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HomeMy WebLinkAbout1996-07-22 City Council (19)City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL 2 FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS AGENDA DATE: July 22, 1996 CMR:346:96 SUBJECT:Approval of Contract with Peninsula Conservation Center Foundation for Canopy Program Services REQUEST This report requests that Council approve an agreement with the Peninsula Conservation Center Foundation in the amount of $100,000 for the implementation of the Palo Alto nonprofit tree group (NTG), to be known as Canopy. This report also requests that council authorize the City Manager to exercise the option for an additional two years of volunteer tree services during 1997 and 1998. RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to’execute the attached agreement with Peninsula Conservation Center Foundation (PCCF) in an amount not to exceed $100,000 to provide services for a volunteer tree program for FY 1996-97. Authorize the City Manager or her designee to exercise the option for 1997 in an amount not to exceed $62,000 and in 1998 in an amount not to exceed $39,000 at her discretion, and if recommended in the proposed budgets and execute any other documents necessary to implement the.1997 and 1998 agreements. POLICY IMPLICATIONS This agreement does not represent any change to existing policies. EXECUTIVE SUMMARY On December 18, 1995 (CMR516:95), staff recommended that Council conceptually approve recommendations related to the Tree Task Force issues and the proposed NTG business plan and requested the City Manager to consider including funding for the first year in the FY 1996- 97 budget. The City Manager included $100,000 in the proposed 1996-97 budget, which was approved by Council on June 24, 1996. The Tree Task Force requested funding for an additional two years in decreasing amounts. Staff prepared this agreement with goals and objectives that could be achieved during the three year period. CMR:346:96 Page 1 of 2 In order to expedite the establishment of Canopy, an agreement with PCCF was reached that allows Canopy to operate as a program functioning under the PCCF, without having to create a new nonprofit corporation this year. This will also reduce the legal requirements relating to creating a new non-profit during the first year. Under the agreement PCCF will provide accounting services and costs related to banking activities, payroll and payroll tax filings. PCCF will charge Canopy a 7 percent surcharge on incoming funds. This is an interim step to allow Canopy to be functioning sooner than would be possible if they attempted to receive non- profit status in their first year. Canopy plans to become an independent nonprofit group within the next three years. The Tree Task Force developed a work plan, budget and goals and objectives for Canopy for the first three years. The goals are included as Exhibit A to the proposed agreement. The budget and specific goals for 1996-97 are identified within the exhibits. Staff has requested that Canopy provide quarterly reports to indicate the progress towards the specific goals for 1996-97. Attachment 1 describes the mission statement and profile of this new group. Approval to extend the agreement for years two and three would be at the discretion of the City Manager and contingent upon City Council budget approvals. FISCAL IMPACT The 1996-97 Public Works Department operating budget includes $100,000 for the NTG (Canopy) agreement. Funding for years 1997 and 1998 in the amounts of $62,000 and $39,000 respectively is contingent upon the City Manager recommending inclusion in the budget and Council approval of the budget for each subsequent year. ENVIRONMENTAL ASSESSMENT There is no environmental assessment required for this agreement. ATTACHMENTS 1 - Canopy Profile 2 - Agreement PREPARED BY: Michael H. Miller, Deputy Director of Public Works Operations DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: .~ENN S. R~B~I~TS Manager CMR:346:96 Page 2 of 2 May 5, 1996 Attachment 1 Canopy Trees for Palo Alto Planting~ Preserving, and Promoting Appreciation of Trees in Palo Alto The 1998 Profile for Volunteers and Friends Canopy is the nonprofit volunteer-based center for street, park, and garden trees in Palo Alto. Its mission is local, limited, and non-political: engaging community members of all kinds in multiplying, rejuvenating, and preserving trees in Palo Alto. Canopy: *Serves as a single comprehensive information source for all PaloAlt0 trees, public and private *Contracts with the City of Palo Alto to site, plant, and care for young street trees o Educates and motivates Palo Altans to plant and care for trees in residence and busi- ness