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HomeMy WebLinkAboutC-8411-2 - On-Call PSA for Writing Training ServicesN AMENDMENT NO. ONE TO 03 ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH S. BELISLE & ASSOCIATES FOR V WRITING TRAINING SERVICES THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 24th day of August, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STEVEN BELISLE, a sole proprietor doing business as ("DBA") S. BELISLE & ASSOCIATES ("Consultant"), whose address is 15241 Newcastle Lane, Huntington Beach, California 92647, and is made with reference to the following: RECITALS A. On December 1, 2020, City and Consultant entered into a Professional Services Agreement ("Agreement") for Writing Training Services ("Project'). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to November 30, 2025, update the Scope of Services and Schedule of Billing Rates, and to Amend Exhibit C. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2025, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." 4. INSURANCE Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in the Agreement shall hereafter refer to Exhibit C attached hereto. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] S. Belisle & Associates Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (Zze ;? 7 By: �-- Aaron C. Harp 1,7- 23 WC, City Attorney ATTEST: Date: ? ,� U� �.9 u. 1.�►11 We City Clerk CITY OF NEWPORT BEACH, a California municipal corpor tion Date: , t q • By: U'W Barbara J. Salvin Human Resources Director CONSULTANT: Steven Belisle, a sole proprietor doing business as ("DBA") S. Belisle & Associates Date: . LaZ� By: 'P % Stever elisle Sole Proprietor [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements S. Belisle & Associates Page 3 EXHIBIT A SCOPE OF SERVICES S. Belisle & Associates Page A-1 9) f. BELIILE & Business Writing Techniques AffOCIATU Business Writing Techniques is an 8-hour workshop providing participants with a firm grasp of the principles of plain language in government writing. Emphasis in the program is on developing skills to ensure the documents produced are communicating the message they intend and can be understood easily by the reader. Participants will focus on writing with accuracy, conciseness, and emphasis. This program will provide the participants with the opportunity to apply the principles and receive facilitator feedback on their job -related writing. Emphasis will be placed on specific writing assignments. Course Objectives • Profile the reader and target your message to his or her needs. • Compose documents using the ACE Principle TM: Accuracy, Conciseness, Emphasis. • Organize information in a document to suit the audience and purpose. • Incorporate editing techniques into the writing process. Duration: Two (2) 4-hour courses or One (1) 8-hour course Sample Agenda The Principles of Business Communication O Understanding Your Audience O Addressing Readability The ACE Principle TM of Business Writing O Accuracy: Saying the Right Thing O Conciseness: Eliminating the "Fat" From Your Writing O Emphasis: Using the Active Voice The Strategies of Development O Generating Ideas O Organizing Messages The Techniques of Editing and Proofreading O Troublesome Sentences O Biased Writing P.O. Box 5252 • W. Garden Grove, CA 92846-0252 • (562) 596-7882 ID f BELIILE G Email Strategies AffO(IATEJ Email Strategies is a 4-hour workshop designed for those whose use email technology as part of their business communication. The number of email users has grown drastically in the last several decades and is expected to continue growing at a rapid rate. The use of email serves to overcome the problems associated with the delivery of "snail" mail and the frustrations resulting from playing telephone tag. However, some writers forget email is just as important as regular correspondence. The quality of the writing leaves a definite impression on the reader. Course Objectives • Write a compelling/action-oriented subject line. • Create professional salutations for the internal and external reader. • Construct your document using an up-to-date, business email style. • Compose and edit emails using guidelines to ensure reader comprehension. • Identify major principles of business email etiquette. Duration: 4-hours Sample Agenda Medium and Message O Best Uses for Email as a Communication Tool O Characteristics of a Quality Email Message Make the Subject Line Compelling O Create an Action -Oriented Subject Line O Follow the Rules of Capitalization Address the Reader O Internal Messages O External Messages Consider How Much Background Your Reader Needs O Avoid the Never -Ending Email Trail O Click New Message if the Topic Changes Layout the Document Make Every Word Count O Eliminate Confusing Pronouns O Be Specific 71 Be Concise O Watch Your Tone Email Etiquette, Politics, and Organizational Policy P.O. Box 5252 • W. Garden Grove, CA 92846-0252 - (562) 596-7882 (D f BELIJLE & Today's Business English AffOUATEI Today's Business English is an 8-hour workshop focusing on the basics of business grammar and punctuation. The English language is a growing, flexible instrument. Its rules are constantly changing because of the way its speakers and writers use it. Only the rules of a dead language are fixed. To be a good writer, editor, or proofreader, you do not have to be an English major. You don't even need to know all the rules. However, if your written communication is to leave the professional image you want, you must use the conventions correctly. This workshop will provide you with the opportunity to learn and use some of these basic conventions. It will also introduce you to some of the recent changes in punctuation, capitalization, and style. Course Objectives • Eliminate agreement problems from your writing. • Identify and correct your writing for errors in sentence structure. • Use 14 common punctuation marks correctly. • Ensure you follow the standard usage for capitalization, numbers, bullets, symbols, and parallelism. Duration: Two (2) 4-hour courses or One (1) 8-hour course Sample Agenda The Rules of Grammar O Introducing the Eight Parts of Speech O Ensuring Subject -Verb and Noun -Pronoun Agreement The Sense of Sentences O Interweaving the Four Sentence Patterns O Avoiding Sentence Fragments O Correcting Run -On Sentences O Fixing Comma Splices The Rules of Punctuation O The Terminal Marks O The Internal Marks The Finer Points O Capitalization O Numbers O Parallelism O Bullets P.O. Box 5252 e W. Garden Grove, CA 92846-0252 • (562) 596-7882 ED A BEIIIIE L AIJOCIATEJ Techniques of Technical Writing Techniques of Technical Writing is an 8-hour course for the writer who needs to define technical terms, describe objects, describe processes, and give instructions. The focus of this program is on developing skills to ensure the technical documents you produce are communicating the intended message. Topics covered include a nine -step approach to technical writing. Course Objectives • Use the four basic elements of technical writing. • Explain technical information to different audiences. • Create a technical document using a multi -step process. • Improve on the basic writing skills essential to your documents. • Select appropriate visual aids to explain complex ideas. Duration: Two (2) 4-hour courses or One (1) 8-hour course Sample Agenda Introduction to Technical Writing A Nine -Step Approach to Technical Writing 0 A Place to Start: Three Stages of Writing O Step 1: Understand the Four Basic Elements O Step 2: Analyze Your Audience • Levels of Formality • Tips for Adapting Your Documents to Your Audience 0 Step 3: Define Your Purpose • Start With Your Main Point • Develop Your Purpose 0 Step 4: Generate Ideas 0 Step 5: Group the Information 0 Step 6: Sequence Your Thoughts • Consider the Reader's Reaction • Use an Appropriate Development 0 Step 7: Write a Draft • Use the ACE TM Principle • Follow the Rules of Grammar and Punctuation 0 Step 8: Enhance With Visuals O Step 9: Revise Ruthlessly P.O. Box 5252 • W. Garden Grove, CA 92846-0252 • (562) 596-7882 9) f BELIILE G. Business Writing Boot Camp AIIOCIATU Business Writing Boot Camp is an 8-hour intensive training designed to give participants a firm grasp of the principles of effective business writing and modern business English. The program will provide the participants with the opportunity to apply the principles and receive facilitator feedback on their job -related writing. The focus of this program is on developing participant skills to ensure their documents are communicating the message intended. Emphasis will be placed on specific writing assignments. Course Objectives • Analyze your audience and target your message to the audience's needs. • Edit your documents following the standard use of grammar and punctuation. • Apply the principles of accuracy, conciseness, and emphasis. • Develop your documents focusing on the reader's reaction. • Create professional emails, using an up-to-date business style. Duration: 8-hours Sample Agenda The Beginning: The Principles of Business Communication O Communication Model: Minimizing Miscommunication O The Audience: Targeting Your Message O Reading Level: One Method of Calculating The Tools: The ACE Principle" O Accuracy: Tools for Refining Your Writing O Conciseness: Techniques for Being Brief and Thorough O Emphasis: Active vs. Passive Voice The Rules: Grammar and Punctuation O Composing Sentences and Avoiding Problem Sentences O Reviewing the Rules of Punctuation 0 Polishing the Finer Points of Style The Techniques: Development and Organization 0 Organizing Messages: Consider the Reader's Reaction O Developing Emails: Communicate With Professionalism P.O. Box 5252 • W. Garden Grove, CA 92846-0252 • (562) 596-7882 J f BELVLE & Editing and Proofreading AJIOOATU Editing and Proofreading