HomeMy WebLinkAboutCoffey, Nan DBA The Art of Nan Coffey; 2023-08-03; PSALCA-23107CAPSALCA-23107CA
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AGREEMENT FOR CUSTOM ARTWORK FOR OVERSIZED BEACH CHAIR AND OUTREACH EVENT SERVICES NAN COFFEY DBA THE ART OF NAN COFFEY 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 Nan Coffey DBA The Art of Nan Coffey, a sole proprietor, ("Contractor") (collectively, the “Parties.”)
RECITALS
A. City requires the professional services of an artist to create art, “Artwork” on one oversized beach chair, as well as attend outreach “Meet the Artist” events at off-site city location. B. Contractor has the necessary experience in providing professional services and
advice related to Artwork experience and qualifications. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions.
2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise.
3. TERM The term of this Agreement will be effective for a period of eighteen (18) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) year 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 fourteen thousand dollars ($14,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted
the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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.
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Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will
not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election,
City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the
terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which
may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of
California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least
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“A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement.
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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 arising from the Services contained in this Agreement related to the custom Artwork created on the surface of the oversized beach chair will be vested in City. Contractor relinquishes all claims to the copyrights arising from the custom Artwork created for this Agreement in favor of City. 15. REPRODUCTION RIGHTS, PUBLICITY AND PHOTOGRAPHY
Except as limited by this Agreement, Contractor retains any or all copyright, licensing, and/or ownership rights to the Artwork 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 Artwork 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 Artwork.
16. HEALTH & SAFETY During the COVID-19 health-related pandemic, all activities occurring at City facilities and
the Chair(s) Recipient’s site, all parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Contractor what the current guidelines are prior to their arrival and entering any City facility. Safety
protocols may include, but are not limited to, hand washing, temperature testing, requiring face covering, maintaining physical distancing of six (6) feet. The safety protocols may be modified at any time due to changing rules, regulations or circumstances.
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17. OWNERSHIP OF THE ARTWORK Title to the completed Artwork immediately vests in the City upon completion, along with
all rights of ownership, possession and control. Prior to completion of the Artwork, City shall have the right, at its option, to claim ownership, possession and control of the uncompleted portions of the Artwork which are on site.
18. OWNERSHIP OF DOCUMENTS REPRODUCTION RIGHTS All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will
have the right to make one (1) copy of the work product for Contractor’s records. Subject to the rights granted herein, Contractor retains all rights under the Copyright Act of 1976 (17 U.S.C. §101 et. seq.), as amended from time to time. The Contractor hereby grants
the City, royalty free and irrevocable license to make, or cause to be made, photographs and other two-dimensional reproductions of the Artwork 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 Artwork nor make a full-scale exact duplicate of the Artwork nor alter Artwork by selecting portions without Contractor’s consent. The City shall include the Contractor’s
copyright notice on any reproductions and the Contractor shall include the following words on any reproduction: "An original work commissioned by the City of Carlsbad, California." 19. WARRANTIES 19.1. Warranty of Title. The Contractor represents and warrants that: (a) The Artwork is solely the result of the artistic effort of the Contractor. (b) The Artwork 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 Artwork or a duplicate of the Artwork has not been sold elsewhere. 19.2. Warranty of Quality and Condition. The Contractor represents and warrants that: (a) The execution and fabrication of the Artwork will be performed in a workmanlike manner. (b) The Artwork, 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 Artwork.
19.3. Reasonable maintenance of the Artwork 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 Artwork. 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 Artwork.)
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20. REPAIRS The City will have the right to determine when and if repairs and restorations to the Artwork
shall be made. 21. WAIVER OF RIGHTS
The Contractor and City acknowledge that the Contractor may have certain rights under the Federal Visual Artists Rights Act of 1990 ("VARA" 17 U.S.C. § 106A, et seq.). The Contractor acknowledges and understands that if fabrication is performed, the subsequent
installation of the Artwork at the site may subject the Artwork 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 Artwork. Any contracts or written agreements between the Contractor and his/her subcontractors or other artists contributing to the Artwork shall include a waiver of the Contractor’s rights under this Agreement. The Contractor agrees to waive the rights under VARA to prevent the destruction, distortion, mutilation, or other modification of the Artwork.
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 Artwork constitutes a public safety hazard, the City has the right to remove the element posing the public safety hazard.
