HomeMy WebLinkAboutHR Consultant Kathy Drury-BogleTHIS AGREEM
Meridian, a municipal co.
referred to as "CITY", 33
DRURY-BOGLE CONS
CONSULTING, LLC", 4
AGREEMENT
FOR
PROFESSIONAL SERVICES
lT, made this 1st day of October, 2018, by and between the City of
ration organized under the laws of the State of Idaho, hereinafter
est Broadway Avenue, Meridian, Idaho 83642, and KATHY
TING, LLC, hereinafter referred to. as "KATHY DRURY-BOGLE
S. Pinerest Way, Boise, Idaho 83716.
1, Scope of Sei vices: KATHY DRURY-BOGLE CONSULTING, LLC shall
perform all s rvices, and comply in all respects, as specked in the document titled
"Scope. of Services" a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference, together with any amendments that may be
agreed to in riting by the parties,
2. Time of Performance: This agreement shall become effective upon execution by
both parties, land shall expire on September 30, 2019 unless earlier terminated or
extended.
3. Indemnific bion and Insurance: KATHY DRURY-BOGLE CONSULTING,
LLC shall inlemnify and save and hold harmless CITY from and for any and all
losses, claim, actions, judgments for damages, or injury to persons or property
and losses and expenses caused or incurred by KATHY DRURY-BOGLE
CONSULT G, LLC, its servants, agents, employees, guests, and business
invitees, and caused by or arising out of the tortuous conduct of CITY or its.
employees. THY DRURY-BOGLE CONSULTING, LLC shall maintain, and.
specifically agrees that it will maintain, throughout the tern of this Agreement,
liability ins ante, in which the CITY shall be named an additional insured in the
minimum alount as specified in the Idaho Tort Claims Act set forth in Title 6,
Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a
limitation of the .covenants to indemnify and save and hold harmless CITY; and if
CITY becomes liable for an amount in excess of the insurance limits, herein
provided, I THY DRURY-BOGLE CONSULTING, LLC covenants and agrees
to indemnify and save and hold harmless CITY from and for all such losses,
claims, actio is, or judgments for damages or liability to persons or property.
Additionally KATHY DRURY-BOGLE CONSULTING, LLC shall maintain
Workers Co pensation Insurance, in the statutory limits as required bylaw.
KATHY D Y-BOGLE CONSULTING, LLC shall provide CITY with a
Certificate o r Insurance, or other proof of insurance evidencing KATHY
DRURY-B GLE CONSULTING, LLC's compliance with the requirements of
this paragra h and file such proof of insurance with the CITY. In the event the
insurance m' urns are changed, KATHY DRURY-BOGLE CONSULTING,
LLC shalltil
ediately submit proof of compliance with the changed limits.
Evidence insurance shall be submitted to the City Cleric with a copy to
Human Resources Consulting Ag+ment - KATHY DRURY-BOGLS CONSULTING, LLC — page 1 of 5
City Council Meeting Agenda November 13, 2018 — Page 90 of 173
Meridian City Human Resources, 33 East Broadway Avenue, Suite 308, Meridian,
Idaho 83642.
4. Independent Contractor: In all matters pertaining to this agreement, KATHY
DRURY-BOGLE CONSULTING, LLC shall be acting as an independent
contractor, and neither KATHY DRURY-BOGLE CONSULTING, LLC nor any
officer, employee or agent of KATHY DRURY-BOGLE CONSULTING, LLC
will be deemed an employee of CITY. The selection and designation of the
personnel of the CITY in the performance of this agreement shall be made by the
CITY.
5. Presentation Materials: All materials prepared for the purpose of this agreement
as well as any and all materials actually used in the presentation of the services
contemplated by this agreement shall be the property of the CITY.
6. Compensation: KATHY DRURY-BOGLE CONSULTING, LLC shall be
compensated for professional human resources services pursuant to and specified
in attached Exhibit "A." During the remainder of this agreement, if the CITY
uses KATHY DRURY-BOGLE CONSULTING, LLC for the same or additional
training then a new Scope of Work shall be prepared and incorporated by
reference with this Agreement.
Method of Payment: KATHY DRURY-BOGLE CONSULTING, LLC will
invoice the City of Meridian Human Resources Department at 33 East Broadway
Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this
Agreement at the end of each month. The CITY will pay all invoices within thirty
(3 0) days after receipt.
Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City Clerk
City of Meridian
Attn: Human Resources
33 E. Broadway Avenue
Meridian, Idaho 83642
KATHY DRURY-BOGLE CONSULTING, LLC
4222 Pinerest Way
Boise, Idaho 83716
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided,
Human Resources Consulting Agreement - KATHY DRURY BOGLE CONSULTING, LLC—page 2 of 5
Meridian City Council Meeting Agenda November 13, 2018 - Page 91 of 173
9. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be, granted, to court costs and reasonable attorneys` fees as
determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timelyperform any of the obligations hereunder
shall constitute a breach of, and a default under, this Agreement by the party so
failing to perform.
11. Assignment: It is expressly agreed and understood by the parties hereto, that
KATHY DRURY BOGLE CONSULTING, LLC shall not have the right to
assign, transfer, hypothecate or sell any of its rights under this Agreement except
upon the prior express written consent of CITY.
12. Discrimination Prohibited: In performing the Services required herein, KATHY
DRURY-BOGLE CONSULTING, LLC shall not discriminate against any person
on the basis of race, color, religion, sex, national origin or ancestry, age or
disability.
13. Reports and Information: At such times and in such forms as the CITY may
require, there shall be furnished to the CITY such statements, records, reports,
data and information as the CITY may request pertaining to matters covered by
this Agreement.
14. Audits and Inspections: At anytime during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
examination all of KATHY DRURY-BOGLE CONSULTING, LLC'S records
with respect to all matters covered by this Agreement. KATHY DRURY-BOGLE
CONSULTING, LLC shall permit the CITY to audit, examine, and make excerpts
or transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
15, Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the United
States or in any other country. The CITY shall have unrestricted authority to
publish, disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement.
Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 3 of S
Meridian City Council Meeting Agenda November 13, 2018 — Page 92 of 173
16. Compliance with Laws: In performing the scope of services required hereunder,
KATHY DR Y-BOGLE CONSULTING, LLC shall comply with all applicable
laws, ordinallces, and codes of Federal, State, and local governments.
17.
Changes: The CITY may, from time to time, request changes in the Scope of
Services to b performed hereunder. Such changes, including any increase or
decrease in tl ie amount of KATHY DRURY-BOGLE CONSULTING, LLC's
compensatioi i, which are mutually agreed upon by and between the CITY and
KATHY DR JRY-BOGLE CONSULTING, LLC, shall be incorporated in written
amendments to this Agreement.
18. Terminatio;
LLC, its offi
manner its o
agreements,
required to t
other act of i
determines t
CITY shall t
notice to KA,
and specifyil
effective dat
LLC may tei
notice to CE
If, through any cause, KATHY DRURY-BOGLE CONSULTING,
-rs, employees, or agents fails to fulfill in a timely and proper
igations under this Agreement, violates any of the covenants,
r stipulations of this Agreement, falsifies any record or document
prepared under this agreement, engages in fraud, dishonesty, or any
isconduct in the performance of this contract, or if the City Council
Lt termination of this Agreement is in the best interest of CITY, the
-reupon have the right to terminate this Agreement by giving written
'HY DRURY-BOGLE CONSULTING, LLC of such tennination
the effective date thereof at least fifteen (15) days before the
of such termination. KATHY DRURY-BOGLE CONSULTING,
tinate this agreement at any time by giving at least fifteen (15) days
In the eventf any termination of this Agreement, all finished or unfinished
documents, ata, andreports prepared by KATHY DRURY-BOGLE
CONSULTING, LLC under this Agreement shall, at the option of the CITY,
become its property, and KATHY DRURY-BOGLE CONSULTING, LLC shall
be entitled to receive just and equitable compensation for any work satisfactorily
complete hei eunder.
