HomeMy WebLinkAboutTorburn, Tara; 2007-07-25;AGREEMENT FOR BROCHURE DEVELOPMENT AND WRITING SERVICES
(TARA TORBURN)
THIS AGREEMENT is made and entered into as of the ^2 day of
(OfyuJL, 2007. by and between the CITY OF CARLSBAD, a municipal
corporate, ("Guy"), and TARA TORBURN, Contractor.
RECITALS
City requires the professional services of a Graphic Artist that is experienced in graphic
design production. 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 three
thousand dollars ($3,000). 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 (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.
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
City Attorney Approved Version #11.28.06
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
(print name/title)
•I" te> f\o Q,
(e-mail address)
*By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
City Manager or Mayor
ATTEST:
DC5RRAIK1E M. WOOp '
City Cletk' w
(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:
RONAL L, City Attorney
Deputy City Attorney
City Attorney Approved Version #11.28.06
EXHIBIT "A1
TARA LEE TORBURN
GRAPHIC DESIGN
1115 ALBERTA AVENUE • OCEANSIDE, CALIFORNIA 92054 • (760) 439-5334 • FAX (760) 439-1670
SCOPE OF SERVICES
Projects for Human Resources:
updates to Carlsbad Academy catalog; program report brochure
Projects will be prepared digitally for output directly to film negatives
or direct to printing plates, as required by printer, and/or for other digital applications.
• concept development and preliminary design
• project design and layout
• art direction, mechanical preparation and final production
• design and formatting text; typesetting
• photo selection
• scan and digitally manipulate photos, slides, graphics
• download text, photos, graphics from email; format as required
• placement of photos and/or graphic elements where required
• meetings, including with printer as required
• final review, corrections and fine-tuning of each project
• proofs and mock-ups as required throughout duration of projects
• coordinating with printers) to insure projects print trouble-free
• files to be transferred to printers) via email, Internet or CD/DVD
• reviewing of proofs from printer as required
Graphics services: $3000.
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, TARA TQRBURN . am a SOLE PROPRIETOR. I hereby certify that I have no
employees and am not required by law to maintain workers' compensation or employers'
liability insurance. Should I employ any person during the term of the Agreement with the City
of Carlsbad for GRAPHIC ARTIST SERVICES DESCRIBED IN EXHIBIT "A" OF THE
AGREEMENT , then workers' compensation and employers' liability insurance will be
obtained.
Datei
Tara Torbum
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: Debbie Porter, Human Resources 7/17/07
(Name and Department) Date
Proposed modification(s) to the General Liability requirement(s) for Tara Torburn
(Type of insurance) (Name of contract)
I I Reduce coverage to the amount of:
IXI Waive coverage
D 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]
The contractor is a graphic artist and a sole proprietor working from home where all electrical complies with
City code standards. She has also been working with the City as a contractor since 1999 and has proven to have
minimal exposure to liability. Her work will be reviewed before publishing and used only by the City of
Carlsbad.
I [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].
IXlQther (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): General liability insurance has been
waived in previous agreements with this contractor.
Approved by Risk ManaRer for this contract only:
(Signature) (Date)
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: Debbie Porter, Human Resources II'17/07
(Name and Department) Date
Proposed modification(s) to the Professional requirement(s) for Tara Torburn
Liability
(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)
IXISignificance 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]
The contractor is a graphic artist and a sole proprietor working from home. She has also been working with the
City as a contractor since 1999 and has proven to have minimal exposure to liability. Her work will be reviewed
before publishing.
I [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]
[IJContract 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].
IXlQther (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): Professional liability insurance has
been waived in previous agreements with this contractor.
Approved by Risk Manager for this contract only:
(Signature) (Date)
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: Debbie Porter, Human Resources 7/17/07
(Name and Department) Date
Proposed modification(s) to the Auto Liability requirement(s) for Tara Torburn
(Type of insurance) (Name of contract)
IXI Reduce coverage to the amount of: $30,000 (see
attached policy)
I I Waive coverage
D Other:
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
IXI 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]
The contractor is a graphic artist and a sole proprietor working from home . She has also been working with the
City as a contractor since 1999 and has proven to have minimal exposure to liability.
I [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].
IXlQther (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): The amount of driving required under
this contract is limited to occasional meetings with staffer other contractors. Auto liability insurance has been
waived in previous agreements with this contractor.
Approved by Risk ManaRer for this contract only:
(Signature) (Date)