DEDUCTIBLE $ - RETENTION $ $ WORKERS COMPENSATION 90-CT-M946-9 04/22/2017 04/22/2018 x I T'b~JitJNs I IOTH-B AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE CS:] D E.L. EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? y N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 100,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 500,000 c-n.-,-r-1,0.1 -~ ·-h ·'-· D D DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Form -FE-6609 Section II -Additional Insured Endorsement -is attached to the policy naming The City of Carlsbad, its officers, employees, agents and volunteers as additional insured. CERTIFICATE HOLDER CANCELLATION The City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 2997 Glasgow Dr POLICY PROVISIONS. Carlsbad, CA 92010 AUTHORIZED REPRESENTATIVE I BRUCE HOFBAUER © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 1001486 132849.4 02-11-2010 TW Policy No.: 90-CPN902-6 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 90-CPN902-6 Named Insured: ART VENTURE LLC Additional Insured (include address): The City of Carlsbad, its officers, employees, agents and volunteers 2997 Glasgow Dr Carlsbad, CA 92010 FE-6609 STATI ,._ •• A WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ~ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 U.SA Printed in AGREEMENT FOR (ART CLASSES) SERVICES (ARTVENTURE LLC DBA ARBRAKADOODLE) AGREEMENT is made and entered into as of the day of 20 JS by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Art Venture Limited Liability Company DBA Abrakadoodle ("Contractor"). RECITALS A. City requires the professional services of an art class provider that is experienced in teaching and instrucfing art classes. B. Contractor has the necessary experience in providing professional services and advice related to teaching and instructing art classes. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in considerafion 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and condifions. The City expects the result of Contractor's services to be the enjoyment and increased knowledge, skill, and/or ability of course participants. Contractor has sole control over the manner and means of accomplishing this result; however, the City may monitor Contractor's course(s) to confirm that this result is being achieved and that CONTRACTOR is complying with the terms of this Agreement. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term ofthis Agreement will be effective for a period of 2 years from the date first above written. The City Manager may amend the Agreement to extend it for 2 additional 2 year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION City will collect the fee specified in Exhibit "A", plus a transaction, and non-resident fee, if applicable, from each participant who registers for Contractor's course(s). As payment for Contractor's service(s). Contractor will receive an amount equal to sixty percent (60%) of the City Attorney Approved Version 6/23/15 fees and/or any fees that are refunded. Contractor will be required to set class fees within the current market range, excluding any fees set by City Council. The City reserves the right to deny a contract or class if fees do not fall within this range. To be paid for a course. Contractor must submit an email or written request to initiate payment to the City for all courses/camps. The request to initiate payment must be submitted after the end of the course. The request to initiate payment must be accompanied by the course/camp activity numbers. Contractor must submit written or e-mail approval for total final amount owed on Instructor Payment Due Report. Failure to list the acfivity numbers or approve final amount owed may result in a denial or delay in payment. In most cases, the City will pay the invoice or request for payment within ten to fifteen business days after its receipt and verification. Contractor understands that filing a false claim for payment may subject Contractor to civil penalfies under California Government Code secfions 12650, et seq., and Carisbad Municipal Code secfion 3.32.025. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services underthis Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensafion insurance or unemployment contribufions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's elecfion. City may deduct the indemnificafion amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relafionship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version 6/23/15 8. Instructor and Assistant(s) Contractor shall designate the Instructor in Exhibit "A" attached hereto. Contractor may utilize, at Contractor's own expense, the assistant(s) listed in Exhibit "A" to help perform the services required by this Agreement. Contractor may not ufilize anyone who is not listed in Exhibit "A" without obtaining the prior approval of the Parks and Recreation Director, Recreation Area Manager or designee and, if applicable, providing the City's Parks & Recreafion Department with the criminal history background check with Live Scan fingerprint and TB test information discussed in paragraph 11 and the certificafions discussed in paragraph 12 below. Assistants must be at least 16 years of age and have a valid work permit. Assistant may not teach in place of the Contractor without prior approval of the Recreation Supervisor or Area Manager. Assistants teaching in place ofthe Contractor must be at least 18 years of age. Contractor is solely responsible for supervising the work of the assistant(s) to ensure compliance with this Agreement. 9. Ratio. Instructor is responsible for maintaining the following adult to child ratios: 9.1 Classes 9.1.1. 1 Instructor for 20 students (Ages S and up) at most 9.1.2. 1 Instructor for 8 students (Ages 4 and below) at most 9.2 Camps 9.2.1. 1 Instructor for 15 students (Ages 5 and up) at most 9.2.2. 1 Instructor for 6 students (Ages 4 and below) at most 10. Rules and Safety. Contractor will be required to comply with the Carisbad Parks & Recreation Department's Safety Rules and participate in a Contractor Instructional Services Agreement renewal meeting each year. (See 2015 Instructor Information Booklet) Contractor is also required to have all participants in classes or camps sign in and out by an authorized adult ifthe participant is a minor. 11. TB Test and Background Check. Prior to performing any work under this Agreement, Contractor and Contractor's assistant(s) must provide proof of a negafive TB test taken within the last four years. If a course is open to minors, Contractor and Contractor's assistant(s) must complete a criminal history background check. The criminal history background check requires Contractor and Contractor's Assistant(s) to have Live Scan fingerprints processed by the City. Should Contractor or Contractor assistant(s) criminal history background check reveal the existence of prior convicfions, the City may immediately terminate this Agreement and/or disqualify Contractor or Contractor's assistant(s) from performing future instructional services for the City. 12. Certifications. If applicable, Contractor and Contractor's Assistant(s) must provide the City with the following certificafions, which must remain valid throughout the duration of this contract: [INSERT LIST OF CERTIFICATIONS]. If any certification(s) will expire during the term of this Agreement, Contractor and Contractor's Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date. 13. Mandated Reporter(s). If a course is open to minors, making Contractor and Contractor's assistant(s) "mandated reporters" within the meaning of California Penal Code section 1116S.7(a), Contractor and City Attorney Approved Version 6/23/15 Contractor's assistant(s) will comply with the mandatory reporting requirements contained in California Penal Code section 11166, which is attached as Exhibit "D" to this Agreement. 14. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 15. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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' compensafion is included as a loss, expense or cost for the purposes of this secfion, and that this section will survive the expiration or eariy termination of this Agreement. 16. INSURANCE Contractor will obtain and maintain for the durafion of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vir'; 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 Nafional Associafion of Insurance Commissioners (NAIC) latest quarterly lisfings report. 16.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount These minimum amounts of coverage will not constitute any limitafions or cap on Contractor's indemnificafion obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such addifional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an addifional insured. 16.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. Ifthe submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 16.1.2 Athlefic Participant/Participant Legal Liabilitv and Sexual Abuse and Molestafion coverage (if there are athlefic participants). $1,000,000 combined single-limit per accident for bodily injury and property damage. 16.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensafion limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version 6/23/15 16.2 Addifional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 16.2.1 The City, its officials, employees and volunteers will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 16.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 16.2.3 This insurance will be in force during the life ofthe Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 16.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 16.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the opfion to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on exisfing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 16.5 Submission of Insurance Policies. City reserves the right to require, at any fime, complete and certified copies of any or all required insurance policies and endorsements. 17. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 18. Copyrights Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 19. NOTICES Notices between the Contractor and the City may be made by either personal delivery, email or by first-class mail. Mailed notices must be sent to the addresses listed in the introductory paragraph, unless changed in wrifing in accordance with this paragraph. Personally delivered notices will be considered communicated on the day they are actually received. Emailed or mailed notices will be considered communicated on the day they are actually received or five days after their mailing, whichever occurs first. City Attorney Approved Version 6/23/15 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 Citv For Contractor Name Brandon Hills Name Kristin Nugent Title Recreation Specialist Tifie Owner Department Parks and Recreation Address 670 Georgine Road City of Carisbad Fallbrook, CA 92028 Address 2997 Glasgow Drive Phone No. 760-731-OSSS Carisbad, CA. 92010 Email Kristin@artventurellc.com Phone No. 760-434-2971 Each party will nofify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 20. Course Roster Prior to the first class date. Contractor will pull rosters from the City's AcfiveNet registration software, at https://apm.activecommunities.com/citvofcarisbad. Contractor will verify