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HomeMy WebLinkAbout09/19/1995, C-8 - AGREEMENT WITH ECOSLO FOR THE 1995-96 AND 1996-97 FISCAL YEARS FOR SERVICES AT THE ENVIRONMENTAL CENTER. �IIfII�IIIII�uII�II�III MEE a-TIN�Q-45G DATE: city of san lues oBIspo COUNCIL AGENDA REPORT ITEM I") FROM: Ken Hampian, Assistant City Administrative Offi Prepared By: Wendy George, Assistant to the CAO W' SUBJECT: Agreement with ECOSLO for the 1995-96 and 1996-97 fiscal years for services at the Environmental Center. CAO RECOMMENDATION: By motion, approve and authorize the Mayor to execute an agreement with ECOSLO in the amount of$20,500 for fiscal year 1995-96 and $21,100 for fiscal year 1996-97 for services at the Environmental Center. DISCUSSION: Background For the last four years the City has contracted with ECOSLO for various environmental services. Under the most recent contract ECOSLO was to disseminate City.program information to residents (e.g., water conservation and recycling information),help distribute policy information to interested groups, coordinate forums on current environmental topics and annually update and distribute the Recycled Products Procurement Guide, among other activities. Because of new goals and projects approved by the Council as part of the budget, and because of the formation of a regional solid waste authority, the City, working with ECOSLO, has reoriented the agreement for the next two years so that it emphasizes community education and outreach, especially in the area of natural resource awareness, as opposed to solid waste and recycling. As outlined in the budget under the Natural Resource Protection program, Page D-110, the Council established a goal: in pan through the ECOSLO contract, promote public awareness of the City's natural resources, and establish improved community outreach and input on environmental quality and related issues. The contract changes support this goal. Significant Contract Changes Outlined below are the major changes included in the recommended agreement: 1. The City's contract manager will be the Natural Resources Manager, once that position is filled. 2. ECOSLO will work with the Natural Resources Manager to design and implement a Natural Resource Awareness and Education program, with the required public awareness "annual events" relating to this program. 3. ECOSLO will undertake a new role as a "clearinghouse" when the City wishes to contact "� ►�NIIIpIIPn�► U city of San lues OBISp0 COUNCIL AGENDA REPORT environmental organizations relative to major projects or policy issues. Several projects, such as Natural Resources Inventory development, Open Space Priorities and Financing methods, Greenbelt Agreement development, Creek Set Back Ordinance and Annexations are specifically noted in the contract as projects which will utilize ECOSLO's new role. As part of this responsibility ECOSLO will develop and maintain a standard list of . environmental organizations which can also be used by the City for notification of important development review projects. 4. The recycling yard will no longer be used as a location for information dissemination. 5. ECOSLO will no longer be annually updating the Recycled Products Procurement Directory as this responsibility has been assumed by the Integrated Waste Management Authority. 6. Bi-annual progress reports will include more specific performance data, especially in terms of dissemination of public information(e.g., number of City brochures distributed, number of public notices sent, etc.) Other provisions of the agreement will remain the same or similar to the prior years. CONCURRENCES.- Initially, ONCURRENCES:Initially, staff from Community Development, Utilities, Recreation and Administration met to develop preliminary ideas for reorienting the ECOSLO agreement to better match Council goals established for 1995-97. These ideas were then reviewed in detail with ECOSLO staff, who in turn reviewed the revised provisons with the ECOSLO board. Therefore, the recommended agreement reflects the concurrence of both City staff and ECOSLO on how this contract can be more effectively utilitzed in the coming two years. FISCAL BIPACT: Approval of the agreement will result in a total cost of $41,600. These funds have been approved as part of the 1995-97 financial plan for the Natural Resource Protection program. Attachments: ECOSLO agreement C-8-2 PROFESSIONAL SERVICES AGREEMENT WITH THE ENVIRONMENTAL CENTER OF SAN LUIS OBISPO This agreement, made this _ day of , 1995 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. may. The City Administrative Officer or his designated representative (Natural Resources Manager, once hired), shall be the Project Manager representing the City for all purposes under this agreement. She/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. The ECOSLO Executive Director or his designated representative is hereby designated as the Project Manager for Contractor. Should circumstances or conditions subsequent to the 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 Contractor will e- 8-3 Page 2 ECOSLO Agreement 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 inquires 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 at the Environmental Center Office (e.g., City natural resources and open space programs educational information, water conservation information and supplies, solid waste and recycling information and supplies, etc.). The City will supply contractor with informational materials and supplies on an ongoing basis free of charge. The Contractor will designate a specific appropriate place for display of City information, easily visible and accessible to the public. 