Loading...
HomeMy WebLinkAboutMendes, Ernest; 2002-04-08;AGREEMENT FOR TRAINING AND MEDIATION.SERVICES Ernest Mendes THIS AGREEMENT is made and entered into as of the 8th day of corporation, ("City"), and Ernest Mendes, a training and mediation consultant service ("Contractor"). April , 202, by and between the CITY OF CARLSBAD, a municipal RECITALS Citv reauires the professional services of a training and mediation consultant that is experienced in providing training and mediation services. 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 two thousand, five hundred dollars ($2,500). 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. Except as to the sole negligence or willful misconduct of City, Contractor will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, damages, liability, expense or cost, including attorney's fees, which arises out of, or is in any way connected with the performance of the Services by Contractor or any of Contractor's employees, agents or subcontractors. 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 the Agreement. 6. Insurance. Contractor will obtain and maintain policies of commercial general liability 1 City Attorney Approved Version #04.11.01 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 Ci 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 Ci 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 Cii prior to City's execution of this Agreement. 7. of I-. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and Cis Conflict of Interest code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it subcontractors will complete and file with the City Clerk those schedules specified by Cii and be determined that disclosure is required, Contractor or Contractor's employees, agents, or contained in the Statement of Economic Interests Form 700. laws and regulations prohibiting discrimination and harassment and will obtain and maintain a Cii of Carlsbad Business License for the term of this Agreement. 8. ce With Laws. Contractor will comply with all applicable local, state and federal 9. Termination. Ci or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. Ci 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. v. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false daims as set forth in the Calimia False Claims Act, Government Code sections 12650, w, and Carlsbad Municipal Code Sections 3.32.025, m. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. and Jm. Contractor agrees and stipllates that the proper venue and jurisdiction for resobtion of any disputes between the parties arisng out of this Agreement is the State Superior CouR San Chego County, California. 12. -. 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 Ci. 13. This Agreement may be amended by mutual consent of Ci and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. m. 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 Attorney Approved Version w)4.11.01 2 CITY 0 CARLSBAD, a municipal - (sign here) Ervlr,t r/en&s CUXC - (print nameltitle) **By: ATTEST: (sign here) ,/'I - (print nameltitle) &L If required by City, proper notarial acknowledgment of execution by contractor must be attached. groups. -, Agreement must be signed by one corporate officer from each of the following two 'Group A. Chairman, Vice-president President, or '"Group 8. Assistant Secretary, Secretary, CFO or Assistant Treasurer Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: =City Attorney - . /r. &f&h%vU . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of GW ff/w personally appeared ma7 J. MmIIET Name(sj of Signer(s) " .. ., ,. Place Notary Seal Above q,proved to me on the basis of satisfactory 0 personally known to me evldence to be the person(& whose name(4 islad subscribed to the within instr ment and acknowledged to me that hekt It hz y executed the same in his/$r/tdr capacity(ie#), and that by signature(g on the instrument the person&), or the entity upon behalf of which the persong) acted, executed the instrument. Signature Of Nota" Public Though lhe informalion below is not required luable lo persons relying on the documenf and could prevenl fraudulent removal and reattachment of this form lo another documenl. Description of Attached Document Title or Type of Document: wTm7 Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual 0 Corporate Officer -Title@): C Partner - E. Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator & Signer Is Representing: @ 1997 Nallonal Notary Assooation. 9350 De Soto Ave., PO. Box 2402. ChBlSWOfih, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800~876-6627 " ,, A - Itemized List of what Contractor will do for City and at what price. Emotional Intelligence and Peak Performance Current research in organizations shows that what sets the star performers apart from others is a set of competencies known as emotional intelligence. Emotional intelligence can be learned and can improve over time (as opposed to traditional intelligence that is generally stable over time). The ability to manage one's emotions, thoughts, stress levels, and to effectively communicate with others is crucial to all bottom line results. These skills are at the heart of successful leadership, team performance, and organizational climate. Employees kd it important to possess an awareness of others' feelings and needs. This heightened awareness of others opens the doors to positive influence, resolving disagreements, and inspiring others. Emotional intelligence is valuable in managing ongoing organizational changes and evoMng environments, and it is also necessary for the collaboration and cooperation required to move toward shared goals. Participants will learn how to: build more effective relationships, decrease stress, and deal with difficult situations. They will experience the effects of a positive focus and learn a formula for resiliency and increased optimistic thinking. Participants will also learn key ways to build rapport with anyone. Fee: $2500. 4 Version 03/19/2002 ALLIED HEALTHCARE PROFESSIONAL AND SUPPLEMENTAL LIABILITY INSURANCE POLICY DECLARATIONS Policy Number: PHCP016542 Ernest J. Mendes 374 East H Strwt,Ste kPMB314 Chula Vista, CA 91910 Affiliation: CAMFT Professional Occupation: MARRIAGE&FAMILY Philadelphia Indemnity Insurance Company Administered by: CPH &Associates 727 S. Dearborn, Ste. 312 Chicago, IL 60605 Coverage Term Fm: (Effective Date) 02/01/02 To: (Expiratin Date) 02/01/03 at 12:Ol a.m. Standard Time at the Insured's Mailing Address shown above. Retroactive Date (if applicable): Premium (induding taxes): $184 Poky Forrns & Endorsements: PHCP-CA-1 PHCP-01(03/01) Authorized Signature Call the Administrator to Verify Claims History at 1-800-875-191 1