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HomeMy WebLinkAboutFranklin Covey Client Sales Inc; 2012-04-11;FRANKLINCOVEY CLIENT SALES, INC. SINGLE EVENT ON-SITE AGREEMENT This Agreement is entered into as of the date given below (the "Effective Date") by and between FRANKLINCOVEY CLIENT SALES, INC., a Utah corporation whose address is 2200 West Parkway Blvd., Salt Lake City, Utah 84119 ("FranklinCovey") and the following organization ("Client"): Organization: City of Carlsbad Contact Person: Rebecca Melillo Address: 1200 Carlsbad Village Drive Telephone: 760-602-2442 City, State, ZIP: Carlsbad, CA 92008-7314 Email Address: rebecca.melillo(5)carlsbadca.gov Workshop/Event Logistics Title: "Focus: Achieving Your Highest Priorities" Date(s): 6/6/12 Time: 8:30am - 4:30pm Location: Kindly Confirm Consultant(s): Dave Knapp er Participants: 15 Fees and Participant Materials Consultant Fees: Dave Knapper $3,850 per day Participant Materials: Item Oty Price Focus Participant Kit 15 $88 Each Franklin Planner Starter Kit - 15 $70 Each Preassembled Please Note: In order to secure the date(s) given above and ensure timely delivery of participant materials, a fully-executed copy ofthis Agreement must be returned to your Client Service Coordinator via email or fax within fifteen (15) days of receipt. Terms and Conditions Payment Terms: FranklinCovey shall invoice Client for all fees and costs associated with the workshop/event, including shipping and handling, sales and use taxes (unless Client submits proof of its tax-exempt status to FranklinCovey), and, if applicable. Consultant's reasonable travel expenses. All shipments are FOB Shipping Point Client shall pay the invoiced amount within thirty (30) days of the invoice date. FranklinCovey agrees to abide by the terms of Client's travel policy attached hereto as Exhibit 2 Cancellation/Rescheduling Fees: Fifteen (15) calendar days' notice is required to cancel or reschedule a workshop/event. If Client provides fewer than fifteen days' notice. Client will be billed a cancellation fee of 75% or a rescheduling fee of 25% of the base fee or consulting fee to cover costs incurred by FranklinCovey. Client will not be assessed a cancellation/rescheduling fee for any workshop/event canceled or rescheduled by FranklinCovey. Facilities: Client shall be responsible for providing an appropriate classroom for scheduled workshop/event and to furnish the classroom with audio/visual equipment required by FranklinCovey in the attached "Room Arrangement" sheet (Exhibit 1) and all costs associated therewith. Copyright: FranklinCovey owns all intellectual property rights, proprietary rights and copyrights to all workshop concepts and materials. Any unauthorized use, reuse, copying, reproduction, recording, transmittal, modification or revision of such materials or concepts of the scheduled workshop/event or any portion thereof is expressly prohibited and shall constitute a breach ofthis Agreement and/or federal copyright law. The workshop materials provided herein are intended for personal use only by the participant Nothing in this Agreement implies a grant of license for Client to use the workshop concepts and materials outside of the scope of this Agreement Client agrees that neither it nor its employees shall have the right to re-sell any Workshop Materials. 1 This Agreement is subject to credit approval by FranklinCovey's Credit Department. Recordings: Client shall not make or allow to be made any audio and/or video recordings ofthe workshop or event Client shall inform the audience and otherwise take reasonable actions to insure that no recordings ofthe workshop or event are made. Substitution of Instructor: If for any reason the scheduled instructor is unable to conduct the workshop/event, FranklinCovey will provide a substitute instructor or, at Client's option, reschedule the workshop/event In the case ofa cancellation or rescheduling by FranklinCovey, Client will not be charged a cancellation/rescheduling fee. Returning Participant Materials: FranklinCovey will extend a refund for unused participant materials returned within thirty (30) days of purchase or workshop training date. Customized products, online profiles, and online learning modules are not eligible for refund. Electronic and software products must be returned within fourteen (14) days of purchase or workshop training date in the original, unopened packaging for