HomeMy WebLinkAbout08/03/1993, C-11 - APPROVAL OF TWO-YEAR CONTRACT WITH ECOSLO FOR ENVIRONMENTAL CENTER SERVICES lllu^lulll�lll�l��l III � r MEETING DATE:
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COUNCIL AGENDA REPORT 'TE NUMBER:nr J 1
FROM: Ken Hampian, Assistant City Administrative Officer
Prepared by: Deb Hossli, Administrative Analyst -,�/
SUBJECT: Approval of two-year contract with ECOSLO for Environmental Center Services
CAO RECOMMENDATION: Approve and authorize the Mayor to execute a two year
contract with ECOSLO in the amount of $40,000 ($20,000 each year) for Environmental
Center Services
DISCUSSION:
At the City Council's direction, $40,000 ($20,000 each year) was included in the 1993-95
Financial Plan to continue contracting with ECOSLO for Environmental Center services.
In recognition of this action, staff has developed a new two-year contract with ECOSLO
(which basically mirrors the existing contract) for the City Council's consideration. Key
points of the agreement include:
■ ECOSLO will maintain a fully staffed office in San Luis Obispo open to the public
during normal business hours each week (Monday through Friday 9:00 a.m. to 4:00
p.m.). ECOSLO will answer questions from the public and disseminate information
on environmental topics.
■ ECOSLO will display and disseminate City program information and supplies (e.g.,
water conservation information and supplies, solid waste and recycling information
and supplies, etc.).
■ ECOSLO will assist the City with educating the community on important
environmental topics (e.g., assisting the City with convening appropriate
environmental groups to provide input on proposals or projects effecting the
environment, disseminating information to the public on environmental topics, etc.).
■ ECOSLO will annually update the Recycled Products Directory for City residents.
The Directory provides City residents with basic reference information on the types
of recycled products available and where they can be purchased. ECOSLO will work
with the City's Solid Waste Coordinator to develop each update of the Directory.
■ ECOSLO will sponsor and promote an annual event that will enhance public
awareness of an important environmental issue (the City Administrative Officer will
have final approval of event).
■ ECOSLO will provide the City with semi-annual reports demonstrating progress
toward fulfilling the terms of their contract.
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■ ECOSLO will not use any of the monies provided as part of this contract for political
advocacy activities.
FISCAL IMPACT:
The 1993-95 Financial Plan contains adequate funding for ECOSLO's contract.
CONCURRENCES:
ECOSLO has reviewed the attached contract and concurs with its contents.
ATTACHMENTS:
ECOSLO Contract
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PROFESSIONAL SERVICES AGREEMENT
WITH THE ENVIRONMENTAL CENTER OF SAN LUIS OBISPO COUNTY
This agreement, made this _day of , 1993 by and between the CITY
OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and
ENVIRONMENTAL CENTER OF SAN LUIS OBISPO COUNTY (hereinafter referred
to as "Contractor").
WITNESSETH:
Whereas, the City is committed to preserving a healthy and sustainable environment for its
citizens of today as well as the future; and
Whereas, the City desires to educate its citizens on the importance of preserving a healthy
and sustainable environment for current as well as future generations; and
Whereas, the Contractor was created in 1971 for the primary purpose of educating the
community on environmental issues; and
Whereas, the Contractor is organized and equipped to carry out educational programs
efficiently and economically to complement City efforts in this area.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROGRAM COORDINATION
A. Ci. The City Administrative Officer or his designated representative, shall
be the Project Manager representing the City for all purposes under this
agreement. He shall supervise the progress and execution of this agreement.
B. Contractor. Contractor shall assign a single Project Manager to have overall
responsibility for the progress and execution of this agreement for Contractor.
Sandi Sigurdson is hereby designated as the Project Manager for Contractor.
Should circumstances or conditions subsequent tot he execution of this
agreement require a substitute Project Manager for any reason, the Project
Manager designee shall be subject to the prior written acceptance and
approval by City Project Manager.