is an 8-hour program that provides participants with a quick and easy review of the basic mechanics of proofreading and editing. The program focuses on the skills necessary to identify and correct typographical errors. Additional emphasis is placed on finding and correcting basic grammar and spelling errors. The program stresses organization and structure consistent with standard formats. Course Objectives • Make you aware of the changes and trends in today's English. • Improve your skills in the basic tools of business writing. • Polish your editing and proofreading skills. Duration: Two (2) 4-hour courses or One (1) 8-hour course Sample Agenda Introduction and Pretest O Workshop Objectives O The Principles of Editing and Proofreading The Techniques of Proofreading O Proofreading for Keyboarding Errors O Proofreading for Style: Capitalization, Plurals, and Possessives O Proofreading for Correct Punctuation O Proofreading for Proper Grammar The Components of Editing for Content O Audience O Purpose 13 Organization/Strategy O Clarity P.O. Box 5252 • W. Garden Grove, CA 92846-0252 • (562) 596-7882 9) f 6ELIILE & Writing Executive Summaries AIIOCIATEI Writing Executive Summaries is a 4-hour course designed to give the participants the skills to summarize the main points of a longer document. Emphasis in the program is on ensuring the reader has a "stand-alone" document that highlights key issues, analyzes the situation, and provides a recommendation based on the analysis. Additional focus will be on producing executive summaries that communicate the intended message and can be understood easily by the reader. Participants will focus on writing with accuracy, conciseness, and emphasis. The program will provide the participants with the opportunity to apply the principles and receive facilitator feedback on their job -related writing. Emphasis will be placed on specific writing assignments. Course Objectives • Apply an efficient process for planning and organizing complex information. • Extract relevant and important information from a longer document. • Ensure all summaries meet business objectives, engage the audience, and support information flow. • Compose executive summaries using the ACE Principle TM: Accuracy, Conciseness, and Emphasis. Duration: 4-hours Sample Agenda Understanding the Reason for an Executive Summary O An Executive Summary: What Should It Include O The Target Audience: Who Is the Reader O The Summary's Purpose: What Is Your Document's Key Message Structuring the Executive Summary O Deciding What Type of Structure to Use O Using Techniques to Sequence and Organize Information O Presenting Information to Support Your Conclusion Making Your Writing Persuasive O Defining What Makes Writing Persuasive O Understanding the Difference Between Persuading and Selling O Introducing the Techniques of Persuasive Writing Using the ACE Principle TM of Business Writing O Accuracy: Tools for Refining Your Writing O Conciseness: Techniques for Verbal Dieting O Emphasis: Active vs. Passive Voice P.O. Box 5252 • W. Garden Grove, CA 92846-0252 • (562) 596-7882 ED f 5ELIlLE & Writing Standard Operating Procedures AIJOUATEI Writing Standard Operating Procedures is an 8-hour workshop designed to teach participants how to create effective step-by-step instructions. The program will provide the opportunity to apply the principles and receive facilitator feedback on job -related writing. The focus of this program is on developing participant skills to ensure their standard operating procedures (SOPs) are clearly worded and easy to read. Emphasis will be placed on specific writing assignments and customized to organizational templates. Course Objectives • Analyze the audience and target the SOP to the audience's needs. • Understand standards for procedure writing, including typical components of documents and using organizational templates. • Use the ACE Principle of Technical WritingTM: accuracy, conciseness, and emphasis. • Edit documents to avoid common errors in grammar, punctuation, and sentence structure. Duration: Two (2) 4-hour courses or One (1) 8-hour course Sample Agenda Understanding Standard Operating Procedures O Reasons for Writing SOPs O Components of SOP Development 0 Process of Developing an SOP 0 Organizational Needs for SOPs Using a 13-Step Approach to SOP Writing O A Place to Start: Three Stages of Writing \ O Step 1: Understand the Four Basic Elements of Technical Writing 0 Step 2: Analyze Your Audience O Step 3: Define Your Purpose 0 Step 4: Generate Ideas 0 Step 5: Group the Information 0 Step 6: Sequence Your Standard Operating Procedure 0 Step 7: Write a Draft 0 Step 8: Enhance With Visuals O Step 9: Revise Ruthlessly 0 Step 10: Test Drive Your Standard Operating Procedure 0 Step 11: Define Measures for Success 0 Step 12: Plan for Updates 0 Step 13: Finalize and Implement P.O. Box 5252 • W. Garden Grove, CA 92846-0252 • (562) 