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HomeMy WebLinkAbout05813 - PATRICIA FIERRO CONSULTING TRAIL HEAD AND SIGNAGE PROJECT MGMT Kathie Hart From: Vicki L. Oltean Sent: Thursday. April 04, 2013 9:28 AM To: Kathie Hart Cc: Jay Thompson Subject: RE: Agreement Status (Expiring Soon and Expired) 1. Merchants Landscape Services—this is under Public Works and it is my understanding they are revising the specs for a new contract,so will need to contact Barakian on status. 2. Verizon Wireless—I will need to check our files, but I do know we still have the towers and they have been working on them upgrading, but there are 3 or so at the Stadium. I'll let you know what I find. Question is are we getting $$$?? 3. Pacific Bell Wireless LLC—again will need to check files for status. 4. Greater Pride—I guess we felled to get a contract in 2012?? Will check with Jasmine upon her return. t^ ACJt165. Waterline Studios, Inc.—this was a contract that Sharon Heider had initiated, so we could probably close as they have not done any work since her departure. v NyOG6. Patricia Fierro Consulting—again another Sharon project that has been completed. 7. GreenPlay LLC—this project was never completed (still in draft form); so, let's keep active. 8. PlaySafe LLC - I was given direction from CM to renew agreement for continued playground inspections, however, I have not been able to get the City Attorney to re-do what was previously done (I know he is very busy), so what you currently have can be closed, but hopefully sometime this year we will have a new agreement in place. I do have their updated insurance. From: Kathie Hart Sent: Wednesday, April 03, 2013 7:42 PM To: Vicki L. Oltean Cc: Jay Thompson Subject: Agreement Status (Expiring Soon and Expired) I have attached two reports for your review: 1. Expired Agreements Report 2. Agreements Expiring in the next 120 Days If any of these agreements may be closed, please advise. The SOON TO EXPIRE REPORT may also be used as a tool to help you assess which agreements 1) may be closed, and 2) which agreements need to amended for time extensions, etc. Please feel free to contact us if there are any questions. Thank you. 4:0(p KaMieHart, CMC Chief Deputy City Clerk City of Palm Springs ff(760)323-8206 3200 E. Tahquitz Canyon Way (760)322-8332 Palm Springs, CA 92262 ®Kathie Hert�Pa/mSprinysCA.aov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 1 PROFESSIONAL SERVICES AGREEMENT Palm Springs Trail Head and Trail Signage Project Management THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into thisa0 th day of March, 2009, ("Effective Date") by and between CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and Patricia Fierro, an independent contractor ("Consultant'). City and Consultant are sometimes individually referred to as "Party" and are collectively referred to as the "Parties." RECITALS A. City has determined that it requires the services of an independent contractor to assist the City in the preparation of a selected City-wide trail head and trail signage analysis update, research, planning and coordination of final written report and recommendations. B. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. C. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.- AGREEMENT 1. CONSULTANT SERVICES 1.1 Description of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide those services specified in the Description of Services, Exhibit "A" to this Agreement (the "services" or "work" or "Description of Services."). Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Description of Services and specific terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. i 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 1.5 Personnel. All services shall be performed by Consultant or under her supervision and all personnel engaged in the work shall be qualified to perform such services. 2. TERM OF AGREEMENT. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect for a period of 6 (six) months, unless extended by mutual written agreement of the Parties. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated in an amount not to exceed Four Thousand Nine Hundred Ten Dollars and 00/100 cents ($4,910.00). Consultant will be paid a total amount for each Task as specified on the Schedule of Payment, Exhibit "A" to this Agreement and the Consultant will be paid on a percentage of services work completed basis for each Task. THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER EACH TASK IS THE AMOUNT SPECIFIED AS THE TOTAL AMOUNT FOR EACH TASK ON THE DESCRIPTION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 3.1 , THE DATA AND CALCULATIONS CONTAINED IN THE REVISED COST ESTIMATE SHALL HAVE NO EFFECT ON THIS AGREEMENT AND NOT BE USED FOR ANY PURPOSE IN THE INTERPRETATION OR ADMINISTRATION OF THIS AGREEMENT. IF THE CITY'S MAXIMUM OBLIGATION IS REACHED FOR ANY TASK BEFORE THE CONSULTANT'S SERVICES UNDER THIS SECTION 3.1 ARE COMPLETED, CONSULTANT WILL NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT SPECIFIED FOR EACH TASK. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, on or about the first business day of such month, Consultant shall submit to the City in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Consultant will submit monthly invoices identifying the work completed and an estimate of the amount of services provided as a percentage of the services required pursuant to the applicable Task. Each invoice will be reviewed and approved the Contract Officer and if approved, paid within thirty (30) 2 days of receipt of the invoice. Each request shall be accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the Contract Officer. If the Contract Officer determines that the work under this Agreement or any specified Task hereunder is incomplete or that the amount of payment is in excess of the amount considered by City to be adequate, the Contract Officer, at his or her discretion, may reduce the payment amount accordingly 3.3 Changes in Scope. In the event any change or changes in the Description of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees, An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.A Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE Consultant shall commence the services on the Effective Date and shall perform all services on an "as needed" basis except as otherwise specified in the Description of Services. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The Consultant designates Patricia Fierro as the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5,2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, 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. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 6, INSURANCE AND INDEMNIFICATION 6.1 Insurance. Consultant shall procure and maintain, at the City's expense, via reimbursement, policies of insurance as set forth in Exhibit "C" to this Agreement. 6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Consultant's liability for indemnification hereunder is in addition to any liability Consultant may have to City for a breach by Consultant of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement. 4 7. RECORDS AND REPORTS 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7,3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 7.4 Release of Information and Documents. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. . 7.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. S. ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 5 8.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. M Legal-Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 8.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, with or without cause, in whole or in part, upon giving Consultant ten (10) days written notice, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder or this Agreement. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. 9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. r, 10. MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, 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 pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To Citv: City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 Attention: City Manager To Consultant: Patricia Fierro Consulting 5405 Alton Street, Suite 5A, 112 Irvine, CA 92604 949-559-7133; iron att 17 cox.net 10.2 Entire Agreement, This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing. 10.A Seyerability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. 7 N®tTo Exceed $ ��'"CITY" \Npthout The Express RPJr itte ra City of Palm Springs Authorization Df The �"Ity Manager. David Ready, City pager ATTEST: APPROVED AS TO FORM: y: y: C7 ro 2crQq Dougla��alland `�42. James Thompson, City Clerk City Attorney "CONSULTANT" APPROVED BY CITY MANAGER Patricia Fierro Consulting By: Print Name and Title s Cisv Ji Pain, Sorinas Sy: _ David Ready, City ivianager ATi EST-I APPROVED AS TO FORM: h_ By: .lames Thompson. Ciia Clerk V City Attorney I I I � "CONSULTANT" Parricia Ferro Consul-Nng 0 r r. -14j-j 7I(�f/-'.- c —L i i� Gc i� .fwirve Print Name and Title EXHIBIT `FA" City of Palm Springs Trail and Trailhead Signage Scope of Work and Schedule of Performance: This project is two fold: (1) to review and gather information on up to eight trailheads to identity ownership, easements, previous City actions, and any restrictions in respect to signage and parking and (2) to make recommendations for removal of existing signage and recommendations for future signage and parking locations. All work shall be completed by September 10, 2009. • Meet and coordinate with Engineering, Planning, and/or other staff to determine; - work done to date by trails groups work done to date by engineering staff regarding ownerships and easements on parking and signage previous City actions with regard to trail and trailhead access. Identify and coordinate additional.work needed from Engineering. • Tour sites and take photos (a maximum of eight sites) to supplement work that has been completed by trail groups. Complete by May 12, 2009. • Coordinate existing information and determine missing pieces of information. • Research current trail and trailhead standards and provide recommendations for signs, placements, and parking requirements/availability • Meet with Eco-Tourism task force a minimum of two times and maximum of three times to present current understanding and gain additional information. • Prepare written report identifying and prioritizing sign locations, number, and type, and parking based on city ownership and existing easements, identify future work needed. Complete by June 2009. • Provide examples of sign verbiage and coordinate with sign company (Best Signs or other as agreed upon) on proposed signs and trailhead markers or kiosks as recommended. • Prepare staff report for submittal to Parks and Recreation Commission however Commission presentation will be given by City Staff. l EXHIBIT 66W" FEE SCHEDULE Patricia Fierro consulting proposes to furnish materials and my services for the completion of the Palm Springs Trail and Trailhead Signage project with the following projected costs which will be invoiced on the 6th of each month: Staff Hours —40 x $ 85/Hr. $ 3,600 Insurance = $ 1,110 Miscellaneous = 400 TOTAL = $ 4,910 to ECHESG INSURANCE REQUIREMENTS Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satistactory to City, during the entire term of the Agreement, including any extension thereof, the following policies of insurance: (a) Commercial General Liat:ility Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage, Including coverages for contractual liability, personal injury, independent contractors, broad form property damage: products and completed operations. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Nlorksrs' Compensation_ Insurance. A policy of workers' compensation insurance in any amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability_ The insurer shalt waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective Insurers.b.3eoz G„. <,r .r,,_or (c) Business Automobile Lnsfirance. A policy_oHt su loess automobile..liabilfty insurance wntt� on a per occumenee'basis with a singes-limit liability in � r the amouRf of$1,000,000 bode y injury and property damage_ The Bu5jindss Automobile--Insurance shall name--'the City, Its officers ,employees and agents as additional insured:' No work or services under this Agreement shall commence until the Contractor has provided the City with a Certificate of Insurance, endorsements, or appropriate insurance binders evidencing the above insurance coverages and said Certificate of Insurance, endorsements, or binders are approved by the City. The Contractor agrees that the provisions contained herein shall not he 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 or the activlttcs of any person, or persons, for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contraclor is required to maintain pursuant to this Section, n Certificate of r=xemption from Workers' Compensation-Inswrance TO: City of Palm Springs A7TN-- City Clerk and Risk Manager SUBJECT, Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a sole proprietor 0 partnership ❑ closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. i further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the Failure to comply with any such laws or regulations. Risk ementApproval: Contractor Signature �L//7 a�e; /144. Printed Name of Contractor ! ' z-) / Date Date