2. DUTIES OF CONTRACTOR
A. Services to be furnished.
1. The Contractor will maintain a public office within the City of San
Luis Obispo at a location acceptable to the City Council. The
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ECOSLO Agreement
Contractor will maintain a full complement of staff in this office
including a manager with necessary secretarial assistance. The office
will be staffed and open to the public daily during regular office hours
five days per week (Monday through Friday), excepting legal holidays.
During its hours of operation, the Contractor will disseminate
information on environmental topics of interest to the community;
answer walk in and telephone inquiries on environmental topics; and
provide a lending library of books, video tapes, and slides on
environmental topics to the public. The Contractor shall be permitted
to charge reasonable fees for the material it distributes (except for
material furnished to the Contractor by the City).
2. The Contractor will display and disseminate City program
informational materials and supplies (e.g., water conservation
information and supplies, solid waste and recycling information and
supplies, etc.) at the Environmental Center Office and Recycling Yard.
The City will supply contractor with informational materials and
supplies on an ongoing basis free of charge. The Contractor will, in
turn, make the materials and supplies available to City residents free
of charge.
3. The Contractor will assist the City with educating the community on
important environmental topics. At the City's request, the Contractor
will assist with disseminating information on environmental topics,
convening appropriate environmental groups to review and provide
input on proposals or projects affecting the environment, and other
mutually agreed upon tasks that will promote greater community
awareness of environmental topics.
4. The Contractor will update the Recycled Products Directory annually
(by June 30 of each year of the contract) for City residents. The
Directory provides City residents with basic reference information on
the types of recycled products that are available and where they can be
purchased (e.g., paper, household goods, tires, etc.). The Contractor
will make the Directory available to City residents free of charge. The
Contractor shall be permitted to charge non-City residents a
reasonable fee for the Directory.
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ECOSLO Agreement
5. The Contractor will sponsor and promote an annual event ( for a total
of two events during term of contract) that will enhance public
awareness of an important environmental topic (e.g., creek protection,
air quality concerns, water conservation, solid waste concerns, etc.).
Each year, the Contractor will present the City Administrative Officer
with an overview that describes the proposed event and sets out the
date, time, place, itinerary of activities, co-sponsors (if any), etc. The
Contractor will obtain City Administrative Officer approval for all
aspects of the proposed event prior to moving forward with planning
and implementation activities.
6. The Contractor will provide the City Council with semi-annual progress
reports due on January 1, 1994, July 1, 1994, January 1, 1995, and July
11 1995. The reports will provide the City staff and Council with an
overview of the progress the Contractor has made toward fulfilling the
terms of this contract. Contract payments, as set out in Section 4 of
this contract, will not be released until the City receives and accepts
the Contractor's report.
7. The Contractor agrees that no City monies provided as part of this
contract will be used for political advocacy activities.
B. Laws to be observed by Contractor.
1. Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Contractor under this
agreement.
2. Keep itself fully informed of all existing and proposed federal, state
and local laws, ordinances, regulations, orders, and decrees which may
affect those engaged or employed under this agreement, any materials
used in Contractor's performance under this agreement, or the conduct
of the services under this agreement.
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ECOSLO Agreement
3. At all times observe and comply with, and cause all of its employees
to observe and comply with all of said laws, ordinances, regulations,
orders, and decrees mentioned above.
4. Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency..it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any
plans, drawings, specifications, or provisions of this agreement.
C. Codes of reports and information. If City requests additional copies of
reports, drawings,specifications, or any other materials in addition to what the
Contractor is required to furnish in limited quantities as part of the
services under this agreement, Contractor shall provide such additional copies
as are requested, and City shall compensate Contractor for the costs of
duplicating of such copies at Contractor's direct expense.
D. Oualifications of Contractor. Contractor represents that it is qualified to
furnish the services described under this agreement.