refund. All materials carry an unconditional guarantee against any manufacturing defect for one (1) full year. Workshop Guarantee: FranklinCovey is committed to providing a quality training experience for every participant who attends a FranklinCovey workshop. Should a workshop fail to meet the Client's expectations for any reason, the Client will not be invoiced for the program. Entire Agreement: This Agreement represents the entire understanding between the parties and supersedes all prior agreements, whether written or oral, relating to the subject matter hereof. In the event any terms contained in any subsequent purchase order (or similar document) sent or received in connection with this Agreement are inconsistent with the terms of this Agreement the terms of the Agreement shall prevail. Modification of Agreement: All amendments or modifications to this Agreement must be in writing signed by the parties hereto. The person executing this Agreement warrants that they have the authority to bind Client. Affirmative Action/Equal Opportunity Employer: FranklinCovey complies with the EEO clause of EO 11246 as amended, and 41 CFR 60-741.4 and 41 CFR 60-250.4. Force Majeure: Neither Client nor FranklinCovey shall be required to perform any term, condition, or covenant ofthis Agreement so long as such performance is delayed or prevented by acts of God, material or labor restriction by any governmental authority, civil riot floods, hurricanes, or other natural disasters, or any other cause not reasonably within the control of Client or FranklinCovey. Governing Law: This Agreement shall be governed in accordance with the laws ofthe State of California. In the event that any action is necessary to enforce the terms of this Agreement the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, whether or not any suit is filed. Effective Date: 4/11/12 FranklinCovey Client Sales, Inc. Signature: By: Title: Email: Fax: Client Partner: Job Number: City ofCarlsbad Signature: / ^ifffael Bettm Director, Legal Michael.Bettin(q) franklincovey.com (801) 817-0630 Debra Larson 10107083 Title: -H/L "^{iti^arvrt. Email: WU^. CifU-il (^(>r kUi £a.^ Fax: Q>o j^^. i(q!^ APPROVED AS TO FOftM This Agreement is subject to credit approval by FranklinCovey's Credit Department. FranklinCvOvey. Exhibit 1 'Tocus: Achieving Your Highest Priorities' Preferred Room Set-up and Equipment Requirements Facilities and Equipment Checklist a Large room for workshop • Two 3' X 6' tables for consultant area • Classroom set-up: 6' x 18" or 8' x 18" tables set up end-to-end (with a small walk space between tables) and a chair for each participant • One 6' X 6' projection screen (8' x 8' for larger groups) • One (1) easel chart stand • 2-3 easel chart pads and colored markers (3M self-stick chart pads preferred) • Power strip and extension cord that safely reach a power outlet near the head table for Consultant's laptop and LCD projector • LCD Projector (Confirm availability with FranklinCovey Consultant) • Laptop Audio Patch to connect Consultant's laptop to house audio speaker system (Confirm availability with FranklinCovey Consultant) • One cordless lavaliere microphone for groups of 30 or more participants • Ice water and trash receptacle for Consultant • Onlv one materials table is required. It may be placed m any one of the four locations shown as dotted lines. Revised 2/2007 Exhibit 2 Travel Pohcy See attached 4 This Agreement is subject to credit approval by FranklinCovey's Credit Department. Exhibit 2 CITY OF CARLSBAD Policy No. 2 (Page 1 of 5) COUNCIL POLICY STATEMENT Date Issued 04/04/06 Effective Date 04/04/06 General Subject: TRAVEL POLICY Cancellation Date Supersedes No. 3 (Dated 12/14/99) Specific Subject: Copies to: City Council, City Manager, City Attomey, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish a policy to be followed by Council Members, other elected officials, commission/board members, and all City employees when traveling on City business. This policy supersedes all other travel policies. BACKGROUND: Occasionally, it is necessary for City personnel to attend meetings, travel outside the City to conduct City business, and attend conferences, seminars and training sessions. Various modes of transportation are available and other associated costs vary considerably. The City Council has adopted a policy to control the costs involved, and to compensate individuals for actual necessary