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Betsy K. Schulz LLC; 2021-07-13; PSALCA-22005CA
City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CUSTOM ARTWORKS FOR TWO OVERSIZED BEACH CHAIRS AND GUEST RESIDENCY PROGRAM BETSY K. SCHULZ, LLC THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Betsy K. Schulz, a Limited Liability company, ("Contractor”, “Artist”). RECITALS A.City requires the professional services of an artist to create two works of art, “Artworks” on two oversized beach chairs, as well as conducting a “Guest Residency” program at an off-site city location. B.Contractor has the necessary experience in providing professional services and advice related to necessary Artworks experience and qualifications. C.Contractor 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of eighteen (18) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be sixteen thousand nine hundred dollars ($16,900). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936EDebbie Jo McCool Tonya Rodzach Richard SchultzDebbie Jo McCool Suzanne Smithson Ed Garbo 13th July City Attorney Approved Version 6/12/18 2 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.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. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have 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 DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 3 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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.REPRODUCTION RIGHTS, PUBLICITY AND PHOTOGRAPHY Except as limited by this Agreement, Contractor retains any or all copyright, licensing, and/or ownership rights to the Artworks available to him/her under state or federal law. In accordance with Section 3 of the Scope of Work, Contractor grants City the right to photograph, telecast, video production, social media coverage or make similar visual reproductions of the Artworks covered by this Agreement for publicity and advertising purposes and other educational purposes and in catalogues, posters, postcards, guides or other that it distributes. City agrees to acknowledge the artist on all related print matter, exhibition announcements, publicity releases, invitations, posters, signs or other promotional or educational materials relating to the Artworks. 16.HEALTH & SAFETY During the COVID-19 health-related pandemic, all activities occurring at City facilities and the Chair(s) Recipient’s site, all parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Contractor what the current guidelines are prior to their arrival and entering any City facility. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring face covering, maintaining physical distancing of six (6) feet. The safety protocols may be modified at any time due to changing rules, regulations or circumstances. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 5 17.OWNERSHIP OF THE ARTWORKS Title to the completed Artworks immediately vests in the City upon completion, along with all rights of ownership, possession and control. Prior to completion of the Artworks, City shall have the right, at its option, to claim ownership, possession and control of the uncompleted portions of the Artworks which are on site. 18.OWNERSHIP OF DOCUMENTS REPRODUCTION RIGHTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. Subject to the rights granted herein, Contractor retains all rights under the Copyright Act of 1976 (17 U.S.C. §101 et. seq.), as amended from time to time. The Contractor hereby grants the City, royalty free and irrevocable license to make, or cause to be made, photographs and other two-dimensional reproductions of the Artworks for noncommercial purposes. For the purpose of this Agreement, the following are among those deemed to be permissible reproductions for the above cited purposes: reproductions used in City business, advertising, souvenirs, brochures and pamphlets pertaining to the City; reproductions in exhibition catalogues, books, slides, photographs, postcards, posters, calendars, art magazines, art books and art and news sections of newspapers; in general books and magazines not primarily devoted to art; slides and film strips; video; computer websites; and television; as well as in media that shall exist in the future. The City may not re-license the Artworks nor make a full-scale exact duplicate of the Artworks nor alter Artworks by selecting portions without Contractor’s consent. The City shall include the Contractor’s copyright notice on any reproductions and the Contractor shall include the following words on any reproduction: "An original work commissioned by the City of Carlsbad, California." 19.WARRANTIES 19.1. Warranty of Title. The Contractor represents and warrants that: (a)The Artworks is solely the result of the artistic effort of the Contractor. (b)The Artworks is unique and original and does not infringe upon any copyright, trademark, service mark or other intellectual property right of any third party. (c)The Artworks or a duplicate of the Artworks has not been sold elsewhere. 