The Contractor, his or her agents, heirs, successors and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action under these Acts. 22. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor
Name Richard Schultz Name Nan Coffey
Title Cultural Arts Manager Title Artist/Owner
Department Library & Cultural Arts Address 938 Camino De La Reina #78 City of Carlsbad San Diego, CA 92108
Address 1775 Dove Lane Phone No. 619-758-5509
Carlsbad, CA 92011 Email nan@nanwashere.com
Phone No. 442-339-2086
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Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 23. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall
report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes No
24. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 25. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 26. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by
agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the
disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 27. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice
to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product
delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement.
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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. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this
Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 28. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this
Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 29. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not
in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or
in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 30. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 31. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor
any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 32. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire
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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. 33. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
NAN COFFEY, Artist/Owner SUZANNE SMITHSON Library & Cultural Arts Director As authorized by the City Manager
ATTEST:
For SHERRY FREISINGER
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
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EXHIBIT “A” SCOPE OF SERVICES City is requesting Contractor to provide custom Artwork on the surface of one 4’d x 4’w x 6’h oversized beach chair as part of the temporary public art program. Contractor will participate in
two (2) community outreach events over two (2) separate days focused on heightening the awareness of the City’s temporary public art program and providing a greater awareness of local and regional artists.
1. CONTACT INFORMATION Artist:
Nan Coffey, 619-758-5509, nan@nanwashere.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. BACKGROUND
Contractor shall determine the artistic expression and design of the Artwork, subject to review and acceptance by the City’s Cultural Arts Manager or designee. The 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, painting, and sealing of the chair. City will provide the oversized beach chair to the Contractor for preparation, painting, and sealing.
The pick-up date/time of the chair is to be determined and negotiated in writing with the City’s Cultural Arts Manager or designee. In coordination with the Chair Recipient at a location within the City of Carlsbad, the City will provide a space for the Contractor and staff to conduct related community events. The City reserves the exclusive right to determine where the oversized beach chair will be installed for public display. The Artist will include two community outreach events over two separate days totaling at least ten (10) hours of interaction with the Contractor and staff. The community outreach events are focused on heightening the awareness of the City’s temporary public art program, providing a greater awareness of local and regional artists, and elevating the visibility of the arts in Carlsbad, which directly correlates to the City’s Arts & Culture Master Plan.
3. ARTWORK: OVERSIZED BEACH CHAIRS TASK, DESIGN
• Transportation. Coordinated with Contractor the City will pick up/deliver the chair to and from Contractor’s artist studio in San Diego County and coordinate with the Contractor for delivery to the final installation location.
• Oversized Beach Chair Rendition. For reference only
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• Chair Artwork Requirements. Prepare the oversized beach chair surface in anticipation of Artwork. Design and paint the entire front and back 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 must be considered best suited for sealing and protecting the Artwork, and 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 chair has been accepted by the City, the Contractor will perform one maintenance visit to verify wear and tear of the oversized beach chair. This visit should occur three to nine months post installation. All findings shall be communicated in writing to the City’s Cultural Arts Manager or designee. 4. MEET THE ARTIST COMMUNITY OUTREACH EVENTS Artist Meet the Artist Community Outreach Events consists of two (2) event sessions scheduled
to take place over two separate days totaling up to 10 hours (five (5) hours per event) for interaction for visitors with the Contractor and staff. Meet the Artist Events. The Meet the Artist “Community Outreach Events” will provide on-site
visitors with a more casual and social interaction with the Contractor, staff and provide visitors with a hands-on activity provided in support by City staff.
In preparation for the Meet the Artist events, the Contractor will visit the chair’s selected site to discuss suggested content. The Contractor will incorporate Carlsbad-inspired imagery and phrases based on the research that is conducted. As part of this interactive Meet the Artist events, the Contractor will attribute a minimum of 20-hours to create illustrations for designed postcard. These images will be printed on a designed postcard and will be used at these two events for the hands-on element and provide information as a take-aways about the artist, artwork and the City’s temporary public art program. All Artwork completed will be accepted by the City and shared with the City’s Communication & Engagement Department to develop the final layout of the content and postcard. Meet the Artist Supplies. City will provide materials and supplies needed for Meet the Artist events.