gardens *Instillsa spirit of stewardship in Palo Altans for heritage trees, especially native oaks *Provides a forum for community service and fellowship that enriches the lives of today’s Palo Altans and the endowment of trees left to tomorrow’s Canopy welcomes and seeks collaboration with other groups in projects that directly benefit trees in Palo Alto. Promoting Appreciation, Providing Information The greatest threat to Palo Alto’s trees is taking them for granted. Perhaps because the city is named for a tree that still stands, it is easy for Palo Altan~ to assume that large old trees have always been here and always will be. In fact, most of Palo Alto’s trees are no more inevitable than its schools. Both have been left by earlier dedicated City officials and inspired residents. Both require ongoing attention to maintain excellence. Planting and Caring for Street Trees Canopy was formed in 1996 by the City’s Tree’Task Force to help reverse the decline of Palo Alto’s street tre~s that began in the 1980s. Whereas other groups watch over red- woods and oaks in the mountains and grasslands, Canopy is the i~dvocate for the trees that Palo Altans live among: street, park, and garden trees. Before Canopy, these trees had no patron among citizen or conventional environmental organizatirns. Canopy promotes understand!ng of and enthusiasm for trees in seminars, school pro- grams, contests, tours, and publications. Consistent with its role as the center for trees in Palo Alto, Canopy maintains a telephone TreeLine which anyone can call for informa- tion on any tree or tree issue in Palo Alto. The volunteer telephone operators answer many questions directly and refer others to qualified arborists or City departments. By handling many of the calls that were once directed to theCity, Canopy helps the City concentrate more resources on the direct maintenance of its thousands of street trees.. Planting and Caring for Street Trees During the rainy season, Canopy contracts to plant street trees for the City of Palo Alto. To make the most of a short season and the varied schedules of volunteers, planting takes place on both weekdays and weekends. Volunteer planters are thoroughly trained, supervised, and equipped by Canopy. Well before planting, volunteers survey prospec- tive sites and neighbors to choose the best tree for each location. Putting the right tree in the tight place is the best way to ensure that it will be appreciated and cared for as a growing neighborhood asset. "Canopy recognizes that it takes five years to establish a newly pla’nted tree. Accordingly, volunteers arrange for the summer watering, pruning, and stake adjustments that are necessary to grow an enduring and attractive tree. Whenever possible, the tree’s nearest neighbor is enlisted to provide early care; if necessary, a Canopy volunteer adopts the tree. For residents, businesses, and developers who wish to plant their own trees, Canopy provides assistance in choosing appropriate trees for sites and situations--for example, under utility wires. For people needing more expertise, Canopy publishes a list of land- scape designers who specialize in trees. Canopy also advises residents to replace trees that interfere with power lines with varieties that are compatible with reliable power" dis- tribution. 2 Preserving Large Trees. Old trees, especially large ones, are dramatically more valuable aesthetically, environ- mentally, and economically than young ones. Canopy works to prolong the lives of mature trees, guided by a database inventory of trees, owners, and maintenance histo- ¯ ties. Canopy distributes a range of information that can help motivated owners take bet- te( care of their trees. These include lists of arborists, care and landscaping guides, and instructions for protecting trees during construction projects. Can~opy : May 5, 1996 Pursuing Relationships Canopy volunteers cannot do much direct ’maintenance of large trees; pruning, diagno- sis, and spraying are jobs for professionals. Volunteers can, however identify hazards such as incompatible planting or abutting sidewalks. Canopy mails the owners of threat- ened trees--whether residents or City departments--diplomatically worded suggestions for eliminating problems. By actively paying attention to large old trees and calling attention to hazards th.a! threaten them, Canopy volunteers help extend the lives of the great Palo Alto trees. Canopy makes a special effort to preser~,e native oak trees. Both the coast live oak and the valley oak thrive in the natural conditions found in much of Palo Alto; some of them are a hundred years older than the city. However, native oaks are not adapted to summer watering, paving, incompatible