HomeMy WebLinkAboutKaren Bowman dba WB Productions; 2015-05-15;AGREEMENT FOR (RACE TIMING) SERVICES
(WB PRODUCTIONS)
THIS AGREEMENT is made and entered into as of the . day of
, 20 IS, by and between the CITY OF CARLSBAD, a municipal
corporationr ("City"), and Karen Bowman, DBA WB Productions a race timing
company , ("Contractor").
RECITALS
City requires the professional services of a race timing company that Is experienced in
all timing aspects for a triathlon race . 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 year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed shall not exceed six thousand one
hundred dollars ($ 6,100 ). 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 (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 indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney's
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'
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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
othenwise 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 Carisbad 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 seg., and Carlsbad Municipal Code Sections 3.32.025, et seg. 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
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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 CITY OF CARLSBAD, a municipal
corporation of the State of California
By: WB Productions
(slgi^here)
(^nt name/title)
By:
(sign here)
(print name/title)
City MonoySr or Mayor or Director
Chris Hazeltine
ATTEST:
i 3ARBARA EN(2LElS0N
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. BRE
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me.
(insert name and title of the officer)
whose nam^sjss/a
personally appeared
who proved to me on the basis of satisfactory evidence to be the per:
sut>scsjbed to the within instrument and acknowledged-?tp me that he(she/:
are
ey executed the same in
his/herjheir authorized capacity(i^), and that by hi^piep'their signatijre(s) on the instrument the
peVsen^j, or the entity upon behalf of which the persUfi^) 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 bea
Signature J-
MARK JOHNSON j'
COMM. # 1984729 m NOTARY PUBLIC-CALIFORNIA >"
RIVERSIDE COUNTY "" MY COMM. EXP. AUG. 8,2016
(Seal)
EXHIBIT "A"
SCOPE OF SERVICES
2015 Carlsbad Triathlon
Based on 1,000 participants
3 split times
Total estimate = $6,100
Timing:
Chip system
Note- no extra fee except lost chips @ $10 each
Number of volunteers:
4 for transition area, 8 for finish chute/chip retrieval = 12 total
Pre-Race Data Entry:
City of Carlsbad provides all pre-event data entry/accounting
Packet Pickup:
$600 flat fee per packet pickup day
Split Times:
$1 per split time recorded + $2,500 flat fee for timing & registration
"WB Productions" will provide the following services for the Carlsbad Triathlon, scheduled for
Sunday, July 12, 2015, at a cost no to exceed $6,100:
I. REGISTRATION
• The City of Carlsbad will process mail in entries and enter entries offline into Active.com.
• "WB PRODUCTIONS" will process Active.com registration list four days prior to race day.
Entrants will be segregated by Division, and the following information will be included for
each entrant:
Bib Number Assigned
First Name
Last Name
Address
City
State
Zip
Age on Race day
Gender
Race Division Code (Age Division, Clydesdale/Athena or Pro Division)
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• Entry fee paid
• Payment Method
• Email Address (If available)
• Within one week following the event, "WB PRODUCTIONS" will provide a complete list of
entrants with full addresses in Excel format, for a City's mailing list
"WB PRODUCTIONS" will process all registration and Issue a bar-coded bib number and a
transponder chip-timing anklet to all participants. For pre-registered entrants, "WB
PRODUCTIONS" will have these bibs and corresponding transponders In numeric order for
SATURDAY and race day pickup. "WB PRODUCTIONS" will also have an alpha/category list of all
entrants. City of Carlsbad will provide the following for registration:
• Bibs with tear-off tabs and barcodes (to be delivered to "WB PRODUCTIONS" no later than 1
month prior to the event. Tear-off portion to be type 9 with barcode - 3 of 9, mini-size -
from Rainbow Racing).
• Safety pins
II. PACKET PICKUP
"WB PRODUCTIONS" staff members will oversee pre-reglstratlon pickup and will handle all on-
site registration and any registration Issues or problems.
Adequate volunteers for registration pickup during packet pick-up periods will be provided by
City of Carlsbad.
III. SPLIT CHIP TIMING
"WB PRODUCTIONS" will provide the following:
Calculated split times for the swim.
Calculated split times for the bike, to include both transition times.
Calculated split times for the run.
Calculated split time for finish.
Ranks for swim, bike and run splits.
In addition to the above times, additional information that will appear on the final results:
1. Class place
2. Overall place
3. Bib number
4. Age
5. Sex
6. Results will be organized by age categories or special category (I.e. Pro, Clydesdale).
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IV. FINISH/CHIP TIMING
Finish times will be posted 30 minutes after the 1st finisher crosses the line. Additional results
will be posted every 30 minutes following the 1st posting. These results will contain the
following Information:
• Class place
• Overall place
• Bib number
• Entrant name
• Age
• Sex
• Calculated finish time
• Calculated swim, bike and run splits
• Results will be organized by age categories or special category (I.e. Clydesdale).
If any changes/additions are made to the results, they will be posted immediately after the
change has been made. Results during this posting time are labeled "unofficial" 15 minutes
prior to the awards ceremony, at 10:15 a.m., results will then be labeled "unofficial". These
results will then be posted and the awards ceremony may begin to take place. Complete results
with split times will be posted by 3 p.m. on race day, and a pre-determined link will be sent to
the City of Carlsbad for their website prior to the event. Participants will visit the
www.carlsbadtriathlon.com website for their results.
Eight volunteers to be used in the finish line area and 8 volunteers to be used in the transition
area will be provided to "WB PRODUCTIONS" by City of Carlsbad.
V. AWARDS CEREMONY
"WB PRODUCTIONS" will provide an awards printout (listing the top 3 only In each division) for
the ceremony. "WB PRODUCTIONS" will handle any protests/category changes at the awards
ceremony. Award ceremony will take place at approximately 10:15 a.m.
VI. EQUIPMENT
"WB PRODUCTIONS" will provide all necessary equipment for timing and results postings,
including clock for finish line, results tent and boards, timing trailer and tent, cones and tape for
finish chutes, power for timing equipment placed within the transition area, and backup power
for the finish line area.
City of Carlsbad will provide "WB PRODUCTIONS" all finish line barricades, banners and
scaffolding.
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VII. ADDITIONAL SPECIFICATIONS
City will pay "WB PRODUCTIONS" $10 for each lost timing chip.
Quote must include all travel & additional expenses of "WB PRODUCTIONS". No reimbursable
or "a la carte" items are permitted without prior approval.
"WB PRODUCTIONS" will be required to submit proof of a valid Carlsbad Business License, proof
of Liability Insurance and proof of valid Worker's Compensation Insurance (If "WB
PRODUCTIONS" employs staff as opposed to contractors).
"WB PRODUCTIONS" will be required to attend the volunteer training meeting the week prior
to the event.
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