Materials include, but not limited to:
• Designed and printed postcards
• Art supplies: to be determined
• Canopies
• Tables & chairs
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Contractor will be responsible for all materials to complete the Artwork on the oversized beach chair. Materials include, but not limited to:
• Original Illustration for postcard
• Specific materials for the onsite Meet the Artist events
The City will provide a staff person to support Contractor during these Meet the Artist events over two separate events attributing at least 10 hours total. The Contractor will meet with City or designee at least four (4) hours for the discussion planning period, as needed. The City will coordinate Meet the Artist set-up with City or designee. *MEET THE ARTIST COMMUNITY OUTREACH EVENTS PROPOSED SCHEDULE Date Activity Phase One: August, 2023 1. Work with City’s Cultural Arts Manager or designee to coordinate the timing of the delivery of the oversized beach
chair to the Contractor’s studio. 2. Contractor to begin the development of the illustrations for the postcards.
3. Contractor to share illustrations via email to the City’s Cultural Arts Manager or designee. 4. Finalize illustrations to be used for the postcard.
5. Send final digital versions of the illustrations via email to the City’s Cultural Arts Manager or designee. Phase Two: October, 2023 1. Coordinate with the City to identify timeframe of the two days for the community outreach for the “Meet the Artist” events.
2. Email identified session dates to the City’s Cultural Arts Manager or designee. 3. Finalize Artwork on the oversized beach chair.
4. Place final sealant on chair. 5. Take multiple photographs of the completed oversized beach chair, including some up-close details. 6. Notify City’s Cultural Arts Manager or designee in writing via email once completed and share digital photos, at that time. Phase Three: November, 2023 to May,
2024
1. Notify City’s Cultural Arts Manager or designee in writing via email when the chair is ready for mid-to late-November 2023.
2. Coordinate with City on pick-up by or earlier than late-November and early-December 2023. 3. By late-November 2023, City to review completion of Artwork.
4. Between February to May, 2024, Conduct “Meet the Artist” events on two separate identified dates at pre-determined site within the City of Carlsbad’s city boundary.
5. Finalize Artwork on one oversized beach chair.
*Timelines to be mutually-agreed upon all parties involved. Any changes in dates can be authorized by and with notification to the City’s Cultural Arts Manager or designee in writing via email at least 60-days in advance to the predetermined date
listed above. 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
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PSALCA-23107CA
City Attorney Approved Version 4/24/2023 13
be coordinated in advance with the City's Cultural Arts Manager or designee and shall constitute “work made for hire” under the United States Copyright Act of 1976 [17 U.S.C. §§ 101, et seq.] and any other applicable law. City reserves the right to audio and/or video record and to reproduce and distribute any lecture, reading or speaking engagement, and musical concert or musical performance performed under this Agreement as virtual programming. City may retain the recording in its files, may replay the
recordings for its employees and the public, including the right to post, replay, or broadcast the recordings on the City’s YouTube channel, the City’s cable channel, the City’s Library Facebook Live account, and other similar City internet-based platforms, and may make the recording
available for non-circulation use at its library facilities. City shall not sell the recording. City shall provide a copy of the recording to the Contractor, upon the Contractor’s request.
Press Kit Upon execution of Agreement, the Contractor agrees to provide a high-resolution image of self (headshot preferred) and written biography (up to 300 words) as well as four (4) to five (5) high-
resolution images of Artwork being shown in the City. Images shall be delivered to the City's Cultural Arts Manager or designee in electronic form immediately upon the Agreement's execution.
Warranty of Title Contractor warrants the authorized agent of the lawful owner or artist of the 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(s) is not now or will be subjected to claims of ownership,
lien, encumbrance, copyright infringement, or trademark infringement under any state or federal law. Contractor shall indemnify the City, its officers, and employees for all damages related to a claim asserting a violation or claim of violation of this Warranty of Title, including reasonable
attorney fees and costs. CITY
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. //
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PSALCA-23107CA
City Attorney Approved Version 4/24/2023 14
5. PROJECT PAYMENT SCHEDULE Payment Schedule Activity
First payment A payment of $4,000 due upon the execution of the Agreement.
Second payment
A payment of $4,000 due upon delivery and acceptance of oversized beach chair Artwork by Cultural Arts Manager or designee and the chair positioned at Recipient’s site. Artist responsible for the final sealant placed on Artwork.
