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HomeMy WebLinkAboutFord Rangeland Conservation Science AGREEMENT THIS AGREEMENT is made and entered into on the 26 day of -1--, 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and LD Ford Rangeland Conservation Science (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: 1) Provide Advice and Assessments about Conservation and Horse Grazing Management at Byrne Preserve 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated August 10, 2015 3. TERMS. The services and/or materials furnished under this Agreement shall commence August 26, 2015 and shall be completed by December 31, 2015, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed Six thousand nine hundred sixty dollars and zero cents ($6,960.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 shoo form Updated 403110 \i0 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Shan form Updated 48110 f✓ V h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Richard Chiu Public Works Director Town of Los Altos Hills By: g•ZS7/5—' 26379 Fremont Road Signature ate Los Altos Hills, CA 94022 � n Lrr2t7('zhce • r (TYf her Print name, Title TOWNOFLOS ALTOS HILLS: // By: S m.0_, . 142 ?lap Carl Cahill, City anager D e Town of Los Altos Hills Page 4 of 4 short form updated 423/10 410 LAWRENCE D. FORD, PIID I.I)Pahl. Rangeland Contennlion SCierlcc Cum fled Ron¢dand dtouagai, Ce,-/i/ied SenU)-ECOMge.r 5984 Plntcuu Drive. Felton.California 95018-9:53. 831-335-3959. IordWrti sbcglot al n•thh .6l/www.raneclandconservatiooeqm August 10, 2015 Richard Chiu Director of Engineering and Public Works 26379 Fremont Road Los Altos Hills, CA 94022 Re: Revised Proposal--Work Plan and Costs to Provide Advice and Assessments about Conservation and Horse Grazing Management at Byrne Preserve Dear Mr. Chin: Thank you for your inquiry yesterday about providing advice and initial assessments about conservation and horse grazing management at Byrne Preserve in Los Altos Hills. We are available this month (August 2015),then will have limited time until November or December 2015. To begin work, we will need a contract that agrees to our mutual terms, identifies an authorized primary liaison, and covers insurance and access.) The proposed budget for our time and expenses is shown in Table I. The total amount($6960) is significantly less than we'd normally need to complete all the fieldwork, analyses, planning and report preparation for a conservation grazing management plan (usually$35,000 or more, depending on what other planning has been conducted). Thus this proposal will result in an advisory memo only. Using my expert assistant Pete Van Hoorn (M.S. and licensed CRM)will help minimize costs, but both of us are needed for the field visit, to get this project started. Please refer to Attachment #1 for details on our qualifications. Purposes. As I understand from conversations with Sue Welch, LAH Open Space Committee member, (and a conversation with UC Coop Extension Advisor Sheila Barry), the Town wishes to focus on the following purposes: • Your goals for management of the preserve include non-native invasive species (pest plant) reduction,native habitat protection and enhancement, fire hazard reduction, and erosion control. Your goals are also to practice good conservation and to maintain the Independent Consultant;and Research Associate,Environmental Studies Dept.,Univ.of California,Santa Cruz, Certified Rangeland Manager(License#M70,California Board of Forestry and Fire Protection,Certified by the Calif.- Pacific alif:Pacific Section,Society for Range Management);Certified Senior Ecologist,Ecological Society of America;Certified Professional in Rangeland Management(6CP99-07)and Certified Range Management Consultant(#C05-02),Society for Range Management;Technical Service Provider,U.S.D.A,Natural Resources Conservation Service(TSP-03-1600 for grazing/forages services). r Note we maintain insurance for general business liability,automobile liability,and workers compensation.We do not maintain insurance for professional liability(errors and omissions),so we request that such a requirement be removed. 1 4.0 lands in good ecosystem health. At the same time, you desire to continue the horse grazing operations on the preserve in collaboration with Westwind Community Barn. • You need us to provide a defensible scholarly planning document(advisory memo), with results of our assessments and recommendations about apparent problems and improvements. Our planning process and the resulting document will meet professional standards, but will not include in-depth or prolonged analyses of the site. As we proceed, we're likely to identify issues beyond our capabilities with the current budget that would benefit from further analysis and planning by us or other stewardship experts in the future. • Our assessment will focus on current conditions at the preserve, including Rangeland Ecosystem Health, areas of erosion and pest plants, fire hazards, special natural communities (riparian and wetland zones), and other areas needing special management. We will make recommendations about maintaining and improving these conditions, forage quality, recreational compatibility, and a sustainable collaboration with the horse facility operations. • Horse grazing management occurs at the preserve, and will continue. Such grazing will be with the kinds of horses as currently practiced in cooperation with the neighboring horse facility managers. You need our assistance to refine your grazing and related management objectives,plans for horse numbers and grazing periods, infrastructure improvements (including fencing, gates, watering, and field divisions), and monitoring methods to measure management compliance and effectiveness and to guide adaptation of plans. • You have contracted with Acterra to survey, monitor, and implement a program to control non-native invasive species,enhance native plants, and educate the public over multiple years. We will recommend means to efficiently maximize achievement of your conservation goals, guide management of the horses and collaboration with Westwind Community Barn managers, and minimize negative impacts of grazing(including interference with Acterra's work). Tasks and Budget. Table I. Advisory and Planning Services and Estimated Costs Budget