HomeMy WebLinkAboutJohn Webster dba Webster Design; 2015-09-21; PEM1262AGREEMENT FOR GRAPHIC DESIGNING SERVICES
JOHN WEBSTER dba WEBSTER DESIGN
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AGREEMENT is made and entered into as of the ~ / ..:££ day of ..;;......_;¥-f::-.{L,I-~.u.-"'4'-'~~· 2015, by and between the CITY OF CARLsBAD, a municipal
cor at1on, ("City"), and JOHN WEBSTER dba WEBSTER DESIGN, a sole proprietorship,
("Contractor").
RECITALS
City requires the professional services of a graphic designer experienced in creating art
designs to be used in outreach campaigns. 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 one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will not exceed ten thousand dollars
($1 0,000). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. City reserves the right to withhold a ten percent
( 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.
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.
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,._/ INSURANCE . ..-U)pl\)~ ..-_see-/XrJACfrlr~
tCcir,tractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII";
OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers
(LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, in an amount of not less than one million dollars ($1 ,000,000) each,
unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to the City. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City's execution of this Agreement.
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.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
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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
JOHN WEBSTER dba WEBSTER
~e~
(srgn here)
John Webster I Sole Proprietor -Owner
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Patrie Public Works Director
as authorized by the City Manager
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
By [J2~~ ""ASsistarltCitYAttorney
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EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor, John Webster dba Webster Design, will do for City and at what
price.
Scope of Work
TASK 1
Create an image or infographic depicting positive behavior, storm water BMPs, and pollution
prevention at a residence typical of a single family home in Carlsbad. Positive behaviors can
include rainwater capture/rain barrels, proper pet waste disposal, reduction of chemical fertilizers
and pesticides, California friendly landscaping and proper residential vehicle washing. Other
behaviors may be included as needed or deemed relevant by the City of Carlsbad staff. The
infographic should be formatted to allow placement in trifold brochures and on larger format, such
as 2' x 3' poster board.
TASK2
Miscellaneous tasks may include expansion of certain positive behaviors, such as stand-alone
images to be used in other outreach materials or for use at outreach events.
Total contract not to exceed $10,000.
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CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, JOHN WEBSTER, am the owner-sole proprietor of JOHN WEBSTER dba WEBSTER
DESIGN. I hereby certify that JOHN WEBSTER dba WEBSTER DESIGN has no employees
and is not required by law to maintain workers' compensation or employers' liability insurance.
Should JOHN WEBSTER dba WEBSTER DESIGN employ any person during the term of the
Agreement with the City of Carlsbad for GRAPHIC DESIGN SERVICES, then workers'
compensation and employers' liability insurance will be obtained.
Executed on this _j_ day of -5.&P?'EM%~2015 at _ ___._0...L-=s"-'--r;'"'""t1-____ , California
JOHN WEBSTER
Name
Signature
OWNER I SOLE PROPRIETOR
Title
Kathy Hamilton
From:
Sent:
To:
Cc:
Subject:
Dear Consultant:
Kathy Hamilton
Tuesday, September 29, 2015 1:46 PM
'john@websterdesign.net'
Shelley Collins; Donna Heraty (Donna.Heraty@carlsbadca.gov); Rhonda Gasper-Heather
Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that
you are not required to file a Conflict of Interest Statement
Regarding your agreement with the City of Carlsbad for graphic design-
If your agreement states: 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 interest in all four
categories.
It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this
agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision.
Please disregard the email you received earlier today.
Should you have any questions, please do not hesitate to contact me.
Kindest regards,
Shelley Collins, CMC
Assistant City Clerk
City Clerk's Office
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov
760-434-2917 I Shelley.Collins@carlsbadca.gov
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