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HomeMy WebLinkAboutRon Juncal dba Studio 2; 2022-06-17; PSALCA-22110CAPSALCA-22110CA City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CUSTOM ARTWORK SERVICES FOR OVERSIZED BEACH CHAIR RON JUNCAL dba STUDIO 2 THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2022, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Ron Juncal, dba Studio 2 ("Contractor”, “Artist”), (collectively, the “Parties.”) RECITALS City requires the professional services of an artist to create a work of art (“Artwork”) on an oversized beach chair. 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 six (6) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be five thousand dollars ($5,000). 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. 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. 6. 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. DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A 17th June PSALCA-22110CA City Attorney Approved Version 6/12/18 2 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 3 12. 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. 13. 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. 14. 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. 15. 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 DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 4 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." 16. WARRANTIES 16.1. 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. 16.2. 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. 16.3. 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.) 17. REPAIRS The City will have the right to determine when and if repairs and restorations to the Artworks shall be made. 18. 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. DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 5 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. 19.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 Richard Schultz Name Ronald Juncal dba Studio 2 Title Cultural Arts Manager Title Contractor, Artist Department Library & Cultural Arts Address 3745 Highland Drive City of Carlsbad Carlsbad, CA 92008 Address 1775 Dove Lane Phone No. 760-729-2053 Carlsbad, CA 92011 Email ronjuncal.studio2@gmail.com Phone No. 442-339-2086 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. 20.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 21.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. 22.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. DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A □ ■ PSALCA-22110CA City Attorney Approved Version 6/12/18 6 23. 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. 24. 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. 25. 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. 26. 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: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 7 27. 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 RONALD JUNCAL, Artist/Contractor (print name/title) ATTEST: By: (sign here) For FAVIOLA MEDINA City Clerk Services Manager (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: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES The City is requesting Contractor to provide custom Artwork on the surface of a 4’d x 4’w x 6’h oversized beach chair. The Contractor shall determine the artistic expression, and design of the Artwork, subject to review and acceptance by the City’s Cultural Arts Manager or his designee. The oversized beach chair’s 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 for painting and sealing the oversized beach chair. The City will provide the oversized beach chair to the Contractor for preparing, painting and sealing. Pick-up date/time to be determined of the oversized beach chair to be determined and negotiated with the City Cultural Arts Manager or his designee. As part of the City’s ongoing efforts to maintain their public art projects, the Contractor will provide restoration and conservation work annually over the next two years after this Agreement has been executed. The final Artwork will become part of the City’s temporary public art program installed at a specific City site, which focuses on providing a greater awareness of local and regional artists and heightens the visibility of the arts in Carlsbad. This initiative also directly correlates to the City’s Arts & Culture Master Plan. 1. CITY CONTACT INFORMATION • Cultural Arts Manager, Richard Schultz, 442-339-2086, richard.schultz@carlsbadca.gov • Public Art Coordinator, Tonya Rodzach, 442-245-0502, tonya.rodzach@carlsbadca.gov • Cultural Arts General Phone, 442-339-2090 * Email may be the initial preferred method of reaching staff. 