Third payment
A payment of $6,000 due upon receipt of illustrations for the postcards. Final illustrations to be sent with via email to the City’s Cultural Arts Manager or designee and completion and acceptance of the two “Meet the Artist” events.
SUMMARIZED COSTS Artwork, Oversized Chair Meet the Artist events
Artwork on one (1) chair $8,000 Illustrations (20 hours @ $100/hour) $2,000 Meet the Artist events Site Visit and research $1,250 $750
Day of events merchandise $2,000 Artwork Total $8,000 Guest Residency Total $6,000 Total cost of project amount shall not exceed fourteen thousand dollars ($14,000.) All fees will be paid as specified above. All invoices shall be submitted to City’s Cultural Arts
Manager Richard Schultz or Public Arts Coordinator Tonya Rodzach and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City’s Library & Cultural Arts Director or designee. If, at the expiration or termination of the agreement, if Contractor has not completed any portion of the tasks, Contractor shall refund the remaining portion of the deposit.
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Agreement/Amendment/Ratification Cover Sheet Page | 2
Agreement Requirements (check all items received)
☒ Proper Signature(s) ☒ Certificates of Insurance – GL: $61,200
exp 8-21-23; auto: exp 9/1/23
☐ Endorsements to Policy
☐ Notarization (if applicable) ☒ Exhibits (if applicable) ☐ Justification-over $40,000
☒ Business License exp 4/30/24 ☐ Corporate Resolution ☐ Bonds
☐ Orig. Agreement & previous
amendments
☐ Agreement Summary Sheet (if
applicable)
☐ Vendor EFT Form
☐ Other
PO Information: Agreement Number: PSALCA-23102-CA Purchase Requisition No. RClick here to enter
text.
Purchase Order No. associated with original agreement, ext and/or amendments: P Click here to enter text.
EXECUTIVE SUMMARY:
Professional Agreement >$10K - PSALCA-23107CA - Custom Artwork for an Oversized Beach
Chair & Two Meet the Artist Events
One-year term; NTE $14,000
Funding:
o Temporary Public Art Funding - FY 2022-23, 001-4063-7490, $8,000
o Artist Guest Residency - FY 2022-23, 001-4065-7550, $6,000
Agreement/Contract Title: Agreement for Custom Artwork for Oversized Beach Chair and Outreach Event Services –
Nan Coffey DBA The Art of Nan Coffey
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DECLARATIONS
We will provide the insurance described in this policy
in return for the premium and compliance with all
applicable provisions of this policy.
Coverage afforded by this policy is provided by:
State Farm General Insurance Company
PO BOX 853907
Richardson TX 75085-3907
A Stock Company with Home Offices in Bloomington,
Illinois.
77-CU-S130-8 Policy Number
Prepared: 06-26-2023
559-916.5
1354Agent's Code:
APPLICANT COPY
1000007 2020 127534 219 04-23-2021
Named Insured and Mailing Address
Joslin, Josh & Coffey, Nan
938 Camino DE LA Reina Unit 78
San Diego,CA 92108-3241
The Policy Period begins and ends at 12:01 a.m.
Standard Time at the residence premises.
08/21/2022 Effective Date
12 months - Policy Period
08/21/2023 Expiration of Policy Period
Limit of Liability - Section 1
$61,200 Personal Property
Limit of Liability - Section 2
$100,000 Personal Liability
$1,000 Medical Payments to Others
Policy Type Renters
Location of Premises
938 Camino DE LA Reina Unit 78
San Diego,CA 92108-3241
Automatic Renewal - If the Policy Period is shown as
12 months, this policy will be renewed automatically
subject to the premiums, rules and forms in effect each
succeeding policy period. If this policy is terminated, we
will give you and the Mortgagee/Lienholder written
notice in compliance with the policy provisions or as
required by law.
Deductibles - $500Section I
ALL LOSSES In case of loss under this policy, the deductible will be applied per occurrence and will be deducted from the amount of the loss.
