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HomeMy WebLinkAboutBeintema, Dawn; 2007-08-07;AGREEMENT FOR PROFESSIONAL TRAINING) SERVICES (Dawn Beintema) AGREEMENT is made and entered into as of the / _ day of 20^7- by and between the CITY OF CARLSBAD, a municipal corporatiotf, ("City"), and Dawn Beintema, a sole proprieter, ("Contractor"). RECITALS City requires the professional services of a Professional Training Consultant that is experienced in presenting career development programs 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 months from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be fifteen hundred dollars ($1 ,500.00) not to exceed sixteen hundred dollars (1 ,600.00) in total. 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. 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, City Attorney Approved Version #11.28.06 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 "By: . (print name/title) (e-mail address) (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor ATTEST: LORRAIN /ty Clerk »""//., £?*&', (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: RONAI \ City Attorney Deputy City Attorney City Attorney Approved Version #11.28.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ae»agis@s<§s@s@&@g!)^§s-^ State of California County of J> -4^ f stf&O On J><-sl'*/ 2c?i 2c<6>l. before me. Date "~~""\ personally appeared \^JK^^\ 4^gK TERESA UOWOGOH L Place Notary Seal Above }ss. Name and Title of Officer (e.g., "Jane Doe, Notary Public") O •£&?! 73»^(^f Name(s) of Signer(s) H^f personally known to me D proved to me on the basis of satisfactory evidence to be the person(sf whose name(-sO is/af(? subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi€/her/thetr authorized capacity(hgf), and that by hfs7her/th«ff signature($ on the instrument the person(«), or the entity upon behalf of which the person{$ acted, executed the instrument. —vyPTNESSrcryj hand arid .official seal. ^\ \ Signature of Notafy-Eublic — ' / ^--^ Though the information below /s 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 ___—.. - Title or Type of Document: .'^f&&5t?f7t £n 7 /-«?X f /£&££>'>>> /&1 --/-c //£/?M'"^> s£i<?tJC£.'£ •*-) _. _ -, Document Date: / " ^7^ ~ & / PSigner(s) Other Than Named Above: ^- ^ Capacity(ies) Claimed by Signer Signers 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: Sianer Is Representina: //Number of Pages: / *< & C/VC* &^ MA**^/,^ C,^ ATTf t >TT{ Ct*^* ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H RIGHT THUMBPKINT ^^^H ^^BI^^^^^I^^^^HIII^^^^^^^^^^^^H^^HH^^^^^^^^^I OF SIC^NFK ^^^1 Top of thumb here '3<$&<3GX$<^^ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswotth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 DAWN C. BE1NTEMA ORGANIZATION AND LEADERSHIP CONSULTING EXHIBIT "A" SCOPE OF SERVICES • Contractor will facilitate 2 four-hour training sessions on the subject of Mentoring. • Contractor will create materials and bring all presentations (PowerPoint) and any handouts to support presentation of material. On August 8, 2007 will present a half-day workshop on "How to Use and Find a Mentor" • Benefits of a Mentor • Determining the need for a Mentor • Identifying personal and professional growth needs • How to find the right Mentor • Process for requesting a Mentor • Set up your Mentor- Mentee relationship for success • Keeping motivated in your ongoing relationship • Knowing when to end your Mentor relationship A second half-day workshop to be given within the next six months, contractor will present a workshop on "How to Be an Effective Mentor." • Why should I be a Mentor? • What do Mentors do, and not do • Different kinds of Mentoring • Do I have to like my Mentee? • Meeting your Mentee's needs • Communicating effectively with your Mentee • Giving feedback to your Mentee • Making the most of the relationship These two workshops will be presented for a charge of $1500 plus expenses. 9774 Marky Way » La Mesa, C A « 91941 Phone (619) 697-8034 » E-Mail: Beintema@cox.net