planting, and some construction practices. Canopy works hard with property owners, architects, landscape designers, and developers to eliminate or minimize hazards to these special trees. Pursuing Relationships Canopy amplifies its effectiveness through relationships with other organizations. Other groups and businesses are rich sources of volunteers. Canopy is a re.ember of the Cali- fornia Releaf network of community tree advocacy groups. Canopy happily coexists with the Palo Alto environmental group Magic whose programs include distributing sur- plus fruit trees and planting in Evergreen Park and Stanford. Canopy works closely with the City, which is responsible for thousands of trees in Palo Alto. By providing low-cost plantifig, and public information through the TreeLine, Canopy saves the City on the-order of $30,000 per year. Although it competes with for- profit companies for City planting contracts, Canopy also creates new ~praying and pruning business for these firms by motivating Palo Altans to take better care of their trees. Canopy operates under the legal and fiscal umbrella of the Peninsula Conservation Cen- ter. When its long-term prospects make the additional accounting and. legal expenses worthwhile, Canopy will incorporate as an independent nonprofit organization. Populating the Organization Canopy’s board of directors meets monthly to set the organization’s policies and review its accomplishments. Boar.dmembers additionally contribute to the organization in dif- ferent ways and degrees, not the least of which is financial. Five hours per month is a rule-of-thumb time commitment for board members. Because volunteer-only organizations frequently fail after a year or two, Canopy has a small paid staff that keeps the organization consistently moving and consistently responsive to the board and the public. A full-time Executive Director implements the Canopy :May 5, 1996 3 Populating the Organization policies ~et by Canopy’s board and coordinates the efforts of volunteers and contract personnel. Canopy volunteers come in two kinds, called leaves and branches. The leaves plant and care for young trees, answer the TreeLine, lead tours, and conduct classes and seminars. Branches are especially dedicated volunteers who lead functional teams such as public information, education, plat)tin~, fund raising, and recruiting. Canopy actively culti- vates local businesses, civic groups, schools, churches, senior citizens groups, and neighborhood associations as sources of volunteers. Each year Canopy engages about 500 volunteers, most of whom help Canopy plant about 800 trees; when adjusted for population, these figures make Canopy one of the most successful tree groups in Cali- fornia. 4 Canopy : May ’5, 1996 ’ BY THIS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BETWEI~N THE CITY OF PALO ALTO "CITY", AND AGREEMENT Attachment 2 [DATE TO BE ENTEfDAY OF 19 o~BY CITY PURCHASING Peninsula Conservation Center Foundati a (ADDRESS) 3921 East Bayshore Road (c~TY),Pal0 Alto (ZIP) 94303 (PHONE) "CONTRACTOR" ~N CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ¯ CONTRACTOR. SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Shall provide through the Canopy Program, Community Based Services to educate, maintain and promote the preservation of trees in PaloAlto. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: EXHIBIT "A" - Terms and scope of services EXHIBIT "B" - Budget summary EXHIBIT "C" - Insurance requirements EXHIBIT "D" - Certificate TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE of nondiscrimination. COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [] CITY SHALL PAY CONTRACTOR: Not to exceed $100,000 ® [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD ’(DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: IKEY CODE OBJECT PROJECT PHASE NO. I DOLLAR AMOUNT I 02513100 3199 $100 ~000 GENERAL TERMS AND CONDITIONS ABE INCLUDED ON BOTH SIDES OF THIS AGFIEEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRIT[EN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance of or failure to perform this agreement by CONTRACTOR. ENTIRE A6REEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR CITY NAME Mi chael Mi 11 er DEPT.Public Works, Operations Division P.O. BOX 10250 PALO ALTO, .CA 94,303 Telephone (415)496-6947 CO NT~ACT_O.I~ SOCIAL SECURITYOR ,.R.S. NUMBER INVOICING SEND ALL INVOICES TO THE CITY, AT[N: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BoxES BELOW) CITY DEPARTMENT i-ql Funds Have Bee.p’, FINANCE " (2) IF OVER $5,000, REQUIRES CITY MANAGER’S SIGNATURE CITYOF PALOALT0 . .. ; .... ., BY:~ ’ ’’ ’"’ OITY MANAGER CPA 02782 RETAIN GREEN COPY FOR YOUR FILES RISK MANAGER PURCHASING & CONTRACT ADMINISTRATION (3) (4) i’ IFOVER $25 00O, REQUIRES MAYOR AND CITY ATTORNEY S GNATURES .AP~ROVEDAST0 FORM: BY:MAYOR CITY CLERK CITY ATTORNEY I CONTRACTOFR REV. 10/95 EXHIBIT "A" 1996-97 SCOPE OF SERVICES SERVICES: Peninsula Conservation Center Foundation (PCCF) shall provide, or shall cause to be provided through CANOPY, community based services to educate, plant, maintain and promote the preservation of trees in Palo Alto. GOAL: To instill an appreciation of trees in Palo Alto through planting of new trees, preservation.of heritage trees, promotion of general tree care and knowledge of trees, to instill a spirit of stewardship ~0f trees, and to provide a forum for community service and fellowship that enriches the lives of today’s Palo Alto citizens and the endowment of trees for tomorrows citizens. CANOPY PROGRAM OBJECTIVES: The overall program objectives of the Canopy Program for the first three years are listed with the first year objectives specifically detailed. I. To serve as a single comprehensive information source for all Palo Alto trees, public and private. The PCCF shall maintain a telephone "Treeline" to provide information on any tree or tree issue in Palo Alto, and set.up a World Wide Web(WWW) site’for tree information. In Fiscal year 1996-97, PCCF will: create a basic library of information sources On trees; solicit volunteers to answer the phone; prepare a training program for the volunteers; and set up the basic structure of a WWW site. 2. Educate and motivate Palo Alto residents to plant and care for trees in residence and business gardens, develop programs for schools, promote better tree practices and appropriate planting guidelines for real estate developers, contractors and others engaged in tree planting and preservation. In Fiscal year 1996-97, PCCF will hold one public seminar on trees; participate in community fairs and events; provide input on the "Technical Tree Manual" to be developed for the proposed tree ordinance; identify school contacts and potential projects; collect existing educational handouts, both printed and.video, on a range of topics such as tree selection, how to prune, and basic needs of trees; determine topics of educational handouts that developed; and prepare for the publication of .a will be quarterly newsletter for Canopy members, people who have received trees, City staff liaisons, and others who support the preservation of trees. 3. Instill a spirit of stewardship in Palo Alto citizens for heritage trees, especially native oaks. In Fiscal year 1996-97, PCCF will start an inventory of public and private native oaks, and prepare a door-to-door campaign specifically targeting~native oaks. 4. Work with property owners having overhead utility lines to promote the "Right Tree in the Right Place" program. In Fiscal year 1996-97, PCCF will work with City of Palo Alto Utilities department staff in preparing a~handout on appropriate tree selection in utility line areas, identify volunteers for the program, and perform a trial program. 5. Contract with the City of Palo Alto to site, plant and care for young street trees° In Fiscal year 1996-97, PCCF will determine the logistics of coordinating street tree planting with city staff; train in-house or contract for the training of volunteer planting supervisors; site and plant i00 trees. 6. Hire a full-time Executive Director to implement the policies of the Board of Directors, to coordinate the efforts of volunteers and complete the program objectives of Canopy. QUARTERLY REPORTS: PCCF shall provide quarterly activity reports relating to this Scope of Services for the periods ending September 30, 1996, December 31 1996, ~March 31, 1997, and June 30, 1997 within fifteen days after these dates. Each report shall cover the preceding quarter and include information related to the accomplishment of the program objectives, and other such information as the Project Manager. may request. The final quarterly report shall be prepared in a form which describes not only the quarterly accomplishments but summarizes all activities which have been completed in the fiscal year° This report shall be prepared in the form agreed upon by the Project Manager and the PCCF. QUARTERLY INVOICES: PCCF shall’submit an invoice for payment for the subsequent quarter services with the Quarterly Report for the previous quarter. MPEN ATI N. Payment shall be made, on a quarterly basis, in advance, within fifteen (15) days of submittal of the quarterly invoices for administrative and program costs, in accordance with Exhibit "B", subject to CITY review and audit. AMERICANS WITH DISABILITIES ACT: PCCF shall comply with the Americans with Disabilities Act(ADA) of 1990. EXHIBIT "B" CANOPY PROGRAM BUDGET SUMMARY