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HomeMy WebLinkAbout12/15/1999 - STAFF REPORTS (14) DATE: December 15, 1999 TO: City Council FROM: City Librarian PALM SPRINGS VIRTUAL UNIVERSITY PROFESSIONAL SERVICES AGREEMENT WITH ROGER OWENS RECOMMENDATION: Staff recommends that Council approve a ten-month Virtual University Professional Services Contract with Roger Owens at a rate of $32 per billable hour, not to exceed a total amount of $60,000, for the period effective December 15, 1999 through September 30, 2000. BACKGROUND: Palm Springs Virtual University has begun its third year of operation with a new Library Services and Technology grant in the amount of $250,000. The grant is primarily for operations, including staffing by a program coordinator and a marketing director. The Marketing Director's contract was approved November 17, 1999 at the same billing rate. Since this is a contract for an independent consultant, the RFP process was used rather than a recruitment through Human Resources. Roger Owens is a skilled administrator in the field of distance education, with experience in online course development, telecourses, videoconferencing and satellite technology, extension programs and virtual universities. He has been a consultant to the Dean of the University of California Irvine Graduate School of Management and has served as Assistant Dean of the College of Lifelong Learning, Chapman University. He has been a lecturer in the English department of the University of California, Los Angeles and a program manager for the Unisys Corporation. He holds both a Ph.D. in English and an MBA in Organizational Development. Dr. Owens became familiar with Virtual University when he was contracted to perform an analysis of PSVU's first two years of operation at the end of Federal Fiscal Year 1999. His report at that time was quickly and efficiently prepared within the brief period allowed, and it was commended by the State Library for its thoroughness, as well as for the recommendations made by Dr. Owens for PSVU's continued growth and success. His primary task will be to work with academic providers to bring matriculated classes leading to degrees for PSVU students. This is a complex task, requiring a high degree of negotiating skills as well as the understanding of academia, which Dr. Owens possesses. PSVU has been the single most complex program ever undertaken by the library, and the quality and expertise of its support staff is essential to developing a successful, replicable (for other libraries) model as desired by the State Library. Dr. Owens is experienced and qualified to pursue these difficult goals. FISCAL IMPACT: All of the consultant's fees will be funded via the LSTA grant and there will be no impact upon the General Fund. The State Librarian has approved this expenditure via the grant application for IFFY 2000. �- APPROVED__ L _ Acting City Manager U3 Attachments: 1. Professional Services Agreement 2. Minute Order ��, Vr �3 .4-� CITY OF PALM SPRINGS CONSULTING SERVICES AGREEMENT FOR PALM SPRINGS PUBLIC LIBRARY VIRTUAL UNIVERSITY PROJECT THIS CONSULTING SERVICES AGREEMENT(herein "Agreement") is made and entered into this fifteenth (1 Sth) day of December 1999 through September 30, 2000, by and between the City of Palm Springs, a municipal corporation (herein referred to as "City") and Roger Owens, (herein referred to as "Contractor"). NOW, THEREFORE, the parties hereto agree as follows 1 .0 SERVICES OF CONTRACTOR 1.1 Scoff of Services In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services"attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope and Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses. Permits. Fees aryl Asserrments Contractor shall obtain at its sole cost and expense such licenses as may be required by law for the performance of the cervices required by this Agreement Required permits under the control of the City shall be granted to the Contractor at no cost but subject to normal approval policies and procedures of the City. Fees and assessments under the control of the City shag also be waived. 2.0 COMPENSATION 2.1 Contract Sum For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B". but not exceeding the maximum contract amount of $32 per billable hour, ("Contract Sum") and incorporated herein by this reference. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Roger Owens is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and service specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The City Librarian is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Librarian shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assigpmm Contractor shall not contract with arty entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 IIndoodent Cotrtractor. Contractor shall perform all services required hereunder as an independent contractor of City such that the City shall have no control over the manner, mode or means by which Contractor performs services and Contractor shall have only such obligations as are consistent with Its role as an independent contractor. 