the information contained on the roster against actual attendance on the first class date and report any discrepancies to the City by the end of the next business day. Contractor will not allow a person to participate in a course unless the person appears on the course roster and has signed an electronic annual liability waiver form. 21. Course Advertisement The City will advertise the Contractor's course(s) in the upcoming Community Services Guide(s) and in any other manner the City determines is appropriate. Contractor may also advertise Contractor's course(s) in any manner Contractor determines is appropriate, subject to the prior approval of the City. Marketing materials must be submitted to the City for approval at least 14 days prior to distribufion. (See - 2015 Contract Instructor Information Booklet). Contractor must obtain photo releases from any enrollee prior to any marketing or promotion with use of photos of enrollees. 22. Attendance Prior to the first class date of each course, the Contractor will go online to the registration website and print a class attendance sheet. Contractor will mark each day's attendance on the class attendance sheet and submit the completed attendance sheet to the City at the end of the course. Contractors are responsible for contacting participants who have not attended the first class and notify the Instructional Class Division. Sheets may be dropped in the facility mailbox prior to leaving for the evening on the last class of the course. 23. Use of City Facilities The City will allow Contractor to use the City facility(ies) identified in the Carisbad Community Services Guide on the day(s) and at the fime(s) indicated. The rules for use of the facility(ies) are contained in Exhibit "B." Contractor is responsible for ensuring the Instructor, Instructor's assistant(s), and the participants in Instructor's course(s) are informed of and comply with these rules. Contractor must abide by the start and end times of each class/camp stated in Exhibit A. Failure to abide by the start and end fime listed in Exhibit A for any class/camp may result in termination of contract. City Attorney Approved Version 6/23/15 If any injury, lost child, or property damage occurs during a class or camp. Contractor must promptly report the injury, lost child, or property damage to the facility attendant on duty (after any necessary first aid or emergency services are rendered). The 2015 Instructor Information Booklet provide specific instructions on how to handle emergencies. The Contractor will also report as a witness on the injury/incident report. If there is no facility attendant on duty. Contractor must report the injury, lost child, incident, or property damage to the Parks & Recreation Director, a Recreation Area Manager or designee immediately. 24. Canceling Course(s) The City, after first notifying Contractor, may cancel a course if the City does not receive registrafion forms and fees from the minimum number of at least 5 participants or the minimum specified in Exhibit "A" at least two days prior to the first class date for a course. Contractor will not be compensated for any course canceled due to low enrollment. 25. Canceling or Rescheduling Class Date(s) Contractor may not cancel or reschedule a class date without the prior written approval of the City's Parks & Recreation Director, Recreafion Area Manager or designee. Contractors are solely responsible for informing enrollees of any cancelafions or rescheduling of classes. 26. CONFUCT OF INTEREST If requested. Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 27. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulafions which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulafions. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 28. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulafions prohibiting discrimination and harassment. 29. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representafives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolufion within ten (10) business days. Ifthe resolufion thus obtained is unsafisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solufion to the problem. In such cases, the acfion of the City Manager will be binding City Attorney Approved Version 6/23/15 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 30. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the terminafion. If City decides to abandon or indefinitely postpone the services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of terminafion. City will make a determination of fact based upon the service delivered and of the percentage of service that Contractor has performed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable underthis Agreement. City will make the final determination as to the portions of tasks completed and the compensafion to be made. 31. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift or contingent fee. 32. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code secfions 12650 ef seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (S) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 33. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 6/23/15 34. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 35. 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 wrifing signed by both parties. // // // // // // // // // // // // // // // // // // City Attorney Approved Version 6/23/15 36. 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 condifions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Chris Hazelfii; Parks & Recreation Director (print name/tifie) ^^t. oJX^oi-i^ /^(yk^oo> U<j^i»i.