West Midlands Employers(WME) has established a list of ‘Preferred Suppliers’, more commonly known as `Associate Consultants`, for the delivery of training, consultancy, coaching, mediation and interim management, on whom they may call to deliver services, on their behalf, directto their clients. This document sets out the terms and conditions under which WME will contract with the consultant* for their services.

The ‘Preferred Supplier’ list is split into four distinct service categories:

  • Training and development (providers of training courses)
  • Consultancy (providers of either training or other HumanResourceand Organisational Development services)
  • Interim Management (providers of management services on a part or full time interim basis)
  • Coaching & Mediation

A consultant may be listed in more than one category.

The terms and conditions set out in this document will include a set of general conditions that are applicable to all suppliers regardless of the category of supply.

Acceptance of WME Terms & Conditions

In order to be accepted on to the WME‘Preferred Supplier’ list for training, consultancy and interim management, you are required to accept the terms and conditions as outlined in this document.

Please sign two copies of this agreement and return them by post to WME at PO Box 16725, Oldbury, West Midlands, B69 9FH or email a signed version to . WME will send you one completed copy back for your records.

Professional Indemnity Insurance (PII)

In order to provide services on behalf of WME you are required to have in place £2.5m Professional Indemnity Insurance. Please provide details of your policy on page 4 of this document, which will be held on record at WME. From time to time WME may ask to see proof of existing PII cover and the Consultant is required to provide such evidence within 7 working days or be suspended from the Preferred Supplier list until such time as WME is satisfied that appropriate insurance cover is in place. If at any time your PII is revoked or not renewed, you are required to notify WME immediately in writing and you will no longer be able to act as a ‘Preferred Supplier’.

*A consultant is a generic term within this document covering all three service categories and may be an individual or an organisation.

1.General Terms and Conditions (applicable to all)

1.1The Agreed Service

The Consultant will undertake to deliver training, consultancy or coaching/mentoring, on behalf of WME, in line with the terms and conditions set out in this document and as specifically detailed in a purchase order or other appropriate engagement document.

1.2Changes to the Agreed Service

If during the course of service provision it is necessary (at the Client’s request) to adapt or extend the nature of the service being provided, the Consultant must notify WME immediately so that the terms of the engagement of all parties involved can be amended. WME is not committed to make any payment for services that have not been agreed direct with WME prior to being delivered.

1.3Sub Contracting

The Consultant will not sub-contract the service without the prior written consent of WME.

1.4Performance of Service and Quality Control

The Consultant will be solely responsible for determining all matters of detail as to the manner in which the service is performed, and for ensuring that all work done is to a high standard and quality as expected by WME and agreed with the Client. WME may seek feedback from the client at any time in order to monitor and ensure service quality.

1.5Fees and Expenses

A WME purchase order will confirm the fee agreed in respect of the service to be provided. Related expenses will only be paid for reasonable travel and accommodation costs and all claims will require copy receipts.

The following table provides some further guidance on expenses.

Car / Mileage may be claimed at the prevailing WME consultant rate
(in 2014this equates to 45p per mile)
Rail / Economy fares only (First class travel is not permitted, unless it can be evidenced as being cheaper than standard class)
Air / WME must agree the cost of any flights BEFORE the Consultant makes a booking
Hotel / Room, dinner and breakfast only
(alcoholic beverages may not be claimed)
Taxi / Taxi fares may be claimed if no alternative and reasonable form of public transport is available

1.6Invoicing and Payment

The Consultant must invoice WMEwithin 30 working days of the service being delivered or at an agreed regular pattern for extended service provision.The invoice should include the WME purchase order number and a detailed split between fees and expenses. Copy receipts must be attached to verify expense claims.

Note:WME has performance targets and if invoices are routinely provided late, this will affect your suitability to be a ‘Preferred Supplier’.

WME will not make payment to anyone other than the Consultant unless previously agreed in writing.WME will make payments by BACS and supplier invoices shall normally be paid net monthly.

1.7Non Gratuity

The Consultant shall not solicit any gratuity, tip or any other form of payment for any part of the services or goods, other than those expressly agreed with WME.

1.8Cancellations

Should it be necessary for WME to cancel the agreed service, we will endeavour to do so at least two weeks before the start date, upon which no preparation or cancellation fee will be due/paid to the Consultant. If we cancel within two weeks before the start date then any costs incurred by the Consultant will be reimbursed unless the cancellation is due to circumstances beyond our control.

Should it become necessary for the Consultant to cancel the agreed service, they should do so one month before the start date, upon which no cancellation cost will apply. If the Consultant fails to give due notice, or it they have to cancel within one month, any costs incurred by WME will be charged to the Consultant. If the cancellation is due to unavoidable and extenuating circumstances, such as bereavement, illness or accident no costs will be incurred by the Consultant.

1.9Confidentiality, Copyright and Corporate Image

The Consultant shall keep confidential any information relating toWME and that of participants/clients.

The Consultant shall not engage in any discussion with the client in respect of costs or fees as the contract is between WME and the client. The Consultant may only discuss the detail of the service being provided.

It is the responsibility of the Consultant to ensure that any materials used have the source identified and do not infringe any copyright conditions.

WME respects the copyright of materials produced by the Consultant and undertakes not to reproduce them without prior written permission from the Consultant.

The Consultant will respect the copyright of materials produced by WME and undertakes not to reproduce them without prior written permission from WME.

When delivering services on behalf of WME the Consultant should ensure that all participants are aware that the service is organised and deliveredbyWME and both WME and the Consultant’s logo should be used on materials provided to clients and participants.

Neither party shall act in any way that may be detrimental to the others reputation and brand.

1.10Integrity and Self Promotion

WMEutilise the ‘Preferred Supplier’ approach so that a long term relationship is built up with a core body of Consultants who are highly qualified and respected. WME has a relationship of trust and respect with its clients and we seek to engender a similar relationship with our Consultants.

While the inclusion in the WME‘Preferred Supplier’ list is indicative of an offer of engagement on an on-going basis, there can be no guarantee in respect of the quantity of offers, as engagement will be based on demand. However, inclusion as a‘Preferred Supplier’ indicates that WME considers the consultant to be of a high quality and will receive preferential treatment regarding any tender processes WME participate in.

If the Consultant is approached directly by WME clients for follow-up services, as a direct result of delivering services on behalf of WME, the Consultantmust refer the client back to WME to make the necessary engagement arrangements. This gives a clear message to clients of the strong association between the Consultant and the WME and strengthens the trust and respect amongst all parties.

The Consultant should not market themselves to clients whilst delivering services on behalf of WME. If there is any evidence of this type of activity, the Consultant will be considered in breach of these terms and conditions and no fee will be paid by WME for that particular service. This applies to both verbal and written marketing activities.

From time to time WME may offer a Consultant the opportunity to engage with their customer directly to deliver a particular service. In such instances WME may request a commission fee for this type of referral.

1.11Professional Indemnity Insurance

WME is required to have PII and, in engaging others to provide services on our behalf, we require the same insurance provisions. Any Consultant who wishes to work with and on behalf of WME is required to have £2.5m Professional Indemnity Insurance.

You are required to provide details of your PII as follows:

Name of Insurance Provider
Policy Number
PII Cover (amount)
Renewal Date
How long have you had PII?
Have you ever had a PII claim?
If yes please provide details

1.13Tax & VAT Liabilities

Any engagement with the Consultant is a contract for services and the WME will make payments in respect of an agreed fee for services plus VAT.

The Consultant is responsible for all Income Tax Liabilities and National Insurance or similar contributions in respect of fees. The Consultant indemnifies WME in respect of any claims that may be made by the relevant authorities against WME in respect of Income and/or National Insurance or similar contributions relating to the Consultant and any of its employees.

1.14Laws and Jurisdiction

These terms and conditions of an agreement to contract with the Consultant for services shall be governed by the Laws of England.

1.15Complaints

Any complaint you may have concerning the way in which WME administers and/or executes its Training, Consultancy and Interim Management service, should be made to WME at the earliest opportunity via or by email to

1.16Breach of Agreement

Any breach of the terms and conditions outlined in this document may result in the Consultant being removed immediately from the WME‘Preferred Supplier’ list and all further and future engagements will be cancelled at no cost to the WME.

2.Training Specific Terms & Conditions

2.1Training Materials (if applicable)

Where requested by WME, the Consultant must provide a copy of all draft training materials to WME by email at least 10 days before the service provision to

All materials utilised to deliver the service must be produced by the Consultant and must prominently display the WME logo. All materials produced must be available in a format compliant with relevant legislative requirements, including the Equality Act 2010.

2.2Quality

The Consultant must ensure that the service and materials provided are of the highest quality and carry the WME logo. As part of WME’s quality control procedure we may request copies of all written materials to be issued to participants by the Consultant.

