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HomeMy WebLinkAboutJohn Travis Hale DBA Travis Hale; 2026-01-06; PSALCA-26005LIBPSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 1 AGREEMENT FOR FINANCIAL EDUCATION WORKSHOP SERVICES JOHN TRAVIS HALE DBA TRAVIS HALE THIS AGREEMENT (“Agreement”) is made and entered into as of the ___ day of __________, ____, by and between the City of Carlsbad, California, a municipal corporation ("City") and John Travis Hale DBA Travis Hale, a sole proprietorship, ("Contractor”) (collectively, the “Parties”.) RECITALS City requires the professional services of a consultant that is experienced in creating and providing financial education workshop designed to empower community members with essential personal finance and retirement planning knowledge. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year(s) from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed four thousand dollars ($4,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed 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 in this Agreement caused by any willful misconduct or negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC 2026January6th PSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 2 If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program 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. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to City. The full limits available to the named insured shall also be available and applicable to City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. /// /// /// /// /// /// /// Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC PSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 3 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Sheila Crosby Name John Travis Hale Title Deputy Library Director Title Project Manager / Owner Department Library & Cultural Arts Address 4664 Marlborough Drive City of Carlsbad San Diego, CA 92116-4711 Address 1775 Dove Lane Phone No. 760-445-8948 Carlsbad, CA 92011 Email John.Travis.Hale@gmail.com Phone No. 442-339-5520 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC PSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 4 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, California Government Code Sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 16. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 17. 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. This Agreement may be executed in counterparts. /// /// /// /// Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC PSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 5 18. 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 JOHN TRAVIS HALE DBA TRAVIS HALE , a sole proprietorship By: By: (sign here) SUZANNE SMITHSON JOHN TRAVIS HALE, Owner Library & Cultural Arts Director As authorized by the City Manager (print name/title) ATTEST: By: For SHERRY FREISINGER, City Clerk (sign here) By: Morgen Fry, Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: _____________________________ Anayeli Zavala, Deputy City Attorney Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC PSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 6 EXHIBIT “A” SCOPE OF SERVICES AND FEE The City requests that the Contractor create and provide a seven (7)-week financial education workshop series, designed to empower community members with essential knowledge of personal finance and retirement planning. The series includes six (6) workshops from the World System Builder on personal finance, as well as one (1) workshop from the National Retirement Security Solutions Association (NRSSA) on optimizing Social Security benefits. The program aims to enhance financial literacy and retirement security for individuals participating in the Carlsbad Library Adult Literacy program. 1. CONTACT INFORMATION Contractor • Owner, Travis Hale, 760-445-8948, john.travis.hale@gmail.com City • Deputy Library Director, Sheila Crosby, 442-339-5520, sheila.crosby@carlsbadca.gov • Community Outreach Supervisor, Sandra Riggins, 442-339-5511, sandra.riggins@carlsbadca.gov • Library administration 442-339-2011 2. CONTRACTOR DELIVERABLES The series consists of seven weekly workshops, each lasting 1 to 1-1/2 hours, depending on participant engagement and questions. Workshops are to be held at one of the Carlsbad City Library facilities, with scheduling to be coordinated in writing with City and agreed to between Parties. City fees paid include up to 50 participants receiving complimentary textbooks, workbooks, and materials at each session. 3. PROJECT TIMELINE • Building a Strong Financial Foundation Learn the basics of budgeting, saving, and debt management. Understand the importance of emergency funds and financial goal setting. Duration: 1 to 1-1/2 hours • Protecting Your Financial Future Explore insurance options (life, health, disability) to safeguard income and assets. Strategies to mitigate financial risks. Duration: 1 to 1-1/2 hours • Investing for Wealth Accumulation Introduction to investment vehicles (stocks, bonds, mutual funds). Principles of diversification and risk management. Duration: 1 to 1-1/2 hours • Retirement Planning Essentials Plan for retirement with 401(k)s, IRAs, and other saving vehicles. Calculate retirement needs and set achievable goals. Duration: 1 to 1-1/2 hours Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC PSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 7 • Tax-Efficient Strategies Understand tax-advantaged accounts and strategies to minimize tax liabilities. Tips for working with tax professionals. Duration: 1 to 1-1/2 hours • Estate Planning and Legacy Building Learn the basics of wills, trusts, and beneficiary designations. Plan for wealth transfer and charitable giving. Duration: 1 to 1-1/2 hours • Maximizing Social Security Benefits Optimize Social Security claiming strategies for maximum benefits. Explore spousal benefits, survivor benefits, and common pitfalls. Presented by a Registered Social Security Analyst. Duration: 1 to 1-1/2 hours • Textbooks and workbooks to be provided by Contractor for up to 50 participants for each session at no additional cost. 4. LOGISTICS • One workshop will be scheduled per week for seven (7) weeks, starting at a time mutually agreed upon by Parties and confirmed in writing between Parties. • Workshops to be held at one of the Carlsbad City Library locations in a space able to accommodate 50 participants at a location mutually agreed upon by Parties and confirmed in writing between Parties. Library locations: − Carlsbad City Library, 1775 Dove Lane, Carlsbad, CA 92011 − Georgina Cole Library, 1250 Carlsbad Village Drive, Carlsbad, CA 92008 − Library Learning Center, 3368 Eureka Place, Carlsbad, CA 92008 • Each workshop to provide assistance to 50 attendees per session and is open to all Carlsbad Library Adult Literacy program participants. 5. HEALTH & SAFETY During any health-related pandemic, all Parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform artists 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, and maintaining physical distancing of six feet. The safety protocols may be modified at any time due to changing rules, regulations, or circumstances. Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC PSALCA-26005LIB City Attorney Approved Version 5/30/2025 Page 8 6. MONETARY FEES The flat fee payable for Services to be performed during the Agreement will be not-to-exceed four thousand dollars ($4,000) and calculated using the following rates. All workshop costs, including materials, facilitation, and preparation for the seven (7) week series are included in the flat fee amount. • Each session costs $571.43 Payment Schedule Activity / Amount Initial Payment (20%) $800 due two-week post execution of agreement in support of materials needed for sessions. Final Payment (80%) $3,200 payable due post-delivery of final session. TOTAL (100%) $4,000 All invoices shall be submitted to City’s Deputy Library Director or Designee and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City's Library & Cultural Arts Director or Designee. Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: (Name and Department) (Date) Proposed modification(s) to the __________________ requirement(s) for (Type of insurance) (Name of contract) Reduce coverage to the amount of: $ . Waive coverage Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $ . Work will be completed over a period of . Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by Risk Manager for this contract only: (Signature) (Date) Sandra Riggins, Library & Cultural Arts 11/4/2025 see below Travis Hale n CGL $1,000,000; accept personal auto insurance policy; waive Workers Comp n NTE $4,000 1 year n PSALCA-26005LIB Contractor will be conducting a series of seven financial planning classes at Carlsbad City Library locations in 2025-2026, which will pose minimal risk Docusign Envelope ID: 2EB4A381-D1E8-418C-9D6C-C183F938FDBC 12/22/2025