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CM-12-01-015CJi4-J1-o(_oIS RECEIVED JAN 2 52012 City Manager Approval Form Item Caption: Consider executing a Private Workshop/Seminar Agreement with Fathom Corporate Training Approval Date: January 27, 2012 Department Name: Finance Department Project Manager: Cheryl Delaney Assigned Attorney: Contract Management Section Item Summary: The City's Finance Department will be hosting a workshop titled "Exceptional Customer Service Skills Workshop" for its employees. This workshop will provide the Finance Department employees with up to date customer service skills important to today's ever-changing municipal government environment. No. of Originals Submitted: Two Project Name: Private Workshop/Seminar Agreement Cost: $8,800.00 Source of Funds: General Fund Source of Funds (if applicable): Select Source Fund Account Number: 5216-100-17000 & 5216-200-81000 Finance Director Approval: S. Carter for Cheryl Delaney Date: 01/25/2012 Department Director Approval: S. Carter for Cheryl Delaney Date: 01/25/2012 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP a El Budget n a Purchasing N/A OK N/A OK N/A OK Accounting N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 FATHOM CORPORATE TRAINING PRIVATE WORKSHOP / SEMINAR AGREEMENT 1. REGISTRATION: City of Round Rock,Texas, agrees to pay the Workshop/Seminar/Consulting fees indicated, and any applicable federal, state, and local taxes, in retum for the right to participate in the Workshop(s)/Seminar(s)/Consulting Assignments listed on this agreement on the dates indicated. The applicant affirms that they, as a representative of the Client, are authorized to accept this agreement and to register participants for said Workshop(sySeminar(s)/Consulting Assignment(s) and that the conditions contained in this agreement shall apply to and be binding on the Client, and that this document is the entire agreement between the parties and will bind Client personnel. Client and Client's participants further agree not to, directly or indirectly, contract with or employ any of Fathom Corporate Trainings' (hereafter referred to as "Fathom,") employees, affiliates, contractors or distributors, except through Fathom, nor to directly or indirectly cause or entice any Fathom employee, contractor or distributor to violate or terminate his or her employment, contract or affiliation with Fathom. The term of this agreement is three years from the date of the last Workshop, Seminar, or Consulting Assignment scheduled for Client. Jurisdiction and Venue for all matters in this agreement will lie exclusively in Travis County, Texas and Texas substantive law will govem this agreement. 2. TERMS/POSTPONEMENT/CANCELLATION: Client understands that 45% of the total fees shown in Section A of page 2 of this Agreement are payable upon completion of Observation on January 12, 2012. An additional 45% is due upon completion of the scheduled Workshops on February 2, 2012. The remaining 10% balance is due by February 29, 2012. Fathom accepts payments by credit card, check, wire transfer or purchase order. Seminar dates are not guaranteed until this signed agreement is received by Fathom. A 10% late fee penalty on all past due invoices will be assessed for each 30 day period that elapses until all unpaid invoice amounts due Fathom per this agreement are paid in full. Client agrees to reimburse Fathom for all legal fees expended by Fathom to enforce this agreement. Fees are not refundable in whole or in part. If Client requests any customization or tailoring, total fees for the customization or tailoring are due within 5 days of acceptance of this agreement. If a scheduled participant is unable to attend a Workshop or Seminar, Client may substitute another person from the Client's organization, provided that the Client notifies Fathom of this change prior to the beginning of the Workshop. Should the Client request a postponement or cancellation of any or all Workshop(s) or Seminar(s) or Consulting Assignment(s) listed in Section A of page 2, no fees for the postponed or canceled Workshop/Seminar/Consulting Assignment and its expenses will be refunded and all remaining fees shall become immediately due. In the case of a postponement request received by Fathom with less than 60 days notice, client agrees to pay a 25% rescheduling fee. Postponement requests must be received in writing either