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Home My WebLink AboutAMH Consulting; 2007-10-19;AGREEMENT FOR PROFESSIONAL TRAINING SERVICES AMH Consulting MIS AGREEMENT is made and entered into as of the /^ day of 2007 . by and between the CITY OF CARLSBAD, a municipal CORPORATION, ("City"), and Aja M. Howell doing business as AMH Consulting" , ("Contractor"). RECITALS City requires the professional services of a training consultant that is experienced in Facilitation Training. 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 one year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be four thousand dollars ($4,000). 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 (1 0%) 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 #1 1 .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, etseq.. 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 *By: CITY OF corporatioi By: icipal (s'ign heYe) ct M (print name/title) (e-mail address) (sign here) LOI City Clerk O\.-''fcoR5*'\ •£,";. (print name/title) (e-mait 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 officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD/^SALL, City Attorney jputy City Attorney City Attorney Approved Version #11.28.06 EXHIBIT A Technology of Participation (ToP™) Group Facilitation Methods Customized In-house Course Description City of Carlsbad ~ October 4-5, 2007 Group Facilitation Methods Course (Introductory Level Facilitation Course) - In this course, participants will learn three proven processes for activating group participation, gain hands-on experience practicing them, and explore ways of applying them to specific situations. The ORID Discussion Method is a structured process that helps facilitate an effective exchange of ideas. Actively involves every group member, even when the topic is sensitive or emotionally charged. Using this tool, participants can heighten effectiveness in facilitating group discussions that enhance awareness, understanding and communication. Participants learn how to: • Conduct purposeful, productive meetings and discussions • Quickly capture a group's best thinking, and surface new ideas and solutions • Ask questions that stimulate candid feedback and discussion The Consensus Workshop Method energizes problem solving and builds active participation and teamwork. It promotes creativity and productively channels diverse ideas into consensus decisions that everyone can own and support. Participants gain the skills to: • Tap rational and intuitive thought processes • Integrate diverse ideas, and develop group consensus • Generate practical and creative solutions The Action Planning Method combines the ORID Discussion and Consensus Workshop Methods. It enables participants to quickly pull together an effective plan, organize needed resources, and mobilize group energy into action. Participants will learn how to: • Visualize a successful result • Analyze the current reality, and create a practical plan . • Maximize group commitment and involvement Benefits from the Course for your organization... s New options to address issues »^ A permanent core of trained facilitators s Improved communication skills ^ Smooth implementation of changes ^ Maximum staff participation ^ Free follow up coaching on method applications S Less reliance on outside consultants ToP™ Courses - Developed by the Institute of Cultural Affairs (ICA), ToP™ courses have been successfully implemented in hundreds of organizations around the world since 1973, including corporations, non-profit organizations, government agencies, healthcare organizations and educational institutions. For more information about ICA, please see www.ica-usa.org. Customized for Your Organizational Needs - An in-house course allows for the course to be customized to the specific needs of your organization. Examples and exercises are geared towards real-life work situations that employees will encounter and therefore, maximizes the investment and benefit of taking the course. Course Fees- Class sizes can range from a minimum of 6 participants not to exceed 30 class participants. Cost includes: training manuals, breakfast/ snack, and all necessary supplies. Fees will be adjusted according to the number of participants as follows: 8 people - $3,200, 10 people - $4,000, 12 people - $4,600, 15 people - $5,500. For each allowance of additional "public course" attendees, the City of Carlsbad will receive a $45 discount. Aja Moerler-Howell, ToP Mentor Trainer Ariana Meza, ToP Trainer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -^ On ^>t=fV d-\ 5-00^ before me, Date ' personally appeared ,AjA fr^ . ro e> 10 (g \ \ Name and Title of Officer (e.g., Jane Doe, Notary Publi (MJ.c . NameW-of Signer^- r CmmnHHon * !74«tft • ^^QHPOvi Km W^o County jConv^^^^^ Place Notary Seal Above 1 D personally known to me m\(or proved to me on the basis of satisfactory evidence) to be the person(&) whose name(e) is/are-subscribed to the within instrument and acknowledged to me that be/she/they executed the same in .bte/her/thetr authorized capacity (4es), and that by te/her/thetr signature^ on the instrument the person(4, or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. Signature . OPTIONAL - Signature of Not<Q> Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document • r o o ( Title or Type of Document: ^ff.tfl.»>.tf»J1r U«. mW^Sts^U^ OC^ Document Date: Signer(s) Other Than Named Above: . Number of Pages: Capacity(ies) Claimed by Sianer(s) . Signer's Name: Vj ft ^ • I •***< tF\ ' 5?" Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ffl 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827