E. Notwithstanding. any representations, oral or written, between parties,
including any and all agents or representatives thereof, Contractor at all times
covered by the terms of this agreement is acting as a free and independent
contractor, not as any agent of the City. Any and all supervision and direction
by any City official, department or body shall be only that necessary to
provide broad general outlines, and Contractor will use its own initiative and
discretion in performing the details of work herein.
F. All services provided by the Contractor listed within this agreement are in
addition and beyond those of any and all other contracts currently held
between the City and Contractor.
3. DUTIES OF CITY
City agrees to cooperate with Contractor and to perform work described hereto and
incorporated by this reference.
4. COMPENSATION
City shall pay to Contractor the following sums for furnishing said services:
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ECOSLO Agreement
A. A flat rate of Twenty Thousand Dollars ($20,000) for 1993-94 and Twenty
Thousand Dollars ($20,000) for 1994-95 for services described herein.
B. Payment of contract shall be made as follows:
- August 15, 1993 $105000
- January 15, 1994 $10,000
- July 15, 1994 $10,000
- January 15, 1995 $10,000
5. TIME FOR COMPLETION OF THE WORK
All requirements of this agreement will be fulfilled by the contractor by July 1, 1995.
6. TEMPORARY SUSPENSION
The City Project Manager shall have the authority to suspend this agreement wholly
or in part, for_such period as he deems necessary due to unfavorable conditions or
to the failure on the part of the contractor to perform any provision of this
agreement. Contractor will be paid the compensation due and payable to the date
of temporary suspension.
7. SUSPENSION; TERMINATION
A. Right to suspend or terminate. The City retains the right to terminate this
agreement for any reason by notifying Contractor in writing sixty (60) days
prior to termination and by paying the compensation due and payable to the
date of termination; if this agreement is terminated for fault of Contractor,
City shall be obligated to compensate Contractor only for that portion of
Contractor services which are of benefit to City. Said compensation is to be
arrived at by mutual agreement of the City and Contractor and should they
fail to agree, then an independent arbitrator is to be appointed by mutual
agreement and his decision shall be binding upon the parties.
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of Contractor are being performed in accordance with the
requirements and intentions of this agreement. All work done and' all materials
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ECOSLO Agreement
furnished, if any, shall be subject to the City's Project Manager's inspection and
approval. The inspection of such work shall not relieve Contractor of any of its
obligations to fulfill its agreement as prescribed.
9. NOTICE
All notices hereunder shall be given in writing and mailed, postage prepaid, by
Certified Mail, addressed as follows:
To Contractor: Environmental Center of San Luis Obispo
P.O. Box 1014
San Luis Obispo, CA 93403
To City: City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Attention: Deb Hossli, Administrative Analyst
10. INTEREST OF CONTRACTOR
Contractor covenants that it presently has no interest, and shall not acquire any
interest direct or indirect financial or otherwise, which would conflict in any manner
or degree with the performance of the services hereunder. Contractor further
covenants that, in the performance of this agreement, no subcontractor or person
having such an interest shall be employed. Contractor certifies that no one who has
or will have any financial interest under this agreement is an officer or employee of
the City. It is hereby expressly agreed that, in the performance of the services
hereunder, Contractor shall at all times be deemed an independent contractor and
not an agent or employee of the City.
11. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its officers, agents,
and employees:
A. Any and all claims and demands which may be made against City, its officers,
agents or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Contractor under this
agreement or of Contractor's employees or agents;
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ECOSLO Agreement
B. Any and all damage to or destruction of the property of City, its officers,
agents, or employees, occupied or used by or in the care, custody, or control
of Contractor, or in proximity to the site of Contractor's work, caused by any
negligent act or omission of Contractor under. this agreement or of
Contractor;
C. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage
suffered or sustained by any employee or agent of Contractor under this
agreement,however caused, excepting,however, any such claims and demands
which are the result of the negligence or willful misconduct of City, its
officers, agents, or employees;
D. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any infringement or alleged infringement
of any patent rights or claims caused by the use of any apparatus, appliance,
or materials furnished by Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of the violation
of any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit
is due to negligence on the part of the Contractor.
Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions,
or other legal proceedings that may be brought against or for employees on any such
claim or demand of such third persons, or to enforce any such penalty, and pay and
satisfy any judgement or decree that may be rendered against City, its officers,
agents, or employees in any such suit, action or other legal proceeding, when same
were due to negligence of the Contractor.
12. WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the Labor Code of the State
of California,which require every employer to be insured against liability for workers
compensation or to undertake self-insurance in accordance with the provisions of that
code, and it certifies that it will comply with such provisions before commencing the
performance of the work of this agreement.
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ECOSLO Agreement
13. INSURANCE
Contractor shall provide proof of insurance in accordance with Insurance
Requirements for Consultants as described in Exhibit "A" attached hereto and
incorporated herein by reference as though here fully set forth.
14. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to, and shall bind,
the heirs, successors, executors, administrators, assigns, and subcontractors of both
parties.
15. WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or
condition of this agreement or of any provision, ordinance, or law shall not be
deemed to be a waiver of any subsequent breach of violation of the same or of any
other term, covenant, condition, ordinance, or law. The subsequent acceptance by
either party of any fee or other money which may become due hereunder shall not
be deemed to be a waiver of any preceding breach or violation by the other party of
any term, covenant, or condition of this agreement or of any applicable law or
ordinance.
16. COSTS AND ATTORNEY FEES
The prevailing party in any action between the parties to this agreement brought to
enforce the terms of this agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection with such an action from
the other party.
17. DISCRIMINATION
No discrimination shall be made in the employment of persons under this agreement
because of the race, color, national origin, ancestry, religion, sexual orientation, or
sex of such person.
If Contractor is found in violation of the nondiscrimination provisions of the State
of California Fair Employment Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have the power to cancel
or suspend this agreement, in whole or in part, or to deduct from the amount payable
to Contractor the sum of Twenty-Five Dollars ($25) for each person for each
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ECOSLO Agreement
calendar day during which such person was discriminated against, as damages for said
breach of contract, or both. Only a finding of the State of California Fair
Employment Practices Commission or the California Fair Employment Practices
Commission or the equivalent federal agency or officer shall constitute evidence of
a violation of contract under this paragraph.
If Contractor is found in violation of the nondiscrimination provisions of this
agreement or the applicable affirmative action guidelines pertaining to this
agreement, Contractor shall be found in material breach of the agreement.
Thereupon, City shall have the power to cancel or suspend this agreement, in whole
or in part, or to deduct from the amount payable to Contractor the sum of Two
hundred Fifty Dollars ($250) for each calendar day during which Contractor is found
to have been in such noncompliance as damages for said breach of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representatives, or agreements
either written or oral. This document may be amended only by written instrument,
signed by both City and Contractor. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the State of
California.
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day
and year first above written.
ENVIRONMENTAL CENTER OF SAN LUIS OBISPO COUNTY
BY
Kurt Kupper, Principal
CITY OF SAN LUIS OBISPO
BY
Peg Pinard, Mayor
ATTEST: APPROVED AS TO FORM:
Diane Gladwell, City Clerk e r ens"n, City Attorney
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INSURANC IEQUIREMENTS FOR CONTR. TORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scone of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/locatioa or the general aggregate limit shall.be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles 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
officers, officials,employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City,its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
S. Each insurance policy.required by this clause shall be endorsed to state that coverage shall not be
suspended, voided,cancelled by either party, reduced in coverage or in limits except after thirty(30)days'
prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANN.
Verification of Coveraae
Contractor shall furnish the City with x certificate of insurance showing required coverage. Original endorsements
effecting general liability and automobile liability coverage are also required by this clause. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
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