by email or physical delivery. Fathom and client will jointly agree to reschedule postponed dates for the Workshop/Seminar/Consulting Assignment once the rescheduling fees are received by Fathom. If the dates for workshops listed on this agreement have not been set at the time of signature, all amounts will be due no later than 12 months from the signature date. Upon completion of this Assignment, Fathom will provide Client with completed participant evaluation forms. Client agrees to provide Fathom with a letter of recommendation on Client's letterhead upon satisfactory completion of this program 3. EXPENSES FOR WORKSHOPS: Travel: (Not Applicable) Client agrees to pay for all reasonable travel and other Workshop related expenses incurred by Fathom or its representative(s) in connection with the Workshop/Seminar/Consulting Assignment. Client may book air travel, hotel accommodations, car rental and/or appropriate mileage at the govemment-approved rate. If Client desires Fathom to book its own air, hotel and car and bill Client back, a 10% percent handling fee will be added to the travel reimbursement invoice (there will not be any surcharge applied to workshop delivery or customization fees). Fathom will submit line items from an American Express download directly into our expense reimbursement system or receipts if the download is not available. Please check the box indicating if Client or Fathom will book travel: (Not Applicable) Client_ Fathom_. Shipping: Clients in Austin will be billed $40. All other Clients will be billed $100 materials shipping charge for workshops up to 15 students, $150 for 16-30 students, $200 for 30-50 students, and $300 for 51-100 students per Workshop/Seminar to pay for the delivery of student materials and other workshop related items. Client agrees to provide audio/visual equipment required for the workshop, if any. If Client requires Fathom to provide equipment the following rental rates will be added to Client invoice. Please indicate who will provide the equipment: _X_Client will provide all equipment _Fathom will provide equipment at the following rates - LCD Projector ($100/day) _Camcorder ($100/day). _Equipment not required 3. PROPRIETARY RIGHTS: Client agrees and recognizes Fathom has proprietary ownership and/or rights in and to all materials, including manuals, skill guide cards, handouts, information, techniques and procedures ("Information") received by client or client's employer and/or participants directly or indirectly in any manner from or through Fathom. Client further agrees and recognizes that such information is a valuable asset of Fathom and is designed for use by each individual client -designated participant during the workshop and only for such participants' individual use, consumption and retention upon completion of each subject Workshop/Seminar/Consulting Assignment. It is agreed that the Information shall not be duplicated, copied or conveyed in anyway to any third party, or entity without the specific, written permission of Fathom, nor used in any manner not contemplated within the spirit or terms of the Agreement. Client and each Client participant hereby agrees that the Information shall not be reused, resold, conveyed, copied or excerpted and that the Information shall not be returned for credit or r SIGN HERE (PAGE 1 OF 2) a//27 /2- 0 r z -1 0 z 0 0 m 0 N 11 m 0 3 0 0 0 1 4 m 3 D 0 0 co 0 0 a a '0 3 4 m -4 0 X f�—D v CA N O 7 (p N N 0 V xi co 0 o c 0. 70 0 co Dx) 0 CO CO D C) Io 0 0 co w D) 0. m a cac o a a 0 (A JoleilslulwpV pno3 0 ID 0 <D m 3 m z r r 0 N m r 0 EC - co a m e 0 a I ' . •••• •••••••••••••. . ..w A./.... T. .me r►CT .O e c O. o. Schedule A N c a r O a) " m N p N 0 I . WORKSHOP/SEMINAR LOCATION: I Dates of Observation: Jan 10 Utility Billing — Afternoon Jan 11 ' Alternate Dayu Ian 19 Mi Court/Purchasina Training Sessions: Jan 31 -Session #1 Municipal Court / Utility Billing - 8am-12pm Feb 1 -Session #2 Municipal Court / Utility Billing - 8am-12pm Feb 1 -Session #3 Purchasing/Finance -1 pm -spm Feb 2 -Session #4 Purchasina/Finance - 8am-12pm Exceptional Customer Service Skills Workshop PRODUCT/SERVICE PURCHASED City of Round Rock. Texas (4) 4 Hr. Sessions 1 (4)'/: Day Sessions — Jan 31 -Feb 2, 2012 m fD v S 0 7 N City/State: Address: N 0 o 0 0 IFEE / SESSION 1 SEAT I 512 218-5480 Round Rock, Texas 78664 301 West Bagdad Avenue z 0 0 m to O z 0 CO 0 o 0 0 TOTAL