HomeMy WebLinkAboutTara Torburn; 2015-05-11; PWM15-84UTILAGREEMENT FOR GRAPHIC ARTIST
FOR HNS MATERIALS
(Tara Torburn)
THIS AGREEMENT is made and entered into as of the iH^ day of
MgtL/ , 2015, by and between the CITY OF CARLSBAD, a municipal
corporati&rC ("City"), and TARA TORBURN ("Contractor").
RECITALS
City requires the professional services of a graphic artist that is experienced in designing print
and web content. Contractor has the necessary experience in providing these professional
services, has submitted a proposal to City and has affirmed her 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. The
Housing and Neighborhood Services Director may amend the Agreement to extend it for two (2)
additional one-year periods or parts thereof in an amount not to exceed six thousand dollars
($6,000) per Agreement term. Extensions will be based upon a satisfactory review of Contractor's
performance, ongoing City needs, and appropriation of funding. The parties will prepare a written
amendment indicating the effective date and length ofthe extended agreement.
3. COMPENSATION
The total fee payable for the Services to be performed will not exceed six thousand dollars
($6,000) for the contract term. 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." Contractor shall invoice the city at the rate of $80 per hour.
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.
City Attomey Approved Version 1/30/13
The parties expressly agree that any payment, attomey'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 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
otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will
obtain occun-ence 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 Carisbad 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 seq.. and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad 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
City Attorney Approved Version 1/30/13
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.
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 ofthis Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation ofthe State of Califomia
(sign here) City ^^angg|.^r ^^ji^?g|f|;^Di^^
(print name/title)
ATTEST:
By:
(sign here) BARBARA Eh/GLtSON
City Clerk
(print name/title)
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 seai empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attomey
By:.
ssistant City Attomey
City Attomey Approved Version 1/30/13
EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for City and at what price.
Design quarteriy volunteer newsletters for both e-newsletter and print formats based on staff
provided content. Design services shall not exceed $800 for each newsletter.
Design, reformat and make changes as needed to the CityStuff educational materials for the
third grade school program. Design services forthe annual revisions shall not exceed $1,000.
Design, format and/or make modifications based on staff input to outreach materials for the
Code Compliance program, mediation program, Nextdoor.com program and Neighborhood
Spruce-up program. Design services for the outreach materials shall not exceed $1,800.
City Attorney Approved Version 1/30/13
Donna Heratj^
From: Donna Heraty
Sent: Tuesday May 12, 2015 10:30 AM
To: 'ttorb@me.com'
Cc: Shelley Collins; Sherry Freisinger; Sue Irey
Subject: Form 700 - Conflict of Interest
Dear Consultant:
Regarding your agreement with the City of Carlsbad for graphic artist for HNS materials -
// 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 Carisbad. A copy of this email will be added to your file memorializing this decision.
Should you have any questions, please do not hesitate to contact me.
Kindest regards,
Ccityof
Carlsbad
Shelley Collins, CMC
Assistant City Clerk
City Clerk's Office
City of Carisbad
1200 Carisbad Village Drive
Carisbad, CA 92008-1949
www.carisbadca.gov
760-434-2917 I Shellev.Collins@carisbadca.gov
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