19.2. Warranty of Quality and Condition. The Contractor represents and warrants that: (a)The execution and fabrication of the Artworks will be performed in a workmanlike manner. (b)The Artworks, as fabricated and installed, will be free of defects in materials and workmanship, including any defects consisting of “inherent vice" or qualities which cause or accelerate deteriorations of the Artworks. 19.3. Reasonable maintenance of the Artworks will not require procedures in excess of those described in the maintenance recommendations to be submitted by the Contractor to the City along with the design. The warranty of quality and condition shall survive for a period of one year after the final acceptance of the Artworks. The City shall give notice to the Contractor of any observed breach with reasonable promptness. The Contractor shall at the request of the City, and at no cost to the City, cure reasonable and promptly the breach of any such warranty which is curable by the Contractor and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artworks.) DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 6 20.REPAIRS The City will have the right to determine when and if repairs and restorations to the Artworks shall be made. 21.WAIVER OF RIGHTS The Contractor and City acknowledge that the Contractor may have certain rights under the Federal Visual Artists Rights Act of 1990 ("VARA" 17 U.S.C. § 106A, et seq.). The Contractor acknowledges and understands that if fabrication is performed, the subsequent installation of the Artworks at the site may subject the Artworks to destruction, distortion, mutilation, or other modification due to its removal by the City or its officials, officers, employees, agents, or representatives. The Contractor and City acknowledge that the Contractor may have certain rights under California Civil Code Section 987 which are not pre-empted by VARA. In consideration of the terms and conditions in this Agreement, the Contractor waives any rights which the Contractor or the Contractor 's heirs, beneficiaries, devisees, or personal representatives may have under California Civil Code Section 987 to prevent the removal, destruction, distortion, mutilation, or other modification of the Artworks. Any contracts or written agreements between the Contractor and his/her subcontractors or other artists contributing to the Artworks shall include a waiver of the Contractor’s rights under this Agreement. The Contractor agrees to waive the rights under VARA to prevent the destruction, distortion, mutilation, or other modification of the Artworks. The Contractor’s rights under this Agreement shall cease with the Contractor’s death and do not extend to the Contractor’s heirs, successors or assigns. In addition, in the event that any element of the Artworks constitutes a public safety hazard, the City has the right to remove the element posing the public safety hazard. The Contractor, his or her agents, heirs, successors and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action under these Acts. 22.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 Richard Schultz Title Cultural Arts Manager Department Library & Cultural Arts For Contractor Name Betsy K. Schulz, LLC Title Artist/Contractor Address 2478 Carmel Valley Road City of Carlsbad Del Mar, CA 92014 Address 1775 Dove Lane Phone No. 858-692-6661 Carlsbad, CA 92011 Email betsykschulz@me.com Phone No. 760-602-2086 DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 7 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. 23.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 No 24.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 25.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 26.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 27.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 8 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 28.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 29.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 30.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 31.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 32.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 9 33.