Labor(hours) L. Ford P. Van ($140/h0Hoorn Labor Travel Tasks ($110/hr) Subtotal Mileage Subtotals 1. Coordinate with Representative of 6 4 $1,280 $0 $1280 Committee; review existing documents, illustrations, and maps 2. Site review and meeting to discuss options 8 14 $2,660 $120 $2,780 and strategies; investigations and interviews (one trip) 3.Analyses; prepare an outline; prepare a 5 20 $2,900 $0 $2900 draft and final advisory memo with figures Subtotals; Total 19 38 $6,840 $120 $6,960 We would like to further refine the scope of work through discussion with you and committee members during our site visit. Task#3 includes preparation of an outline of our proposed advice memo, to be reviewed and discussed before we complete the memo. Additionally, depending on your needs and priorities, and site conditions, we may need to focus more or lesson some issues. The limited budget will not allow for substantial or repeated review and revision of our work 2 411. V products, so it will be key to coordinate upfront and ensure we agree on the scope and nature of the project. We anticipate that you, like our other clients,will want to consider asking us for continuing advice, participation in various meetings, and supplementary investigations. These tasks are not included in the current budget,and would require additional budget. We will need copies of any preserve planning and natural resource analysis documents that are relevant to these tasks. We have received two Acterra reports, and looked at all pages of the Byrne Preserve website. We will need GIS shapefiles of preserve boundaries, fences, and resources to more quickly create accurate References. You may wish to contact the following clients for references on our work: • Don Rocha,Natural Resource Manager, Santa Clara County Parks (408-209-5899) • Lynn Overtree, Stewardship Manager, Land Trust of Santa Cruz County (831-224-5059) Thank you. Sincerely, Lawrence D. Ford, Ph.D. Cc: • Tina Tseng, Senior Engineer, Los Altos Hills, CA(ttseng@losaltoshills.ca.gov) • Carl Cahill, City Manager, Los Altos Hills, CA (ccahill(aflosaltoshills.ca.gov) • Susan Welch, Open Space Committee, Los Altos Hills,CA (skwelch@earthlink.net) Attachments: • Qualifications Statement 3 4 Form Ww9 Request for Taxpayer Give form to the Ines October 2007) Identification Number and Certification requester, Do not ropimx naewevent.6 s n.a i. send to the IRS. LName(as shown on your Income tax return) Cawrehce a. Fo �� Business name,it different from above a Check appropriate boLe'I Ino d Veol proptietor ❑ Corporation - P d xen p Exempt t L Limited lobhty company.Enter the tax clasi is Lon 10=dureparded entity.C_cwporation P=pwtershipl e f] payee 8 = • IT Ott.,(see i.,epaoomti � _.. Andress number a and apt suite no.) Requester's name end address(optional) 'o cry atom and ZIP Bode - - Town of los Altos Hills d St i f _ Ls Fremont CA t�y rt /Car LaeAl9 Les Atlas Hills,CA 4022 r List account number(s)here(optional) [__Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Une 1 to avoid Social amnity number backup withholding. For individuals,this is your social security number ISSN). However,for a resident LSTg 6g qs'Z alien, sole proprietor.or disregarded entity,see the Part I instruction on page 3. For other entities.it is your employer identification number(FIN). If you do not have a number. see How to get a EN on page 3. or Note. If the account is N more than one name.see the chart on page 4 la guidelines on whose Employer identification`n(umber number to enter. 2,0 co UC •7' 'f LIM Certification Under penalties of perjury. I certify that. I. The number shown on this form is my correct taxpayer identification number(or I am wailing for a number to be issued to me),and 2 I am not subject to backup withholding because: (a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(q the IRS has notified me that I am no longer subject to backup withholding.and 3 I am a U.S.citizen or other U.S. person(defined below). Certification Instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your lax return. For real estate transactions, item 2 does not apply. For mortgage interest paid.acquisition or abandonment of secured properly. cancellation of debt. contributions to an individual retirement arrangement(IRA),and generally, payments other than interest and dvldends,you are not required to sign the Certification. but you must provide yaw correct TIN. See the instructions on page 4. Sign sigmwre of � f Here u.s.parson V V - w • . pare 8— �'/ General Instructions Definition of a U.S. person. For federal tax purposes, you are Section references are to the Internal Revenue Code unless considered a 11.5, person if you are otherwise noted. • An individual who is a LLS. citizen or U.S. resident alien, • A partnership, corporation, company.or association created or Purpose of Form organized in the United States or under the laws of the United A person who is requred to file an information return with the States. IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate). or to report.for example, income paid to you, real estate • A domestic trust(as defined in Regulations section Transactions, mortgage interest you paid, acquisition or 301.7701-7). abandonment of secured property, cancellation of debt. or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any foreign partners' share of income resident alien),to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it (the requester) and, when applicable. to: has not r is been received, a partnership and the withdholding to presumegtax. that 1. Certify that the TIN you are is correct(or you are a partner i a foreign person, rso pay the a par mer in tax. waiting for a number to be issued). Therefore, if you are a U.Satrade person that is a partner United N a 2 Certify that you are not subject to backup withholding. or providepdF00-9 t a rs ip establishtoess in i U States, uForm W-9 totthe ing partnership your U.S. 3. pt pa exemption from abl byou also ertif if you are a U.S. inctus and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U S person. your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing Its U S. status and avoiding withholding foreign partners' share of effectively connected inform. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity, Cat No. 10231X Form W-9 (Rev.10-2007)