HomeMy WebLinkAboutPrisk Communication; 2007-09-04;AGREEMENT FOR SPECIALIZED TRAINING SERVICES
Prisk Communication
V_ day of
2007, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Jenni Prisk, d.b.a. PRISK COMMUNICATION, a sole proprietor,
("Contractor").
RECITALS
City requires the professional services of a presentation skills professional that is
experienced in communication 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 (1) year from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be ninety-five
hundred dollars ($9,500). 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. 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.
CITY OF CARLSBAD, a municipal
corporation of the State of California
*By:
(print name/title)
City Manager or Mayor
ATTEST:
(e-mail adOress)
(sign here)
(print name/title)
RRAIME\M. WO
ity ClerkJ
(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:
RONALD
Jeputy City Attorney
City Attorney Approved Version #11.28.06
Scope of Services prepared for the City of Carlsbad,
Prepared by Jenni Prisk,
Prisk Communication, August 26, 2007
A*
Half day (four hours) of Presentation skills, to include: relaxation exercises to build
confidence; videotape of short presentation to benchmark skills; instruction and practice
of effective delivery skills for a public presentation; delivery of speech for videotape,
utilizing the delivery skills; discussion of techniques required to successfully present to
the public.
All materials and videotaping are provided by Prisk Communication.
Number of Participants: up to 10
Fee: $1,500.00
(If the participants exceed 10, the fee for a half day is $1,750.00)
Full day (eight hours) of Presentation skills, to the include the half day above;
hi addition skills will be provided for development and delivery of dynamic visuals;
practice and management of the Q & A. One additional videotaped presentation will also
be included.
All materials and videotaping is provided by Prisk Communication.
This workshop will be provided for personnel who present to Planning and City Councils.
Number of Participants: up to 10
Fee: $3,000.00
(If the participants exceed 10, the fee for a full day is $3,500.00)
One-on-One Coaching: On an as-required basis by various personnel.
Fee: $200.00 per hour (which includes email follow up for a three month period)
Submitted by:
Jenni Prisk
8/26/07
Thank you.
CERTIFICATE OF EXEMPTION
FROM WORKERS COMPENSATION/ EMPLOYERS' LIABILITY INSURANCE
I, Jenni Prisk, am the President of Prisk Communication. I hereby certify that Prisk
Communication has no employees and is not required by law to maintain workers
compensation or employers' liability insurance. Should Prisk Communication employ
any person during the term of the Agreement with the City of Carlsbad for specialized
and communication training, then workers compensation and employers' liability
insurance will be obtained.
Executed on this <3>$ day of Pole/ 20^7 at ^Sa-fl DlCQO. California.
: Prisk Communication
CITY ATTORNEY APPROVED VERSION 09.05.01