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 corporation of the State of California By: By: (sign here) SUZANNE SMITHSON Library & Cultural Arts Director As Authorized by City Manager BETSY K. SCHULZ, Artist/Contractor (print name/title) ATTEST: By: (sign here) For BARBARA ENGLESON City Clerk (print name/title) 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: For CELIA A. BREWER, City Attorney BY: _____________________________ Deputy/Assistant City Attorney DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 10 EXHIBIT “A” SCOPE OF SERVICES The City is requesting Contractor to provide custom Artworks on the surface of two (2ea) 4’d x 4’w x 6’h oversized beach chairs. The Contractor shall determine the artistic expression, and design of the Artworks, subject to review and acceptance by the City’s Cultural Arts Manager or designee. The chairs’ material consists of water-jet-plywood, which is sanded and primed. Contractor shall perform all services and furnish all supplies necessary for any additional surface preparation, if any, painting and sealing of the chair. The City will provide the oversized beach chairs to the Contractor for preparing, painting and sealing. Pick-up date/time of chairs to be determined and negotiated with the City’s Cultural Arts Manager or designee. The City, in coordination with the Chair(s) Recipient, will provide a space for the Contractor and staff to conduct a Guest Residency program. City reserves the exclusive right to determine the location where the oversized beach chairs will be installed for public display. The Guest Residency will include Watch-And-Learn sessions over a two to four-week timeframe totaling at least 12 hours on interaction with Contractor and staff. The Guest Residency is focused on heightening the awareness of the City’s temporary public art program and providing a greater awareness of local and regional artists and heightens the visibility of the arts in Carlsbad, which directly correlates to the City’s Arts & Culture Master Plan. 1.CITY CONTACT INFORMATION •Cultural Arts Manager, Richard Schultz, 760-602-2086, richard.schultz@carlsbadca.gov •Community Arts Coordinator, Tonya Rodzach, 442-245-0502, tonya.rodzach@carlsbadca.gov •Cultural Arts General Phone, 760-602-2090 *Throughout COVID-19 pandemic, staff may have adjusted hours and work locations. Email may be the initial preferred method of reaching staff. 2.ARTWORKS: TWO OVERSIZED BEACH CHAIRS TASK, DESIGN •Transportation. Coordinated with Contractor, the City will pick-up/deliver chairs to and from Contractor’s studio location, 2478 Carmel Valley Road, Del Mar, CA 92014. City will coordinate with Contractor for delivery to the final installation location. •Chair Artwork Requirements. Prepare the two oversized beach chair surfaces in anticipation of Artworks. Design and paint the surfaces of the two oversized beach chairs in an accompanying design concept that is to become temporary public art. After the oversized beach chairs are painted, the Artworks and the entire surfaces of the oversized beach chairs are to be sealed with a clear coat sealant to protect product from outside conditions. The sealant will be chosen by the Contractor and will be appropriate for the intended use. •Work Site Requirements. o One (1) oversized beach chair will be completed at the Contractor’s artist studio o One (1) oversized beach chair will be completed onsite at City’s designated location within the City of Carlsbad during the watch-and-learn sessions DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Audra Mahoney City Attorney Approved Version 6/12/18 11 •Chair Artwork Maintenance Requirements After the chairs have been accepted by the City, the Contractor will perform two maintenance visits per chair to verify wear and tear of each chair. These visits should occur three and nine months post acceptance. All findings shall be communicated in writing to the City’s Cultural Arts Manager or designee. 3.GUEST RESIDENCY - WATCH-AND-LEARN SESSIONS Guest Residency consists of four (4) watch-and-learn sessions scheduled to take place over a two to four-week timeframe totaling up to 12 hours for interaction for visitors with the Contractor and staff. Watch-and-Learn. The Guest Residency “Watch-and-Learn” will provide on-site visitors with a more casual and social interaction with the Contractor, staff and provide visitors an opportunity to watch the process of the “live” painting of the Artworks being completed onsite. Artworks will be completed by the Contractor over as a mutually agreed upon four-week time period. The City will post these scheduled dates on the City’s social media outlets to invite visitors to watch the Contractor complete the Artworks. In preparation for the Watch-and-Learn sessions, the Contractor will visit the chair’s selected site to discuss suggested content. The Contractor will incorporate native flora and fauna illustrations based on the research that is conducted. These developed illustrations will be used for the development of the cover of the field guide, a postcard and will be present on the front- facing portion of the oversized beach chairs. Any Artwork changes must be discussed in advance between the Contractor and City prior to adjustments. As part of this interactive Guest Residency Watch-and-Learn sessions, the Contractor will attribute a minimum of 40-hours to create illustrations for designed postcards and field guide covers. These images will be shown to site visitors, encouraging them to create their own watercolor paint Artworks. All Artworks completed will be accepted by the City and shared with