Policy Premium $
Forms, Options, & Endorsements
State of Emergency Amendatory
Mortgagee & Addl. Interests Agent Name & Address
Luis Quintero
4837 Voltaire StSan Diego,CA 92107-2107
(619) 677-5896
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CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
Nan Coffey h Owner I, ______________ _, amt e _______________ _
[insert name]
of the Art of Nan Coffey
[ name of company]
[title]
h b 'fy h The Art of Nan Coffey I ere y certi t at __________ _
[ name of company]
has no employees and is not required by law to maintain workers' compensation or employers'
liability insurance. Should _T_h_e_A_rt_o_f_N_a_n_c_o_ff_e_Y _________ employ any person
[ name of company]
. . . the term of the Agreement for durmg the term of the Agreement with the City of Carlsbad for ___________ _
Custom Artworks for Oversize Beach Chair and Outreach Services
[ description of project or work that is being contracted]
then workers' compensation and employers' liability insurance will be obtained.
Nan e:19, 202317:02 POT)
[Name]
Owner, The Art of Nan Coffey
[Title and name of company or corporation]
Policy Number: 213 2381-C01-55D
Prepared January 6, 2023
Page number 1 of 4
1004583 143562 202 01-15-2018
AT2
State Farm Mutual Automobile Insurance Company
PO Box 2358 Bloomington IL 61702-2358
A-1354 A
JOSLIN, JOSH
938 CAMINO DE LA REINA UNIT 78
SAN DIEGO CA 92108-3241
AUTO RENEWAL
PREMIUM PAID:
DO NOT PAY.
Your premium is billed through the State Farm Payment Plan
State Farm Payment Plan Number: 1060312712
Your State Farm Agent
LUIS QUINTERO
Office: 619-677-5896
Add ress: 4837 VOLTAIRE ST
SAN DIEGO, CA 92107-2107
If you have a new or different car, have added any drivers, or have moved,
please contact your agent.
Thank you for choosing State Farm.
Policy Number: 213 2381-C01-55D
Policy Period: March 1, 2023 to September 1, 2023
Vehicle:
2020 MAZDA CX-5
Principal Driver:
JOSH JOSLIN
When you provide a check as payment, you authorize us
either to use information from your check to make a
one-time electronic fund transfer from your account or to
process the payment as a check transaction. When we use
information from your check to make an electronic fund
transfer, funds may be withdrawn from your account as soon
as the same day we receive your payment, and you will not
receive your check back from your financial institution.
TP-OB
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Nan Coffey does not have a drivers license.
Her partner, Josh Joslin providers her transportation.
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A State Farm ®
-
Policy Number: 213 2381-C01-55D
Prepared January 6, 2023
Page number 2 of 4
VEHICLE INFORMATION
Review your policy information carefully. If anything is incorrect, or if there are any changes to your vehicle information, please
let us know right away.
Vehicle Description
Vehicle Identification
Number (VIN)Who principally drives this vehicle? How is this vehicle normally used?
2020 MAZDA CX-5 JM3KFACM5L0837396 JOSH JOSLIN, a married individual, who
will have 28 years of driving experience as
of March 01, 2023.
To Work, School or Pleasure.
The premium on the expiring policy term was based on
11,900 miles per year.
The premium on the renewal policy term was based on
11,900 miles per year.
The premium for this renewal was determined using an
annual mileage this vehicle is expected to be driven that
was developed from information we obtained or was
provided by you. The national average is more than 12,000
miles driven annually according to the U.S. Department of
Transportation. Please contact us if you expect your annual
mileage to change over the next year.
Premium Adjustment
Each year, we review our medical payments and personal
injury protection coverages claim experience to determine
the vehicle safety discount that is applied to each make and
model. In addition, we review the comprehensive, collision,
bodily injury and property damage claim experience
annually to determine which makes and models have
earned decreases or increases from State Farm's standard
rates. If any changes result from our reviews, adjustments
are reflected in the rates shown on this renewal notice.
DRIVER INFORMATION
Assigned Driver(s)
The following driver(s) are assigned to the vehicle(s) on this policy.
Name Driving Experience as of
March 01, 2023
Marital
Status
JOSH JOSLIN 28 years Married
Principal Driver & Assigned Drivers
For each automobile, the Principal Driver is the individual
who most frequently drives it.
Each driver is designated as an Assigned Driver on the
household automobile that they most frequently drive. Your
premium may be influenced by the information shown for
these drivers.
COVERAGE AND LIMITS See your policy for an explanation of these coverages.