expenses related to travel and meetings. DEFINITIONS: Citv Business Travel shall be defined as travel which requires elected officials, members of a commission or board, or City employees to conduct specific items of City business away from their normal place of business. Citv Emplovee means any person regularly employed by the City, excluding elected officials and members of commissions, committees, authorities or boards. Commissioner shall mean any person appointed by the City Council to an established board, committee, authority or commission. Out-of-State Travel includes all costs related to business travel outside the State of Califomia. In-State Travel includes all costs related to business travel within the State of Califoraia. Miscellaneous Meals/Mileage includes all miscellaneous costs not directly attributable to conferences or training, such as travel to other City facilities. Exhibit 2 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: TRAVEL POLICY specific Subject: PolicyNo. 2 (Page 3 of 5^ Date Issued 04-04-06 Effective Date 04-04-06 Cancellation Date Supersedes No. 3 (Dated 12/14/99) Copies to: City Council, City Manager, City Attomey, Department and Division Heads, Employee Bulletin Boards, Press, File POLICY IN GENERAL (Continued): The IRS also requires that if the expenditures are not substantiated with the above information, they may be considered "wages" subject to payroll tax withholding. The use of a City credit card for payment of business meals and entertainment does not preclude the requirement to complete and submit an expense report. 7. Travel advances to City employees need to be substantiated or reimbursed as soon as possible upon completion of trip (nonnally vdthin 30 days). If the expense report is not filed timely, any travel advances may be subtracted from the employee's payroll check. No further City funds will be advanced for travel until the employee files his/her outstanding expense report. 8. Administration of this policy will be as directed fi-om time to time by the City Manager. TRANSPORTATION: 1. Use of air, train, private automobile, or other mode of public transportation shall be selected on the basis ofthe least total cost to the City after all expense items are tabulated, including travel time salary costs. 2. When the use of a private automobile to destinations within 200 miles of the City Umits is approved, mileage reimbursement shall be at the rate then currently prescribed by IRS regulations. Individuals with an auto allowance will not receive mileage reimbursements for trips within 200 miles of the City limits. However, use of City-owned vehicles is allowed for travel within 200 miles of the City limits. If use of a private automobile to destinations beyond 200 miles is approved by the City Manager or his/her designee, including those individuals with an auto allowance, reimbursement shall not exceed the cost ofa round trip coach or equivalent class air fare. Exceptions are subject to approval by the City Manager or his/her designee (such as in cases where required items to be transported are not allowed on any mode of public transportation). Such reimbursement shall be computed based on the mileage from the normal work location to the final destination. For the purpose of determining personal vehicle mileage reimbursement, the designated normal work location for each City employee is the place where that employee spends the largest portion of his/her regular workday or working time, or the place to which he/she retums upon completion of regular or special assignments. The cost of the daily commute to the office is the employee's responsibility. 3. When the use of public air carrier is approved, the City shall pay the lowest available fare at the time the reservation is booked. Upgrades to a higher class of air service will be at the employee's expense. Exhibit 2 CITYOFCARLSBAD PoHcy No. 2 (Page 5 of 5) COUNCIL POLICY STATEMENT Date Issued 04-04-06 Effective Date04-Q4-06 General Subject: TRAVEL POLICY Cancellation Date Supersedes No. 2 (Dated 12/14/99) Specific Subject: Copies to: City Council, City Manager, City Attomey, Department and Division Heads, Employee Bulletin Boards, Press, File MEALS AND INCIDENTAL EXPENSES (Continued): 3. The City will not reimburse the cost of alcoholic beverages. 4. Reasonable amounts for tipping will be reimbursed, however, reimbursement for tips will not be made in excess of 20%.