WME may be able to assist with the photocopying of documents to ensure this quality measure is met but this may incur a cost to the Consultant. This does not affect the ownership or copyright.

3.Consultancy Specific Terms & Conditions

3.1Materials (if applicable)

All materials must prominently display the WME logo.

All materials produced must be available in a format compliant with relevant legislative requirements, including the Equality Act 2010.

4.Interim Management Specific Terms & Conditions

4.1Service End Date

The nature of interim management means that the length of service provision is not always clear at the point of engagement. In such cases, WME, the Consultant and client may agree an open ended arrangement. In these circumstances it is expected that a monthly invoicing and payment arrangement will be put in place.

The Consultant is required to notify WME in writing (by email or letter) immediately any end date is agreed with the Client.

4.2Hours of Work

The Interim will work a minimum of 8 hours per day (to include a lunchbreak) with the number of days per week agreed beforehand with WME. Any variation to this arrangement must be agreed in writing with WME.

4.3CV and References

The Consultant is required to provide WME with an updated CV (using WME CV proforma) every twelve months, together with refreshed references. This will ensure that WME has up to date information on consultants when nominating them for interim services. WME and their clients reserve the right to contact referees prior to an engagement for services being made.

5.Coaching Specific Terms & Conditions

5.1Qualification and Experience

The Consultant must hold a Level 5 (or higher) qualification in performance or executive coaching, recognised as part of the Qualifications & Credit Framework (QCF).

The qualification must be:

- Certificate level or higher

- focussed on the practical application of coaching in the workplace

It is preferred that participants have prior experience of people management or have experience of working within a HR environment.

A copy of your certificate MUST be attached to this agreement. WME cannot award you any coaching assignments until WME has been able to verify your qualification.

5.2Materials (if applicable)

All materials utilised to deliver the coaching service must prominently display the WME logo. All materials produced must be available in a format compliant with relevant legislative requirements, including the Equality Act 2010.

5.3Profile and References

The Coach is required to provide WME with an updated Coaching Profile every 12 months, together with refreshed references. This will ensure that WME has up to date information on coaches when nominating them for coaching assignments. WME and their clients reserve the right to contact referees prior to an engagement for services being made. WME will also seek feedback from clients and sponsor organisations to ensure quality of service.

5.4Fees

Coaches working on behalf of WME will be paid a fixed fee per coaching session based on between 1.5 to 2 hours.

If coaches are assigned a block booking of 5 sessions (with one or more clients) WME will require a discount on the cost of session 5 to reflect similar discounts being offered to service users.

At the time of signing this contract the fixed fees are:

  • Fee paid per coaching session £150 plus vat
  • Discounted rate for booking of 5 sessions is £700 + vat in total

These fees will be reviewed at least annually and any changes to the rates will be notified to coaches with at least one months notice.

If it is necessary to utilise tools and resources to support the delivery of the coaching service (such as profiling tools, 360 feedback, psychometrics etc) the coach will be required to agree this in advance with the client’s sponsor organisation and confirm this in writing to WME. The cost of additional resources will be charged to the client organisation at cost.

Fees for other coaching related services must be agreed with WME prior to service delivery.

6.Mediation Specific Terms & Conditions

6.1Qualification and Experience

The Consultant must hold an ILM Mediation & Conflict Resolution in the Workplace Certificate.

A copy of your certificate MUST be attached to this agreement. WME cannot award you any mediation assignments until WME has been able to verify your qualification.

6.2Profile and References

The Mediator is required to provide WME with an updated Mediation Profile every 12 months together with refreshed references. This will ensure that WME has up to date information on mediators when nominating them for mediation intervention assignments.

WME may from time to time seek feedback from commissioning clients (not the individuals receiving mediation) to ensure quality and effectiveness of service.

Terms and Conditions for Preferred Suppliers of Training,

Consultancy, Interim Services, Coaching & Mediation (May 2014)

We the undersigned accept the terms and conditions outlined in this document in respect of any contract for services between WME and the Consultant.

Please consider me for the following service provision:

Training Consultancy Interim Services CoachingMediation

SIGNED on behalf of WME:

Signature
Name
Job Title
Date

SIGNED on behalf of the Consultant:

Signature
Name
Job Title
Company
Date

Email address ______

Telephone No ______

VAT Reg (if applicable) ______

This document will remain in force unless and until any variations are notified and agreed in writing.

V3 issued May 2014

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