4.0 INSURANCE AND INDEMNIFICATION 4.1 INSURANCE, The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City Attorney, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (I) a combined single limit of $1,000,000 or (11) bodily injury limits of $500,000 per person, $1,000,000 per occurrence (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to arty worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (I) bodily injury liability limits of $500,000 per person and $1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and $500,000 in the aggregate or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased and hired cars. All of the policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, Its officers, employee.; and agents and their respective Insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of Insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance 13 a- 3 i3A %FY binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following"cancellation" notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL A THIRTY (30) DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN: (to be initialed) Agent initials The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities of any person or persons for which the Contractor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies quallfied to do business in California, rated "A" or better in the most recent edition of Best Rating guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category class VII or better, unless such requirements are waived by the Director of Administrative Services or designee of the City due to unique circumstances. 4.2. Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying ary legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force and effect until September 30, 2000. The City's General Fund is not obligated to fund this Agreement 5.2 Termination Prior to Expiration of Term Contractor shall serve at the pleasure of the City which may terminate this Agreement, with or without cause, at any time. Contractor may terminate this Agreement, with or without cause, with thirty (30) day written prior notice. In the event of such termination, Contractor shall be paid for services rendered up to the termination date and shall not receive any further payment. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Emdovees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement 6.3 Conflict of Interest No officer or employee of the City shall have arty financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give arty third party any money or other consideration fur obtaining this Agreement. 6.4 Notice Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first- class mail, in the care of the City, to the City Librarian, Contract Officer, 300 South Sunrise Way, Palm Springs, California 92262, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terns of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Ingration: Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement This Agreement may be amended at arty time by the mutrial consent of the parties by an Instrument in writing. 6.7 SeverabiliV. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 134a'S 3-u-4 6.8 Waive r• No delay or omission in the exercise of any right or remedy by a ran defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any defeat must be In writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Product ownershipand nd rights. All publications, products, pages, merchandise, correspondence and income produced under this Agreement will be property of the City of Palm Springs. No such items may be used for any purpose without the written permission of the City Librarian. 6.10 may. The perms executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and delver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF PALM SPRINGS a municipal corporation City Librarian ATTEST: City Manager CONTRACTOR: City Clerk APPROVED AS TO FORM: City Attorney — By: Name- Title: EXHIBIT "A" SCOPE OF SERVICES In exchange for the compensations defined in "Exhibit B" of this Agreement, the Contractor commits to providing at least the following services under the direction of the City Librarian (in support of the Virtual University project) or her designee(s): 1) Generally administer the PSVU as part of the management team and in cooperation with the Marketing Director. 2) Establish and administer academic partnerships with at least three academic content providers with the goal of offering two to three matriculated programs, preferably at the Master's Degree level, leading to a degree by September, 2000. 3) Continue and extend the development of current partnerships with UCLA, CSUSB, Stanford University and Clark Training Center to increase course offerings to at least three courses per semester from each facility. 4) Administer the LSTA grant as approved by the State Librarian and write quarterly and other reports as required by the terms of the current grant within the timelines specified. 5) Seek outside funding (grants, donations) to help sustain PSVU when current grant expires and assist management team in preparing appropriate documents. 6) Assist with other fundraising and community public relations activities as required by City Librarian and on an as needed basis by Marketing Director. 7) Document the PSVU model for replication and use by other libraries under the terns defined by the LSTA grant 8) Prepare one article on PSVU for at least one professional journal. 