3. The Contractor will assist the City with educating the community and will work with the new Natural Resources Manager to design and implement a Natural Resource Awareness and Education program. 4. At the City's request, the Contractor will assist with disseminating information on specific 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. Specific projects identified for such assistance during the contract period are: ■ Natural Resources Inventory Development ■ Open Space Priorities and Financing Methods ■ Greenbelt Agreement Development ■ Creek Set Back Ordinance ■ Annexations Projects can be changed or modified to address different priorities, with the mutual consent of both parties. Page 3 ECOSLO Agreement 5. The Contractor will create and keep updated a standard list of environmental organizations(Environmental Organizations Directory)that will be contacted relative to major projects or policy issues such as those noted in provision #4. In addition, City staff will be able to use this list as a set of "standard notifications" for important development review projects. The Contractor will update the directory on at least an annual basis and will notify designated departments of any important changes. The Contractor can make the Directory available to the public and continue to have access to it for the Contractor's in-house projects. 6. The Contractor will sponsor and promote an annual event (for a total of two events during the term of contract) that will enhance public awareness of an important environmental topic, with the Year 1 topic related to Natural Resources Awareness (e.g.,creek protection, air quality concerns, water conservation, solid waste concerns, open space and greenbelt development and protection and natural resources inventory efforts, etc.) and Year 2 to be determined once the Natural Resources Manager position is filled and goals and priorities for 1996-97 are better known. Each year, the Contractor will present the City's Project Manager 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 appropriate City approval for all aspects of the proposed event prior . to moving forward with planning and implementation activities. 7. The Contractor will provide the City Council with semi-annual progress reports due on the following: ■ January 1, 1996 ■ July 1, 1996 ■ January 1, 1997 ■ July 1, 1997 The reports will provide the City staff and Council with an overview of the progress the Contractor has made toward fulfilling the terms of the contract. It will include performance data whenever possible, specifically in the area of dissemination of public information (e.g., number of brochures distributed, number of public notices sent, number of walk-in customers assisted). 8. The Contractor agrees that no City monies provided as part of this contract will be used for political advocacy activities. � �S Page 4 ECOSLO Agreement 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. 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. Cooies of reports and information. If City requests additional copies of reports or any other materials in addition to what the Contractor is required to furnish in limited quantities as part of 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. Qualifications 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. Page 5 ECOSLO Agreement _ 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: A. A flat rate of Twenty Thousand Five Hundred Dollars ($20,500) for 1995-96 and Twenty One Thousand One Hundred Dollars ($21,100) for 1996-97 for services described herein. B. Payment of contract shall be made as follows: ■ October 1, 1995 $10,250 ■ January 15, 1996 $10,250 ■ July 15, 1996 $10,550 ■ January 15, 1997 $10,550 5. TIME FOR COMPLETION OF THE WORK All requirements of this agreement will be fulfilled by the contractor by July 1, 1997. 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 f� �7 Page 6 ECOSLO Agreement 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 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 93406 Attention: Amy Shore To City: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 Attention: Natural Resources Manager 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: Page 7 ECOSLO Agreement 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; 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. Page 8 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 calendar day during which such person was discriminated against, as damages for said breach of C'- F I U Page 9 ECOSLO Agreement 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 hn Ewan, Chairperson, d of Trustees B C* t&dve Director CITY OF SAN LUIS OBISPO BY Allen Settle, Mayor Page 10 ECOSLO Agreement ATTEST: City Clerk APPROVED AS TO FORM: *eor ?CiVt�ACttorney M-Wa:tt H:1WMm\wg%ermlo.Mgr Exhibit A INSURANCE REQUHUMIE TS FOR CONTRACTORS 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/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 per accident for bodily injury or disease. Deductibles and Self-Instaed 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. 5. 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 writfen 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 ANII. Verification of Coveraee Contractor shall furnish the City with a 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.