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HomeMy WebLinkAboutAgr 2013-11-26 (Laurie Vermont)AGREEMENT FOR PROFESSIONAL SERVICES - MARKETING CONSULTANT THIS AGREEMENT, made and entered this 6 day of ` 1VF.{.0 2013, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and LAURIE VERMONT, hereinafter referred to as "Consultant," RECITALS A. The Town desires to retain a qualified and competent marketing consultant to assist the Town in promoting tourism, managing its website content and other activities to benefit the Town's economy in general and the downtown 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 shall provide the Services as directed by the Town Manager at the rate of $40.00 (forty dollars) per hour. Town will make payments due under this Agreement upon biweekly written accounting from Consultant of hours worked. Consultant will not work more than 10 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's scope of work shall include the following, without limitation, as directed by the Town Manager: a. Work with the Town Manager and the Marketing & Communications Task Force ( "M &C ") to manage and implement the branding and communication strategy ofthe Town. This may include the creation and oversight of new marketing activities, creative use of various media and other concepts to attract visitors to the Town and showcase its unique qualities. Laurie Vermont Consultant Agreement 2013 Page 1/3 b. Work collaboratively with the Tiburon Tourism Group ( "TTG "), the Chamber of Commerce, the Town's recreation services, Landmarks Society, Library Agency and School District to fulfill the marketing objectives of the Town. Consultant may undertake work as directed by TTG under this contract if such work is approved by the Town Manager. c. Plan, manage and help write content for the visitors section of the Town's website. d. Undertake other marketing duties as may be determined to assist TTG, M &C or the Town. 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. 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 work, 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. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he 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. Laurie Vermont Consultant Agreement 2013 Page 2/3 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 parry. 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. li1.10171 & X113a10 11 APPROVED AS TO FORM: Ann R. Danforth, Town Attorney TOWN OF TIBURON Margar t X. Curran, Town Manager Laurie Vermont Consultant Agreement 2013 Page 3/3