HomeMy Public PortalAboutORD12637 BILL NO. 97-45
SPONSORED BY COUNCILMAN NILGES
ORDINANCE NO. /Ale �
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING AN
AGREEMENT WITH MICHAEL BYRNE D/BIA CREATIVE BUSINESS
CONSULTANTS FOR PROFESSIONAL SERVICES TO DEVELOP SUPERVISORY
TRAINING PROGRAM MODULES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to enter into an
agreement with Michael Byrne, D/B/A Creative Business Consultants for
professional services to develop supervisory training program modules.
Section 2. The agreement shall be substantially the same in form and
content as the agreement attached hereto as Exhibit A.
Section 3. This ordinance shall be in full force and effect from and after July
1, 1997 through October 31, 1997.
Passed:
Approved: � (
Presidin fficer Mayor
ATTEST: APPROVED AS TO FORM:
ity Cie City Counselor
r
rx
z' r
� is ''c✓;::r.'r;,ia; ..;r>�".�r�;''FL`:'�:�ti?�@:�':f�a;;W,;St+�.w.�sy'$5:�!s�t'�,{�'rF.-` �� fi
zni4^^....'tx�`,�Giim.,�"fJ�,?^„tii.� '' �;-•'er� 0. .t.:cJrt .re....�. X .r w..,,..�...�«r:i;:.:i:3. .„r. ,� .,
t r
v;r
� t
5
i
I . p
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES I
THIS CONTRACT, made and entered into this -�0day of July, 1997, by and between the City of
Jefferson,a municipal corporation of the State of Missouri,hereinafter referred to as the"City,"with offices
at 320 East McCarty, Jefferson City, Missouri 65101, and Barbara Byrne d/b/a Creative Business
Consultants,HCR 71, Box 135,Vienna,Missouri,65582,hereinafter referred to as the"Consultant."
e,
WITNESSETH:
THAT WHEREAS, the City desires to engage the Consultant to render certain technical and consulting
services as to the Training Design for Supervisors Project hereafter described in Exhibit A;and
i
THAT WHEREAS,Consultant has made certain representations and statements to the City with respect
to the provision of such services and the City has accepted said proposal to enter into a contract with the
Consultant for the performance of services by the Consultant.
NOW THEREFORE,for the considerations herein expressed,it is agreed by and between the City and the
Consultant as follows:
1. Scope of SAP
The City agrees to engage the services of the Consultant to perform the services hereinafter set forth in Exhibit
A,attached hereto and incorporated herein by reference.
2. Additions or Deletions to Services, ~
The City may add to consultant services or delete therefrom activities of a similar nature to those set forth in
Exhibit A,provided that the total cost of such work does not exceed the total cost allowance as specified in
paragraph 6 hereof. The Consultant shall undertake such changed activities only upon the direction of the City.
All such directives and changes shall be in written form and approved by the Director of Human Resources and
shall be accepted and countersigned by the Consultant or its agreed representatives.
The Consultant will perform any additional work requested by the City which is not specifically covered in the
scope of work as defined herein at a reasonable fee or compensation to be agreed to between the City and the
Consultant at the time any such service may be required. I
3• Existing,Data
i
All information,data and reports as are existing,available and necessary for the carrying out of the work,shall `
be furnished to the Consultant without charge by the City,and the City shall cooperate with the Consultant
in every reasonable way in carrying out the scope of services.
4. Personnel to be tovided•
F
The Consultant represents that the Consultant has or will secure at its expense all personnel required to
perform the services called for under this contract by the Consultant.Such personnel shall not be employees
of the City or have any contractual relationship with the City except as employees of the Consultant. All of the
services required hereunder will be performed by the Consultant or under the Consultant's direct supervision
and all personnel engaged in the work shall be filly qualified and shall be authorized under state and local law
to perform such services. None of the work or services covered by this contract shall be subcontracted without
the written approval of the City.
t^'
C:Vreet�mntrrteHr,(eervirw4.renrce Lueinnw t.,n.ultaniw�nntrert 1757 x,e1
v
. r
j�
G. Notice to Pro ced
The services of the Consultant shall commence as directed in the Notice to Proceed and shall be undertaken
•b ) and completed in accordance with the schedule contained in Exhibit A.
G. Compensation.
Payment shall be made to Consultant by the City upon submission of a monthly statement. It is expressly
understood that in no event will the total compensation to be paid to the Consultant under the terms of this
contract exceed the sum of Ten Thousand Eight Hundred Dollars($10,800.00)for all services required unless
specifically and mutually agreed to in writing by both the City and Consultant. Services shall be provided and f
computed on an hourly basis as follows:
Consultant $24.00/hour
}
No change in compensation shall be made unless there is a substantial and significant difference between the a
work originally contemplated by this agreement and the work actually required.
