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HomeMy WebLinkAboutPatt’s Guitar Repair and Instrument Conservation LLC DBA Patt Conservation; 2023-06-27; PSALCA-23108CAPSALCA-23108CA City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR CONSERVATION ASSESSMENT SERVICES FOR CITY’S PERMANENT PUBLIC ARTWORK INVENTORY PATT’S GUITAR REPAIR AND INSTRUMENT CONSERVATION LLC DBA PATT CONSERVATION THIS AGREEMENT is made and entered into as of the ____ day of ___________, 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Patt’s Guitar Repair and Instrument Conservation LLC DBA Patt Conservation, a California Limited liability company, ("Contractor") (collectively, the “Parties.”) RECITALS A. City requires the professional services of a conservation firm that is experienced in assessment of multi-media artwork and make conservation recommendations. B. Contractor has the necessary experience in providing professional services and advice related to multi-media artwork. 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" and Exhibit “B,” 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) 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 not to exceed thirty thousand dollars ($30,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand dollars ($30,000) per Agreement year. 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: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 June27th PSALCA-23108CA City Attorney Approved Version 4/24/2023 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 DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 3 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. 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 DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 4 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 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. 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 Elizabeth Patt Title Cultural Arts Manager Title Owner & Member Department Library & Cultural Arts Address 10536 Culver Blvd., Suite M City of Carlsbad Culver City, CA 90232 Address 1775 Dove Lane Phone No. 310-292-1006 Carlsbad, CA 92011 Email pattconservation@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. DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 5 16. 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 as required in the City of Carlsbad Conflict of Interest Code. Yes No 17. 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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. 20. 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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. DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 □ ■ PSALCA-23108CA City Attorney Approved Version 4/24/2023 6 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 7 26. 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 the City Manager PARIS PATT, Managing Member ATTEST: By: (sign here) For SHERRY FREISINGER ELIZABETH PATT, Managing Member City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 ~Putt PSALCA-23108CA City Attorney Approved Version 4/24/2023 8 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide research and consultation services related to the City’s permanent public art collection. Using a systematic approach, the Contractor will survey and assess the artwork condition of the City’s thirty-four (34) permanent public art collections. The last survey of the City’s permanent public art collection occurred in 2008. Contractor will review the previous survey findings, make recommendations and propose a restoration schedule and conservation care. 1. CONTACT INFORMATION CONTRACTOR • Elizabeth Patt, 310-292-1006, pattconservation@gmail.com, CITY • Cultural Arts Manager, Richard Schultz, 442-339-2086, richard.schultz@carlsbadca.gov • Community Arts 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. CONTRACTOR’S RESPONSIBILITIES Research and Surveying. These visits should occur over three (3) to nine (9) months at the start of the proposed schedule. All research and surveying timeframe shall be communicated in writing to the City’s Cultural Arts Manager or designee to be approved upon at least two (2) weeks prior to starting work. The City provided the Contractor with a list of up to thirty-four (34) works of public art (Exhibit “B”) on display within City limits. Contractor