2. ARTWORKS: ONE OVERSIZED BEACH CHAIR TASK, DESIGN Transportation. Coordinated with Contractor, the City will pick-up/deliver chair to and from Contractor’s studio location. The City’s Cultural Arts Manager or his designee will coordinate with Contractor for the delivery to the final installation location. Oversized Beach Chair Rendition. For reference only DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 9 Chair Artwork Requirements. Prepare the oversized beach chair surface in anticipation of Artwork. Design and paint the surface of the oversized beach chair in an accompanying design concept that is to become temporary public art. After the oversized beach chair is painted, the Artwork and the entire surface of the oversized beach chair is 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. One (1) oversized beach chair will be completed at the Contractor’s artist studio Chair Artwork Maintenance Requirements. After the oversized beach chair has been accepted by the City, the Contractor will perform two annual visits to verify and repair general condition of the Artwork on the chair. These annual visits should occur over the next two years post acceptance. All findings shall be communicated in writing to the City’s Cultural Arts Manager or his designee. 3. CONTRACTOR Programming. Contractor will be available to participate in in-person programming such as tours and discussion of Artwork, 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 his 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 and 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 Artwork being shown in the City. Images shall be delivered to the City's Cultural Arts Manager or his 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 Artwork 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 Artwork 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. DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 10 4. CITY Artwork Installation, Relocation and Deinstallation. City shall install and exhibit the Artwork. City reserves the right to make the final decision on which items will be included in the placement of the temporary public art Artwork, and the arrangement, relocation and deinstallation of the Artwork. 5. 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. 6. ARTIST ARTWORK CONCEPT DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A PSALCA-22110CA City Attorney Approved Version 6/12/18 11 7. PAYMENT SCHEDULE Action Fee/ Required Activities Final payment A payment of $5,000 due upon acceptance of oversized beach chair’s Artwork by Cultural Arts Manager or his designee and the chair is positioned at a specific City site by September 30, 2022, or a date that is mutually agreed upon by the City and Contractor. The contractor is responsible for the final sealant placed on the Artwork. The contractor is responsible for restoring and conserving Artwork twice annually for the next two years after the oversized beach chair is installed. The project's total cost is five thousand dollars ($5,000). All fees will be paid as specified above. All invoices shall be submitted to City’s Cultural Arts Manager Richard Schultz or his designee 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 her 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: 84887E4A-EA15-4923-A5DD-87A2EF936C4A WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 June 7, 2022 City of Carlsbad 1775 DOVE LN CARLSBAD CA 92011 Account Information: Policy Holder Details :STUDIO 2 Contact Us Need Help? Start a live chat online or call us at (866) 467-8730. We’re here weekdays from 8:00 AM to 8:00 PM ET. 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: 84887E4A-EA15-4923-A5DD-87A2EF936C4A THE~ HARTFORD D CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/07/2022 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 GIDDINGS CORBY HYNES INC/PHS 57128316 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 STUDIO 2 3745 HIGHLAND DR CARLSBAD CA 92008-2534 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 57 SBA VA3723 09/15/2021 09/15/2022 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: A AUTOMOBILE LIABILITY 57 SBA VA3723 09/15/2021 09/15/2022 COMBINED SINGLE LIMIT (Ea accident)$2,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X 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. See scheduled remarks below. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1775 DOVE LN CARLSBAD CA 92011 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: 84887E4A-EA15-4923-A5DD-87A2EF936C4A A, O RY I -~ □ - ~ □ □ ~ ~ - L--1--- L--1--- -7 I I I I l [ 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 GIDDINGS CORBY HYNES INC/PHS NAMED INSURED STUDIO 2 3745 HIGHLAND DR CARLSBAD CA 92008-2534 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 The City of Carlsbad, its officials, and employees, are an additional insured with respect to liability arising out of activities performed by or on behalf of the Named Insured. Notice of Cancellation will be provided in accordance with Form SS1223, attached to this policy. Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A .......----.. .ACC>Rd .........._._.. DocuSign Envelope ID: 84887E4A-EA15-4923-A5DD-87A2EF936C4A STATE COM~ENSATION INSURANCE FUND ISSUE DATE : 10-27-2021 CITY OF CARLSBAD 1775 DOVE LN CARLSBAD CA 92011-4048 CERTHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: POLICY NUMBER: 1889606-2021 CERTIFICATE ID: 17 CERTIFICATE EXPIRES: 10-27-2022 10-27 -2021/10-27-2022 SP This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~1le/ Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER JUNCAL, RONALD D DBA: STUDIO 2 3745 HIGHLAND DR CARLSBAD CA 92008 (REV.7-2014) SP PRINTED 09-16-2021 M0408 SP