7. Failure to Perform Cancellation,
If,through any cause,the Consultant shall fail to fulfill in timely and proper manner its obligations under this
contract,or if the Consultant shall violate any of the covenants,agreements,or stipulations of this contract,
the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant
of such termination and specifying the effective date thereof,at least five(G)days before the effective day of
such termination. The Consultant or the City may terminate this contract upon thirty(30)days prior written
notice. In the event of termination,all finished or unfinished documents,data, studies,surveys,drawings,
maps,models,photographs,and reports or other materials prepared by the Consultant under this contract
shall,at the option of the City,become its property,and the Consultant shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
8. Assianment,
The Consultant shall not assign any interest in this contract,and shall not transfer any interest in the same
(whether by assignment or novation),without prior written consent of the City thereto. Any such assignment
is expressly subject to all rights and remedies of the City under this agreement,including the right to change
or delete activities from the contract or to terminate the same as provided herein,and no such assignment shall
require the City to give any notice to any such assignee of any actions which the City may take under this
agreement,though the City will attempt to so notify any such assignee.
9. Confidentiality.
Any reports, data or similar information given to or prepared or assembled by the Consultant under this
Contract which the City requests to be kept as confidential shall not be made available to any individual or
organization by the Consultant without prior written approval of the City.
10. Nondiscrimination
The Consultant agrees in the performance of the contract not to discriminate on the grounds or because of race,
creed,color,national origin or ancestry,sex,religion,handicap,age or political affiliation,against any employee
of the Consultant or applicant for employment and shall include as similar provision in all subcontracts let or
awarded hereunder.
11. Indenendent Contractor-
The Consultant is an independent contractor and nothing contained herein shall constitute or designate the
Consultant or any of its agents or employees as agents or employees of the City.
Vr. .
•2
. ^«1P': ... t .,•4 k;t, ..r, .,.....1.. ,, .. ..... n .. ,.� ..,....,. ,..'..0%.. . >+i. ,. i, .t nrti>.'.,T' ..;,.�,. `! f.7#?r_ a.�.vt^°r t 4�
,
12. Benefits Not Available.
Tile Consultant shall not be entitled to any of the benefits established for the employees of the City nor be
covered by the Workman's Compensation Program of the City, i
13. b111bi1it,v
The parties mutually agree to the following:
(a) In no event shall the City be liable to the Consultant for special, indirect or consequential
damages,except those caused by the City's negligence nrising out of or in any way connected
with a breach of this contract. The maximum liability of the City shall be limited to the
amount of money to be paid or received by the City under this contract.
(b) The Consultant shall indemnify and hold the City harmless from and against all claims,losses
and liabilities arising out of personal injuries,including death,and damage to property which
are caused by the acts,errors and omissions of Consultant for which they would be otherwise
legally liable,arising out of or in any way connected with this contract.
14. Aocuxnents.
Reproducibles of tracings and maps prepared or obtained under the terms of this Contract shall be delivered
upon request to and become the property of the City upon termination or completion of the work.Copies of basic
survey notes and sketches,charts,computations,and other data prepared or obtained under this Contract shall
be made available,upon request,to the City without restrictions or limitations on their use. When such copies
are requested,the City agrees to pay the Consultant its costs of copying and delivering same.
15. &nsolicitation.
The Consultant warrants that he has not employed or retained any company or person,other than a bona fide
employee working solely for the Consultant,to solicit or secure this contract,and that he has not paid or agreed
t ..
o pay any company or person,other than a bona fide employee working solely for the Consultant,any fee,
commission,percentage,brokerage fee,gifts,or any other consideration,contingent upon or resulting from the
award or making of this contract.For breach or violation of this warranty,the City shall have the right to annul
this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or
l otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gifts,or contingent fee.
16. Books and Records,j
iThe Consultant and all his subcontractors shall maintain all books,documents,papers,accounting records,and
other evidence pertaining to costs incurred in connection with this Contract,and shall make such materials
available at their respective offices at all reasonable times during the Contract and for a period of three(3)
years following completion of the Contract.
17. ep lays•
The Consultant shall not be liable for delays resulting from causes beyond the reasonable control of the
Consultant;the Consultant has made no warranties,expressed or implied,which are not expressly set forth
in this contract;and under no circumstances will the Consultant be liable for indirect or consequential damages.
