HomeMy WebLinkAbout07/15/1997, C-10 - AGREEMENT FOR PROFESSIONAL SERVICES WITH THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY Council '" "`
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CITY O F SAN LUIS O B I S P O '
FROM: Ken Hampian,Assistant City Administrative Offricer�
Prepared By: Neil Havlik,Natural Resources Manager 6T -1 -
SUBJECT: AGREEMENT FOR PROFESSIONAL SERVICES WITH THE LAND
CONSERVANCY OF SAN LUIS OBISPO COUNTY
CAO RECOMMENDATION
Approve and authorize the Mayor to execute a two-year consultant services agreement with the Land
Conservancy of San Luis Obispo County, for continued consultant services of up to $10,000 per year,
for a total of$20,000 over the two-year life of the Agreement.
DISCUSSION
The City of San Luis Obispo has had a mutually beneficial service relationship with the Land
Conservancy of San Luis Obispo County for several years. In recent years the Land Conservancy has
functioned as an agent or advisor to the City on matters of land conservation in the City's Greenbelt
area and in other areas, particularly along San Luis Obispo Creek. With the establishment of the
Natural Resources Program in 1995, and arrival of the Natural Resources Manager in early 1996, this
relationship has changed to be primarily one of assisting staff in land transactions and restoration
opportunities on San Luis Obispo Creek and its tributaries.
The Land Conservancy continues to play an important role in maintaining contact and credibility with
landowners. The City and Land Conservancy are collaborating on several grant proposals involving
San Luis Obispo Creek and the watershed, and Land Conservancy staff are investigating existing open
space easements in the Greenbelt area(for example a flood easement on the Hayashi property south of
the City),to determine their nature and value to the City's Greenbelt program. These activities are part
of an overall effort to advance land conservation in the San Luis Obispo area generally.
Our experience over the past two years is that a retainer-type consulting relationship requiring
approximately$10,000 per year is adequate to meet the needs of the City. These services will include
continued liaison services with landowners, participating in meetings, and providing background
information about properties of interest to the City, cooperation in creek restoration activities (for
which the Land Conservancy has obtained several sizable grants); and continued participation on the
Natural Resources Inventory, and other natural resource data and information of value to the City.
FISCAL IMPACT
Funding in the amount of$20,000 for the agreement is included in the Natural Resources Program
budget for the 1997-99 budget period($10,000 each year, down from the former$20,000 annual level
prior to full implementation of the Natural Resources Program.). It is, however, understood by both
parties that the services are provided at the request of the City, and only those services which have
been requested will be billed. Therefore the $20,000 represents the total potential financial obligation
to the Land Conservancy by the City under this agreement.
Attachment
Agreement for Consultant Services
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into in the City of
San Luis Obispo on this 15th day of July, 1997, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and the LAND CONSERVANCY OF SAN LUIS OBISPO,
hereinafter called Consultant.
WITNESSETH:
WHEREAS, on July 25, 1995, the City Council directed Staff to develop an agreement with the San
Luis Obispo Land Conservancy to address the implementation process of the"Saving Special Places"report; and
WHEREAS, pursuant to said request, Consultant submitted a proposal which was reviewed and
approved by staff for said services;and
WHEREAS, said services have been found satisfactory and beneficial to both parties, and both parties
wish to continue this relationship;
NOW,THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall commence on July 15, 1997, and shall be in effect for TWO
YEARS,to July 15, 1999.
2. CITY'S OBLIGATIONS. In consideration of the services specified below, City will pay
and Consultant shall receive therefor compensation as follows:
• Director. S50.00/hour
• Professional Staff Support: S30.00/hour
• Special expenses are to be authorized by Staff before expending and be included in the total sum and
not to exceed budget.
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• Costs resulting from escrow expenses such as closing costs, title insurance, etc., are to be paid by the
City directly into escrow.
• Total amount not to exceed$20,000; $10,000 each fiscal year.
• Payment shall be made upon billing by Consultant not more than monthly nor less than quarterly,
showing hours spent on Consultant projects, plus appropriate copies of any expenses advanced on
behalf of City,and upon agreement of said billing by City.
3. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements
mentioned to be made and performed by City, Consultant agrees with City to do everything required by this
Agreement,upon request of the City's Project Manager, primarily, but not limited to,the following areas:
• Acquisition. Upon request of the City, schedule and participate in meetings with landowners within
the Greenbelt area or other areas, provide information to such landowners relative to conservation
options such as easements, prepare site surveys or other baseline information, and assist in
preparation of transaction documents.
• Creek Restoration. Coordinate restoration and enhancement efforts on San Luis Obispo Creek and
its tributaries in order to maximize benefits the benefits to the City and City residents while reducing
costs to the City through cost-sharing efforts on individual projects.
• Natural Resource Inventory and Management Upon request of the City, identify and research
new sources of information regarding the natural resources of the area, storage, retrieval, and
presentation of that information, and management options and programs that can benefit the natural
resources of the City and Greenbelt areas, and provide such information to the City.
4. OWNERSHIP OF MATERIALS. All original drawings, plan documents and other materials
prepared by or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City,and shall be delivered to the City upon demand.
