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HomeMy WebLinkAbout05493 - DR. STEVE ALBRECHT AS-NEEDED CITY EMPLOYEE TRAINING VARIOUS TOPICS Page 1 of 1 Kathie Hart From: Sue Mills Sent: April 03, 2009 3:13 PM To: Kathie Hart ' Subject: RE' A5�5493 -S Albrecht.pdf PA� No. This should be closed. Thanks for the follow-up! Kry,F. ~`" I Sue Mills Director of Human Resources City of Palm Springs 3200 R.Tahyuiu Canyon Way Telephone: (760)323.8217 P.O Box 2743 Fax: (760)323-8287 Pulm Springs,CA 92263.2743 rvww.palmsprinns-cn.guv Snc.MdlsQ]palmsormes_ca ovv CONFIDENTIALITY NOTICE-This niessgge is intended onlyfor lire addrerrer shorn above 1t may canton rnformulion Iha7ls prlMleged cofdential or othcni rsc prolcc[ed from disclosure.Any remeiv,disseminntion,or nse ojrGla trorsmrsamn or its contcnls bypcnnnt artier than the addressee rs strictly prohibitrd jf you have received this message ur error plcosc notify the sender rmmedtately at r760)323-8212 From: Kathie Hart Sent: Friday, April 03, 2009 10:38 AM To: Sue Mills Subject: A5493 - S Albrecht.pdf This was a Troy agreement. Since it appears to deal with sexual harrassment and such L thought I'd ask you. Is this agreement still open? 04/03/09 t CONSULTING SERVICES AGREEMENT Dr. Steve Albrecht, PHR, CPP THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement"] is made and entered into this 3014 day of April, 2007, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Dr_ Steve Albrecht, a private individual ("Consultant'j. RECITALS A. City requires the services of a qualified consultant to provide as-needed employee coaching,counseling and personal development services("Project"). 13. Consultant is qualified to act as a certified trainer and employee coach and such services are not currently being provided for by any existing employee of City. C. City desires to retain Consultant to provide professional services and both parties desire by this.Agreement to set forth the terms and conditions of this arrangement, NOW,THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide as-needed employee coaching, mentoring and personal development services as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the"services" or"work',which includes the agreed upon schedule of performance and the schedule of fees. 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 bconsistency between the terms contained in the Scope of Services/Work and the 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 in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent jurisdiction. 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 1~amiliaritv_1r�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. W2007 Csi�@,mmL BID P,NVOr' , ' ill' 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit W. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement,Consultant shall be.compensated and reimbursed,in accordance with the schedule of fees set forth in Exhibit"A," which total amount shall not exceed Eight Thousand Five Dollars ($8,500). 33 Method gf Favment. In any month in which Consultant wishes to receive payment,Consultant shall no later than,the first worldng day of such month, submit to City in the form approved by City's Controller, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of ServicesAvork is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional 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, 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. 3.4 Appropriations. TWs 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 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. u 2007 2 4.2 Schedule of Perrormance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of per['omiance set forth in Exhibit"A"- The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidermic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Conn-act Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term- Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of twelve (12) months, commencing on May 1, 2007, and ending on April 30, 2008, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant- The following principal of Consultant is hereby designated as being 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: Steve Albrecht, D-B-A. It is expressly understood that the experience, knowledge, education, capability, and reputation ol' the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the Ioregoing principal shall be responsible during the teen 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, or his/her designee, 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 Assi nment. 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. 618/2007 3 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 tines 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. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assibnunent of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant- Name- Title: Steve Albrecht, D.B.A. Principal 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "B", which is attached hereto and is incorporated herein by reference. 7. 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"), fi-om and against any and all liability, actions, suits, proceedings, claims, demands, losses, costs,judgments, damages, expenses, including legal costs and attorneys' lees, and causes of action for injury to or death of person or persons, for dannage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance, and for errors and omissions committed by Consultant, its officers, employees, representatives. and agents, arising out of or related to Consultant's performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indernnifrcation obligation or other liability hereunder- 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and subunit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 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 5130/2007 4 to such books and records at all reasonable times, including the right to inspect, copy, audit, and snake records and transcripts from such retards. 8.3 Ownership of Documents. All drawings, specifications, reports, retards, 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 fitrther 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. 8.4 Release of Documents. 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. 8.5 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. 9. ENFORCEMENT OF AGREEIIIFNT 9.1 Callfornfa 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 Riverside, State of Califomia,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. 9.2 Wfiver. No delay or omission in the exercise of any right or remedy of a non- defaniting 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. 9.3 Rights nerd Remedies nre 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 patty. 9A 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 413=007 5 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. 9.5 Terminattgn Prigr tg Exuiratign of Term, City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, 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 receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOY'EES,_N ] L-L!ISCRIMINATION 10.1 Non-Li2bility of City Officers and Em to ees. 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_ 10.2 Covenant Aeainst 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. 11, Mffi!Q I jANEOUS PROVISIONS 11.1 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 S Potion. To City: City of Palm Springs Attention:City Manager 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Dr. Steve Albrecht 9528 Miramar Road, Suite 270 San Diego, CA 92126 11.2 Integrated Agreement, This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 413012007 6 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. 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 cant'out the intent of the parties hereunder. 11.5 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. [Signature Block on Next Page] 401Z007 ry IN WITAIESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY„ City of P2bu Springs Date: David H.Ready City Manager APPROVER S TO FOItl1i: ATTEST By: � Douglad C. Holland, — ames Thompson, City Attorney City Clerk "CONSULTANT" Dr. Steve Albrecht 1 Date: J �� )C / By : °1� (name) C W rN NS (title) Not To Exceed$ C> APPROVED BY c y MANAGER Without The ExFessWritten Authorization ®t The City 0 t of Manager. aYe=007 g EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICESIWORK Including, Schedule of Fees And Schedule of Pezformance M9012007 g ]EXHIBIT "A" SCOPE OF WORK Consultant shall provide "as-needed" training to City employees on a wide-range of topics, including but not limited to: /S • Respectful Workplace • Sexual Harassment • Time Management • Stress Management • Five Functions of Supervision • Conducting Employee Appraisals • Progressive Discipline • Managing Conflict • Delegation SCHEDULE OF COMPENSATION Consultant has proposed a flat rate of$200.00 per hour for completing the Project. In no event shall Consultant's total billings exceed Eight Thousand Five Hundred Dollars ($8,500) without prior written authorization by the City. City shall make payment to Consultant within thirty (30) days after approval by City of an itemized invoice prepared and furnished by Consultant. All invoices submitted for payment shall include a detailed accounting of the services rendered. 81212007 111 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement,including any extension thereof, and shall not be cancelable without thirty(30)days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies,certificates, and endorsements evidencing the salve shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees,and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: I. Comprehensive general liability and personal injury with limits of at least one million dollars($1,000,000.00)combined single limit coverage per occurrence; 2, Automobile liability insurance with limits of at least five hundred thousand dollars($500,000.00)per occurrence; 3. l7refe least Re«F4N1f.,« A-11.,�..!cY nun nun nrt ,.._.,..A_ 0 o , 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least $1 million per occurrence. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City,its elected officials,officers, employees,agents, and volunteers. B, UFFAng And Omissiens Gaiwee If Gensuhaatie t��ers e€ ideal with n e then l ft -A*' lea eampletieft a Dr=7 12 liability paliey. C. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Ivey Rating of A-, Class VII,or better,unless otherwise acceptable to the City. D. Verif►mtion of Ca_v_erau Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. )E . X]eductlbles_and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. F. Severability of Interests(Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4130/2007 13