HomeMy WebLinkAboutRonald Juncal dba Studio 2; 2019-03-15;AGREEMENT FOR CUSTOM ARTWORK FOR OVERSIZED BEACH CHAIR
RONALD JUNCAL dba STUDIO 2
THIS AGREEMENT is made and entered into as of the 151½ day of
Al\lAC~ , 2019, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"}, and Ronald Juncal dba Studio 2, artist, ("Contractor").
RECITALS
City requires the professional services of an artist to create a work of art ("Artwork") on an
oversized beach chair. Contractor has the necessary artwork experience and qualifications in
providing these professional services, has submitted a proposal to City and has affirmed his/her
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", 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 year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be not to exceed three thousand dollars
($3,000). 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."
Incremental payments, if applicable, should be made as outlined in attached 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
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 attorneys
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'
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.
6. INSURANCE
City Attorney Approved Version 9/27/17
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.
7. 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 in all categories.
Yes D No C{I
8. 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.
9. 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.
10. 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.
11. JURISDICTIONS AND VENUE
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.
12. 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.
13. AMENDMENTS
City Attorney Approved Version 9/27/17
2
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.
14. 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
By:
{print name/title)
By:
(sign here)
(print name/title)
DW'n.l(L
Stvo,o 2-...
CITY OF CARLSBAD, a municipal
corporation of the State of California
Library & Cultural Arts Director
ATTEST f;~
!J!kJ,v ~
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
\/ice-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:
::LIA A/[l[Y Attorney
Assistant City Attorney
City Attorney Approved Version 9/27/17
3
EXHIBIT "A"
SCOPE OF SERVICES
The City is requesting Contractor to provide custom artwork on the surface of a 4'd x 4'w x 6'h
oversized beach chair. The Contractor/Artist shall determine the artistic expression, and design
of the Artwork, subject to review and acceptance by the City's Cultural Arts Manager or his
designee. The chair's material consists of water-jet-cut plywood, which will be sanded and
primed. Contractor shall perform all services and furnish all supplies necessary for any
additional surface preparation, if any, painting and sealing of the chair.
The City will provide the oversized beach chair to the artist for preparing, painting and sealing.
City will deliver and transport the beach chair directly to and from the Contractor's studio.
Delivery date to be determined and negotiated with the City's Cultural Arts Manager or his
designee. •
Task -Design: Not-to-Exceed $3,000
1 . Prepare chair surface in anticipation of Artwork.
2. Design and paint the surface of an oversized beach chair that is to become temporary
public art.
3. After chair is painted, chair is to be sealed with a clear coat sealant to protect product
from outside conditions. *
Payment Schedule
1. An amount of $1,500 will be paid upon execution of the Agreement.
2. An amount of $1,500 will be paid upon completion of work in a manner acceptable to the
City's Cultural Arts Manager or his designee.
All fees will be paid as specified above. Contractor's invoice will be submitted at the completion
of each task. Invoices shall be sufficiently detailed to include related activities for approval by
the City.
* The sealant will be chosen by the artist and will be appropriate for the intended use.
City Attorney Approved Version 9/27/17
4
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23 This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any
3 7 other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock
VA insurance company of The Hartford Insurance Group shown below.
SBA
INSURER: SENTINEL INSURANCE COMPANY, LIMITED
ONE HARTFORD PLAZA, HARTFORD, CT 06155
COMPANY CODE: A
Policy Number: 57 SBA VA3723 DX
SPECTRUM POLICY DECLARATIONS ORIGINAL
Named Insured and Mailing Address:
(No., Street, Town, State, Zip Code)
STUDIO 2
3745 HIGHLAND DRIVE
CARLSBAD CA 92008
Policy Period: From 09/15/18 To 09/15/19 1 YEAR
12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire.
Name of Agent/Broker: GIDDINGS CORBY HYNES INC /PHS
Code: 128316
Previous Policy Number: 57 SBA VA3723
Named Insured is: INDIVIDUAL
Audit Period: NON-AUDITABLE
Type of Property Coverage: SPECIAL
Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we
agree with you to provide insurance as stated in this policy.
TOTAL ANNUAL PREMIUM IS:
Countersigned by
Form SS 00 0212 06
Process Date: 07 /04/18
$1,144
Authorized Representative
07/04/18
Date
Page 001 (CONTINUED ON NEXT PAGE)
Policy Expiration Date: 09/15/19
INSURED COPY
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SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA VA3723
BUSINESS LIABILITY
LIABILITY AND MEDICAL EXPENSES
MEDICAL EXPENSES -ANY ONE PERSON
PERSONAL AND ADVERTISING INJURY
DAMAGES TO PREMISES RENTED TO YOU
ANY ONE PREMISES
AGGREGATE LIMITS
PRODUCTS-COMPLETED OPERATIONS
GENERAL AGGREGATE
BUSDmSS L:I.ABJ:LI'l"!' OPTIO&L
COVBRAGBS
BIRBD/HOH-OwmD Atrl'O L:I.ABJ:LI'l"!'
lJIIIIUDmD AIRCRAF'l' L:I.ABILI'l"!'
FORM: SS ,2 06
Form SS 00 0212 06
Process Date: 07 /04/18
LIMITS OF INSURANCE
$2,000,000
$ 10,000
$2,000,000
$1,000,000
$4,000,000
$4,000,000
$2,000,000
Page005 (CONTINUED ON NEXT PAGE}
Policy Expiration Date: 09 /15/19