596-7882 EXHIBIT B SCHEDULE OF BILLING RATES S. Belisle & Associates Page B-1 EXHIBIT B - SCHEDULE OF BILLING RATES Electronic Materials Course Title Course Virtual Rate Materials Fee In -Person Fee for Length for Virtual Rate In -Person Course Course Business Writing 8 hours $2,000 $10 per $2,500 $25 per Techniques participant participant E-Mail Strategies 4 hours $1,000 $10 per participant $1,250 $25 per participant Today's Business English 8 hours $2,000 $10 per participant $2,500 $25 per participant Techniques of Technical 8 hours $2,000 $10 per $2,500 $25 per Writing participant participant Business Writing Boot 8 hours $2,000 $10 per $2,500 $25 per Camp participant participant Editing and Proofreading 8 hours $2,000 $10 per participant $2,500 $25 per participant Writing Executive 4 hours $1000 $10 per $1,250 $25 per Summaries participant participant Writing Standard 8 hours $2,000 $10 per $2,500 $25 per Operating Procedures participant participant EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. S. Belisle & Associates Page C-1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. S. Belisle & Associates Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. S. Belisle & Associates Page C-3 H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. S. Belisle & Associates Page C-4 `` 2 207 L+ 32 ® C 4 Search Insured Name S. Belisle & Associates (FV00000372) Q S. Belisle & Associates (FV00000372) Active Records Only Advance Search Insured Tasks Admin Tools View Insured Notes History Deficiencies Coverages Requirements Add Edit Help Video Tutorials 11t Insured Name: Account Number: Address: Status: Insured S. Belisle & Associates FV00000372 15241 Newcastle Lane, Huntington Beach, CA, 92647 Compliant with Waived Deficiencies. Business Unit(s) Print Insured Info Account Information Account Number: Risk Type: Do Not Call: Address Information Mailing Address Insured: Address 1: Address 2: City: State: Zip: Country: re%ntrar4 1 nfnrma+inn FV00000372 Maintenance/Repair Services Agreement S. Belisle & Associates 15241 Newcastle Lane Huntington Beach CA 92647 Address Updated: Physical Address lv ON-CALL PROFESSIONAL SERVICES AGREEMENT V WITH S. BELISLE & ASSOCIATES FOR WRITING TRAINING SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 1st day of December, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STEVEN BELISLE, a sole proprietor doing business as ("DBA") S. BELISLE & ASSOCIATES ("Consultant'), whose address is 15241 Newcastle Lane, Huntington Beach, California 92647, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide writing training services ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows.- 1. ollows:1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2023, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy Five Thousand Dollars and 00/100 ($75,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. S. Belisle & Associates Page 2 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steven Belisle to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Human Resources Department. City's Human Resources Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. S. Belisle & Associates Page 3 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, S. Belisle & Associates Page 4 subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. S. Belisle & Associates Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. S. Belisle & Associates Page 6 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return S. Belisle & Associates Page 7 that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Human Resources Director Human Resources Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 S. Belisle & Associates Page 8 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steven Belisle S. Belisle & Associates 15241 Newcastle Lane Huntington Beach, CA 92647 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. S. Belisle & Associates Page 9 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Inteqrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. S. Belisle & Associates Page 10 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] S. Belisle & Associates Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: // //v 7z C. Ci ATTEST: Date: Ar -own City Clerk CITY OF NEWPORT BEACH, a California mici corporation Date: �� �°�al 74)" B Y: LAM %%►o0jlti0 Barbara J. Salvini Human Resources irector CONSULTANT: Steven Belisle, a sole proprietor doing business as ("DBA") S. Belisle & Associates By: I .. - - Steveelisle Sole Proprietor [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements S. Belisle & Associates Page 12 EXHIBIT SCOPE OF SERVICES Consultant shall provide training courses on an as -needed or on-call basis. Course topics shall include those listed in this Exhibit A. At City's request, Consultant may develop and provide other writing -related training workshops. Today's Business English Today's Business English is a