will be on-site to assess each work of art. Assessment consists of; visual examination, physical examination to assess security, materials and coatings, followed by photographic and written documentation. Contractor shall determine the data collection structure, subject to review and acceptance by the City’s Cultural Arts Manager or designee. The last collections survey of the City’s permanent public art collection occurred in 2008. Contractor will review those previous findings and propose a schedule for surveying artwork. When completed, the Contractor will prepare a summary of recommendations within a report for City to follow as a prioritized list in order of importance. It will include ratings as needed of high, medium, and low conservation care and give a corresponding timeframe for conservation work. The report must include a recommended maintenance program and cost estimates for the anticipated restoration work. Lastly, the report will include an appendix with the following: a blank condition report with a checklist and report damage section, a conservation log, and prepare general risk management that suggests a protocol for construction, vandalism, tree maintenance, disaster, etc. The on-site assessment process may take up to fourteen (14) days to complete. Upon inspection, if any public artwork is deemed unsafe or needs immediate attention, the Contractor will notify the Cultural Arts Manager or designee immediately in writing. The written description should include: immediate needs, details of conservation work required, cost estimate related to restorative work, and photo documentation. The final report and DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 9 supplementary materials will be compiled after research and survey have been completed within the following ninety (90) days. Travel, Meals, Accommodations and Equipment Rentals. Contractor will provide their own transportation and equipment when assessing the public artwork. Contractor will be responsible for all travel related expenses; including but not limited to; mileage, meals and hotel accommodations. Contractor will be responsible for reserving and paying for all equipment rental, as deemed necessary to complete the scope of work. 3. CITY’S RESPONSIBILITIES City will communicate out to the necessary departments to notify them of the work taking place prior to the start date. City will provide a staff person to support research and surveying, as needed. City will share out previous 2008 Collection Survey data to the Contractor. 4. PROPOSED SCHEDULE Date Activity Phase One: By December 1, 2023 1. Work with City’s Cultural Arts Manager or designee to coordinate the timing of the research and surveying. 2. Contractor to identify the research and surveying timeframe and send via email to the City’s Cultural Arts Manager or designee. 3. Upon approval of the timeframe, the Contractor may begin the on-site research and surveying of the City’s permanent public art collection. Phase Two: By April 30, 2024 1. Contractor will email final report (as outlined in the scope of services) City’s Cultural Arts Manager or designee. 2. City will review and accept report and supplemental materials, upon mutual agreement for the completed work. 3. Notify City’s Cultural Arts Manager or designee in writing via email once completed and share digital photos, at that time. *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 sixty (60) days in advance to the predetermined date listed above. DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 10 5. PROJECT PAYMENT SCHEDULE Project fees calculated based on the following information: • $1,400/day in the schedule for a conservator ($800/day) and technician ($600/day) for 10 days = NTE $14,000 • 8 nights of hotel accommodations for two = NTE $4,800 • Condition Report & Photo organization = $130/hour with average of 1.5 hours per sculpture = total cost NTE $8,000 • Misc. expenses as detailed in invoicing and agreed upon with City = NTE $3,200 Activity Payment Activity Description First payment A payment of $10,000 due upon the execution of the Agreement. Second payment A payment of $10,000 due upon last on-site visit to review, assess and make notations of the City’s public art collection. Final payment A payment of $10,000 due upon completion and acceptance of the final report and accompanying supplemental materials to be sent with via email to the City’s Cultural Arts Manager or designee. Total cost of project is not-to-exceed thirty thousand dollars ($30,000), as quoted by Contractor dated April 6, 2023 All fees will be paid as specified above. All invoices shall be submitted to City’s Cultural Arts Manager, Richard Schultz, or Public Art Coordinator, Tonya Rodzach, and be sufficiently detailed to include related activities and costs. City’s Library & Cultural Arts Director or designee will approve the final invoice. 