^^ ATTEST: (sign here) BARBARA ENPLlESON City Clerk (print name/tifie) 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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 corporafion. APPROVED AS TO FORM: CELIA A. BREWE^iS^iWtorney BY: ^. Assistant City Attorney City Attomey Approved Version 6/23/15 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. } A notary public or other officer completing this certificate verifies onty the identity of the individual who signed the document, to wrtiich this certificate is attached, and not the truthfulness, accuracy, or validity of that document On «-tfi x-^'f'// idols' before me. AJCLOII'CK. Aj OLtK.'f'& t^lc A}r>j~6^^i/- fuld'c ^\ Date ' Here Insert Name and Title of the Officer / personally appeared ^^ i S I i\ Name{s) of Signer(s) NADIA MAATOUK t Commission # 1952511 t Notary Public - California 1 }- \;^gmmry San Dlego County g ^SsS^ My Comm. Expires Oct 14,20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person('pi| whose name^is/«i<e subscribed to the within instrument and acknowledged to me that ft^she/the^t executed the same in fcK&/her/trf6ir authorized capacity(i^, and that by h*SSOier/t>tcir signature(«^ on the instrument the person(«^ or the enfity upon behalf of which the person(i<! acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /A-^j^^K^ OPTIONAL SiMrature of Notary PuDlic Though the information beiow is not required by iaw, it may prove valuable to persons/relying on the document and couid prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: A^R^evM^ttA (AC\A^L/tvlceS ftfi/g A/<? PJ Document Date: Number of Pages:. Signer(s) Other Than Named Above: Ckiit'c, A/aize/'f/M ^a/tl)ft/^^ ^^^te:$oi^ ^Ce^liW A.B/^etueA. Capacity(ies) Claimed by Signer(s) Signer's Name: _ (individual ^ • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — Tltle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402 .Chatsworth, CA 91313-2402. ww^.N^lonVNota^org ltem"'#5907 Reord^r^miTS^^^^^^ EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. Name Kristin Nugent Title Owner Address 670 Georgine Road Fallbrook, CA 92028 Phone No. 760-731-0555 Email Kristin@artventurellc.com Camp Title: Mermaid Wishes and Fish Kisses Class Description: Visit a magical worid under the sea, where mermaids and their sea friends play all day long! We'll paint, print, watercolor, collage, and design a dreamy underwater world in this art camp devoted to the beautiful sea! Along the way, we'll play games, sing songs, and read tales of mermaid adventures! Join us for an ocean fantasy art adventure! All materials and camp tee-shirt included. Please bring a snack each day. Class Minimum: 10 Class Maximum: 18 Ages: 3-6 Fees; $169.00 Camp Title; Pirate Adventure Class Description: Ahoy Mateys! Come aboard as we travel to Pirate Island, where we'll find treasure chests, sandy beaches, colorful parrots and lots of fun and adventure! We create treasure maps, golden doubloons, sea monsters, ships and more! Along the way, we'll playgames, sing songs, read pirate stories, and hunt for treasure! Arrrgh! All materials and camp tee-shirt included. Please bring a snack each day. Class Minimum: 10 Class Maximum: 18 Ages: 3-5 Fees: $145.00 Camp Title; The "Original" Dreams and Fairytales Class Description; City Attorney Approved Version 6/23/15 11 We'll celebrate all things colorful as we decorate, decoupage, design and delight! In this camp we'll make jewelry boxes with jewels to go in them, create fairytale sculptures, paint crowns and wands, collage castles, and design sparkly, shiny, artsy creations! We'll learn about fairytale princesses and create artwork based on their stories. Join us for a fantasy art adventure! All materials and camp tee-shirt included. Please bring a snack each day. Class Minimum: 10 Class Maximum: 18 Ages: 3-6 Fees; $169.00 Camp Title: Sparkle, Glitter, and Glam Class Description; Celebrate all things glitzy, glamorous and fancy! We will make colorful and shiny art creations using paint, collage sculpture and more, all inspired by the "Fancy Nancy" books. Come join us for a week of sparkling adventures. Class Minimum: 10 Class Maximum: 18 Ages: 4-7 Fees; $169.00 Camp Title: Monster Mash Up Class Description; Calling all friendly monsters! Travel to the depths ofthe ocean and the outer limits of space to meet enormous sea monsters, massive land creatures, and silly alien friends! Paint, sculpt, print, and draw "monsterously" good artistic creations, and read monster books like "Where the Wild Things Are"! Along the way we'll sing monster songs, and do monster dances, and have a marvelous, monsterous adventure! All materials and camp tee-shirt included. Please bring a snack each day. Class Minimum: 10 Class Maximum: 18 Ages: 3-6 Fees: $145.00 Camp Title: Super Silly Art Camp Class Description: Zany, messy, gooey, squishy, arty fun! Explore textures and mixtures, stamping and squeezing, printing, painting, and so much more! Get cubed with Picasso and surreal with Dali! Come on over to the loony side for a week of crazy creativity! Please send a snack and drink each day with your child. Camp T-shirt included. Class Minimum: 10 Class Maximum: 18 Ages: 3-6 Fees: $169.00 City Attomey Approved Version 6/23/15 12 Kathy Hamilton From: Sent: To: Cc: Subject: Dear Consultant: Kathy Hamilton Wednesday, September 30, 2015 10:13 AM 'Kristin@artventurellc.com' Brandon Hills; Shelley Collins; Donna Heraty Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Regarding your agreement with the City of Carlsbad for art classes- If your agreement states: 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 interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2917 I Shelley.Collins@carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 10