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HomeMy WebLinkAboutAgr 2012-11-26 (Jill Rodby)AGREEMENT FOR PROFESSIONAL SERVICES - CREATIVE CONSULTANT FOR MARKETING AND COMMUNICATIONS TASK FORCE THIS AGREEMENT, made and entered this ~ day of 2012, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and JILL RODBY hereinafter referred to as "Consultant," RFC.ITALS A. The Town desires to retain a qualified and competent creative consultant to serve as the Marketing Director, to assist the Town in promoting tourism and other activities to benefit the Town's economy in general and the Town's lodging establishments in particular. B. The Consultant has the skill and experience to undertake this work. The parties wish to contract for the provision of services as described in this Agreement. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform the services described in paragraph 4 of this Agreement ("Services"), subject to the direction of the Town Manager or her designee. The Consultant shall execute the work in a timely manner and as requested by the Town. 2. Compensation. Consultant will devote 20 hours a week to providing the Services, at the rate of $35.00 (thirty-five dollars) per hour. Town will make payments due under this Agreement on a biweekly basis, i.e., $1400 every two weeks. Consultant will not work more than 20 hours per week without prior written authority from the Town Manager or her designee. 2. Standard of Work; Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent act or omission of Consultant's in the performance of the Services pursuant to this Agreement. 3. Scope of Work. Consultant will provide Services as directed by the Town Manager. Services may include, without limitation, the following: a. Work with the Marketing and Communications Task Force ("M&C") to manage and implement the branding message for the Town and help develop guidelines for its use. Creative Consultant Agreement 2013 Page 1/3 b. Implement M&C's marketing and communications strategy and devise additional means of marketing the Town through a variety of methods including print, online, social media, and special events. C. Act as the Town's ambassador with systematic outreach and follow-up with key partners including San Francisco concierges, the business community, the San Francisco Travel Association, the Marin Visitors Bureau and the ferry companies. d. Create and help manage new events to attract visitors to the Town and showcase the Town's unique qualities. The Marketing Director will work collaboratively with the Chamber, the Town's recreation services, Landmarks Society, Library Agency and School District in planning special events. e. Create and maintain necessary data bases and other information related to concierge outreach, volunteers, sponsors and vendors; prepare regular reports to M&C and the Town Manager on activities and results. f. Plan, manage and help write content for the visitors section of the Town's soon- to-be unveiled new website. g. Proactively work with the Town's IT Coordinator to maintain an engaging, informative and up-to-date website for visitors; coordinate with the Chamber of Commerce to maintain current information on the site about Town businesses. h. Develop and implement a strategy to actively engage potential visitors to the Town on social media such as Facebook and Twitter. 5. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 6. Ownership of Documents; Re-Use; Indemnity. For the purpose of this Agreement, "Documents" shall include any means of recording information, including, without limitation, text copy, graphics, code, disks, diskettes, CDs, and other written or electronic communications or data. All Documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Documents should be in formats usable by the Town. 7. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. Creative Consultant Agreement 2013 Page 2/3 8. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit otherle may employ to engage in discrimination based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 9. Insurance. Consultant shall maintain insurance as set forth below in a form satisfactory to the Town Attorney. Town shall be added as an additional insured to all required insurance policies such that the coverage provided to the Town is primary and non-contributory: A. Comprehensive Automobile Liability: bodily injury $500,000 per person, up to $1,000,000 per occurrence; and $500,000 property damage per occurrence. 10. Miscellaneous. A. Governing Law; venue. The laws of the State of California shall govern this Agreement. In the event that a dispute arises under this agreement, Marin County shall be the venue for any judicial resolution of said dispute. B. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. C. Successors in Interest; Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. D. Entire Agreement; Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. JILL RODBY 1 APPROVED AS TO FORM: TOWN OF TIBURON Margaret,A(. Curran, Town Manager l/?lam Ann R. Danforth, Town Attorney Creative Consultant Agreement 2013 Page 3/3