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HomeMy WebLinkAboutDow, Gabriela DBA Mora Dow Consulting; 2014-03-04;AGREEMENT FOR ASSISTANCE IN DEVELOPMENT AND REVIEW OF STATEMENT OF WORK FOR THE IMPLEMENTATION OF THE INTEGRATED COMMUNITY DEVELOPMENT SYSTEM (ICDS) GABRIELA DOW, DBA MORA DOW CONSULTING THIS AGREEMENT is made and entered into as of the .q.-fh day of Mavch , 20l!:f:., by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Gabriela Dow, DBA Mora Dow Consulting, a sole proprietor, ("Contractor''). RECITALS City requires the professional services of a contractor that is experienced in development of key items for a Statement of Work (SOW) that will be utilized in the successful implementation of the new I CDS . Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of six (6) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand dollars ($4,000). The hourly rate for this contract is eighty-five dollars an hour ($85/hour). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or the Services specified in Exhibit "A." · 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. City Attorney Approved Version 1/30/13 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. 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 rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A :X'', in an amount of not less than one million dollars ($1 ,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. · 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. 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. 9. 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. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. 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. City Attorney Approved Version 1/30/13 2 13. 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. 14. 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 Gabriela Dow, DBA Mora Dow Consulting By: (sign here) Gabriela Dow, Sole Proprietor (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California 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. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attomey Approved Version 1/30/13 3 Gabriela Dow, DBA Mora Dow Consulting Carlsbad License: # 1236293 Tel (858) 735-2922 gdow.sd@gmail.com February 12, 2014 Exhibit "A" Scope of Services Quote for Assistance in Development and Review of Statement of Work for Implementation of Integrated Community Development System (ICDS) Propose working up to 47 hours to support the Community & Economic Development Department in: • Development of key items for a Statement of Work (SOW) that will be utilized in the successful implementation of the new ICDS • Review drafts and provide copy and oversight I editing for the final SOW Gabriela will be available to work onsite and remotely, reporting to Mike Peterson, Development Services Manager, and coordinating with department staff, IT project manager and software consultant per Mr. Peterson's direction. The development of an SOW for the software implementation is expected to involve multiple departments (i.e. Building, Planning, Engineering, Administration, Public Works, Fire Protection, Storm Water, and Finance, IT, the City Manager and Communications offices). Gabriela will coordinate with any and all departments and key staff as needed to help develop a comprehensive SOW that will set the foundation for a successful internal implementation and external roll-out to improve service to the public. Gabriela will provide oversight a~d recommendations based on her twelve years of experience directly overseeing development and implementation of the city-developed CommunityDevelopmentPartner enterprise solution during her role as founding member and Vice President of the software company GovPartner. Since serving as the first official employee for GovPartner in 2000, Gabriela has worked first- hand with software implementations for Community Development departments in Sunnyvale, Mountain View, Murrieta, National City, Laguna Hills, Rancho Santa Margarita, Chino Hills, CA; Houston and Kyle TX; Urbandale, lA; Little Rock, AR; Abu Dhabi, UAE and with organizations like CALBO, APWA and ICBO. Hourly Rate: $85.00 Recommended budget: $4,000 Contact information for references provided upon request. Sample references include: Ali Fatapour, Chief Building Official, City of Sunnyvale and Diana Perkins, Plan Checker II Reggie Meigs, Chief Building Official, City of San Ramon (former CBO for Berkley, and other cities) Jon Rodriguez, President, GovPartner and CFO, Berryman & Henigar I Bureau Veritas Roy Stephenson, former City Manager of Yorba Linda, CA and City Engineer of multiple So Cal cities Kathryn Bruning, Deputy Director of Commercial Permitting and Regulatory Affairs, City of Houston, TX CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~"'-C!<l"GW-"'~""""""'""'""'""?'"""Oi?i!S"'M'_"'_"'~---""'--"'"'""'"'-""'ElOi'l<l<FO!\S.,FO"'FO"'-"'"'?llli:>l ___ .,.,_,.. State of California } County of 5o"' \U ~~-<2 On FeJ; tl~ d-o/'1 before me, ..;:r.;/1 ?~ (')1 /( 0 de I notar'j F4b6t Dale Here Insert Name and Title of the Officer personally appeared 6~-12rlei, -::D,ok) Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory ·evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seaL Signature:~-· 9 P /I'L /&; L~ ~1gnature of Notary Public ---------------------------OPTIONAL--------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document ;J Title or Type of Document: /Jgreunetvf-.:[dv $q,I/ICF'5 Document Date: _______ __ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): _______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner-0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ 6C& g g §CCL Q !bCQ 2 gg;g; © 2013 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907