HomeMy WebLinkAboutWest Yost Associates 2019-03-20 CROSS-REFCOU No. l q -.2 tn For accessibility assistance with this document, please contact the Sonoma County Water Agency Technical Writing Section at (707) 547-1900, fax at (707) 544-6123, or TOO through the California Relay Service (by dialing 711), jw: s:\techw\agreements\1819.030.docx version: 12/7/201812.55.00 PM TW 18/19-030 Agreement for Implementation of Russian River Confluence Program 1. PARTIES TO AGREEMENT Parties to this Agreement for Implementation of Russian River Confluence Program ("Agreement") are Sonoma County Water Agency ("Sonoma Water") and City of Ukiah ("City"). 2. RECITALS A. The first Russian River Confluence (RRC) event took place in March 2017, and was attended by more than 200 local stakeholders and community members interested in the sustainability of the Russian River Watershed. B. Multiple follow-up actions were identified, including development of an RRC organizational structure focusing on creating long-term economic and watershed sustainability through education, engagement and outreach. C. Sonoma Water and the Sonoma County Agricultural Preservation and Open Space District were tasked as the primary agencies responsible for coordinating implementation of the RRC follow-up actions. D. Sonoma Water needs assistance in developing, planning, maintaining and facilitating the RRC, and coordinating implementation of the action items that were identified through a series of follow-up meetings and activities. E. As a membership organization with 11 cities, Sonoma and Mendocino counties and special districts, spanning the entire watershed, with a focus on regional programs for clean water, habitat restoration and watershed enhancement, the Russian River Watershed Association (RRWA) is uniquely qualified to assist with the RRC. F. City is the fiscal sponsor and administrator for RRWA, and has contracting authority to act on behalf of RRWA. G. While the City is the named contracting party to this Agreement, Sonoma Water understands that the scope of work described in Exhibit A is the responsibility of RRWA, as an association, formed under a memorandum of understanding under Government Code Section 6500 et seq. Agreement for Implementation of Russian River Confluence Program 1 .c` 3. LIST OF EXHIBITS 3.1. The following exhibits are attached hereto and incorporated herein: a. Exhibit A: Scope of Work 4. CONTACT INFORMATION Sonoma Water City Project Manager: Ann DuBay 404 Aviation Boulevard Santa Rosa, CA 95403-9019 Phone: (707) 524-8378 Email: Ann.DuBay@scwa.ca.gov Contact: Jarod Thiele 300 Seminary Avenue Phone: (707) 463-6755 Email: jthiele@cityofukiah.com Remit invoices to: Remit payments to: Susan Bookmyer Same address as above or Email: susan.bookmyer@scwa.ca.gov [Same address as above] 5. TERM OF AGREEMENT 5.1. The effective date of this Agreement is the date the Agreement is last signed by the parties to the Agreement. This Agreement shall expire on February 1, 2021 6. CITY'S RESPONSIBILITIES 6.1. General: City agrees to perform services in accordance with the requirements of applicable federal, state, and local laws. 6.2. Services: Perform tasks related to RRC Program management and related tasks as described in the Scope of Work (Exhibit A). 6.3. Invoices: Upon execution of this Agreement, submit invoice to Sonoma Water that shows or includes Sonoma Water's Project -Activity Code X01700018. 6.4. Refund Upon Cancellation: If City determines that activities requiring funding will not occur, City shall immediately notify Sonoma Water in writing. In such case, City shall refund any funding provided under this Agreement by Sonoma Water within 30 calendar days of said determination. Agreement for Implementation of Russian River Confluence Program 2 7. SONOMA WATER'S RESPONSIBILITIES 7.1. Payments: Sonoma Water will pay $40,000 total in two payments over the two- year term of the agreement. a. Year One: Upon execution of Agreement and receipt of an invoice thereof, Sonoma Water will provide funds directly to City in the amount of $20,000. b. Year Two: City shall submit an invoice for the remaining $20,000 in the second year of the agreement. 7.2. Logo/Identifying Materials: Sonoma Water will provide logo or other identifying material, as requested by City. 8. INSURANCE 8.1. With respect to performance of work under this Agreement, City shall require all of its subcontractors, consultants, and other agents to maintain insurance as described in City contracts, and shall require those entities to name Sonoma County Water Agency, its officers, agents, and employees as additional insured, and provide an insurance certificate and endorsement. Agreement for Implementation of Russian River Confluence Program 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last signed by the parties to the Agreement. TW 18/19-030 Reviewed as to funds: By:. Sonoma County Water Agency Division Manager - Administrative Services Approv'd as to form: Attest: (a/14/4tt. By: � c.....) By: Ai fr 4 Al/Q Verne II Dep u Count y Co nsel Insurance Documentation is on file with Sonoma Water Date/TW Initials: jilAl 3/1:7 // 7 Sonoma County Water Agency By: Kristine Lawler, City Clerk City of Ukiah By: g�angiac :) Sa Grant avis City Manager Gene I Manager Date: 3/245// q Date: 3_ Agreement for Implementation of Russian River Confluence Program 4 Exhibit A Scope of Work 1. TASKS 1.1. Task 1: RRC Program Management a. Prepare annual work plan and budget. b. Coordinate implementation of work plan and budgeted activities with Russian River Watershed Association and other partners. c. Prepare and distribute online an Annual Report of activities, including partnership status, events hosted and attended, meetings coordinated, new collaborations, and success metrics. 