A Liability
Bodily Injury 100,000/300,000
Property Damage 50,000
D 250 Deductible Comprehensive
G 250 Deductible Collision
H Emergency Road Service
R1 Car Rental & Travel Expense
$25 Per Day, $600 Max
U Uninsured Motor Vehicle
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AStateFarm·
Policy Number: 213 2381-C01-55D
Prepared January 6, 2023
Page number 3 of 4
COVERAGE AND LIMITS continued
Bodily Injury 100,000/300,000
U1 Uninsured Motor Vehicle
Property Damage
Total Premium
If any coverage you carry is changed to give broader
protection with no additional premium charge, we will give
you the broader protection without issuing a new policy,
starting on the date we adopt the broader protection.
DISCOUNTS These adjustments have already been applied to your premium.
Multiple Line P
Driving Safety Record P
California Good Driver P
Loyalty P
Total Discounts
SURCHARGES AND DISCOUNTS
Driving Safety Record Rating Plan
Your driving safety record, along with other rating factors,
determines what you pay for Liability, Medical Payments,
Comprehensive, Collision, and Uninsured Motor Vehicle
Coverages. Policyholders with no accidents and convictions
pay less than those with accidents and convictions.
The Driving Safety Record Rate Level that is assigned to
your policy moves up, down, or stays the same every policy
renewal, depending upon your driving record. For every 12
months since the renewal following the occurrence of a
chargeable accident or the conviction of a minor violation,
the initial assigned Driver Record Level for that chargeable
accident or conviction shall be lowered by 1 level. For each
12 month period since the conviction of a major violation,
the initial assigned Driver Record Level for that conviction
shall be lowered by 2 levels. The Rate Level is increased if
there are subsequent chargeable accidents or convictions.
Definition of Chargeable Accidents
Chargeable accidents for new business are those which
resulted in bodily injury or death or in payment(s) by an
insurer due to damage to any property in the amount of
more than $1000. For accidents occurring prior to
December 11, 2011, an accident shall be chargeable
provided it resulted in death or in payment(s) by an insurer
due to damage to any property in the amount of more than
$750.
For applicants without prior insurance at the time of the
accident, an accident shall be chargeable provided it
resulted in damage to any property in the amount of more
than $1000 (more than $750 if the accident occurred prior to
December 11, 2011).
Chargeable accidents for renewal business are those which
resulted in bodily injury or death or State Farm claim
payments totaling more than $1000 (more than $750 for
accidents occurring prior to December 11, 2011) under
property damage liability coverage and collision coverage
combined.
For more information about the rating plan, please contact
your State Farm agent.
Superior Driver Rate Level
ADDITIONAL INFORMATION
IMPORTANT NOTICE For your protection California law requires the
following to appear with this policy: Any person who
(continued on next page)
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A State Farm ®
Policy Number: 213 2381-C01-55D
Prepared January 6, 2023
Page number 4 of 4
ADDITIONAL INFORMATION continued
knowingly presents false or fraudulent information to
obtain or amend insurance coverage or to make a claim
for the payment of a loss is guilty of a crime and may be
subject to fines and confinement in state prison.
If any information on this renewal notice is incomplete or
inaccurate, or if you want to confirm the information we have
in our records, please contact your agent. For additional
information regarding discounts or coverages, see your
State Farm agent or visit statefarm.com®.
Important Notice Regarding Your Premium
State Farm works hard to offer you the best combination of price, service, and protection. The amount you pay for automobile
insurance is determined by many factors including:
•The coverage you have
•Where you live
•The kind of car you drive
•How the car is used
•Who drives the car
Any premium adjustment is reflected on this Auto Renewal. If you have any questions, please contact your agent.
Buying a new car? Remember to contact your agent!
When you buy an additional car or one that replaces a car already on your policy, you need to report the change to your agent
promptly. Even though the dealership you purchased the car from may offer to notify your agent or insurance company, you, as
the named insured, are responsible for reporting all changes to your auto policy. By contacting your agent, you can help:
•avoid any complications or lack of coverage in the event of an accident or loss,
•avoid insurance verification problems with a lienholder, the police, or the department of motor vehicles, and
•ensure that you receive any new discounts you may be entitled to.
Your current State Farm policy automatically provides certain coverages for a new or replacement car for up to a specified, limited
number of days after you take possession of the car. Please refer to your policy for the number of days that applies in your state.
If you have any questions about coverage for a newly acquired car, please contact your State Farm agent.
Disclaimer: This message is provided for informational purposes only and does not grant any insurance coverage. The terms and
conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any
applicable endorsements.
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AStateFarm·