18. Notices,
All notices required or permitted hereunder and required to be in writing may be given by first class mail
addressed to the City of Jefferson,c/o Director of Human Resources,at 320 East McCarty Street,Jefferson City,
Missouri,65101,and Barbara Byrne d/b/a Creative Business Consultants,HCR 71,Box 135,Vienna,Missouri,
65582. The date and delivery of any notice shall be the date falling on the second full day after the day of
�•' ,� mailing.
r.,rnri wn,rM.y,nS..rvcrn�rrtew.bu.mo...nn.u,umwMmlrMl,an»�., -3.
z•:-
1
s '•i
19. Lamto Govern.
I L
This contract shall he governed by the laws of the State of Missouri as to both interpretation and performance.
i IN WITNESS WHEREOF,the parties hereto have set their �,�'
p i hands and seals this�i�ny of July, 19�J7.
CITY OF JEFFERSON,MISSOURI CONSULTANT
BARBARA BYRNE D/B/A CREATIVE
BUSINESS CONSULTANTS
Mayor Title:
A ST: ATTEST:
City Clerk Title:
APPROVED AS TO M; ;
City Couns (r ky t
I `
1 t
r f( 7 F
r y,�
� t
f c I
1�
a r
sl�, r { L'.�trr•IV unl rrt.HnJ+ervMn.Mrcniv.Lwtnn+nn.uhnn,+4.ntrrt IIk17..,+1 .4-
y?f�71 , �•�
, 1; '.t L,7. ' C�i'$�,x.^�, •;..r<,. ,�'t.t4:,,c;•,f.. .:h�k� t '1. rr' ,a:. .:,�.., t 7 t r
f., 'i �+�.�%?�+'oi�l++llc�.:�'.`taaw�4kk"ix1.t, oa4G"c't;iS,>,v 74,:1t�'�is ma;..yji�dC:;la'.,ri..+ t�,�r„�, s'i:i"a.:�;'.ii:.;`.t.'..,� „g*,v, r•�t,"� ,:: �.fr. s.
aC r 6 l u irfi 74 Aiq'trr rIf aitili tr y 3`x R a�x ^ i } !r n$ ..
j , f
! i
it 15 t y {yy tTl � g
fc t�' tit ' c r '; � � .t 1r'yb.3.P'yr �i°r ..5,•
r
t 7
•� A f .. y t +inw R ,
..I ''• " :. .. 1.\ IN
i
EXHIBIT A
page 1 of 1
SCOPE OF SERVICES
f,
r
A.
Consultant will prepare,in consultation with City staff,training modules. This will include the train
er'e
guides for the modules and the participants'handbook. The trainer's guides will include course outlines,
course content,audiovisual materials and time frames for training. The participants'handbook should
contain handout reference material, examples, worksheets and any other appropriate aids
understanding and practical use of the topics. to
C.
B. The City shall provide Consultant wort: space, desk, office supplies and a computer equipped
Windows 95 and other software including word processing,spreadsheet and graphics. The City hall
provide Consultant the use of a scanner when necessary.
C. City staff will provide Consultant much of the technical information content for the modules. Consultant
will need to research or use his own knowledge to fill in information which the City is not able to supply j
Consultant that may be necessary in preparing the instructional material.
D. Consultant may,upon obtaining City approval,obtain appropriate prepared components that fit into the
instructional design such as prepared videos or prepared written reports or articles that will be used for
the content of some of the training modules.
t
a
y
i'
t
1 z
k 2 1
l F.
a•
t1 r
a... c
l
f
f r .a i � 't;
y r r c•
C:\Uaci\contrscta\pmfwrviws\cnative business coaeultanu\xupe of eorviva 1997-10
� Tu .4i. ' e a� �' f-:- •� � � �Cf>t /f Ff {, ly. r
s '
• f 41i1. � {?:�a1ts��3
} 1� � ! ' ,'Y"°'Wn°wt7."d?J7•:7,..<r.?tP'.•.xfti.Rf{fCfk"4�•9lar nx•.:.w , ,•l if!� x i i¢ 6 ,.
z f
$ t' ` rr<at:, ` ^.n'...tt ..va•r...«. ,,w•taur s..MV V 7LV.y. 1f 94'�FUi.F.".�>g r��. i4'"rd �):+ 'A r $i V ftt �+'}AN
„
of ' 1 3 y .. • : F. r f �� .f=
1}t,;.•j/� 7 .,: .. `f
�r� f