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Home My WebLink AboutArtefact Design; 2021-08-16;City Attorney Approved Version 6/12/18 1 AGREEMENT FOR UNIFIED COMMUNICATION GRAPHIC DESIGN SERVICES FOR LEO CARRILLO RANCH 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 Artefact Design, a sole proprietor, ("Contractor”). RECITALS City requires the professional services of a design team that is experienced in brochure and sign design. 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 (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand two hundred fifty dollars ($4,250). 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. DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E 21 16th August City Attorney Approved Version 6/12/18 2 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 Department Parks & Recreation Address PO Box 102 City of Carlsbad Cardiff, CA 92007 Address 799 Pine Ave. Suite 200 Phone No. 760-944-3502 Carlsbad, CA 92008 Email tanya@artefactid.com Phone No. 760-434-2859 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 No 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. 10. TERMINATION DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E City Attorney Approved Version 6/12/18 3 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. /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E City Attorney Approved Version 6/12/18 4 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Parks & Recreation Director Tanya Bredehoft, Owner (print name/title) ATTEST: By: N/A Single Signer (sign here) 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: CELIA A. BREWER, City Attorney By: Deputy City Attorney DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES Scope: This proposal, from Tanya Bredehoft of Artefact Design (design team) to Mick Calarco of City of Carlsbad, Parks and Recreation Department (client), outlines the process for 1) updating several existing brochures, and 2) design and fabrication of two (2) ~24”W x 60”H portable sign and stand for use outside of the Visitor Center Barn. Deliverables: 1) Seven (7) updated brochures in three print file formats (web, in-house, out-of-house) for each brochure 2) Design and fabrication of two (2) ~24”W x 60”H portable exterior sign and stand Sign stands will be painted wood structures consistent with established ranch design features. Sign panels will be double-sided exterior grade ImageLOC (or approved equivalent) material. Update Files (up to two review cycles) $1,500.00 • Client communications • File retrieval, edits, reviews • Incorporate all final edits (based on collated comments) • Prepare digital files for production Deliverable: Digital files in three print file formats (web, in-house, out-of-house) Design (up to three review cycles) $750.00 • Client communications / meeting(s) / site visits • Review of project materials • Concept design, graphic design • Define all graphic elements, materials and mounting methods • Develop graphic and support structure • Finalize graphic and support structure (based on collated comments) • Incorporate all final edits (based on collated comments) • Prepare drawings and graphic files for production Deliverable: 100% final documents, production files Fabrication Coordination $2,000.00 • Production and coordination of all signage elements Deliverable: (2) ~24”W x 60”H portable exterior stands, 18”W x 18”H double-sided signs Total not to exceed $4,250. DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E ARTEFACT DESIGN • Page 1 ARTEFACT DESIGN PO Box 102 Cardiff, CA 92007 T: 760 944-3502 ARTEFACTID.COM This proposal, from Tanya Bredehoft of Artefact Design (design team) to Mick Calarco of City of Carlsbad, Parks and Recreation Department (client), outlines the process for 1) updating several existing brochures, and 2) design and fabrication of two (2) ~24”W x 60”H portable sign and stand for use outside of the Visitor Center Barn. 1) Seven (7) updated brochures in three print file formats (web, in-house, out-of-house) for each brochure 2) Design and fabrication of two (2) ~24”W x 60”H portable exterior sign and stand Sign stands will be painted wood structures consistent with established ranch design features. Sign panels will be double-sided exterior grade ImageLOC (or approved equivalent) material. Update Files (up to two review cycles) $1,500.00 • Client communications • File retrieval, edits, reviews • Incorporate all final edits (based on collated comments) • Prepare digital files for production Deliverable: Digital files in three print file formats (web, in-house, out-of-house) Design (up to three review cycles) $750.00 • Client communications / meeting(s) / site visits • Review of project materials • Concept design, graphic design • Define all graphic elements, materials and mounting methods • Develop graphic and support structure • Finalize graphic and support structure (based on collated comments) • Incorporate all final edits (based on collated comments) • Prepare drawings and graphic files for production Deliverable: 100% final documents, production files Fabrication Coordination $2,000.00 • Production and coordination of all signage elements Deliverable: (2) ~24”W x 60”H portable exterior stands, 18”W x 18”H double-sided signs Grand Total $4,250.00 05 August 2021 City of Carlsbad Parks and Recreation Department Leo Carrillo Ranch Historic Park – 2021 Graphic Updates: Brochures, Signage Proposal Date Client Project Reference Scope of Work Deliverable Brochures 2–3 weeks Portable Signs Phase 1 2–3 weeks Phase II 8–10 weeks DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E ARTEFACT DESIGN • Page 2 ARTEFACT DESIGN PO Box 102 Cardiff, CA 92007 T: 760 944-3502 ARTEFACTID.COM Artefact Design will work with the client to coordinate and develop the information for the brochures and signage. Artefact will provide planning, writing, design, graphic design, and fabrication and installation services for the client as outlined in this proposal. Further services are to be determined and would be under separate contract. The client will identify a key contact person who will share reference materials, sources, and information for the development of content, text, and imagery (photographs, proposed illustrations, diagrams, or maps). The client will provide requested materials, answers to questions, review documentation produced by the designer, and offer timely suggestions for revisions or clarification within a reasonable (3 to 5 working days) period of time. The service fee is a not-to-exceed cost based on the scope of work outlined. If the project takes less time than estimated, designer will bill only for the time required to complete the scope of work. This quote is guaranteed for 60 days from the date this proposal is submitted. Costs are typically based on the services outlined in an agreement. Designer will bill for additional services at the rate of $120.00 per hour. If the client requires completed work before agreed-upon deadlines or additional work on an agreed-upon deadline, designer may charge a 30% rush service fee. Designer will inform the client of such a charge before it is incurred. Reimbursable expenses are in addition to compensation and include delivery services/ freight/postage; copy services; and travel expenses (airfare, lodging, car/taxi expenses, meals, etc.) for meetings outside San Diego County. We do not charge for long-distance phone costs within the U.S. Reimbursable expenses will be billed as incurred. If paid within 30 days, we will not include a handling fee. If payment is after 30 days, we will add a 5% handling fee. Artefact Design requires a signed contract, letter of agreement, or PO # to begin work. Receipt of a signed document indicates the client’s agreement to the services and compensation as outlined in this agreement. Designer will bill monthly on the first of each month. Final billing will be upon satisfactory completion of designer’s work on the project. Invoices are due upon receipt. Delay in payment of invoices may delay delivery of products as described in this agreement. We will make every attempt to assure the accuracy of the content; however, the client, as the content provider, reviewer and approver, bears the ultimate responsibility for the scientific, statistical, and historic accuracy of final documents. Either party may terminate a final agreement at any time by giving the other party ten working days written notice of such action. Proposal submitted on 05 August 2021 by e-mail to Mick Calarco, City of Carlsbad. Thank you for considering Artefact Design. We look forward to working with you. Sincerely, Tanya Symons Bredehoft Design Services Client Tasks Compensation Changes & Additions Reimbursables Payment of Professional Fees Scientific & Historical Accuracy Termination Approved:_____________________________________________ Date:______________________ PO #:______________________ City of Carlsbad Parks and Recreation DepartmentLeo Carrillo Ranch Historic Park2021 Graphic Updates: Brochures, Signage proposal DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E 3'-5"2'-0"1'-6"1'-6" 2'-5" Sign by other Notes: Exterior paint - Color TBD Hardware for sign installation TBD Wood construction 1 1/2"DocuSign Envelope ID: 8295DC75-9EC8-4EA3-B4B6-438267D21D6E POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form IH 12 00 11 85 T SEQ. NO. Printed in U.S.A. Page Process Date:Expiration Date: