HomeMy WebLinkAboutCampbell, Marilyn; 2007-07-30;AGREEMENT FOR
BEACH BROCHURE DEVELOPMENT AND WRITING SERVICES
(MARILYN CAMPBELL - THE WRITE TOUCH)
HIS AGREEMENT is made and entered into as of the ^ _ day of
2007, by and between the CITY OF CARLSBAD, a municipal
), and MARILYN CAMPBELL, Contractor.
RECITALS
City requires the professional services of a writer who is experienced in conceptualization
and creation of marketing brochures. 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 eight hundred dollars ($4,800). 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 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.
City Attorney Approved Version #11.28.06
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-:V in an amount of not less than five hundred
thousand dollars ($500,000) each, unless otherwise authorized and approved by the City
Attorney 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
and Automobile liability. 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. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
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. Venue and Jurisdiction. 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 be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version #11.28.06
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
MARILYN QAMPBELL, a Contractor
*Bv
MARlbYN—GAMPBELL. SOLE PROPRIETOR
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
y' "^oU^jy^r.
"f-*^ City Manager i
or Authorized Signatory
ATTEST:
(e-mail address)
*By:
(sign here)
(print name/title)
(e-mail address)
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:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #11.28.06
EXHIBIT "A'
SCOPE OF SERVICES
THE CARLSBAD BEACH PRESERVATION COMMITTEE IS INTERESTED IN
DEVELOPING AN EDUCATIONAL TOOL REGARDING THE LOCAL BEACHES.
REQUESTED SERVICES INCLUDE THE CONCEPTION, CREATION,
COPYWRITING AND COORDINATION OF A CITY OF CARLSBAD BEACH
PRESERVATION COMMITTEE BROCHURE EDUCATING THE PUBLIC ON THE
IMPORTANCE OF THE CARLSBAD COASTLINE. BROCHURE DEVELOPMENT
WOULD INCLUDE THE FOLLOWING SERVICES:
a Conceptualize and create a brochure explaining the importance of the Carlsbad
coastline in terms of quality of life, economic impact, environmental significance
and long-term sustainability
a Coordinate development of the piece from start to finish with staff and the
Carlsbad Beach Preservation Committee
a Attend meetings with City staff related to this project
a Write the brochure
a Coordinate with staff and graphic artist
a Suggest and gather images
a Edit, revise, and proof the brochure
City Attorney Approved Version #11.28.06
REQUEST FORM - GENERAL LIABILITY
FACTORS IN SUPPORT OF REQUEST TO MODIFY GENERAL LIABILITY
INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement(s) will be either accepting a lower limit of
coverage or waiving the requirement(s).
Requested b • STEVE JANTZ / PUBLIC WORKS ENGINEERING June 29, 2007
(Name and Department) (Date)
The proposed modification to the insurance requirement(s) for Professional Services Agreement -
Marilyn Campbell. The Write Touch is:
(Name of contract)
a Coverage in the amount of: $_
Waiving General Liability Insurance
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
a Category Assumptions) NA: Category assumptions are not applicable, [explain]
Consultant 's work is performed in her home where all electrical is under City code _
standards; final text will he approved hy City of Carhhad/Steve Jantz to insure _
originality and use only by the City of Carlsbad.
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] _
a 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]
/
'si
Contract Amount/Term of Contract: $4,500.00. Work will be completed over a period of
6 months . [This factor alone is not enough to support a request]
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 requesf):
General liability has been excluded in previous agreements for work with the City — Demise
Vedde.r / C.nmmunicatirmx. Dan Weinheimer / PW Administration. _
Approved by Risk Manager for this contract only:
(Signature)
REQUEST FORM - PROFESSIONAL LIABILITY
FACTORS IN SUPPORT OF REQUEST TO MODIFY PROFESSIONAL LIABILITY
INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or
waiving the requirement(s).
.,, STEVE JANTZ-PUBLIC WORKS ENGINEERINGRequested by:
(Name and Department) Professional Services Agreement -
The proposed modification(s) to the insurance requirement(s) for Marilyn Campbell/The Write Touch is:
(Name of contract)
a /Coverage in the amount of: $
S/ Waving Professional Liability Insurance.
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
a Category Assumption(s) NA: Category assumptions are not applicable, [explain]
H 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] _
Contractor is a sole proprietor working from home and working for the City since 1988. Writing.
be reviewed and approved by City of Carlsbad/Steve Jantz before publishing. _
a 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] _
a Contractor's work-product is recommendations only; no design or other work-product for which
there is no in-house expertise, [explain]:
a Professional Liability coverage is not available to this contractor or would increase the cost of the
contract by
$ [explain]'.
a Other (e.g. explain why exposures minimal how exposures covered in another policy, exposure
control mechanisms, and any other information pertinent to your request):
Approved by Risk Manager for this contract only:
REQUEST FORM - AUTO LIABILITY
FACTORS IN SUPPORT OF REQUEST TO MODIFY AUTOMOBILE INSURANCE
REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s) entirely.
+ ,, STEVE JANTZ / PUBLIC WORKS - ENGINEERING June 29, 2007Requested by:
(Name and Department) (Date)
Professional Services Agreement - Marilyn
The proposed modification(s) to the insurance requirement for Campbell/The Write Touch is:
(Name of contract)
a /(^overage in the amount of:
sr Waving Automobile Liability Insurance - Consultant will provide personal auto ins certificate.
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
Q Category Assumption(s) NA: Category assumptions are not applicable, [explain]*
a No Auto Use Required: All work is done off-site and/or requires no use of an automobile.* [this is not
necessary if evident in scope of work]
Amount of driving required: Occasional meetings with staff or one/few site visits for a service such as
maintenance.*
a 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.*
Q 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]*
Q Contract Amount/Term of Contract: $ . Work will be completed over a period of
a Other*:
"Employment" below must be completed.
a Employment: There is a negligible chance that the City will be liable for damages related to a vehicle accident
because the risk of a finding that the Contractor is employed by the City is negligible, [explain]
Approved by Risk Manager for this contract only:
(Name and Department) . (Date)
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, MARILYN CAMPBELL , am the SOLE PROPRIETOR
of THE WRITE TOUCH . I hereby certify that THE WRITE
TOUCH has no employees and is not required by law to maintain workers' compensation or
employers' liability insurance. Should THE WRITE TOUCH employ any
person during the term of the Agreement with the City of Carlsbad for SCRIPT WRITING
SERVICES DESCRIBED IN EXHIBIT "A" OF THE AGREEMENT (PWENG617^) . then workers'
compensation and employers' liability insurance will be obtained.
Marilyn (tampbell^-^ Date
THE WRITE TOUCH