the City’s Communication & Engagement Department to develop the final layout of the content and postcard. Watch-and-Learn Supplies. City will provide materials and supplies needed for Watch-and-Learn sessions. Materials include, but not limited to: •Designed and printed postcards •Designed and printed field guides •Art supplies: watercolor sets, pencils, erasers, etc. •Canopies •Tables & chairs Contractor will be responsible for all materials to complete the Artworks on the oversized beach chairs. Materials include, but not limited to: •Original Illustrations for postcard and field guide •Specific materials for the onsite watch-and-learn sessions DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 12 The City will provide a staff person to support Contractor during these Watch-and-Learn sessions over the two-to four-week period attributing at least 12 hours. The Contractor will meet with City or designee at least four (4) hours for the discussion period. The City will coordinate Watch-and-Learn set-up with City or designee. *WATCH-AND-LEARN PROGRAM PROPOSED SCHEDULE Date Activity Phase One: January 2022 1.Work with City’s Cultural Arts Manager or designee to coordinate the delivery of the two oversized beach chairs to the Contractor’s studio. 2.Contractor to begin the development of the illustrations. 3.Contractor to share illustrations via email to the City’s Cultural Arts Manager or designee. 4.Finalize illustrations to be used for the field guide cover and the postcard. 5.Send final digital versions of the illustrations via email to the City’s Cultural Arts Manager or designee. Phase Two: February to March, 2022 1.Coordinate with the City to identify timeframe of the two weeks for the four sessions for the “Watch-and-Learn” sessions. 2.Email identified session dates to the City’s Cultural Arts Manager or designee. 3.Finalize Artwork on one of the two oversized beach chairs. 4.Take multiple photographs of the completed oversized beach chair, including some up-close details. 5.Notify City’s Cultural Arts Manager or designee in writing via email once completed and share digital photos, at that time. Phase Three: April to May, 2022 1.Notify City’s Cultural Arts Manager or designee in writing via email when the two chairs are ready for pick-up. 2.Coordinate with City on pick-up by or earlier than April 15, 2022. 3.Between April 15 to May 15, 2022, Conduct “Watch-and- Learn” sessions over at least four identified dates at pre- determined site within the City of Carlsbad’s city boundary. 4.Finalize Artworks on two oversized beach chairs. 5.Place final sealant on both chairs. 6.By May 31, 2022, City to review completion of Artworks. *Timelines to be mutually-agreed upon all parties involved. Any changes in dates can be authorized by and with notification to the City’s Cultural Arts Manager or designee in writing via email at least 60-days in advance to the predetermined date listed above. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 13 CONTRACTOR Programming Contractor will be available to participate in in-person programming such as tours and discussion of Artworks, audio, and/or on-camera interviews and any media opportunity. All programming will be coordinated in advance with the City's Cultural Arts Manager or designee and shall constitute “work made for hire” under the United States Copyright Act of 1976 [17 U.S.C. §§ 101, et seq.] and any other applicable law. City reserves the right to audio and/or video record and to reproduce and distribute any lecture, reading or speaking engagement, and musical concert or musical performance performed under this Agreement as virtual programming. City may retain the recording in its files, may replay the recordings for its employees and the public, including the right to post, replay, or broadcast the recordings on the City’s YouTube channel, the City’s cable channel, the City’s Library Facebook Live account, and other similar City internet-based platforms, and may make the recording available for non-circulation use at its library facilities. City shall not sell the recording. City shall provide a copy of the recording to the Contractor, upon the Contractor’s request. Press Kit Upon execution of Agreement, the Contractor agrees to provide a high-resolution image of self (headshot preferred) and written biography (up to 300 words) as well as four (4) to five (5) high- resolution images of Artworks being shown in the City. Images shall be delivered to the City's Cultural Arts Manager or designee in electronic form immediately upon the Agreement's execution. Warranty of Title Contractor warrants the authorized agent of the lawful owner or artist of the Artworks and has the authority to enter into this Agreement and to grant the rights to City as set forth in this Agreement. Contractor also warrants that the Artworks(s) is not now or will be subjected to claims of ownership, lien, encumbrance, copyright infringement, or trademark infringement under any state or federal law. Contractor shall indemnify the City, its officers, and employees for all damages related to a claim asserting a violation or claim of violation of this Warranty of Title, including reasonable attorney fees and costs. CITY Artworks Installation, Relocation and Deinstallation City shall install and exhibit the Artworks. City reserves the right to make the final decision on which items will be included in the placement of the temporary public art Artworks, and the arrangement, relocation and deinstallation of the Artworks. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E City Attorney Approved Version 6/12/18 14 4.PROJECT PAYMENT SCHEDULE Date Activity First payment A payment of $3,000 due upon the execution of the Agreement. Second payment A payment of $3,000 due upon City delivering Chairs to Artist’s site and Artist beginning the work. Third payment A payment of $4,000 due upon receipt the native flora and fauna illustrations. Final illustrations to be sent with via email to the City’s Cultural Arts Manager or designee. Fourth payment A payment of $3,000 will be due upon acceptance of oversized beach chair’s Artworks by Cultural Arts Manager or designee and the chairs positioned at Recipient’s site. Artist responsible for the final sealant placed on Artworks. Final payment A payment of $3,900 due upon completion and acceptance of the four “Watch-and-Learn” sessions. SUMMARIZED COSTS Artwork, Oversized Chairs Guest Residency, Watch and Learn Artwork on two (2) chairs $10,000 Illustrations (40 hours @ $100/hour) $4,000 Watch-and-Learn sessions $1,800 Meeting with chair(s) recipient’s site $400 Artmaking materials $700 Artwork Total $10,000 Guest Residency Total $6,900 Total cost of project is sixteen thousand nine hundred dollars ($16,900.) All fees will be paid as specified above. All invoices shall be submitted to City’s Cultural Arts Manager Richard Schultz or Public Arts Coordinator Tonya Rodzach and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City’s Library & Cultural Arts Director or designee. If, at the expiration or termination of the agreement, if Contractor has not completed any portion of the tasks, Contractor shall refund the remaining portion of the deposit. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 June 21, 2021 The City of Carlsbad, its officials, employees and volunteers 1635 FARADAY AVE CARLSBAD CA 92008-7314 Account Information: Policy Holder Details :BETSYKSCHULZ, LLC Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/21/2021 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 C3 RISK & INSURANCE SERVICES/PHS 72166112 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): (888) 443-6112 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED BETSYKSCHULZ, LLC 2478 CARMEL VALLEY RD DEL MAR CA 92014-3801 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.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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS A COMMERCIAL GENERAL LIABILITY X X 72 SBA AE5650 06/09/2021 06/09/2022 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000,000 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 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 CANCELLATION The City of Carlsbad, its officials, employees and volunteers 1635 FARADAY AVE CARLSBAD CA 92008-7314 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 DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E ACORD 101 (2014/01)© 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC# : ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY C3 RISK & INSURANCE SERVICES/PHS NAMED INSURED BETSYKSCHULZ, LLC 2478 CARMEL VALLEY RD DEL MAR CA 92014-3801 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE:SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER:ACORD 25 FORM TITLE:CERTIFICATE OF LIABILITY INSURANCE Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this policy. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 and the Hired Auto and Non Owned Auto Endorsement SS0438, attached to this policy. Notice of Cancellation will be provided in accordance with Form SS1223, attached to this policy. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 June 21, 2021 BETSYKSCHULZ, LLC 2478 CARMEL VALLEY RD DEL MAR CA 92014-3801 Account Information: Policy Holder Details :BETSYKSCHULZ, LLC Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Summary Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Sum of Insurance June 21, 2021 Account Policy Information: Agency Name C3 RISK & INSURANCE SERVICES/PHS Agency Code 72166112 Recipient Information BETSYKSCHULZ, LLC 2478 CARMEL VALLEY RD DEL MAR CA 92014-3801 SUMMARY OF INSURANCE Account Policy Recap Policy Number Policy Term Premium Spectrum Sentinel Insurance Company Ltd. 72 SBA AE5650 06/09/2021 to 06/09/2022 DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Summary of Insurance (Continued) Sum of Insurance Spectrum Summary of Insurance