HomeMy WebLinkAboutSan Elijo Lagoon Conservancy; 2014-03-19; UTIL1071UTIL1071
AGREEMENT FOR MAINTENANCE SERVICES
(SAN ELIJO LAGOON CONSERVANCY)
THIS AGREEMENT is made and entered into as of the // day of
'CK/^/>// 2014, by and between the CITY OF CAF(LSBAD, a municipal
corporation, ("City"), and SAN ELIJO LAGOON CONSERVANCY, a nonprofit corporation
("Contractor").
RECITALS
City requires the professional services of a contractor that is experienced in performing
maintenance activities within protected habitat areas. Contractor has the necessary experience
in providing these professional services and in conjunction with its contractor Agri Chemical &
Supply,.Inc., has submitted a proposal to City and has affirmed its willingness and ability to
perform such work.
NOW, THEREFORE, in considerafion of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of three (3) months from the date first above
written.
3. COMPENSATION
The total fee payable for the Services to be performed will be three thousand five hundred
dollars ($3,500). No other compensation for the Services will be allowed except for Items
covered by subsequent amendments to this Agreement. City reserves the right to .withhold a
ten percent (10%) retention until City has accepted the work and/or the Services specified in
Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor witl be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
City Attorney Approved Version 1/30/13
compensation is included as a loss, expense or cost for the purposes of this section, and that
this secfion will survive the expirafion or eariy termination of this Agreement.
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensafion, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating in the Best's Key
Rafing guide of at least A-:VII OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rafing in the latest Best's Key Rafing Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
othenwise authorized and approved by the Risk Manager or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
.named as an additional insured on General Liability which shall provide primary coverage to the
City. Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Confiict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS v
Contractor will comply with all applicable local, state and federal laws and regulafions prohibifing
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et seq.. and Carisbad Municipaf Code Sections 3.32.025, et sea. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement. i
11. JURISDICTIONS AND VENUE
Contractor agrees and sfipulates that the proper venue and jurisdiction for resolufion of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
City Attorney Approved Version 1/30/13
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment
will be in wrifing, signed by both parties, with a statement of esfimated changes in charges or
fime schedule.
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
SAN ELIJO LAGOON CONSERVANCY, a
nonprofit corporation
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
- - ^
Cjt${'Manag6r of Mayor or Dfrector
Jim Howell
By;
(sign here)
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer{s) signing to bind the corporafion.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By:^
Assistant City Attorne
City Attorney Approved Version 1/30/13
Son EZyo Lagoon CONSERVANCY
Connecting communities. Protecting nature.
p. O. Box 230634
Encinitas, Califomia
92023-0634
T 760 436-3944
F 760 944-9606
ww'w.saneliio.ore
March 14,2014
City of Carlsbad
5950 Ei Camino Real
Carlsbad, CA 92008
Attn: Sherri Howard
re: Buena Vista Creek Channel maintenance services
Dear Ms. Howard,
San Eiijo Lagoon Conservancy is pleased to present this cost proposal to you for the services requested at
Buena Vista Creek at E! Camino Real.
San Elijo Lagoon Conservancy will work with its contractor to provide all equipment, material, and labor
necessary to perfonn maintenance services to clear and dispose of two illegal encampments, and their
associated debris. One of the encampments is immediately upstream of the El Camino Real Bridge, adjacent to
the riparian zone;, and the other is farther upstream in the riparian zone. Work will be performed Thursday,
March 20, 2014. San Elijo Lagoon Conservancy will perform all of this work for a sum not to exceed $3500.00.
It is understood that City of Carlsbad will supply uniformed police during the work, in order to address any
unauthorized habitation or other uses that may be present at the worksite, and to minimize disturbance to
laborers.
Thank you for this opportunity to improve riparian habitat conditions in the Carlsbad Hydrologic Unit.
Sincerely,
Doug Gibson
Executive Director/Principal Scientist
SFJ.C IS a non-profit 501 (c)(3) organization, lax ID ii33-0S5S660