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 first payment. DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 11 EXHIBIT “B” PUBLIC ART INVENTORY ARTIST WORK Benbow Bullock Marmalade Dragonflies Mary Carter Taub Sunny SoCal Alber de Matteis Mother Earth and Father Sky Alber de Matteis Coastal Rail Trail Jenna Didier Garden Folly TJ Dixon Contemplation TJ Dixon and James Nelson Carlsbad Golfers Richard Ellis Young Singer Kim Emerson Historical Flowers of Carlsbad Raul Guerrero Carlsbad Shore Protection Sea Wall Lloyd Hamrol Crown Lair Paul Hobson Leo Carrillo Entry Gate Paul Hobson Caballeros Gates Paul Hobson Swim and Dive Entry Panels and Mosaic Pool Towels James Hubbell Carlsbad Village Entrance James Hubbell Northwest Entrance Sculpture James Hubbell Bird of Paradise Medallion Christopher Lee Flowers and Flames Deloss McGraw Sculptures in the Carlsbad City Children's Library DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 PSALCA-23108CA City Attorney Approved Version 4/24/2023 12 ARTIST WORK Deloss McCraw Six Paintings Patrick J. McGowan Father & Child Michael McLaughlin Myriad and Manzanita, California Quail and Cone Anna O'Cain and Richard Keely Sports Cut-outs Anna O'Cain and Richard Keely Photo Collages on Metal in Rock Shapes Phillipp Rittermann Photo Mural Jan Sanchez Flying Shadows Italo Scanga Tree for Elijah Italo Scanga Untitled Betsy Schulz Firefighter Heritage Installation Boxes Roger Stoller Coastal Helix Studio 2 Skateboarder Michael Stutz Portrait Heads Sylvia Tidwell Spires Jim Wilsterman and Machi Uchida 10,000 Year Trail DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 05/30/2023 Kinney and Company 524 S. Rosemead Blvd. Pasadena CA 91107 Ivy Lee (800) 851-1158 (626) 799-7051 Patt's Guitar Repair & Instrument Conversation LLC 10536 CULVER BLVD STE M CULVER CITY CA 90232 Continental Casualty Company 20443 Employers Preferred Insurance Company CL2151210146 A Y Y 7012756819 05/01/2023 05/01/2024 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 B Y EIG493088901 01/25/2023 01/25/2024 1,000,000 1,000,000 1,000,000 *10 days written notice of cancellation shall be given for non-payment of premium. * Certificate holder is named as Additional Insured under the General Liability of the Named Insured. City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 ACORD® I ~ I X I [8] - - ~ □ □ - -- -- -- -H I I XI I I □ I ~ DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 CNA Connect Endorsement Summary Producer: Account#: Policy#: Policy Term: In Force Policy Premium: KINNEY & COMPANY INS AGENCY 3038673741 7012756819 05/01 /2023 -05/01/2024 ~ View Differences Only Producer Code: 070561 Named Insured: PATT'S GUITAR REPAIR & INSTRUMENT CONVERSATION LLC Endorsement#: J2305310172 Endorsement Effective Date: 05/31/2023 Endorsement Premium: $0 In Force Policy Endorsement Option 00 Property Policy Level Coverages Business Income: Months Loss Sustained: Additional Interests Additional Interest 2 Type: Location: Legal Entity: Name: Name 2: Address: Address 2: City: State: Zip: Loan Number: Property Description: 12 Architects, Engineers or Surveyors Location 1 :CARLSBAD, CA Government Entity City of Carlsbad 1635 Faraday Avenue CARLSBAD CA 92008 This is for informational purposes only. It does not represent an offer of coverage. This potential insured is subject to additional requirements that may affect the insurability of the account or the esti!Tlated premiums. Only a policy can provide the actual coverages, conditions, exclusions, premiums, and deductibles. DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 Get your digital proof of insurance & membership card on the AAA App }}}Download the app. Click AAA.com/app75 Electronic proof of insurance may nof be valid as proof in all states. Please keep your