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HomeMy WebLinkAboutTanya Bredehoft dba Artefact Design; 2019-01-07;AGREEMENT FOR GRAPHIC STABLE PHOTO POSTER DESIGN SERVICES TANYA BREDEHOFT, D.B.A., ARTEFACT DESIGN THIS AGREEMENT is made and entered into as of the 'l th day of ~I J Grat , 20J3_, by and between the CITY OF CARLSBAD, a municipal corporation, ~~). and Tanya Bredehoft, d.b.a., Artefact Designj, a sole proprietorship, ("Contractor"). @ RECITALS City requires the professional services of a graphic designer that is experienced in designing and captioning photo poster boards and provide production-ready files. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", 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 three months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be thirty-five hundred dollars ($3,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the resuits 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. City Attorney Approved Version 6/12/18 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. 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 Name Mick Calarco Title Special Projects Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Ave, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2859 For Contractor Name Tanya Bredehoft Title Owner, Artefact Designs Address P.O. Box 102 Cardiff, CA 92007 Phone No. 760-944-3502 Email tanya@artefactid.com 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. 8. 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 ltJ No D 9. 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. City Attorney Approved Version 6/12/18 2 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. City Attorney Approved Version 6/12/18 3 15. 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: CITY OF CARLSBAD, a municipal corporation of the State of California By: Pa~n Director PfJ'(h-:t?~~~ (print name/title) I By: (sign here) (print name/title) ATTEST: \b~Rrrtl!L.¥) i2ARBARA ENGLESON v-c-ity 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: CELIA A. BREWER, City Attorney By: ____ C...,._==---~-=---~___...,....,./ ____ _ Assistant cityAJforn~ City Attorney Approved Version 6/12/18 4 ARTE ,FACT-.,' \ ARTEFACT DESIGN P O B J x I) ! Cardiff. CA 92007 T: 760 944 3502 ARTEF~CTID COM EXHIBIT "A" SCOPE OF SERVICES Date 08 November 2018 Client City of Carlsbad Parks allll Recreation Department Project Leo Carrillo Ranch Historic Park -Stable Photo Graphics Reference Proposal Scope of Work This proposal, from Tanya Bredehoft of Artefact Design (design team) to Mick Calarco of City of Carlsbad. Parks and Recreation Department (client). outlines the design of up 2-3 weeks to ten (10) 48"x 36"photo-driven graphic panels with captions to be displayed on easels in the refurbished structure. Client to provide images. Print production by others. Design $3,500.00 • Cli2nt cornmunicatii•,ns , Review and evaluation of project materials, photo selection • Scan and adjust image(s) , Write captions (up to 2 reviews) • Graphic design. layout (up to 2 reviews) • Prepare tiles for print production , Coordination of production specifications with printer 1-3 days Deliverable: (IO) production-ready digital tiles Design Service Total $3,500.00 Production and installation: By others (estimate from Del Mar Blue) 48"'x36" color print mounted to Coroplast -$60 ea/ $600.00 Design Note: We recommend scanning any new images as 16 bit RGB tijs. Service, Client Artefact will provide design services for the client as outlined In this proposal. Further Tasks services are to be determined and would be under separate contract 1he client will identify a key contact person who will share sources photos and infonnalion for the development of the panels. The client will provide requested materials, answers lo Compensation questions, review dornmenlation produced by the designer, and offer timely suggestions for revisions or clarification within a reasonable (3 to 5 working days) period of time. Changes & The service fee is a not-to-exceed cost based on the scope of work outlined. This quote is Addition• guaranteed for 60 days from the date this proposal is submitted. Typically costs are hased on the services outlined In an agreement. Designer will bill for additional services at the rate of$95.00 per hour. If the client requires completed work before agreed-upon deadlines or additional work on an agreed-upon deadline, designer Payment of may charge a25% rush service fee. Designer will infonn the client of such a charge Professional before it is incurred. i'ee Artefact Design requires a signed contract letter of agreement, or PO# to begin work. Receipt of a signed darn ment indicates the client's agreement to the services and compensation as outlined in this agreement Designer will bill monthly on the first of each month. Final billing will be upon satisfactory completion of designer's work on the project. Invoices are due upon receipt Delay in payment of invoices may delay delivery of products as described in this agreement Proposal submitted on 08 November 2018 by e-mail to Mick Calarco. City of Carlsbad. Sincerely. Tanya Symons Bredehoft ARTEFACT DESIGN.Pagel City Attorney Approved Version 6/12/18 5 ---;:;. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ---tC~R 11/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGEiMFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 INSURANCE NOODLE LLC/PHS NAME: 83551718 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD PHONE FAX SAN ANTONIO, TX 78265 (AIC, No, E1<t): (866) 467-8730 (A/C,No): (888) 443-6112 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: The Sentinel Insurance Company 11000 ARTEFACT DESIGN INSURER B: PO BOX 102 INSURERC: CARDIFF BY THE SEA CA 92007-0102 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. INS~ TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR , .. c:., IMln IMMIDD/YYYYI /MM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1 000,000 -□CLAIMS-MADE 0occuR DAMAGE TO RENTED PREMISES !Ea occurrence\ $1,000,00( -General Liability / X $10,00( _x MED EXP (Any one person) A ./ 83 SBA JZ387 4 05/12/2018 05/12/2019 PERSONAL & ADV INJURY $1 000.00C - j GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,00C POLICY □PR0-0 _/ ./ $2,000,00C JECT X LOG PRODUCTS -COMP/OP AGG -OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,00C (Ea accident) -./ ANY AUTO BODILY INJURY (Per person) --ALL O\/\,TIIED SCHEDULED A AUTOS AUTOS 83 SBA JZ3874 05/12/2018 05/12/2019 BODILY INJURY (Per accident) --NON-O\/\,TIIED PROPERTY DAMAGE X HIRED AUTOS X AUTOS /Per accident\ -- UMBRELLA LIAB H OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION $ WORKERS COMPENSATION 'PER I IOTH- AND EMPLOYERS' LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? C N/A ~ (Mandatory In NH) EL DISEASE -EA EMPLOYEE If yes, describe under ----DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT DATA BREACH -RESPONSE 83 SBA JZ3874 A EXPENSE COVG 05/12/2018 05/12/2019 Limit $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the lnsured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy.v' CERTIFICATE HOLDER CA NC ELLA TION THE CITY OF CARLSBAD, ITS OFFICERS, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EMPLOYEES, VOLUNTEERS AND AGENTS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 799 PINE AVE STE 200 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CARLSBAD CA 92008 j a~£Caa~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 83 SBA JZ3874 / THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PERSON-ORGANIZATION CITY OF CARLSBAD 799 PINE AVE CARLSBAD, CA 92008 LOC 002 BLDG 001 THE CITY OF CARLSBAD / 799 PINE AVENUE SUITE #200 CARLSBAD, CA 92009 HELIX ENVIRONMENTAL PLANNING, INC. 7578 EL CAJON BOULEVARD LA MESA, CA 91942 LOC 002 BLDG 001 THE CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS 799 PINE AVE, STE. 200 CARLSBAD, CA 92009 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 02/28/18 Expiration Date: 05/12/19 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, Tanya Bredehoft, am the owner of Artefact Design. I hereby certify that Artefact Design has no employees and is not required by law to maintain workers' compensation or employers' / liability insurance. Should Artefact Design employ any person during the term of the Agreement with the City of Carlsbad for interpretive exhibit planning, development, and production services, then workers' compensation and employers' liability insurance will be obtained. Tanya Bredehoft Owner, Artefact Design