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HomeMy WebLinkAbout09-21-2026 Community Partnership Agreement with ECOSLO COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE ENVIRONMENTAL CENTER OF SAN LUIS OBISPO This COMMUNITY PARTNERSHIP AGREEMENT, hereinafter referred to as the Agreement, is made and entered into in the City of San Luis Obispo on __________________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter referred to as “CITY”), and the ENVIRONMENTAL CENTER OF SAN LUIS OBISPO, a California non-profit organization (hereinafter referred to as “ECOCLO”). The CITY and ECOSLO are individually referred to as a “party” or collectively as the “parties”. WITNESSETH: WHEREAS, the CITY and ECOSLO have a long-standing public / private partnership stretching over thirty years where the two entities have engaged in mutually beneficial community projects including environmental education efforts, land and stream restoration and clean-up projects; green business programming; volunteer tree planting and stewardship; public engagement and community awareness, all in a manner beneficial for one another’s projects an initiatives; and WHEREAS, CITY’s 2025-27 Financial Plan feature a Major City Goal work plan for Open Space, Climate Action, and Resilience, including section 4 “Protect, sustain and advance open space and natural and historic resources” with sub-section 4.d being most pertinent “Plant at least 125 native trees in Open Space through partnerships in furtherance of the "10 Tall" goal”; and WHEREAS, ECOSLO has set forth a request for CITY for funding an ongoing and currently active volunteer tree planting program, and CITY has solicited a proposal from ECOSLO for its services in this overseeing and administering the tree planting program; and WHEREAS, the CITY desires to maintain it long-standing, mutually beneficial relationship between the CITY and ECOSLO to advance climate action, climate adaptation, urban forestry, and open space stewardship goals; and WHEREAS, the CITY has determined that partnerships with community organizations to provide shared services to the community are of great benefit and ECOSLO has expressed a willingness to continue these shared services, in partnership and in cooperation with CITY; and WHEREAS, ECOSLO is a 501(c)3 non-profit organization and is uniquely qualified to provide the services contemplated under this Agreement due to its more than 40 years of experience delivering environmentally beneficial projects in San Luis Obispo. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The duration of this Agreement shall be for a period of approximately three (3) years, commencing on July 1, 2026 and continuing to June 30, 2029 (the “Term”), which may be extended upon the mutual written agreement of the parties. 2. FINANCIAL MANAGEMENT. Initially, the CITY and ECOSLO intend to engage in certain activities relating to tree planting and maintenance and volunteer management, and in Docusign Envelope ID: EC246C9E-5EA2-8597-83F4-334B4406BDE3 9/21/2026 | 12:20 PM PDT connection therewith the parties intend to implement those projects in accordance with the financial terms outlined in Section 2.1, below. 2.1 PAYMENT TO ECOSLO. The CITY shall provide funding to ECOSLO for certain known project efforts, described below: A. CITY has requested ECOSLO’s services for tree planting, maintenance, and volunteer management at various CITY properties. CITY shall issue a Purchase Order (the “City Purchase Order”) in the amount of $42,991 pursuant to ECOSLO’s proposal and scope of work, which shall be incorporated into the City Purchase Order. CITY shall remit payment to ECOSLO on a reimbursable basis upon receipt of quarterly invoices from ECOSLO in accordance with the City Purchase Order. The City Purchase Order shall be subject to the mutual approval of CITY and ECOSLO. 3. ROLES AND RESPONSIBILITIES. The CITY’s identified community partner liaison may authorize minor modifications from time to time within the scope of their financial and/or operational authority, to the Roles and Responsibilities as they may deem necessary or appropriate to the partnership between the CITY and ECOSLO. Any material amendment or modifications to the Roles and Responsibilities shall be upon mutual written consent of both parties, in accordance with paragraph 6, below. A. SCOPE OF SERVICES i. Both parties agree to collaborate on the land conservation and land restoration projects identified at paragraph 2.1, above. ii. Both parties will consider prospective additional project opportunities as they arise during the Term of this Agreement. Any additional project opportunities that CITY and ECOSLO elect to pursue together under this Agreement shall be subject to available funding and staff resources of each of the parties and would be facilitated and administered through an appropriate contractual agreement or purchasing method. Through this Agreement, it is CITY’s express intent to identify ECOSLO as a preferred partner and vendor for project activities as described herein. iii. CITY and ECOSLO staff will meet and coordinate project administration and implementation on a quarterly or as-needed basis. B. CITY OBLIGATIONS i. CITY will be available for quarterly reoccurring meetings, or as needed, with ECOSLO during the Term. ii. CITY shall remit approved payments to ECOSLO as outlined and in accordance with the City Purchase Order