hard copy version on hand. Must be a crnrent AAA member and insured through AAA to use this feature. Available for iPhone® and smartphones for Android™. Message, data and rooming rates may apply. : --------------------PRooF-oF1N-suRANcE ________________ vEH1cLEsoNP0Licv ______________________________________ : I I : lnterinsurance Exchange of the Automobile Club YEAR MAKE VEH 1.0. # : : NAIC #: 15598 2005 TYTA RAV4 JTEGD20V350059685 : I I : 2022 SUBA ASCENT W/EYESGHT 4S4WMARD2N3423108 : : Named Insured Policy Number: CAA076372879 : I I : ELIZABETH AND PARIS PATT : I W I I (l'. I I W I : I : : g DRIVERS ON POLICY : I Q I : LL PATT, ELIZABETH G : : Effective Date: 10/19/2022 Expiration Date: 10/19/2023 PATT, PARIS GULBRO : I I I I : This policy provides at least the minimum amounts of liability insurance : : required by the CA VEH CODE SECTION 16056 for the specified vehicles : : and named insureds. Coverage subject to policy terms and limits. : I _______ _______ _______ ______ I r -, IF YOU HAVE AN ACCIDENT CALL OUR 24/7 AAA CLAIMS HOTLINE 1-800-672-5246 After an accident, exchange information with the other party and follow these 5 easy steps: Step 1: Pull vehicle over to a safe place. Get the names, addresses, and phone numbers of all persons involved in the accident, e.g., pedestrians, witnesses, other passengers, etc. Step 4: Take photos of the vehicles involved, damages and surrounding area of the accident, if it is safe to do so. I I w 0:: w I 0 --' Step 5: Call our AAA Claims Hotline at 800-672-5246 to report the loss. If necessary, we will arrange to have your vehicle towed. Our provider's tow trucks always display the AAA emblem. : Step 2: Take photos of or write down the other person's driver's : license information and other vehicle's license plate number, ! including state of registration. I I : Step 3: Take photos of or write down the other person's insurance : card information. 0 LL Do not admit responsibility for or discuss the circumstances of the accident with anyone other than the police or an authorized Auto Club claims representative. Do not disclose your policy limits to anyone. I I I I For questions or changes to your policy, call 1-877-422-2100, Monday through Friday from 7 a.m. to 9 p.m. or Saturday from 8 a.m. to 5 p.m. --------------------------------------------------------------------------------------------------------------------Place a Proof of Insurance card in each vehicle insured under your policy. In addition, we suggest that each listed driver carry a card . Under California law, drivers and owners of a motor vehicle must be able to show proof of financial responsibility at all times. These cards become invalid and should be destroyed on the expiration or termination date of the policy. Call our AAA Claims Hotline at 1-800-672-5246 r-------------------------------------------------------------------------------------------------------------------, I I I I PROOF OF INSURANCE VEHICLES ON POLICY lnterinsurance Exchange of the Automobile Club NAIC #: 15598 Named Insured Policy Number: CAA076372879 ELIZABETH AND PARIS PATT Effective Date: 10/19/2022 Expiration Date: 10/19/2023 This policy provides at least the minimum amounts of liability insurance required by the CA VEH CODE SECTION 16056 for the specified vehicles and named insureds. Coverage subject to policy terms and limits. w 0:: w I YEAR MAKE 2005 TYTA RAV4 2022 SUBA ASCENT W/EYESGHT g DRIVERS ON POLICY f2 PATT, ELIZABETH G PATT, PARIS GULBRO VEH I.D. # JTEGD20V350059685 4S4WMARD2N3423108 ,--------------------------------------------------------------------------------------------------------------------------------------------1 IF YOU HAVE AN ACCIDENT CALL OUR 24/7 AAA CLAIMS HOTLINE 1-800-672-5246 : I I After an accident, exchange information with the other party and follow these 5 easy steps: Step 1: Pull vehicle over to a safe place. Get the names, addresses, and phone numbers of all persons involved in the accident, e.g., pedestrians, witnesses, other passengers, etc. : Step 2: Take photos of or write down the other person's driver's ! license information and other vehicle's license plate number, : including state of registration. I I : Step 3: Take photos of or write down the other person's insurance : card information. w 0:: w I 0 --' 0 LL Step 4: Take photos of the vehicles involved, damages