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HomeMy WebLinkAboutProfessional Services Agreement with The Future Corporation and John Luthy for Training ProgramRE C E I~TE I) City of Meridian Contract .~~~ ~ j :` City of Meridian City Clerk Office Professional Service Agreement Agreement is made this 1 S` day of October 2001, between the City of Meridian, Idaho (hereinafter called the City), and The Futures Corporation (TFC), an Idaho corporation, pursuant to the elements outlined below. 1) TFC will assume the position of "Strategic Planning Consultant" for the City, undertaking the duties and responsibilities agreed upon by the parties. Basic responsibilities and actions may include, but are not limited to, the following: a) TFC will develop and provide to City departments training on strategic planning and the development of strategic plans for government agencies. Further, TFC will provide all training materials and handouts for training and for use as guides and strategic plan examples. b) TFC will facilitate and coordinate the development of strategic plans for each often departments assisting with internal training, facilitation, drafting, and editing. c) TFC will meet with the Mayor and City Council on a regular basis to review the planning process, discuss status, and lay the foundation for continued joint planning with all City departments. d) TFC will assist with development of a central strategic planning committee that will assist with creating a single master plan, as well as coordinate writing, help complete drafts of assigned sections, provide editing, and will coordinate preparation of a fmal document for submitting to the Mayor and City Council. e) TFC will facilitate one or more formal on- and off-site planning sessions with department directors, the Mayor and City Council to develop a "roll-up" for the entire city. TFC will then assist with drafting session content into editable form and submitting to the Mayor, City Council and department directors. f) TFC will help prepare a final edited plan with all department and "roll-up" content and work with designated City personnel to get it formatted and ready for publication. g) TFC will work with the Mayor and designated department personnel to develop a process for integrating strategic plan content into the annual performance based budgeting process. 2) In consideration of the functions performed hereunder by TFC, The City will pay TFC $150 per hour not to exceed $1200 per day. Invoiced payments are due in full within fifteen (15) days of receipt. Should the amount ever become 30 days past due, interest will be charged at 1% per month on the unpaid balance. The parties to this agreement agree that there is a "not to exceed" limit of $25,000 for work done under this agreement. Any work done above this amount will be absorbed by TFC. 3) The City will reimburse TFC for all reasonable actual expenses incidental to the services performed hereunder that have been approved in advance. All printing and costs associated with plan development required by The City will be billed directly to The City whenever possible. 4) The City agrees to utilize TFC as a Strategic Planning Consultant in every manner prescribed in accepted public administration and business practice. It agrees to fully support TFC personnel in its training, strategic planning efforts, as well as all corollary analysis and plan editing activities including, but not limited to those described herein. 5) TFC agrees to conduct strategic planning activities pursuant to accepted business and public practice and with full commitment to achieve the schedules and planning process desired by The City. TFC pledges to fully support The City, its Mayor, City Council and staff to develop an appropriate plan that can be used as foundation for aperformance-based budget and a tool to measure program performance. It will perform its obligations under this agreement to the best of its abilities. However, it does not guaranty nor can it be held liable or accountable for, the ultimate success of future planning, budgeting, or programmatic activities. 6) Should it become necessary for TFC to enforce the provisions of this agreement, it shall be entitled to its reasonable attorney fees and associated costs. City of Meridian Contract 7) The City will indemnify and ho}d harmless TFC, its officers, employees and representatives from any liability arising from the business or practices of The City, except those cased by the gross negligence or willful misconduct of TFC or its representatives. TFC will indemnify and hold harmless The City, its officials, officers, and employees from any liability regarding this agreement, except those caused by the gross negligence or willful misconduct of The City or its representatives. 8) This agreement is subject to termination in the event of any of the following: a) Upon mutual written consent of the parties, with 30 days advance written notice; b) Upon bankruptcy or other involuntary dissolution of either party; c) Upon default by either party of any conditions of this agreement, provided that one party notifies the defaulting party in writing within 30 days of said default, and provided defaulting party does not correct the default within 15 days of receipt of such notice; or d) Upon the gross negligence or malfeasance by either party. Such conditions must be well substantiated and proven to be contrary to accepted standards of business conduct; e) Upon 30 days advance written notice by The City, should it desire to terminate this agreement; Should this occur, and be outside conditions set forth in b., c., and d., above, The City will pay TFC for the time worked to that point at TFC's normal $150 per hour fee, which is due and payable upon termination. 9) Confidentiality. Nondisclosure of confidential information during employment period and after termination. TFC agrees that for and during the entire term of this agreement, any information pertaining to planning strategies, records, personnel, special procedures, and the like, shall be considered and kept as the private and privileged records of The City, and will not be divulged to any person, practice, corporation, or other entity except on the direct authorization of the Mayor or City Council. Further, upon termination of this agreement, for any reason, TFC agrees that TFC will continue to treat as private and privileged any information, data, confidential figures, records, personnel information, and the like, and will not release any such information to any person, practice, corporation, or other entity, either by statement, deposition, or as a witness, except upon direct written authority of the Mayor or City Council, and The City shall be entitled to an injunction by any competent court to enjoin and restrain the unauthorized disclosure of such information. None of the above pertains to bona fide public information. The parties hereto have executed this agreement on the date first written above, and by their signatures below acknowledge their understanding and acceptance of the terms, provisions, conditions and descriptions contained herein. THE FUTURES CORPORATION v John F. y President Date THE CITYOF MERIDIAN, IDAHO Robert Corrie Mayor /~ O~ P>~ Date