four (4) hour program. The course will provide participants with a quick and easy review of the basic mechanics of good writing. Emphasis in the program is on identifying and correcting the common grammatical mistakes, applying practical punctuation rules, and discussing changes in grammar and punctuation that have taken place over the last decade. This workshop is designed for those participants seeking a review of the mechanics, as well as those students merely looking for a review and refresher. Length of Program: 4 hours Facilitator: Steven P. Belisle Objectives: • To help the participants identify and correct their writing for errors in sentence structure; • To give the participants the skills to eliminate agreement problems; • To familiarize the participants with the proper use of the 13 common punctuations marks; and • To help the participants polish skills in capitalization, numbers, and parallel structure. Methodology: This is a hands-on workshop. Methodology used includes: • Instructor presentation; • Classroom participation; • Individual exercises; and • Small group activities. Class Size: Maximum of 20 participants per workshop. Materials: All participants will receive customized workbooks and handout materials. S. Belisle & Associates Page A-1 Writina for the Public Writing for the Public will give the participants a firm grasp of the principles of plain language in government writing. Emphasis in the program is on developing skills to ensure the documents produced are communicating the message they intend and can be understood easily by the reader. Participants will focus on writing with accuracy, conciseness, and emphasis. The program will provide the participants with the opportunity to apply the principles and receive facilitator feedback on their job-related writing. Emphasis will be placed on specific writing assignments. Length of Program: 4 Hours Size of Workshop: Maximum of 20 participants per program Facilitator: Steven P. Belisle Objectives: • Demonstrate the ability to profile the reader and target your message to his or her needs; • Compose documents using the ACE Principle: Accuracy, Conciseness, and Emphasis; • Organize information in a document to suit the audience and purpose; and • Edit documents to reflect proper grammar and punctuation. Methodology: This is a hands-on workshop. Methodology used includes: • Instructor presentation; • Classroom participation; • Individual exercises; and • Small group activities. Class Size: Maximum of 20 participants per workshop. Materials: All participants will receive customized workbooks and handout materials. S. Belisle & Associates Page A-2 Business Writing Techniques: How to Write Letters, Memos, and E -Mail This workshop is designed to give participants a firm grasp of the principles of effective business writing. The program will provide the participants with the opportunity to apply the principles and receive facilitator feedback on their job-related writing. The focus of this program is on developing participant skills to ensure their documents are communicating the message intended. Emphasis will be placed on specific writing assignments. Length of Program: 8 to 16 hours Facilitator: Steven P. Belisle Objectives: • To provide participants with the skills necessary to produce quality letters, memos, and e-mail-, • To improve the participants' mastery of the ACE Principle of Effective Business Writing, as it applies to their on-the-job writing; • To increase the participants' ability to edit their own written communication; • To help the participants develop an effective business writing style; and • To help the participants improve the quality of their written communication, while decreasing the time investment they make in writing. Methodology: This is a hands-on workshop. Methodology used includes: • Instructor presentation; • Classroom participation; • Individual exercises; and • Small group activities. Materials: All participants will receive customized workbooks, copies of Jan Venolia's Write Right: A Desktop Digest of Punctuation, Grammar, and Style, and handout materials. Number of Participants: Maximum of 15 per workshop S. Belisle & Associates Page A-3 E-Mail: Strategies for Writing Messages With Impact This workshop is a four (4) hour workshop designed for those whose use e-mail technology as part of their business communication. The number of e-mail users has grown drastically in the last decade and is expected to continue growing at a rapid rate. The use of e-mail serves to overcome the problems associated with the delivery of "snail" mail and the frustrations resulting from playing telephone tag. However, some writers forget e-mail is just as important as regular correspondence. The quality of the writing leaves a definite impression on the reader. This half-day workshop focuses on the strategies for writing e-mail messages with impact. Length of Program: 4 