Notwithstan ing the above, KATHY DRURY-BOGLE CONSULTING, LLC
shall not be elieved of liability to the CITY for damages sustained by the CITY
by virtue of iny breach of this Agreement by KATHY DRURY-BOGLE
CONSULTI qG, LLC, and the CITY may withhold any payments to KATHY
DRURY B GLE CONSULTING, LLC for the purposes of set-off until such time
as the exact ount of damages due the CITY from KATHY DRURY-BOGLE
CONSULTT 90, LLC is determined: This provision shall survive the termination
of this agree ent and shall not relieve KATHY DRURY-BOGLE
CONSULTING, LLC of its liability to the CITY for damages.
19. Constructi n and Severability: If any part of this Agreement is held to be
invalid or uu enforceable, such holding will not affect the validity or enforceability
of any other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
Htunan Resources Consulting Agr�ement -KATHY DRURY-BOGLE CONSULTING, LI.0 —page 4 of 5
City Council Meeting Agenda November 13, 2018 — Page 93 of 173
20. Entire Agr
and superse
whether pre
21. Applicable
enforced in
the City of
22.
Attest:
Coles,
Approval R
approved by
Clerk
gent; This Agreement contains the entire agreement of the parties
any and all other agreements or understandings, oral of written,
is to the execution hereof or contemporaneous herewith.
: This Agreement shall be governed by and construed and
dance with the laws of the State of Idaho, and the ordinances of
lian.
iced: This Agreement shallnot become effective or binding until
City of Meridian.
XATI-IY DRURY-BOGLE CONSULTING, LLC.
Kathy rtuy ole
Manager
CITY OF MERIDIAN
Tammy de Wee d, Mayor
C__
('+ CRY ()r �
E �I�Aj�
SEAL
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Human Resources Consulfing Agr4ment - KATHY DRURY-BOGLB CONSULTING, LLC — page 5 of 5
Scope of Work
To create an employee
scope of this contract.
Kathy Drury -Bogle will we
City of Meridian during re,
reduction of hours can be
Services Requested
The services requested
to the following:
■ Review of existing tra
■ Identify course conter
■ Develop course mates
needs to include instri
■ Make course material
program requirement:
■ Deliver courses to em
■ Train internal staff to c
■ Provide ongoing supp
• Utilize purchased
PowerPoint prese
Courses will utiliz
practice concepts
• Provide all course
property of the Cil
employee groups;
• Dates will be date
Consulting availat
■ Provide consultative s
appropriate content, d
■ Provide consultative s
Roles and Respons
• Provide purchas+
course for your n
• Provide timely fe
be made;
• Provide the traini
• Provide the traini
materials (flipcha
show to support i
• Provide timely pE
Cost: Fee Schedule
■ Hourly rate of $1
EXHIBIT "A"
ment program. Delivery of content developed may also be within
to 20 hours per month, working either at home office or on-site at
Monday through Friday week day hours. Additional hours or
tiated on an as -needed basis.
Drury -Bogle Consulting, LLC, will include but will not be limited
content;
d develop descriptions;
(Facilitator and Participant) and customize to City of Meridian's
led and web based options;
:hase recommendations for external resources to align with
?r courses;
n utilization of employee training programs / curriculum;
culurn and design, develop, and customize a facilitator guide,
on, and worksheets/handouts for City selected training courses,
)eriential learning techniques to engage learners and allow them to
educed in the class;
erials in Microsoft Word format. Course materials will be the
Meridian and will be able to be customized and utilized for different
by both the City of Meridian schedule and Kathy Drury Bogle
ces with regard to web -based training solutions, selection of
lopment and upload of content;
ces with regard to city training initiatives,
the City of Meridian
rriculum and information needed to adequately customize the
regarding course materials regarding any revisions you wish to
gals/objectives;
;nue (location), copies of course materials, and other training
white board, LDS Projector — if you would like a PowerPoint slide
lass), TV and DVD player;
nt of services (within 45 days of the final service).
City Council Meeting Agenda November 13, 2018 — Page 95 of 173