9) Assist Marketing Director and on-site faculty with technical support when possible. 10) With Marketing Director, maintain master calendar of classes and events noting all deadlines to ensure that they are completely met in a timely fashion. 1 1) Evaluate appropriate new technology and actively work with vendors to refine existing tecl nokxjy to enable both students and faculty to have successful teaching and learning opportunities. 12) With management team, write a three-year development plan for PSVU. 13) Other related duties as defined by the City Librarian. EXHIBIT "A" '� ✓�/ �� 13AA' EXHIBIT "B" COMPENSATION SCHEDULE Contractor shall receive compensation in the amount of $32 per hour, plus expenses as defined below, for the period effective December 15, 1999 through September 30, 2000. Compensation shall not exceed$60,000. All compensation is to be allocated from the Library Services and Technology Act (LSTA) Virtual University grant or other grants available for that purpose. Should those LSTA or other grants become unavailable for any reason, no other compensation will be made available and this Agreement shall be terminated. Contractor shall be reimbursed for reasonable expenses accrued for work completed In support of this Agreement Travel and Irving expenses to and from hone shall not be reimbursed Telephone calls from home, as well as travel to academic and related institutions in support of Virtual University will be reimbursed. All such reimbursements must be approved in advance by the City Librarian. Any expense not approved in advance will not be paid. EXHIBIT "B" DATE December 15, 1999 T0: City Council FROM: City Librarian PALM SPRINGS VIRTUAL UNIVERSITY PROFESSIONAL SERVICES AGREEMENT WITH ROGER OWENS RECOMMENDATION: Staff recommends that Council approve a ten-month Virtual University Professional Services Contract with Roger Owens at a rate of $32 per billable hour, not to exceed a total amount of $60,000, for the period effective December 15, 1999 through September 30, 2000. BACKGROUND: Palm Springs Virtual University has begun Its third year of operation with a new Library Services and Technology grant in the amount of $250,000. The grant is primarily for operations, including staffing by a program coordinator and a marketing director. The Marketing Director's contract was approved November 17, 1999 at the same billing rate. Since this is a contract for an independent consultant, the RFP process was used rather than a recruitment through Human Resources. Roger Owens is a skilled administrator in the field of distance education, with experience in online course development, telecourses, videoconferencing and satellite technology, extension programs and virtual universities. He has been a consultant to the Dean of the University of California Irvine Graduate School of Management and has served as Assistant Dean of the College of Lifelong Learning, Chapman University. He has been a lecturer in the English department of the University of California, Los Angeles and a program manager for the Unisys Corporation. He holds both a P i.D. in English and an MBA in Organizational Development. Dr. Owens became familiar with Virtual University when he was contracted to perform an analysis of PSVU's first two years of operation at the end of Federal Fiscal Year 1999. His report at that time was quickly and efficiently prepared within the brief period allowed, and it was cornmerded by the State Library for its thoroughness, as well as for the recommendations made by Or. Owens for PSVU's continued growth and success. His primary task will be to work with academic providers to bring matriculated classes leading to degrees for PSVU students. This is a complex task, requiring a high degree of negotiating skills as well as the understanding of academia, which Dr. Owens possesses. PSVU has been the single most complex program ever undertaken by the library, and the quality and expertise of its support staff is essential to developing a successful, replicable (for other libraries) model as desired by the State Library. Dr. Owens is experienced and qualified to pursue these difficult goals. FISCAL IMPACT: All of the consultant's fees will be funded via the LSTA grant and there will be no impact upon the General Fund. The State Librarian has approved this expenditure via the grant application-for FFY 2000. p� �,, APPROVED `I'�`' Librarian Acting City Manager 13-� Attadxnents 1. Professional"Services Agreement 2. Minute Order MINUTE ORDER NO. AUTHORIZING THE APPROVAL FOR A TEN-MONTH PALM SPRINGS VIRTUAL UNIVERSITY PROFESSIONAL SERVICES CONTRACT WITH ROGER OWENS AT A RATE OF $32 PER BILLABLE HOUR, NOT TO EXCEED A TOTAL AMOUNT OF $60,000, FOR THE PERIOD EFFECTIVE DECEMBER 15, 1999 THROUGH SEPTEMBER 30, 2000. 1 HEREBY CERTIFY that this Minute Order authorizing approval for a ten-month Palm Springs Virtual University contract with Roger Owens at a rate of $32 per billable hour, not to exceed a total amount of $60,000, for the period effective December 15, 1999 through September 30, 2000, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on thel 5th day of December, 1999. ----------------- TRISHA SANDERS City Clerk