HomeMy WebLinkAboutSAE Communications / Summerfield, Scott; 2010-03-05;AGREEMENT FOR PRESENTATION AND SPOKESPERSON TRAINING
SCOTT SUMMERFIELD
DOING BUSINESS AS
SAE COMMUNICATIONS
THIS AGREEMENT is made and entered into as of the _ day of
2(V<0 , by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Scott Summerfield, doing business as SAE Communications.
RECITALS
The City requires the professional services of a vendor who is experienced in presentation and
spokesperson training for local government agencies. The 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 six (6) months from the date first above
written.
3. Compensation and Travel Expenses. The total fee payable for the Services to be
performed and travel expenses shall not exceed twelve thousand eight hundred and fifty dollars
($12,850). Services performed shall be compensated at a fee of eleven thousand one hundred
and fifty dollars ($1 1 ,150). Travel and training material expenses shall not exceed one thousand
seven hundred dollars ($1,700). All travel expenses shall be pre-approved by the City's
Communications Manager before Contractor incurs expense. Contractor will provide all pre-
approved travel-related expense receipts to the City for reimbursement. No other compensation
for the Services or expenses 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. Subcontracting. Contractor will not subcontract any portion of the Services without prior
written approval of City. If Contractor subcontracts any of the Services to be performed under
this Agreement, Contractor will be fully responsible to City for the acts and omissions of
Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by
Contractor. Nothing contained in this Agreement will create any contractual relationship
between any subcontractor of Contractor and City. Contractor will be responsible for payment of
subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
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noted to the contrary in the subcontract and approved in writing by City.
Contractor shall require its subcontractor(s) to carry insurance coverages and specified limits as
set forth in Section 7 below.
6. Indemnification. Contractor agrees to indemnify, defend 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.
7. Insurance. Contractor and Contractor's sub-contractors will obtain and maintain policies
of commercial general liability 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 and Contractor's sub-contractors will furnish
certificates of insurance to the Contract Department, with endorsements to City prior to City's
execution of this Agreement.
8. 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.
9. 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.
10. 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.
11. 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
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seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
12. 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.
13. 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.
14. 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.
(Remainder of Page Intentionally Left Blank)
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15. 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
(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:
RONA City Attorney
J^eptrtyfCity Attorney^"
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Pre-training presentation research,four (4) hours
Contactor will review, via Granicus, a variety of staff reports at City Council meetings by up to
forty (40) city staff members who are participating in the training. Communications Department
staff will provide bookmarks on Granicus for appropriate presentations.
Large group trainings, two (2) at three (3) hours each on a single day
Contractor to present two (2) large group trainings for up to twenty (20) participants at each
training for a total of forty (40) participants. Each session will focus on key message
development and delivery, public presentation techniques, specific audience requirements and
other related issues. Contractor will provide instructional handouts for participants. Contractor to
assign participants to prepare a three (3) minute City Council presentation that incorporates key
messages and presentation techniques. Contractor will provide counsel to participants via
telephone as necessary during the preparation period prior to the second day of training.
Small group trainings, four (4) at one (1) hour and forty five (45) minutes each on a single
day
Contractor to present four (4) small group trainings with up to ten (10) participants at each
training for a total of forty (40) participants. Each small group session will focus on the
presentations of the staff reports that participants created at the large group trainings. Each
participant will be videotaped presenting their report and taking questions from the audience.
Contractor will pay back the videotape and participants will be debriefed with constructive,
supportive commentary. City will provide videotape recording and playback equipment and
video operator.
Contractor will provide recommendations to the Communication Manager for follow-up training.
Other Considerations
• All works submitted to and accepted by the city must be an original piece written by the
contractor.
• All works submitted by the contractor must be in standard U.S. English.
• All works must be submitted in Microsoft Word format and include a headline pertaining to
the work in bold. The work should appear in a non-bolded Calibri, 12 point font.
• All works must be written in AP style format
• Contractor's submissions to the city may not contain profanity, erotica or pornography
and/or the contractor's personal racial, political or religious views.
The City reserves the right to use all submitted works in current and or future forms of current
media and/or media to be developed. The fee for services rendered shall be a flat fee of eleven
thousand one hundred and fifty dollars ($11,150) plus travel and training material expenses that
shall not exceed one thousand seven hundred dollars ($1,700).
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