Loading...
HomeMy WebLinkAbout05725 - KAY HAZEN CITY REPRESENTATIVE FOR SUSTAINABILITY MASTER PLAN Page 1 of 2 Kathie Hart From: Michele Mician Sent: May 04, 2010 2.20 PM To: Kathie Hart Cc: Tam Wilson; Jennifer Henning Subject: RE: A5725 - Kay Hazen -Owner's Rep--Coordinate the City's Sustainability Master Plan Hi Kathie, I just spoke with Kay Hazen was paid for amendment 1. She was paid. So, the amendment should have been executed. She also let me know that she is aware of the insurance and is working on it. Are there other insurance issues we need to clarify? Also I believe that Mayor still uses Kay Hazen and Assoc. for various projects. One example was the Korean delegation visit. For the Office of Sustianbility needs the agreement may be closed out. 9(� Thanks, V ` Michele (C7\ Michele Catherine Mician, MS Manager, Office of Sustainability ,a 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 Ph: 760-323-8214 Please consider the environment before printing this email. From: Kathie Hart Sent: Tuesday, May 04, 2010 10:56 AM To: Michele Mician Cc: Tom Wilson; Jennifer Henning Subject: A5725 - Kay Hazen - Owner's Rep -- Coordinate the City's Sustainability Master Plan Michele: An agreement was approved by the City Council in 2008 for the City's 5ustainability Master Plan, and Amendment 1 was approved in Feb, 2009. All this happened prior to your arrival at our City. Amendment 1 for $20,000 was never executed. By chance, do you know what the status is? If yes, may I ask you to enlighten me? 05/04/10 CONSULTING SERVICES AGREEMENT City Representative for Sustainability Master Plan THIS AGREEMENT is made and entered into to be effective this 1st day of October,2008, between the City of Palm Springs, organization (hereinafter "City") and Kay Hazen (hereinafter referred to as "Consultant"). RECITALS WHEREAS,City desires to retain Consultant to provide certain expertise inthe coordination of the City's preparation of a Sustainability Master Plan and the City's overall sustainability efforts pending completion of the Master Plan. WHEREAS,Consultant is qualified by virtue of experience,training,education and expertise to accomplish such services. NOW, THEREFORE, for good and sufficient consideration,the parties agree as follows: Section 1. Scope of Worlc The scope of work to be performed by Consultant shall consist o f those tasks set forth in the attached Exhibit A. Consultant shall carry out the tasks outlined in Exhibit A according to her own means and methods and is subject to City control only as to the end product or final result of the work or services. Section 2. Term This Agreement shall remain in full force and effect from October 1,2008 through March 30, 2009. Section 3. Compensation 3.1 Rate Schedule For all services rendered pursuant to this Agreement, Consultant shall be compensated at a monthly rate of Five Thousand Dollars ($5,000.00) per month. Although Consultant will perform the majority of her work at the City as that is where the actual work is and will be occurring,she will also maintain an off-site office f or purposes of working on Ci ty and other non-City related projects. Nothing in this Agreement shall preclude Consultant from seeking or carrying out additional work on on-City projects for other clients. Any additional work outside of the services identified in the Scope of Work approved in writing by the City Manager will be compensated at the hourly rate of"$175,00 per hour and $100.00 per hour for associates. 3.2 Method ofPayinent Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. 3.3 Records of Expenses Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. 3.4 Benefits Consultant shall not be entitled to receive any other benefits of employment provided to City's regular employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals. 3.5 Deductions Consultant shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, slate or local lax authority with respect to Consultant's performance of services and receipt o f compensation under this Agreement. Because Consultant is an independent contractor, City shall not withhold or make payments f'or social security, make unemployment insurance or disability insurance contributions, or obtain worker's compensation insurance on Consultant's behalf. Consultant shall comply with,and agrees to accept exclusive liability for non- compliance with, all applicable state and federal laws, rules and regulations, including, without limitation,obligations such as payment of all taxes,social security,disability and other contributions based on compensation received by Consultant under this Agreement. Consultant hereby agrees to indemnify, hold harmless and defend City against any and all such liability, taxes or contributions, including, without limitation, penalties and interest. Section 4. Independent Contractor The City regards Consultant's services as unique and specialized_ It is agreed that Consultant shall act and be an independent contractor and not an employee of the City. The parties acknowledge that Consultant is neither covered by nor subject to the Memoranda of Understanding between the City and its employees or City employment policies. Section 5. Limitations Upon Subcontractin¢ and Assianment The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity, or assign work to any subordinate to perform the services required under this agreement. Section 6. insurance Requirements 6.1 Commencement of Work. Consultant shall not commence work under this Agreement until she has obtained all insurance required and this insurance has been approved by City's Risk Manager. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the City of any material change,cancellation,or termination at least thirty (30) days in advance- 6-2 Workers'Compensation Insurance. If Consultant employs any employees during the term of this Agreement,Consultant shall maintain Workers Compensation Insurance in the arnount and type required by law. 6.3 Insurance Amounts. Consultant shall maintain the following insurance for the duration of this Agreement: (a) Comprehensive general liability in an amount of$500,000.00 per occurrence. Insurance companies must be admitted and licensed in California and have a Best's Guide Rating of A-, Class VII or better, or as approved by the City's Risk Manager. (b) Automobile liability in an amount of$500,000.00 per occurrence.Insurance companies must be admitted and licensed in California and have a Besfs Guide Rating of A-, Class VII or better, or as approved by the City's Risk Manager. Endorsements for the policies under this Section 6.3 shall designate City as an additional insured. Consultant shall provide to City proof of such additional insured coverage in the form of both certificates of insurance and endorsement forms, as approved by the City's Risk Manager. Section 7. Indemnification The Consultant agrees to indemnify the City,its officers,agents,and employees against,and will hold and save them harmless from, any and all actions , suit, claims, damages to persons or property,losses,costs,penalties, obligations, errors, omissions, or liabilities, including paying any legal costs,attorney fees,or paying any j udgment(herein"Claims or liabilities")that may be asseted or claimed by any person, fmll, or entity arising out of or in connection with the negligent performance of the work or services of Consultant,its agents,employees,subcontractors,or invitees, provided herein,or arising from the negligent acts or omissions of Consultant hereunder,or arising from Consultant's negligent perfonmance of or failure to perform any term,provision, covenant,or condition of this Agreement. City will cause each contractor and any consultants retained by the City to provide services for any project for which the Consultant is engaged,to indemnify and hold Consultant harmless Jiom any claims,losses, expenses,and damages 9including attorneys' fees and costs)that may arise from said contractor or consultant activities on the project. Section $. Non-Liability of Citv Council Members No City Council member shall be personally liable to Consultant in the event of any default or breach by the City, and/or the City, or for any amount, which may become due to Consultant. Consultant's billed time shall be an obligation of the City to the extent permitted by law. Section 9. Compliance with Law Consultant shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local govermnent in the performance of the duties, which are the subject of this Agreement. Section 10. Termination This Agreement maybe terminated without cause by either party by giving 30 days advance written notice of termination to the other party. In the event of tenination under this section, Consultant shall be paid on a pro-rata basis for work completed to date. Section 11. Notice All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. Section 12. Entire Agreement This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF PALM SPRINGS ATTEST: David Ready 'I City Manager ity Clerk it G�� � CONSULTANT By: Kay APPROVED TO FORM: APPRO�JPO BY CI i Y COUKIL By. 0� f�GJ�a� Dou 1 s C. Tolland City Attoiney Exhibit "A" SCOPE OF WORK 1. Manage the day to day work of consultants developing the Sustainability Master Plan process 2. Provide advise and recommendations regarding approach and strategies 3. Attend project meetings 4. Provide internal updates,briefings and other communications as needed 5. Monitor consultant progress against scope and review all billings PEES: • S5000/month retainer TERM: • 6 months from October 2008 through March 2009 • Services to be billed monthly • Lxpenses will be charged at cost • 30 day notice provision for termination Additional services outside the identified scope will be approved in advance by the City Manager and charged at the hourly rate of$175/hour for the principal and $100/hour for associates.