HomeMy WebLinkAboutJenni Prisk DBA Prisk Communication; 2008-03-19;AGREEMENT FOR PRESENTATION TRAINING SERVICES
WITH JENNI PRISK D.B.A. PRISK COMMUNICATION
LTHIS AGREEMENT is made and entered into as of the _ day of
2008, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Jenni Prisk doing business as PRISK COMMUNICATION,
("Contractor").
RECITALS
City requires the professional services of a person or entity that is experienced in
teaching presentation and communication skills to City employees via onsite training sessions.
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 (1) year from the date first
above written.
3. Compensation. The fee payable for the Services to be performed will be based on time
and materials as further set forth in Exhibit B Fee Schedule, attached hereto and incorporated
herein, and shall-not-exceed ten thousand dollars ($10,000). 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 (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
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insurance, automobile liability insurance, a combined policy of workers' compensation,
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.
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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.
CONTRAC CITYOFCAR.SBAH.a
*By:
(print name/title)
< sk
oration
ATTEST:
(e-ma/address)
'By:
(sign here)
««-—#•
LORRAIN
City Clerk
(print name/title)
(e-mail address)
If required by City, proper notary 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:
RONALD F&BAtOCity Attorney^ikS^
By:_
eputy City Attorney
City Attorney Approved Version #11.28.06
EXHIBIT "A"
SCOPE OF SERVICES
1. Contractor will provide coaching and training (collectively referred to as "Training") to staff at a City
facility designated by City. Contractor will provide individual or group Training sessions pursuant to
Exhibit B.
2. Contractor will provide Training instruction that will assist staff in developing confidence in the
area of public speaking and presentations. Instruction will included, but is not limited to different
breathing and relaxation techniques; how to effectively engage an audience; how to appropriately
convey a message through presentations; how to connect with your audiences by speaking slower
and enunciating words, both of which add clarity and better define their points. Contractor will
explain and enlighten staff as to what creates a well delivered, comprehensive, and
understandable presentation. Contractor will give insight into effective Question & Answer
sessions. Staff will learn the proper conduct and response for the Questions & Answer portion of
the City Council meeting. Through the Contractor's teaching, staff will know how to properly utilize
visuals (both physical and technological) to assist and enhance the overall presentation.
3. Contractor will, if requested, videotape staff speaking presentations during the Training sessions.
Often individuals who deliver presentations do several different movements or gestures
unconsciously that may be distracting to the audience. By utilizing video, staff will be able to see
their performance while the Contractor provides constructive criticism and feedback resulting in
staff improvements to their public speaking and presentations..
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EXIBIT "B"
FEE SCHEDULE
Without Video With Video
Individual Training
(one on one)
Per hour
Keynote Speeches
Per hour or part thereof
$200
(includes video)
Seminars
Per Hour
Half Day
Full Day
and Group Training
2-10 people
> 10 people
2-10 people
> 10 people
2-10 people
> 10 people
$350
$400
$1250
$1500
$2500
$3000
$400
$450
$1500
$1750
$3000
$3500
$2000
Cancellation Fees
7+ days notice
2-7 days notice
Less than 2 days
no fee
10%
25%
Travel Expenses
Transportation
Accommodation
Per diem
Travel time
(non-contract work days)
At cost
At cost
$50
$250/half day
City Attorney Approved Version #11.28.06