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HomeMy WebLinkAbout09/16/2003, C6 - APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES WITH THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY C� �J ATTACHMENT 1 council Meet,,Dd. �(gr j acjEnaa RepoRt C I T Y OF SAN LUIS OBISPO FROM: Wendy George,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: APPROVAL OF 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 professional services agreement with the Land Conservancy of San Luis Obispo County for continued professional services of up to $7;500 per year,for a total of$15,000 over the two-year life of the Agreement. DISCUSSION The City of San Luis Obispo has had a mutually beneficial professional services relationship with the Land Conservancy of San Luis Obispo County for many 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 City's Natural Resources Program in 1996, this relationship has changed to one of assisting staff in land transactions and restoration opportunities on San Luis Obispo Creek and its tributaries. At the present time the City and Land Conservancy are collaborating on several acquisition projects, and we expect this level of cooperative activity to continue. The contract has been reduced from $30,000 in the 2001-2003 financial plan period to $15,000 in the current period, reflecting the City's own financial needs, completion of an important study by the Land Conservancy under the previous contract, and the Land Conservancy's continued growth and functioning in the South County area. The services provided by the Land Conservancy will include continued liaison with landowners, participating in certain negotiations with landowners; 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 other natural resource data and information of value to the City. FISCAL IMPACT Funding in the amount of$15,000 for the two-year agreement is included in the Natural Resources Program budget for the 2003-2005 budget period, and represents the total financial obligation to the Land Conservancy by the City under this agreement. Attachment Agreement for Professional Services gAurolikkcoa cilagendaRc agieeniynnd_ n _{f v. P' !'. i AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into in the City of San Luis Obispo on this 16th day of September, 2003, 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 COUNTY, hereinafter called Consultant. WITNESSETH:. WHEREAS,on July 25, 1995, the City Council directed Staff to develop an agreement with the Land Conservancy of San Luis Obispo County 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 be effective from July 15, 2003, and shall be in effect for TWO YEARS, to July 14, 2005. 2. CITY'S OBLIGATIONS. In consideration of the services specified below, City will pay and Consultant shall receive compensation as follows: • Director: $70.00/hour • Professional Staff Support: $50.00/hour • Field Project Support: $30.00/hour • Special expenses are to be authorized by Staff before expending and be included in the total sum and not to exceed budget. • 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$15,000; $7,500 each fiscal year. . a J ATTACHMENT 1 • Payment shall be made upon quarterly billing by Consultant, 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 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_ and Enhancement. Coordinate restoration, enhancement, and educational 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 Consultant 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. 6. INTEREST OF CONSULTANT. Consultant 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. Consultant further covenants that, in the performance of this agreement,no subConsultant or person having such an interest. 2 OAP ATTACHMENT 1 shall be employed. Consultant 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, Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 7. HOLD HARNELESS AND INDEMNIFICATION. The Consultant 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 Consultant'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 Consultant, 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 Consultant's duty to inderrinify 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. Consultant 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. Consultant shall provide proof of insurance in accordance with the City's Standard Insurance Requirements for Environmental Consultants and Consultants as described in Exhibit"A"attached hereto and incorporated herein by reference as though fully set forth. 10. DISCRINIINATION. 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 Consultant 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 3 ATTACHMENT 1 11. TERMINATION. The City retains the right to terminate this agreement for any reason by notifying Consultant 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,or representation 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: Lee Price,City Clerk David F.Romero,Mayor APPROVED AS TO FORM: LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY By: Jonathanowe , ity Atto ey Raymond Belknap,Executive Director 4 n tX ATTACHMENT 1 Exhibit A: INSURANCE REQUIREMENTS: Environmental Consultants & Consultants Consultant 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 Consultant, its agents,representatives, employees or sub-Consultants. 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 of Insurance. Consultant 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 insurance 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 Consultant; products and completed operations of the Consultant; pollution and/or asbestos pollution and/or errors or omissions; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Entity,its officers,officials,employees,agents or volunteers. - Exhlb�t A -- ATTACHMENT 1 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 Consultant'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 Consultant'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 Consultant'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. £ 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 Consultant must purchase "extended reporting" coverage for a minimum of five years after completion of the contract or work d. 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:VII. 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 A:X or higher. Pollution and/or asbestos coverage 6 Exh, b;tA ATTACHMENT I may also be written by a captive insurance 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. Consultant 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 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 alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. SubConsultants. Consultant shall include all subConsultants as insured under its policies or shall furnish separate certificates and endorsements for each subConsultant. All coverage for subConsultants shall be subject to all of the requirements stated herein CcQ= �