described above. iii. CITY shall provide administrative support for its own project management and reporting. iv. CITY shall coordinate timing and access to CITY’s properties where tree planting and maintenance will occur. v. CITY will coordinate with ECOSLO on any press releases, media, or public communications related to the Scope of Services. C. ECOSLO OBLIGATIONS i. ECOSLO will be available for quarterly reoccurring meetings, or as needed, with CITY during the Term. ii. ECOSLO will dutifully carry out the Scope of Services. Docusign Envelope ID: EC246C9E-5EA2-8597-83F4-334B4406BDE3 iii. ECOSLO shall assemble and manage volunteers to complete work contemplated in the Scope of Services. iv. ECOSLO shall submit requests for payment or periodic invoices to CITY as outlined and in accordance with the City Purchase Order described above. v. ECOSLO shall provide CITY with a semi-annual report documenting project planning and implementation activity, including summary success metrics, and any observations or lessons learned. vi. ECOSLO shall provide notification of timing and access to CITY’s properties, and CITY shall provide its concurrence as to where tree planting will occur. vii. ECOSLO shall ensure that all volunteers have completed a volunteer waiver form and ECOSLO shall coordinate with CITY’s Volunteer Coordinator as needed and appropriate 4. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 5. AGREEMENT TERMINATION. Either party may terminate the Agreement for convenience provided that 30 days written notice is given. The Agreement may be terminated by either party for cause, provided that written notice has been given in the manner specified herein stating the reasons for the intended termination and providing the other party at least 10 days to cure any alleged breach. If the party receiving notice fails or refuses to cure the alleged breach within 10 days, or to make substantial progress toward cure to the satisfaction of the party demanding cure, this Agreement may be terminated 10 days after receipt of the notice as specified herein. 6. AGREEMENT AMENDMENTS. Except as otherwise stated in Section 3 of this Agreement, any amendment, modification or variation from the terms of this Agreement shall be presented in writing by CITY and / or ECOSLO and shall be effective only upon final written approval by an authorized representative of each of the parties. 7. INSURANCE AND LIABILITY A. Each party to this Agreement shall make the other party, its officers, agents, employees and volunteers as separately additionally insured through a CG 20 26 or equivalent, blanket endorsement or section of the policy no later than October 1 of each year. Each party agrees to provide commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00-01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. B. Each party agrees to provide a minimum liability and property damage insurance coverage of one million dollars ($1,000,000). C. Each party shall maintain worker’s compensation insurance at a level that is consistent with state law requirements. 8. HOLD HARMLESS AND INDEMNIFICATION A. CITY agrees to defend, indemnify, protect and hold ECOSLO and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Docusign Envelope ID: EC246C9E-5EA2-8597-83F4-334B4406BDE3 ECOSLO’s employees, agents, officers or volunteers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the CITY, and its agents, officers, employees or volunteers, in performing its responsibilities hereunder, and all expenses of investigating and defending against same; provided, however, that the CITY duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of ECOSLO, its agents, officers, employees or volunteers. B. ECOSLO agrees to defend, indemnify, protect and hold the CITY and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the CITY employees, agents, officers or volunteers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of ECOSLO, and its agents, officers, employees or volunteers, in performing its responsibilities hereunder, and all expenses of investigating and defending against same; provided, however, that ECOSLO’s duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers 9. NOTICE. All written notices to the parties hereto shall be sent by USPS Mail, postage prepaid by registered or certified mail addressed as follows: CITY: City Manager City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 ECOSLO: Executive Director Environmental Center of San Luis Obispo 1012 Pacific Street, Suite B-1 San Luis Obispo, CA 93401 Notices given pursuant to this section shall be deemed effective five (5) calendar days after deposit with USPS Mail. Either party may change its address for notices from time to time by giving written notice of such change in accordance with this section. 11. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and ECOSLO do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for their party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. Docusign Envelope ID: EC246C9E-5EA2-8597-83F4-334B4406BDE3 ATTEST: CITY OF SAN LUIS OBISPO: ________________________________ Teresa Purrington City Clerk _______________________________ Whitney McDonald City Manager APPROVED AS TO FORM: ENVIRONMENTAL CENTER OF SAN LUIS OBISPO: ________________________________ J. Christine Dietrick Kendra Paulding City Attorney Executive Director Docusign Envelope ID: EC246C9E-5EA2-8597-83F4-334B4406BDE3