FISCAL YEAR 1996-97 SALARIES/BENEFITS (Executive Director) $ 54,000 ADMINISTRATION/OFFICE Equipment & Furniture Rent Insurance, supplies, training $14,705 4,536 10,537 $ 29,778 PROGRAMS Planting Education Volunteers $1,500 5,500 2,680 $ 9,680 TOTAL BUDGET $ 93,458 Peninsula Conservation Center Accounting Fee $ 6,542 TOTAL EXPENSE $i00,000 D. E. F. Ho EXHIBIT C PART II - INSURANCE REQUIREMENTS - Long Form City of Palo Alto:SECTION 00650(~’, CONTRACTOR: Insurance Requirements for Contractors Peninsula Conservation Center Foundation PROJECT MANAGER:Mike Miller, PWO CONTRACT NAME:Canopy GENERAL TERMS AND INSTRUCTIONS THIS INSTRUCTION SHEET SHOULD BE GIVEN TO YOUR INSURANCE AGENT/BROKER. CONTRACTORS TO THE CITY.OF PALO ALTO, AT THEIR SOLE EXPENSE SHALL OBTAIN AND MAINTAIN INSURANCE FOR THE TERM OF THE cOWrRACT. CONTRACTbRS WILL BEREQUIRED TO PROVIDE A CERTIFICATE EVIDENCING THE INSURANCE AND NAMING THE cn’Y AS AN ADDmONAL INSURED. ALL INSURANCE COVERAGE REQUIRED BHALL BE PROVIDED THROUGH CARRIERS wrll..I A BEST RATING OF A:VII OR HIGHER THAT ARE ADMrr’rED TO DO BUSINESS IN THE STATE OF CALIFORNIA. THE CERTIFICATE OF INSURANCE MUST BE COMPLETED AND EXECUTED BY AN AUTHORIZED REPRESENTATWE OF THE COMPANY PROVIDING INSURANCE, FILED WITH THE CITY,AND APPROVED BY THE CRY BEFORE CONTRACT WILL BE CONSIDERED COMPLETE AS RESPECTS INSURANCE. RETURN THE COMPLETED CERTIFICATE TO THE CITY OF PALO ALTO, PURCHASING 8, CONTRACT ADMINISTRATION, 250 HAMIL TON A VENUE, PALO ALTO 94301. I-I Worker’s Compensation [] Automobile Liability ~,Comprehensive General Liability: INCLUDING: ¯ PERSONAL INJURY ¯ BROAD FORM PROPERTY DAMAGE ¯ BLANKET CONTRACTUAL ° FIRE LEGAL LIABILI’W THE INSURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED FOR THIS CONTRACT. TYPE OF COVERAGE REQUIREMENT LONG FORM (MinimumAGGREGATE Limits} .Comprehensive Automobile Liability: INCLUDING: . OWNED " HIRED " NON-OWNED Professional Uability: INCLUDING: ° ERRORS AND OMISSIONS ¯ MALPRACTICE (ff Applicable) ¯ NEGLIGENT PERFORMANCE BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED BODILY INJURY (Each Person) $1,000,000 $1,000,000 $1,000,000 $1,000,000 BODILY INJURY ~=h PROPERTY DAMAGE ’ BODILY INJURY & PROPERTY DAMAGE COMBINED ALL DAMAGES $I $I,000,000 ,THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED The City of Psio Alto, its officers, agents and employees are named as additional insured, but only as to work performed under contract. Said coverage as to the City of Paic ARo, etc., sh~ be primary coverage, without offset against City’s existing ineumnca and any other insurance carded by the City being excess insurance only. VVhera the work involves grading, paving, excavating, ddlling or other underground work, the policy includes destruction of wires, conduits, pipes, mains, or other similar properly or any apparatus in connection therewith below the surface of the ground whether owned by third parties or the City of.Palo Alto. Where the work involves excavating, collapse coverage is prov’~ed in the amounts above. The policy includes a "Severability of Interest" proVision. Deductibles over $5,000 must be indicated and are subject to approval. If such policies are canceled or changed dudng the Period of coverage as stated herein, in such a manner as to affect the Certirmate, thirty (30) days written notice will be mailed to the City of Palo Alto, Contract Administration, P.O. Box 10250, 94303 The li~ in~Jrance pol~j includes a contractual liability endorsement providing Insurance coverage for Contractors agreement to indemnify the City. The coverage afforded under the policies is subject to all terms of the policies designated herein and meets all of the provisions called for herein. DATE CONTRACT ADMINISTRATOR:n M. Haskins, Manaaer (415~ 329-2300 END OF SECTION CITY OF PALO ALTO: Insurance Requirements (REV.6/94)SECTION 00650-1 ~ EXHIBIT D~ PART II - CERTIFICATION of NONDISCRIMINATION SECTION 410 PROJECT NAME: Cahopy_ Tre~ Program, Peninsul a Conservation Center Foundation ~e~fieatlon_of Nondiscrimination:. As suppliers of goods or services to the City of Palo Alto,. the firm and individuals listed below certifies that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.0 3.0 To communicate this policy.to all persons concerned, including all employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. To take affirmative action ,steps to hire minority employees within the organization, 4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees, Firm: Title of Officer Signing:, Signature_. Please include any additional information available regarding equal opportunity employment programs now in effect .within your company. END OF SECTION CITY ol~ PALO ALTO: Non-discrimination (6/94)SECTION 410-1