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HomeMy WebLinkAboutProfessional Service Agreement with AMS Training Consulting for Administrative Staff TrainingHUMAN RESOURCES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MERIDIAN AND AMS TRAININGCONSULTING THIS AGREEMENT, effective the 3rd day of March , 2009, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and AMS TRAINING, 2533 N. Robie Ave., Meridian, Idaho 83646. 1. Scope of Services: AMS TRAINING shall perform all services, and comply in all respects, as specified 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 writing by the parties. 2. Time of Performance: This agreement shall be effective from March 3, 2009 ,and shall expire no later than September 30, 2009 unless earlier terminated or extended. 3. Indemnification and Insurance: AMS TRAINING shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by AMS TRAINING, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. AMS TRAINING will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify AMS TRAINING for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from AMS TRAINING. 4. Independent Contractor: In all matters pertaining to this agreement, AMS TRAINING shall be acting as an independent contractor, and neither AMS TRAINING nor any officer, employee or agent of AMS TRAINING 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. Compensation: AMS TRAINING shall be compensated for Human Resources consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement AMS TRAINING may deal exclusively with: AMS TRAINING Personal Services Agreement -page 1 of 5 Human Resources Director City of Meridian 33 E. Broadway Meridian, ID 83642 6. Method of Payment: AMS TRAINING will be paid at the rate as specified in the Scope of Services as referenced in Article 1 above AMS TRAINING shall be responsible to provide an accounting of services provided. AMS TRAINING will be paid within thirty days (30) of providing the City with an invoice. 7. 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 of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 AMS TRAINING 2533 N. Robie Ave. Meridian, Idaho 83646. Either parry 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. 8. 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. 9. 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 timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the parry so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that AMS TRAINING 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. AMS TRAINING Personal Services Agreement -page 2 of 5 11. Discrimination Prohibited: In performing the Services required herein, AMS TRAINING shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. 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. 13. Audits and Inspections: At any time 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 AMS TRAINING's records with respect to all matters covered by this Agreement. AMS TRAINING 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. 14. Publication, Reproduction and Use of Material: 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 that are property of the CITY. AMS TRAINING does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to AMS TRAINING. Those documents may not be reproduced without the express written consent of AMS TRAINING. Documents that are restricted by this condition must be clearly marked and identified by AMS TRAINING to claim this exclusion. Said proprietary materials shall remain the property of AMS TRAINING and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder, AMS TRAINING shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of AMS TRAINING'S compensation, which are mutually agreed upon by and between the CITY and AMS TRAINING, shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause, AMS TRAINING, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this AMS TRAINING Personal Services Agreement -page 3 of 5 Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to AMS TRAINING. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to AMS TRAINING of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. AMS TRAINING may also terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all fmished or unfmished documents, data, and reports prepared by AMS TRAINING under this Agreement shall, at the option of the CITY, become its property, and AMS TRAINING shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, AMS TRAINING shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by AMS TRAINING, and the CITY may withhold any payments to AMS TRAINING for the purposes of set-off until such time as the exact amount of damages due the CITY from AMS TRAINING is determined. This provision, shall survive the termination of this agreement and shall not relieve AMS TRAINING of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, 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. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The parties also understand that AMS TRAINING has existing Agreements with the CITY that are not incorporated under this Agreement. The CITY may contract with AMS TRAINING to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. AMS TRAINING Personal Services Agreement -page 4 of 5 20. Applicable Law: 'This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. AMS TRAINING CONSULTING \ TFo SEAL 9 '~ Attest: ,~~~`'%~COUNTY . ~®P~``\~. ~~~~~r+~n iiin~~~'~~~ JAYCEL~lHOLMAN., CITY CLERK Ann Smith - CITY OF MERIDIAN BY: TAMMY d ERD, MAYOR AMS TRAINING Personal Services Agreement -page 5 of 5 EXHIBIT "A" Scope of Work The City of Meridian wished to conduct training for administrative staff, public works staff, billing staff, and other City employees to prepare them to respond appropriately to customers after the utility rate increase for water is announced in March of 2009. Services Requested: The services provided by AMS Training, LLC, will include, but will not be limited to the following: o Conduct an electronic pre-assessment of some or all projected course attendees to determine specific issues they would like assistance with when responding to water customers (maximum 5 questions). This assessment would be conducted through the SurveyMonkey.com tool and used to design the customer service course materials. o Design and develop a facilitator guide, participant workbook, and slide show for the course Coping with Challenging Customers. Course will be customized for the specific use with employees who will have contact with city water customers. Course will utilize experiential learning techniques to engage learners and allow them to practice concepts introduced in the class. o Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able to be customized and utilized for different employee groups for training in the area of customer service. o Work with City representatives to revise documents (up to two document revisions) to meet specific needs. o Facilitate the delivery of two course sessions, each two hours in length, in March 2009. Dates will be determined by both the City of Meridian schedule and AMS Training availability. o Prepare and distribute Level 1 evaluation for course. Roles and Responsibilities of the City of Meridian • Provide information needed to adequately customize the course for your needs, including customer escalation procedures. • Provide AMS Training with a list of email contacts for all potential participants for the purpose of conducting apre-assessment. • Provide timely feedback regarding course materials regarding any revisions you wish to be made. • Provide the training venue (location), copies of course materials, and other training materials (flip chart or white board, LDS projector - if you would like a PowerPoint slide show to support the class, etc.) • Provide timely payment of services (within 45 days of final service). Timeline of Services • AMS Training can begin project on March 3, 2009. • Send electronic survey to attendees on March 4, 2009 with a request that survey be completed by March 6, 2009. • Submit rough draft of materials to the City of Meridian by March 9, 2009. • Submit revised, final draft of materials to the City of Meridian by March 13, 2009. • Conduct two training sessions (two hours in length each) on March 16 and March 23, 2009 from 9:30 am to 11:30 am. Cost: Fee Schedule Description of Work Projected Time Spent Design, send, and process responses for 2 hours course pre-assessment survey in SurveyMonkey. Design and develop course materials for 5 hours Coping with Challenging Customers. Included: facilitator guide, participant guide, slide presentation. Revise materials - up to two revisions Facilitate two course sessions (2 hours in length) 2 hours .5 hour set up each day 2 hour course each day 5 hours total Total Cost **Project deliverables, timelines, and fees are negotiable. Anticipated Hours for this Project: Fee No cost $60 per hour = $300 No cost $100 per hour = $500 $800 Approximately 14 hours