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HomeMy WebLinkAboutLenska Inc; 2014-12-24; TRAN1121TRAN1121 AGREEMENT FOR AERIAL PHOTOGRAPHY SERVICES LENSKA, INC. THIS AGREEMENT is made and entered into as of the day of hccK^^h-c^ . 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and LENSKA, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of an Aerial Photography professional that is experienced in aerial photography. 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 two (2) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be two thousand one hundred dollars ($2,100). 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 ofthis Agreement. City Attorney Approved Version 1/30/13 TRAN1121 6. INSURANCE Contractor will obtain and maintain policies of commercial general liabiiity 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 rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X'', in an amount of not less than one million dollars ($1,000,000) each, unless othenwise 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. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution ofthis 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 Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 Carisbad 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 seg.. and Carisbad Municipal Code Sections 3.32.025, et seo. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad 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 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 1/30/13 TRAN1121 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 : CITY OF CARLSBAD, a municipal LENSKA, INC., a California corporation corporation of the State of California " ^ A/J^ y'^f^^' (sign here) Qty Monogteta (|3rint narne/lj^le) Mayor OP Director Patrick Thomas ATTEST: ,(sign here) . BARBARA EISESON UrUk^yXjll ^(>^Uf\^ City Clerk (print nanie/title) 7~ 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 Assistant City Attorney City Attorney Approved Version 1/30/13 TRAN 1121 EXHIBIT "A" SCOPE OF SERVICES Lenska Aerial shall conduct airphoto collection of the area of the Poinsettia Fire of May 2014 as specified in the shapefile supplied by the City of Carisbad GIS Department according to the following specifications: Product A: 1. Orthophoto image of the area. 2. Resolution of digital file will be 4". 3. File format to be jpg with world coordinate file. 4. File to be geo-rectified to the California State Plane Coordinate System, Zone VI using the NAD 83. 5. Cost for flight, processing and delivery to be $1,850.00 Product B: 1. Purchase of four previously flown oblique air photos of selected areas of the fire area as identified by photo numbers 051914-10,12, 13, 14. 2. Cost for the four selected photos to be $250.00 Total amount for Product A and Product B = $2,100.00 City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or ottier officer completing tfiis certificate verifies only tlie identity of ttie individual who signed tfie document to wfiicfi tfiis certificate is attactied, and not tfie truthfulness, accuracy, or validity of tfiat document. State of California County of ^yf^V Date personally appeared _ r . before me. Here Insert Name and Tftle of the Offici Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s(f whose name(^ fi/e/re subscribed to the within instrument and acknowledged to me that hefg^tHey executed the same in hiEl'fj^Heir authorized capacity(ij^, and that by hlss*^ttfeir signature|^) on the instrument the person!^ or thVentity upon behalf of which the persorj(g) acteil; executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ^JON SCOTT COMM. 1 2073593 WTMrpwuc-cAutonu JwOllCOColSiTT ' 20f8' Mr • Ew. Mir 4, 20f8 WITNESS my hand and official seal Signature. Signature of Notary Pub//cv' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Doci jber of Pages: :hed Document i— ument: £A _L. 9[igner(s) Other Than Named Document Date: Above: ' imed by Signer(s) Gapaclty(r Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian-erCforiservator • Other: Signer Is R| anting: Signer's Nan • Corporate Officer - Tltle(s): jrtner — • Limited • General • Indivlatiak,^,^ • Attorney in Fact • Trustee ^'•"~~~-&Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^T^v On^I-^yiVew^Wr C^l^aojbefore me, \ (Hereimsert name and title of the ofiicer) 7 personally appeared who proved to me on the basis of satisfactory evidence to be the person^ whose name^(J§^j^ subscribed to the within instrument and acknowledged to me that,>e^^tfee5' executed the same in JaiS^^iidf authorized capacity(ies), and that byjas^k^heif signature|^s)^n the instrument the person^, or the entity upon behalf of which the perso9;^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. /-' ^L:^ • • . ''.'.'.LU' '•'••""1, y hand and official seal 7 0. p. MAYO III ^ . COMM. # 2071295 «; NOT»RYPUBUC-C»LIFORMIA Uf \C-J' / SM DIESO COUHTY y ^^S^^ COMM. Uf. im 13,2018 J Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT 4f (Title or description of attached document) (Title or description of attached document continued) Number of Pages _H_ DocumentDate' (Additional information) CAPACITY CLAIMED BY THE SIGNER • ^<iividual (s) Q''^^rporate Officer (Title) • Partrier(s) • Attomey-in-Fact • Trustee(s) • Otiier INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative aclmowledgment verbiage as may be printed on .iuch a document so long as the verbiage does not reguire the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Piease check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notaiy public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/&eyr is ) or circling the correct forms. Failure to correctiy indicate tbis information may lead to rejection of doctmient recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate tifle or type of attached docimient, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Seciffely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com