Ordinance No. 6,795930923 -22
ORDINANCE NO. 6795
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
• EXECUTE AND THE CITY CLERK TO ATTEST TO AN ORGANIZATIONAL
DEVELOPMENT AND SUPERVISORY TRAINING CONSULTING CONTRACT
WITH MPS GROUP; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF FIVE THOUSAND AND N01100 DOLLARS
($5,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an Organizational
Development and Supervisory Training Consulting Contract with MPS
Group. A copy of said contract is attached hereto, marked Exhibit
"A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment to MPS Group of the sum of FIVE THOUSAND AND
N01100 DOLLARS ($5,000.00), pursuant to the contract.
Section 3: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 23rd day of September,
1993.
PETE C. AL FARO, Mayor
CIO RAMIREZ, SW, City Attorney
• lepilca W1)- 23- 93- &KftsW%
0 ORGANIZATIONAL DEVELOPMENT & SUPERVISORY TRAINING
• • 4�
THIS CONTRACT entered in to as of the 1st day of October,
1993, by and between MPS Group, a professional group of independent
consultants, hereinafter called CONSULTANTS, and the City of
Baytown, 2401 Market Street, Baytown, Texas 77522, hereinafter
called CLIENT.
WHEREAS, the CONSULTANTS have specified experience and
capability in providing training classes, workshops, and seminars
for a variety of companies that fit the express needs of the
CLIENT, and
WHEREAS, the CONSULTANTS and the CLIENT are mutually
interested in providing the aforementioned training for specific
personnel as requested by the CLIENT.
NOW, it is hereby agreed as follows:
1. CONSULTANTS agree to perform services in a consulting
capacity for Phase One of the Organizational/ Supervisor Training
program requested by CLIENT during the period October 1, 1993 to
March 31, 1994. Phase One will consist of one hundred hours of
classroom training. Under no circumstances will CLIENT pay more
than $5,000 for the services described.
2. (a) CLIENT will pay CONSULTANTS, as the fee for such
services the amount of $50.00 per hour worked for work assignment
hereunder fulfilled at specified CLIENT locations or elsewhere
within the established city limits as directed.
(b) In addition to the fee defined above, CONSULTANTS
shall have access to CLIENT's support services, such as
reproduction, computer, secretarial, stenographic, clerical and
similar services in CLIENT's central offices. CONSULTANT shall not
incur any such expenses elsewhere.
(c) Payments for work performed shall be made monthly
within fifteen (15) days after receipt of certified billings to be
presented by CONSULTANTS and approved by CLIENT. Billings shall be
supported by detail of the particular project worked on, number of
days worked, and shall be addressed to the attention of Allison
Rossick c/o City of Baytown, P.O. Box 424, Baytown, Texas 77522.
(d) CLIENT or CONSULTANTS may terminate this Agreement
without cause by providing the other party with thirty (30) days
advance written notice.
EXHIBIT A
0
0
3. CONSULTANTS agree to cooperate fully with CLIENT in its
proprietary information, and nondisclosure policies, copies of
which have been provided to CONSULTANTS. CONSULTANTS further agree
as follows:
(a) CONSULTANTS will not use or disclose to anyone, at
any time or in any manner, any trade secrets or confidential
information which CONSULTANTS learn as a result or during the
performance of CONSULTANTS' services.
(b) Such "confidential information" shall include
everything told to CONSULTANTS in confidence as well as
photographs, maps, drawings, reports, specification, operating
data, procurement or marketing information, cost data and other
information relating to the details of the work CONSULTANTS are
involved in and the operations and installations affected. No such
information shall be released to anyone other than authorized
representatives of CLIENT.
4. The details of the method and manner of performing
CONSULTANTS' assignments shall be under their own control, CLIENT
being interested only in the results of CONSULTANTS' work.
CONSULTANTS are for all purposes hereunder an independent
contractor and in no event will they be considered employees of
CLIENT. It is further understood that CLIENT shall not have any
obligations to CONSULTANTS regarding (but not limited to) Federal
Income Taxes, F. I. C. A. Taxes, Workman's Compensation, medical
and insurance benefits, retirement and savings plan, vacation or
other employee benefits.
5. The foregoing constitutes the entire agreement between the
parties and supersedes any representations or agreements heretofore
made. This Agreement may be amended only by a document in writing
signed by a legal representative of the CLIENT.
WITNESS our signature as of the date first mentioned
above.
RANDY BUSCH
By:
ELAINE MCCAIN
By:
DELTON PERKINS
By:
CITY OF BAYTOWN
By:
Name:
Title:
CITY CLERK