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HomeMy WebLinkAboutTanya Bredehoft dba Artefact Design; 2020-03-18;AGREEMENT FOR INTERPRETIVE PLANNING SERVICES TANYA BREDEHOFT, D.B.A. ARTEFACT DESIGN THI~ AGREEMENT is made and entered into as of the \ ~~ day of ?v\_Afd/--.. , 20_2.o_, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Tanya Bredehoft, D.B.A. Artefact Design, a sole proprietorship, ("Contractor"). RECITALS City requires the professional services of an interpretive planner that is experienced in facilitating, researching and preparing a technology evaluation and recommendation for future interpretive mediums at Leo Carrillo Ranch Historic Park. 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 one year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be two thousand five hundred dollars ($2,500.00). 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 or 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 Design Address PO 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. Yesr8J 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. 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 (sign here) 1'~ lWW~rtm?L . OV"W?-(print name/title) 1 By: (sign here) (print name/title) 3 CITY OF CARLSBAD, a municipal corporation of the State of California By: "'"'"""._,,_,rations Officer, Deputy City Man , or Department Director as authorizedby the City Manager BARBARA ENGLESON City Clerk City Attorney Approved Version 6/12/18 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: ~ /(. ~ Assistant City Attorney City Attorney Approved Version 6/12/18 4 ,,,;;,/!x.l✓✓:' D.· T· .. ·E··1:.: ·;~·'r"\'· ,FACT -- ARTEFACT DESIGN PO Box 102 Cardiff. ct,. 92007 T: 7o0 941-3502 ARHFACTID COM EXHIBIT "A" SCOPE OF SERVICES Date 03 December 2019 Client Leo Carrillo Ranch Historic Park, City of Carlsbad Parks and Recreation Department Pro,iect Leo Carrillo Ranch Historic Park (LCR) Interpretive Program Reference Phase 3 Technology Evaluation Proposal Scope of This proposal, from T.1nyc1 Drtc'.dt:'hotl of A rte fact Dt-':Sitn (dt'sign tr-am) to ]\,lick c::.1larcn nf \,\lork City of Carlsbad, Parks anJ Recreation Deparlmenl (clknt), outlines the pnJce~s for the evaluation ofth~ Phase J portion of the interpretive program for LCR basPd on the 2016 Outdoor Interpretive Pbn update document N1:>arly four years have pas~ed sine,_• Lh1: original upJate was s11llJ11ill1•d. 1111: park has experienced growth and changes and tf:chnologies have evolv~d. This is an opportunity to rcvkv,,· the hkst st1ff1v1,Js, ;iss,.:ss Lht~ ~•rt:'.\"ic,us kch solutions, i•v;duate th,: \...'err,:nt tr€nds, and s;;~lt>ct tnt> appH,rriate intr:-rptt:"tive mdh.ods to lllLH"t' irito t!-1.:, fult1rt:'. Goals Impnwe the LCR visitor experience by: • Revkw ~m<l t:'Valuation L•fthe tt-...:hnulnt~Y s1wdfi('J in th,· 2016 Jo1,_Ulllt'lll. • Prioritizing Ph.1st'. J devdnpmi>:nt by th<' most imp.Kt to the visitor ,'\p,·rkn.:-,,. , Updating the appropriate interpretive technology methods for the LCR experience. Deliverable Phase 3 Interpretive Technology Update Report , Review, evaluation and determination of Interpretive locations within the park , Review, evaluation and recommendations for best Interpretive technologies at selected sites • Budget for implementation of selected technologies. Work Plan Review and Evaluation 6-8 weeks , Client communications I site visits , Review of all project materials , Technology research and budget development Deliverable: n/a Plan Development • Client communications I site visits , Define all locations and communication needs, methods , Refine interpretive technology selections , Develop costs and budget for all elements Deliverable: 60% progress document (text and drawings) Final Plan • Client communications I site visits , Incorporate all final edits (based on collated comments) , Finalize interpretive technology elements, locations and communication methods • Prepare final costs for Implementation Deliverable: 100% final document Grand Total $2,500.00 ARTUACT DESIGN •Pagel Upon the special projects manager's review and approval of work completed per scope of services groupings defined above, Artefact Design will bill the City monthly on the first of each month. Agreement amount not to exceed $2,500.00. City Attorney Approved Version 6/12/18 5 ~ DATE (MM/DDIYYYY) AL.C:::<:!.Rll° CERTIFICATE OF LIABILITY INSURANCE 06/10/2019 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 ,_,4M"· 83551718 PHONE (866) 467-8730 r AX (888) 443-6112 (A/C, No, Ext): (A/C, No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78265 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A : Sentinel Insurance Company Lid. 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 I •N'"' lu••n /MU/00/YYYYl IMM/"",v YYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 -==i CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED I ooc ,.,c,cc, ,.,o $1,000,000 -X General Liability MED EXP (Any one person) $10,000 A X 83 SBA JZ3874 05/12/2019 05/12/2020 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ POLICY □ PRO-0LOC PRODUCTS· COMP/OP AGG $2,000,000 JECT OTHER: ✓ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 -~----j-'--H -ANY AUTO BODILY INJURY (Per person) -ALL OWNED -SCHEDULED A AUTOS AUTOS 83 SBA JZ387 4 05/12/2019 05/12/2020 BODILY INJURY (Per accident) -HIRED -NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) -- UMBRELLA LIAB 7 OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-AGGREGATE MADE ,: DE9 I RETENTION $ WORKERS COMPENSATION IPER l l~:H· AND EMPLOYERS' LIABILITY "TAT••TE ANY Y/N E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE [ N/A OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE (Mandatory In NH) If yes, describe under E.L. DISEASE· POLICY LIMIT D""rRIPTll"lN l"lF l"lPERATl"N" below DATA BREACH · RESPONSE $10,000 A 83 SBA JZ3874 05/12/2019 05/12/2020 EXPENSE COVG I DESCRIPTION DF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remari<s 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. CERTIFICATE HOLDER CANCELLATION The City of Carlsbad, its officers, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED employees, volunteers and agents BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 799 PINE AVE STE 200 IN ACCORDANCE WITH THE POLICY PROVISIONS. CARLSBAD CA 92008-2428 AUTHORIZED REPRESENTATIVE a~£ Ct«:t~ © 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 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: 02/22/19 Expiration Date: 05/12/20 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. · ___, --~e.nt=-~·-· Tanya Bredehoft Owner, Artefact Design