1.2. Maintain and Expand RRC Brand a. Expand RRC partnerships with key watershed stakeholders, including non- profit organizations; local, regional, state and federal agencies; tribes; and property owners. b. Manage and maintain the RRC website. c. Issue periodic emails to RRC Iistserv. Issue social media posts on a monthly basis. d. Build and maintain a calendar of river -related events by coordinating with Sonoma and Mendocino county agencies and with tourism bureaus, 1.3. Events and Promotion a. Host RRC events for information sharing and to expand partnerships. b. Participate in river- or watershed -related county, regional and state conferences for promotion of the RRC. 1.4. Information Sharing and Building Relationships a. Attend and participate in river- or watershed -related meetings to provide information on the RRC. b. Facilitate collaboration between agencies, organizations, tribes and other stakeholders on river- or watershed -related projects and issues. c. Support the formation of stewardship and landowner groups to further a clean and healthy river and watershed. 1.5. Pursue Capacity Building a. Develop and implement a Tong -term funding plan to support the goals of the RRC. b. Create marketing materials, including a brochure that explains the mission and goals of the RRC. c. Identify and build relationships with possible funders and apply to funding organizations, businesses and others for resources and financial support. Agreement for Implementation of Russian River Confluence Program A-1 2. DELIVERABLES 2.1. Submit one electronic copy in PDF format (emailed, on CD, or via internet) of each final deliverable to Sonoma Water. DELIVERABLE DUE DATE Work plan (fiscal year) Annually, by April 30 Budget (fiscal year) Annually, by May 31 Annual Report draft Annually, July 31 Annual Report, final Annually, August 30 List of partners contacted Quarterly Editorial calendar for website and social media posts Quarterly Agendas and flyers for RRC Events Quarterly Agendas and short summary of meetings, conferences and other events attended Quarterly Long-term funding plan, draft August 15, 2019 Long-term funding plan, final October 31, 2020 Marketing materials (brochure), draft June 1, 2019 Marketing materials (brochure), final July 31, 2019 List of funding organizations contacted and summary of contact Quarterly Agreement for Implementation of Russian River Confluence Program A-2 WESTYOS-01 SUMMANR ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0E67768 IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 INSURED West Yost & Associates, Inc. 2020 Research Park Drive Suite 100 Davis, CA 95618 CONTACT Jennifer Cervantes NAME: PHONE (A/C, No, Ext): (925) 660-3533 50033 I FAX No): ADDRESS: Jennifer.cerVantes .l ioausa.com INSURER(S) AFFORDING COVERAGE NAIC p INSURER A : Travelers Property Casualty Company of America 25674 INSURER B : Berkshire Hathaway Specialty Insurance Company INSURER C : 22276 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER' POLICY NUMBER INSD WYD POLICY EFF IMMIDD/YYYYI POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 6802H230404 09/01/2018 09/01/2019 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS -MADE FX OCCUR MED EXP (Any one person) $ 10'000 ■ PERSONAL 8 ADV INJURY S 1,000,000 ■ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER LIMIT APPLIES PER: XPPa �� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 S A AUTOMOBILE X ■ ■ LIABILITY ANY AUTO OWNED ITU EOpSDONLY AUTOS ONLY _ — SCHEDULED AUUTOS ONLY COMBIBI�NdED SINGLE LIMIT $ 1,000,000 BA0F41799A 09/01/2018 09/01/2019 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Perr acEcldent?AMAGE $ $ A X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE EACH OCCURRENCE $ 5,000,000 CUP0F420329 09/01/2018 09/01/2019 AGGREGATE 3 5,000,000 S DED I I RETENTIONS A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYIPROPRIE ER/PXRLNERE ECUTIVE O(Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below YIN NIA X STATUTE ETH ,UB4J358415 , 09/01/2018 09/01/2019 E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 g g Professional Liab. Professional Liab. '47EPP30592801 47EPP30592801 09/01/2018 09/01/2018 09/01/2019 09/01/2019 Per Claim Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Russian River Confluence All operations of the Named Insured, including the aforementioned project, if any. General Liability: Sonoma County Water Agency, its officers, agents, and employees are included as Additional Insured on Primary & Non -Contributory basis with Waiver of Subrogation included, as required by written contract. CERTIFICATE HOLDER City of Ukiah 300 Seminary Avenue Ukiah. CA 95482 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#6802H230404 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO I5 AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. 9. CG D3 81 09 15 h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. rJ 2015 The Travelers Indemnity Company All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission