HomeMy WebLinkAboutTorburn, Tara; 2007-07-30;AGREEMENT FOR BEACH BROCHURE DEVELOPMENT
AND GRAPHIC / WRITING SERVICES
(TARA LEE TORBURN GRAPHIC DESIGN)
/-THIS AGREEMENT is made and entered into as of the O61 day of
^-^y ifJL^, , 2007, by and between the CITY OF CARLSBAD, a municipal
corporajfon, ("C&fy"), and TARA TORBURN, Contractor.
RECITALS
City requires the professional services of a graphic artist 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 five hundred dollars ($4,500). 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
TARA LEE TORBURN
GRAPHIC DESIGN, a Contractor
CITY OF CARLSBAD, a municipal
corporation of the State of California
B
"{sign here)
TARA LEE TOBURN, SOLE PROPRIETOR
(print name/title)
Manner or Mayor \
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
By:
Deputy City Attortey
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 ON THE IMPORTANCE OF THE
CARLSBAD COASTLINE. REQUESTED SERVICES FROM A GRAPHIC ARTIST
WOULD INCLUDE THE FOLLOWING:
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 Graphic Artist services include:
o Design, layout and production of brochure
o Standard photography
o Creating/incorporating graphic elements
o Coordination with printer
a Coordinate development with staff and the Carlsbad Beach Preservation
Committee
a Attend meetings with City staff related to this project
a Suggest and gather images
a Provide any requested edits or revisions as suggested by City staff
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 -
Tara Lee Torburn - Graphic Design is:
(Name of contract)
a Coverage in the amount of: $
J&, Waiving General Liability Insurance
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
w Category Assumption(s) NA: Category assumptions are not applicable, [explain]
Consultant '.v work is performed in her home where all electrical is under City ends
standards; final design will he approved hy City of Carlsbad/Steve Jantz tn insure.
originality and use only by the City of Carlsbad.
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, [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]
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]
sr 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 request):
General liability has been excluded in previous agreements for graphic design work —
Denise Vedder / Communications. Dan Wp.inheimp.r / PW Administration
Approved by Risk Manager for this contract only:
_ &Z^-
(Signature) (Date)
7
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 - Tara Lee
The proposed modification(s) to the insurance requirement for Torburn - for Graphic Design is:
(Name of contract)
Coverage in the amount of:
Waving Automobile Liability Insurance - Consultant will provide personal auto ins certificate.
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
a 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]
M 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.*
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 Contract Amount/Term of Contract: $ . Work will be completed over a period of
a Other*:
* "Employment" below must be completed.
Q 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)
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).
. A , STEVE JANTZ - PUBLIC WORKS ENGINEERINGRequested by:
(Name and Department) Professional Services Agreement - Tara
The proposed modification(s) to the insurance requirement(s) for Lee Torburn - for Graphic Design is:
(Name of contract)
a/Coverage in the amount of: $
M Waving Professional Liability Insurance.
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
Q Category Assumption(s) NA: Category assumptions are not applicable, [explain]
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 works frequently with various City departments doing graphic design work. She is an
independent contractor and will have her work reviewed and approved by City staff before
published.
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]
a Contractor's work-product is recommendations only; no design or other work-product for which
there is no in-house expertise, [explain]:
Q Professional Liability coverage is not available to this contractor or would increase the cost of the
contract by
$ [explain]'.
Q 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:
j^T^--
(Signature) (Date)
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, TARA LEE TORBURN , am the SOLE PROPRIETOR
of TARA LEE TORBURN GRAPHIC DESIGN . I hereby certify that.
TARA LEE TORBURN GRAPHIC DESIGN has no employees
and is not required by law to maintain workers' compensation or employers' liability insurance. Should
TARA LEE TORBURN GRAPHIC DESIGN employ any person
during the term of the Agreement with the City of Carlsbad for GRAPHIC DESIGN SERVICES
DESCRIBED IN EXHIBIT "A" OF THE AGREEMENT (PWENG579) . then workers' compensation
and employers' liability insurance will be obtained.
f\,!\
Tara Lee Torburn Date
TARA LEE TORBURN GRAPHIC DESIGN