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HomeMy WebLinkAboutTanya Bredehoft dba Artefact Design; 2019-01-23;AGREEMENT FOR EXHIBIT INTERPRETIVE PLAN SERVICES TANYA BREDEHOFT, D.B.A., ARTEFACT DESIGN THIS AGREEMENT is made and entered into as of the 21c~ day of ~~ , 20.ft_, by and between the CITY OF CARLSBAD, a municipal corpo~ity"), and Tanya Bredehoft, D.B.A., Artefact Design, a sole proprietorship, ("Contractor"). RECITALS City requires the professional services of an exhibit interpretive planner that is experienced in planning interpretive exhibits in a historic park setting. 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 six months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed four thousand dollars ($4,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION 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, Ste. 200 Carlsbad, CA 92008 Phone No. 760-434-2859 For Contractor Name Tanya Bredehoft Title Owner, Artefact Design 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[8] 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. II II II II II II II II II II II II II II II II II II II II II II II II II 3 City Attorney Approved Version 6/12/18 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:~ (sign here) f~<(k 0:t(W,®t7~ OwtJW- (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: P~on Director ATTEST: 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: CELIA A. BREWER, City Attorney By u~~ Assistant Cit~ney ~~ City Attorney Approved Version 6/12/18 4 ARTEFACT DESIGN POBox102 Cardiff, CA 92007 T 7130 9H-3502 ARTEFACTID COM EXHIBIT "A" SCOPE OF SERVICES Date 23 November 2018 Client City of Carlsbad Parks and Recreation Department Project Leo Carril lo Ranch Historic Park -Bunk Room Exhibit Interpretive Plan Reference Proposal Scope of This proposal, from Tanya Bredehotl of Artefact Design (design team) to Mick Calarco Work of City of Carlsbad, Parks and Recreation Department (client). outlines the process for creating an interpretive plan for the ~375 sq. ft. Bunk Room Exhibit in the newly restored Stable. Theplan will include both the interior exhibit area and any outdoor site opportunities. The purpose of the plan is to darify site opportunities, determine story line and main messages, establish guidelines for enacting the visitor needs. educational goals, and community outreach desires, and provide a budget and schedule for the exhibit design and installation rrocess. This plan may also serve the client as a funding t,,ol to be useJ with grant and dono; opportunities. Goals Refine the interpretive vision for the exhibit visitor experience • Determine the main messages the client seeks to communicate to the public. • Develop a phased interpretation plan given the main messages. the content to be interpreted, and the visitor opportunities. • Provide an engaging. informative e,qierience. • Create a location plan siting interpretive opportunities and visitor flow. • Develop design and fabrication costs for completing the project. Deliverable Exhibit Interpretive Han PDF file The document will be primarily text defining the interpretive plan with a few concept sketches to support ideas. Theplan will be organized in a phased approach. Interpretive areas. needs, and themes will be identified and prioritized. Suggested construction materials, methods and finishes will be included. as well as grant and funding ideas. Programming $2,140.00 • Client communications / meeting(s) / site visits Phase I • Stakeholder meeting or workshop 3-4 weeks • Review of all project materials. interpretive research and development • Identification of exhibit locations, elements and artifacts • Content development Deliverable: Draft interpretive program and location plan Development • Client commmications / site visits • Refine interpretive program (based on comments) Phase II • Define all locations and elements .t-3 weeks • Develop costs and budget for elements • Content. refinemet1t • Concept drawings Deliverable: Progress draft and exhibit concept sketches Phase III Final Exhibit Interpretive Han 1-2 weeks • Final drawings. comments, edits incolllorated • Final prep ofintelllretive plan Deliverable: Final document Planning Service Total $1,000.00 $860.00 $4,000.00 A RT f ~ A ( 1 n E 5 I\, N • P,2ge J City Attorney Approved Version 6/12/18 5 .. 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 ACDRH CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) L --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 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 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, Ext): (866) 467-8730 (AIC, 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS ITI> ,,.,.,., lw"n COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,00( -~CLAIMS-MADE 0occuR DAMAGE TO RENTED $1,000,00C -PREMI"'"' /Ea occurrence\ ~ General Liability X MED EXP (Any one person) $10,00C A 83 SBA JZ3874 05/12/2018 05/12/2019 PERSONAL & ADV INJURY $1 nnn nnr -GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,00( -□PR0-0 POLICY JECT X LOC PRODUCTS -COMP/OP AGG $2,000,00C - ✓ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,00C (Ea accident) -ANY AUTO BODILY INJURY (Per person) -ALL OWNED -SCHEDULED A AUTOS AUTOS 83 SBA JZ387 4 05/12/2018 05/12/2019 BODILY INJURY (Per accident) -,--NON-OWNED 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 IPER 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) E.L. DISEASE -EA EMPLOYEE If yes, describe under - DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DATA BREACH -RESPONSE A 83 SBA JZ387 4 05/12/2018 05/12/2019 Limit $10,00( EXPENSE COVG / DESCRIPTION DF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addition al 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 SSOOOB attached to this policy. CERTIFICATE HOLDER CANCELLATION 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. CARLSBAD CA 92008 AUTHORIZED REPRESENTATIVE a~£ c,174~ © 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