5. AMENDMENTS. Any amendment, modification,or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City.
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6. 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.
7. HOLD HARMLESS AND INDEMNIFICATION. The Contractoragrees 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
Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be
caused by the acts or omissions of the Contractor,and its agents, officers or employees, in performing the work or
services herein, and all expenses of investigating and defending against same; provided, however, that the
Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or employees.
8. 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.
9. INSURANCE. Contractor shall provide proof of insurance in accordance with the City's
Standard Insurance Requirements for Environmental Consultants and Contractors as described in Exhibit "A"
attached hereto and incorporated herein by reference as though fully set forth.
10. 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 agreements, it shall
thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend
this agreement
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11. TERMINATION. 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.
12. 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, orrepresentation be binding upon the
parties hereto.
13. NOTICE. All written notices to the parties hereto shall be sent by United States Mail, postage
prepaid,by registered or certified mail,addressed as follows:
City: Dr.Neil Havlik,Natural Resources Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant: Mr. Raymond Belknap,Executive Director
Land Conservancy of San Luis Obispo County
Post Office Box 12206
San Luis Obispo, CA 93406
14. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that
each individual executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
Bonnie Crawl; City Clerk Allen K. Settle,Mayor
APPROVED AS TO FORM: LAND CONSERVANCY OF SAN
LUIS OBISPO COUNTY
49 -A AIX 9�� OM wgli4gese
By
Y&fArjen3'#orney 4Radlknap, Executive Director
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Exhibit A: INSURANCE REQUIREMENTS:
Environmental.Contractors&Consultants
Contractor shall procure and maintain for the duration ofthe contract insurance against claims for injuries
to persons or damages to property which may arise from or in cormection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees or subcontractors. General Liability, Errors
and Omissions and Pollution and/or Asbestos Pollution Liability coverage should be maintained for a minimum of
five(5)years after contract completion.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(Occurrence Form CG 0001 or
Claims Made Form CG 0002).
2. Insurance Services Office Form Number CA 0001 (Ed. 1/87)covering Automobile Liability Code
1 (any auto),or Code 8,9 if no owned autos.
3. Workers'compensation *insurance as required by the State of California and Employer's Liability
Insurance.
4. Pollution and/or Asbestos Pollution Liability and/or Errors&Omissions.
Minimum Limits ofInsarance. 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 Insurance or other form with a general aggregate limit is used,either the
general aggregate limit shall apply separately to this project/location 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 each accident, $1,000,000 policy limit bodily injury by disease,
$1,000,000 each employee bodily injury by disease.
4. Pollution and/or Asbestos Pollution Liability and/or Errors and Omissions: $1,000,000 each
occurrence/$2,000,000 policy aggregate.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the Entity.
Other Insurance Provisions. The following ins„a„ce provisions shall also apply:
1. The general liability, automobile liability, pollution and/or asbestos pollution and/or errors &
omissions policies are to contain,or be endorsed to contain,the following provisions:
a. The City, its officers, officials, employees, agents and volunteers are to be covered as
additional insureds as respects liability arising out of activities performed by or on behalf of the
Contractor, products and completed operations of the Contractor; pollution and/or asbestos pollution
and/or errors or omissions; 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 Entity,its officers,
officials,employees,agents or volunteers.
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Note: Automobile, pollution, asbestos pollution and/or errors and omissions insurance carriers
may not name the City as Additional Insured. If the City cannot be named as Additional Insured, a letter
from the insurance company confirming their position is required.
b. 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.
C. 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.
d. 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.
e. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party except after thirty(30)days'prior written notice has been given to the
City.
f. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would be invalid
under Subdivision(b)of Section 2782 of the Civil Code.
2. The automobile liability policy shall be endorsed to delete the pollution and/or the asbestos
exclusion and add the Motor Carrier Act endorsement(MCS-90).
3. If general liability, pollution and/or asbestos pollution liability and/or errors & omissions
coverage are written on a Claims Made Form:
a. The "Retro Date" must be shown and must be before the date of the contract or the
beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least
five(5)years after completion of the contract or work.
C. If the coverage is canceled or non-renewed, and not replaced with another claims made
policy form with a 'Retro Date" prior to the contract effective date, the Contractor must purchase
"extended reporting"coverage for a mimmimm of five years after completion of the contract or work-
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orkd. A copy of the claims reporting requirements must be submitted to the City for review.
4. The workers' compensation policy shall be endorsed with a waiver of subrogation in favor of City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no
less than A IL Since pollution and/or asbestos pollution coverage may not be available from an "Admitted"
insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should
have an A.M.Best's rating of AX or higher. Pollution and/or asbestos coverage may also be written by a captive
inm aance company or risk retention group or captive insurance company. The City will check with its insurance
advisor for further information before approval.
Verification of Coverage. Contractor shall furnish the City with certified copies of endorsements
effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City, unless the
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insurance company will not use the City's form. All endorsements are to be received and approved by the City
before work commences. As an alterative to the City's forms, the Contractor's insurer may provide complete,
certified copies of all required insurance policies,including endorsements effecting the coverage required by these
specifications.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall famish
separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to
all of the requirements stated herein
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