and surrounding area of the accident, if it is safe to do so. Step 5: Call our AAA Claims Hotline at 800-672-5246 to report the loss. If necessary, we will arrange to have your vehicle towed. Our provider's tow trucks always display the AAA emblem. Do not admit responsibility for or discuss the circumstances of the accident with anyone other than the police or an authorized Auto Club claims representative. Do not disclose your policy limits to anyone. I I I For questions or changes to your policy, call 1-877-422-2100, Monday through Friday from 7 a.m. to 9 p.m. or Saturday from 8 a.m. to 5 p.m. I I I I I I I I I I I I I I ---------------------------------------------------------------------------------------------------------------------LWebPOI.CAA E20210111 060723 8165 (2/21) 6/12/23, 9:21 PM AAA | Policy View https://app.ace.aaa.com/insurance/policyview/vehicledetails 1/2 Home > My account > Auto policy > Vehicle coverages & details Vehicle coverages & details Select a vehicle to view more details 2005 Toyota Rav4 VIN: JTEGD20V350059685 Premium: Coverages Details Bodily injury liability Covers costs associated with injuries to others if you cause a car accident. $25,000.00 per person $50,000.00 per occurrence Property damage Covers costs associated with damages to someone else's property. $25,000.00 each occurrence Comprehensive deductible Covers repairs to your vehicle if it's damaged by something other than a collision. $500.00 Collision deductible Covers repairs to your vehicle if it's damaged in an accident. Add/replace vehicle Remove vehicle only 2005 Toyota Rav4 VIN: JTEGD20V350059685 2022 Subaru Ascent W/Eyesght VIN: 4S4WMARD2N3423108 Change Learn more Learn more Learn more Learn more DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 -) (-_ -_)(_ I l a:_ ____ D - 6/12/23, 9:21 PM AAA | Policy View https://app.ace.aaa.com/insurance/policyview/vehicledetails 2/2 $500.00 Rental reimbursement Provides reimbursement for car rental expenses when the insured vehicle is undrivable or being repaired due to a covered loss. $35.00 per day/max Uninsured/underinsured motorist(s) bodily injury Covers costs associated with bodily injury if an uninsured or underinsured driver causes a car accident. $25,000.00 per person $50,000.00 per occurrence Uninsured deductible waiver Waives the collision deductible when damages are caused by an uninsured motorist. Yes Vehicle details Garage ZIP code 90232 Annual miles 4,501 - 5,500 miles Loan/lease company None Learn more Add DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 - EJ 6/12/23, 9:20 PM AAA | Policy View https://app.ace.aaa.com/insurance/policyview/vehicledetails 1/2 Home > My account > Auto policy > Vehicle coverages & details Vehicle coverages & details Select a vehicle to view more details 2022 Subaru Ascent W/Eyesght VIN: 4S4WMARD2N3423108 Premium: Coverages Details Bodily injury liability Covers costs associated with injuries to others if you cause a car accident. $25,000.00 per person $50,000.00 per occurrence Property damage Covers costs associated with damages to someone else's property. $25,000.00 each occurrence Comprehensive deductible Covers repairs to your vehicle if it's damaged by something other than a collision. $1,000.00 Collision deductible Covers repairs to your vehicle if it's damaged in an accident. Add/replace vehicle Remove vehicle only 2005 Toyota Rav4 VIN: JTEGD20V350059685 2022 Subaru Ascent W/Eyesght VIN: 4S4WMARD2N3423108 Change Learn more Learn more Learn more Learn more DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 -) (-_ -_)(_ a:_ ____ D - 6/12/23, 9:20 PM AAA | Policy View https://app.ace.aaa.com/insurance/policyview/vehicledetails 2/2 $1,000.00 Rental reimbursement Provides reimbursement for car rental expenses when the insured vehicle is undrivable or being repaired due to a covered loss. $35.00 per day/max Uninsured/underinsured motorist(s) bodily injury Covers costs associated with bodily injury if an uninsured or underinsured driver causes a car accident. $25,000.00 per person $50,000.00 per occurrence Uninsured deductible waiver Waives the collision deductible when damages are caused by an uninsured motorist. Yes Vehicle details Garage ZIP code 90232 Annual miles 2,501 - 3,500 miles Loan/lease company None Learn more Add DocuSign Envelope ID: E441C245-B3A8-4DBC-91CC-BDCAA36D9CE0 - EJ