hours Facilitator: Steven P. Belisle Objectives: • Help participants apply a simple structure to their e-mail that plugs into any writing; • Help participants compose and format e-mail messages to make the most of what the technology offers; • Help participants use simple writing tools to ensure reader comprehension; and • Help participants write e-mail that works. Methodology: This is a hands-on workshop. Methodology used includes: • Instructor presentation; • Classroom participation,- 9 articipation; • Individual exercises; and • Small group activities. Materials: All participants will receive customized workbooks, copies of Jan Venolia's Write Right: A Desktop Digest of Punctuation, , Grammar, and Style, and handout materials. Number of Participants: Maximum of 15 per workshop S. Belisle & Associates Page A-4 Sharpening Your Basic Writing Skills: An Update on Grammar and Punctuation This workshop is designed to provide participants with an easy review of the basic mechanics of good writing. The focus of the program is on identifying and correcting the common problem areas. This workshop is designed for those participants seeking a review of the mechanics, as well as those students merely looking for a review and refresher. Length of Program: 8 hours Facilitator: Steven P. Belisle Objectives: • To help the participants identify and correct their writing for errors in sentence structure, • To give the participants the skills to eliminate agreement problems; • To familiarize the participants with the proper use of the 13 common punctuations marks; and • To help the participants polish skills in capitalization, numbers, and parallel structure. Methodology: This is a hands-on workshop. Methodology used includes: • Instructor presentation; • Classroom participation; • Individual exercises; and • Small group activities. Materials: All participants will receive customized workbooks, copies of Jan Venolia's Write Right: A Desktop Digest of Punctuation, Grammar, and Style, and handout materials. Number of Participants: Maximum of 15 per workshop S. Belisle & Associates Page A-5 Proofreading and Editing: Finding and Correcting Mistakes This workshop provides participants with a quick and easy review of the basic mechanics of proofreading and editing. The program focuses on the skills necessary to identify and correct typographical errors. Additional emphasis is placed on finding and correcting basic grammar and spelling errors. The program stresses organization and structure consistent with standard formats. Length of Program: 8 hours Facilitator: Steven P. Belisle Objectives: • To familiarize the participants with the changes and trends in today's business English; • To improve the participants' skills in the basic tools of business writing; and • To polish the participants' editing and proofreading skills. Methodology: This is a hands-on workshop. Methodology used includes: • Instructor presentation; • Classroom participation; • Individual exercises; and • Small group activities. Materials: All participants will receive individual workbooks; and all handout materials, plus a copy of Jan Venolia's Write Right.- A Desktop Digest of Punctuation, Grammar, and Style, for each participant. Number of Participants: Maximum of 15 per workshop S. Belisle & Associates Page A-6 EXHIBIT B SCHEDULE OF BILLING RATES Belisle & Associates Page B-1 Electronic In - Course Title Course Virtual Materials Fee for person Materials Fee for Length Rate Virtual Course In-person Course Rate Course Today's Business 4 hours $1,250 $10 per $1,750 $35 per English participant participant Writing for the 4 hours $1,250 $10 per $1,750 $35 per Public participant participant Business Writing Techniques: How to 8 hours to $2,500 to $10 per $2,500 to $35 per Write Letters, 16 hours $5,000 participant $5,000 participant Memos, and E -Mail E -Mail: Strategies for Writing 4 hours $1,250 $10 per $1,750 $35 per Messages With participant participant Impact Sharpening Your Basic Writing Skills: per $35 per An Update on 8 hours $2,500 participant $2,500 participant Grammar and Punctuation Proofreading and $1 per $35 per Editing: Finding and 8 hours $2,500 participant $2,500 participant Correcting Mistakes Belisle & Associates Page B-1 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. S. Belisle & Associates Page C-1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. S. Belisle & Associates Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. S. Belisle & Associates Page C-3 H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. S. Belisle & Associates Page C-4 Mackinen, Traci From: Customer Service <customerservice@ebix.com> Sent: Tuesday, February 09, 20215:49 PM To: tmackinon@newportbeachca.gov; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000372 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000372 S. Belisle & Associates Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.