With Sentinel Insurance Company Ltd. A member company of The Hartford 06/09/2021 to 06/09/2022 Property Coverages – Special Form Limit Deductible Location 001 Building 001 2478 CARMEL VALLEY RD. DEL MAR CA 92014-3801 BUSINESS PERSONAL PROPERTY Replacement Cost $22,200 $1,000 STRETCH See Attached LTD FUNGI BACTERIA/VIRUS COVG $50,000 LTD FUNGI BI # OF DAYS -30 Property additional Policy Coverage – Applicable to all policy locations Coverage Name Limit Deductible EQUIPMENT BREAKDOWN COVERAGE BUS INCOME W/ EXTRA EXPENSE TERRORISM IDENTITY RECOVERY COVERAGE Comm’l Liability Coverages – Applicable to all policy locations Coverage Name Limit EACH OCCURRENCE $2,000,000 DAMAGE TO PREMISES RENTED TO YOU $1,000,000 MEDICAL EXPENSE $10,000 PERSONAL & ADVERTISING INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 PRODUCT/COMPLETED OPERATION AGGREGATE $4,000,000 TERRORISM HIRED/NON-OWNED AUTO LIABILITY $2,000,000 CYBERFLEX LIABILITY EXCLUSION DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Summary of Insurance (Continued) Sum of Insurance Class Description Detail Location Number Class Description Class Code 001 Art Studio Including Art Lessons 44831 DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Form SS 84 01 09 07 Page 1 of 2 © 2007, The Hartford STRETCH SUMMARY SUMMARY OF COVERAGE LIMITS This is a summary of the Coverages and the Limits of Insurance provided by the Stretch Coverage form SS 04 08 which is included in this policy. No coverage is provided by this summary. Refer to coverage form SS 04 08 to determine the scope of your insurance protection. The Limit of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided under this policy: Coverage Limit Accounts Receivable – On/Off-Premises $ 25,000 Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000 Computer Fraud $ 5,000 Computers and Media $ 10,000 Debris Removal $ 25,000 Employee Dishonesty (including ERISA)$ 10,000 Fine Arts $ 10,000 Forgery $ 10,000 Laptop Computers – World-Wide Coverage $ 5,000 Off Premises Utility Services – Direct Damage $ 10,000 Outdoor Signs Full Value Pairs or Sets Up to Business Personal Property Limit Personal Property of Others $ 10,000 Property at Other Premises $ 10,000 Salespersons’ Samples $ 1,000 Sewer and Drain Back Up Included up to Covered Property Limits Sump Overflow or Sump Pump Failure $ 15,000 Temperature Change $ 10,000 Tenant Building and Business Personal Property Coverage- Required by Lease $ 20,000 Transit Property in the Care of Carriers for Hire $ 10,000 Unauthorized Business Card Use $ 2,500 Valuable Papers and Records – On/Off-Premises $ 25,000 The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Newly Acquired or Constructed Property – 180 Days Building $1,000,000 Business Personal Property $ 500,000 Business Income and Extra Expense $ 500,000 Outdoor Property $ 20,000 aggregate/ $1,000 per item Personal Effects $ 25,000 Property Off-Premises $ 15,000 DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Page 2 of 2 Form SS 84 01 09 07 The following changes apply only if Business Income and Extra Expense are covered under this policy. The Limits of Insurance for the following Business Income and Extra Expense Coverages are in addition to any other Limit of Insurance provided under this policy: Coverage Limit Business Income Extension for Off-Premises Utility Services $ 25,000 Business Income Extension for Web Sites $ 10,000/7 days Business Income from Dependent Properties $ 25,000 The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Extended Business Income 60 Days The following changes apply to Loss Payment Conditions: Coverage Limit Valuation Changes Commodity Stock Included "Finished Stock"Included Mercantile Stock - Sold Included DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Renewal Page 11 of 52 Continued on Back DEC_PAGE (03-14) (Page 1 of 4) Declarations Page This is a description of your coverage. Please retain for your records. NORBERT J SCHULZ AND BETSY K SCHULZ 2478 CARMEL VALLEY RD DEL MAR CA 92014-3801 Email Address: betsykschulz@me.com Date Issued: May 26, 2021 GEICO General Insurance Company P.O. Box 509090 San Diego, CA 92150-9090 Tel: 1-800-841-3000 Policy Number:4377-02-31-16 Coverage Period: 06-29-21 through 12-29-21 12:01 a.m.standardtime at the address of the named insured. Named Insured Norbert Joseph Schulz Betsy Kopshina Schulz Additional Drivers Cooper Joseph Schulz Carlee Schulz Vehicles VIN Vehicle Location Finance Company/ Lienholder 1 2004 Toyota Tundra SR5 5TBDT44104S436796 DEL MAR CA 92014-3801 CITY OF SOLANA BEACH OFFICERS 2 2015 Volks Passat 1VWAT7A3XFC031452 DEL MAR CA 92014-3801 CALIFORNIA COAST CU 3 2012 Toyota Prius JTDZN3EU5C3026392 DEL MAR CA 92014-3801 Coverages*Limits and/or Deductibles Vehicle 1 Vehicle 2 Vehicle 3 Bodily Injury Liability Each Person/Each Occurrence State Minimum $15,000/$30,000 $500,000/$500,000 Property Damage Liability State Minimum $5,000 $100,000 Medical Payments $5,000 Uninsured & Underinsured Motorists Each Person/Each Occurrence $500,000/$500,000 Uninsured Motorists Property Damage Insured Rejects --- Comprehensive (Excluding Collision)$1,000 Ded Collision $1,000 Ded/Waiver DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Renewal Page 12 of 52 Continued on Next Page DEC_PAGE (03-14) (Page 2 of 4) Coverages*Limits and/or Deductibles Vehicle 1 Vehicle 2 Vehicle 3 Emergency Road Service Full Six Month Premium Per Vehicle Total Six Month Premium *Coverage applies where a premium or $0.00 is shown for a vehicle. If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee amount will be shown on your billing statements and is subject to change. Discounts and Surcharges Discounts Good Student (Veh 1) Passive Restraint/Air Bag (All Vehicles) California Persistency (All Vehicles) Multi-Car (All Vehicles) Subclass Factor (Veh 1, 3) California Good Driver (All Vehicles) Anti-Theft Device (Veh 2, 3) Surcharges Accident and/or Conviction (Veh 2) Group Insurance Plan: Professional Group Insurance Plan Contract Type:A30CA Contract Amendments:ALL VEHICLES - A30CA A54CA Unit Endorsements:UE316C(VEH 1,2); UE30(VEH 1); U99(VEH 1); A115(VEH 1,2,3); A428(VEH 1,2,3) Class:A -N -06SM - A (VEH 1); 0 -N -05SF -39 A (VEH 2); A -N -34MF - A (VEH 3) Important Policy Information - You have elected to receive your insurance documents via electronic delivery at the electronic mail address displayed on this Declarations Page. To change the address where you receive your policy documents, visit geico.com or call 1-800-841-3000. - No coverage is provided in Mexico. DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Renewal Page 13 of 52 DEC_PAGE (03-14) (Page 3 of 4) Important Policy Information - Reminder - Physical damage coverage will not cover loss for custom options on an owned automobile, including equipment, furnishings or finishings including paint, if the existence of those options has not been previously reported to us. This reminder does NOT apply in VIRGINIA, however, in Virginia coverage is limited for custom furnishings or equipment on pick-up trucks and vans but you may purchase coverage for this equipment. Please call us at 1-800-841-3000 or visit us at geico.com if you have any questions. - Congratulations! Your policy qualifies for the Professional Group Insurance Plan and includes a savings of $270.40. - Confirmation of coverage has been sent to your lienholder and/or additional insured. - In California, you have the right to designate one person to receive notices from GEICO if your policy is about to cancel or expire for non-payment. Your designee will not have any rights or benefits under your policy other than the right to receive the notice or make a payment. You can change or remove the designee at any time. If you would like to add, change or remove a designee from your policy, simply log into your account at geico.com or call us at 1-800-841-3000. - Claims incurred while an insured vehicle is being used to carry passengers for hire may not be covered by this contract. Please review the contract for a full list of exclusions and contact us if you plan to use any of your insured vehicles for this purpose. - Please verify that the coverages you requested are accurately reflected on your Declarations Page. Visit geico.com to review additional coverages and/or limits available to you. - The Multi-Line Discount has been removed. To qualify for this discount you must carry an active Motorcycle and/or Personal Umbrella Policy with GEICO. - In accordance with Section 1872.87 of the California Insurance Code, in addition to your premium, a $0.88 charge per vehicle is assessed to fund auto insurance fraud reduction initiatives. This charge is applied once per policy term per vehicle. -The estimated annual mileage figures applicable to the vehicles on your policy for the current and upcoming policy periods are: Vehicle Current Mileage Upcoming Mileage 2004 Toyota Tundra SR5 260 260 2015 Volks Passat 120 120 2012 Toyota Prius 120 120 DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E Renewal Page 14 of 52 DEC_PAGE (03-14) (Page 4 of 4) DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E BETSY K SCHULZ CERTIFICATE OF EXEMPTION WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE I, BETSY KOPSHINA SCHULZ , am the OWNER / ARTIST [insert name] [title] of BETSYKSCHULZ, LLC . I hereby certify that BETSYKSCHULZ, LLC [name of company] [name of company] has no employees and is not required by law to maintain workers’ compensation or employers’ liability insurance. Should BETSYKSCHULZ, LLC [name of company] employ any person during the term of the Agreement with the City of Carlsbad for BEACH CHAIRS PUBLIC ART , [description of project or work that is being contracted] then workers’ compensation and employers’ liability insurance will be obtained. [Name] BETSYKSCHULZ, LLC [Title and name of company or corporation] DocuSign Envelope ID: 3DB56217-72E4-45DA-ACAF-1E546A05936E