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HomeMy WebLinkAboutTanya Bredehoft dba Artefact Design; 2020-07-21; (3)AGREEMENT FOR INTERPRETIVE PLANNING SERVICES TANYA BREDEHOFT, D.B.A. ARTEFACT DESIGN THIS AGREEMENT is made and entered into as of the ______ day of ________ , 20_, 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 a graphic designer that is experienced in specialty sign design for outdoor use 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 WORKCity 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 seven thousand, eight hundredseventy-five dollars ($7,875.00). 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 Servicesspecified in Exhibit "A." 4.STATUS OF CONTRACTORContractor 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 attorneysfees 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 21stJuly20 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 For Contractor Name Mick Calarco Name Tanya Bredehoft Title Special projects manager Title Owner, Artefact Design Department Parks & Recreation Address PO Box 102 City of Carlsbad Address 799 Pine Ave, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2859 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 E7_1 No El 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 Assi nt City Attorney 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: Tfttrfr Q 15C7-W2WPr OW (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: it City Manager, Deputy City Man 41' r, or Department Director as authorized by the City Manager 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. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 City Attorney Approved Version 6/12/18 4 ••311r:•• EXHIBIT "A" SCOPE OF SERVICES Date 08 April 2020 Client Leo Carrillo Ranch Historic Park (LCR), City of Carlsbad Parks and Recreation Department Project Old Entrance Welcome Sign Reference Design & Fabrication Proposal Scope of This proposal, from Tanya Bredehoft of Artefact Design (design team) to Mick Calarco Work of City of Carlsbad, Parks and Recreation Department (client), outlines the process of design and fabrication of a new Welcome sign at the old entrance. There is a need to communicate the park identity, hours of operation, rules and programs information to the public at this location. The structure would be stylistically consistent the main entry sign. We will work with staff to determine the appropriate amount and delivery method of the programs information portion of this sign structure. Work Plan Concept Des ig n 3-6 weeks • Client communications • Review of all project materials • Materials research Deliverable: (1) draft layout and 30% concept design Design Development • Client communications1 site visits • Refine layout (based on collated comments) • Define all elements, materials Deliverable: 60% progress documents Final Design • Client communications • Finalize design (based.on collated comments) Deliverable: 90% progress documents • Incorporate all final edits (based on collated comments) • Coordination of fabrication specifications with fabricator • Prepare files for production • Fab coordination services Deliverable: 100% final files for production Design Services $2,375,00 Deliverable Fabrication • (1) Single-sided entry sign w/ changeable display Fab Services $5,500.00 Grand Total $7,875.00 ARTEFACT DESIGN PO Box 102 Cardiff, CA 92007 T: 760 94 4 -35 07 ARTEFAC TID.COM ARTEFACT 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 $7,875.00. City Attorney Approved Version 6/12/18 5 C.7.41CtirZIE, CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) 0ATE 04/13/2020 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'S 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 INSURANCE NOODLE LLC/PHS 83551718 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (866) 467-8730 (A/C, No, Ext): FAX (888) 443-6112 (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED ARTEFACT DESIGN PO BOX 102 CARDIFF BY THE SEA CA 92007-0102 INSURER A: Sentinel Insurance Company Ltd. 11000 INSURER B: INSURER C : 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.NOTVVITHSTANDING 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 LTR TYPE OF INSURANCE ADDL INSR SUBR VVVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/Y YYY) LIMITS A COMMERCIAL GENERAL X LIABILITY OCCUR X 83 SBA JZ3874 05/12/2020 05/12/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 X General Liability MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: x LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 A ____ _ _ A _ AUTOMOBILE ANY AUTO ALL OWNED AUTOS HIRED AUTOS LIABILITY SCHEDULED AUTOS NON-OVVNED AUTOS 83 SBA JZ3874 05/12/2020 05/12/2021 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) — _ BODILY INJURY (Per accident) _ A _ PROPERTY DAMAGE (Per accident) — UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE — OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER 0TH- STATUTE ER EL. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A DATA BREACH - RESPONSE EXPENSE COVG 83 SBA JZ3874 05/12/2020 05/12/2021 Limit $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER The City of Carlsbad, its officers, employees, volunteers and agents 799 PINE AVE STE 200 CARLSBAD CA 92008-2428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 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 Form1H 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 02/26/20 Expiration Date: 05/12/21 CERTIFICATE OF EXEMPTION WORKERS' COMPENSAT1ON/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