HomeMy WebLinkAbout2010 CON International Community Foundation Center - Garden & Urban Agriculture InitiativeAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
INTERNATIONAL COMMUNITY FOUNDATION CENTER
THIS AGREEMENT is entered into this 21st day of January, 2010, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
INTERNATIONAL COMMUNITY FOUNDATION CENTER (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a consultant to support a community
garden and urban agriculture initiative for the City of National City.
WHEREAS, the CITY has determined that the CONSULTANT is qualified by
experience and ability to perform the services desired by the CITY, and the CONSULTANT is
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as set
forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10 percent
from the base amount.
3. PROJECT COORDINATION AND SUPERVISION. Raymond Pe hereby
is designated as the Project Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONSULTANT shall assign a single Project Director to
provide supervision and have overall responsibility for the progress and execution of this
Agreement for the CONSULTANT. Richard Kiy thereby is designated as the Project Director
for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit
"A" (the Base amount) without prior written authorization from the Project Coordinator. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the
CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The CITY shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality
or acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a
report which supports their position and file the same with the other party. The CITY shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further
effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written consent
of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from
employing or hiring as many employees, or subconsultants, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the
applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subconsultants, shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
11. LICENSES. PERMITS. ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT's trade or profession currently practicing under similar
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conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT's professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CITY
are reasonably commercially available. Any failure by the CONSULTANT to use due diligence
under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any reasonable
substitute within a price range that allows for project completion in the time frame specified or,
when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
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City's Standard Agreement — June 2008 revision
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 15.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's
negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subconsultants, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be
provided prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
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H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company of equal financial stability that
is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
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City's Standard Agreement - June 2008 revision
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONSULTANT:
Raymond Pe, AICP
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Richard Kiy
International Community Foundation
2505 N Avenue
National City, CA 91950
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
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22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
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promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY INTERNATIONAL COMMUNITY FOUNDATION
CENTER
(Corporation — sig ���.. two corporate officers required)
By:
By:
Chris Zapat (Name)
City Manager
City of National City e\\ c. ‘K‘
(Print)
C/L. or#
APPROVED AS TO FORM:
George H. Edger, III
City Attorney
u, ASP By:
(Title)
(Name)
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City's Standard Agreement - June 2008 revision
APf �ratX R
International Community Foundation Center
2505 N Avenue
National City, Ca. 91950
January 20, 2010
Brad Raulston, Director
Community Development Commission
1243 National City Blvd.
National City, CA 91950
PROPOSAL FOR NATIONAL CITY COMMUNITY GARDENING AND URBAN AGRICULTURE STRATEGIC
ENVISIONING
Dear Brad:
On behalf of the International Community Foundation Center (ICF Center), a type 1 supporting
organization of the International Community Foundation (ICF), I am pleased to submit this proposal with
a not to exceed amount of $20,000 to support a community garden and urban agriculture initiative for
the City of National City. The planned work scope will consist of the following key project elements:
a) Organization of an "urban agriculture workshop" for community stakeholders and a
follow up de -briefing to city officials on December 15, 2009
b) Development of a master plan for Joe's pocket farm located on public lands between
Alpha Street and East 4th Street, including a +8000 SF lot on North "Q" Avenue, a +8000 SF
parcel at the corner of North "R" Avenue and East Division Street, property owned by the
Sweetwater Authority, and the westernmost edges of El Toyon Park
c) Based on the outcomes of task #1, development of a National City specific urban
agriculture and community gardening action plan to be considered by the City as part of
its proposed General Plan Update. NOTE: No work or studies under this scope of services
shall include Las Palmas Park."
I. Task 1: Urban Agriculture Workshop
In order to envision to possibilities for urban agriculture, community gardening and healthy living
options for the residents of National City, a workshop on urban agriculture is planned for Tuesday,
December 15, 2009. See agenda appendix A. The workshop will be facilitated by nationally recognized
urban agriculture expert, Michael Ableman. See bio Appendix B.
The goal of the workshop will be to assess best practices in community gardening and urban agriculture
that could be successfully embraced by residents and key community stakeholders in National City.
Workshop participants will draw from the experience of Ableman who successfully led the development
of Fairfield Gardens in Santa Barbara which has become a national model for small scale and urban
agriculture.
Critical questions which will be addressed include:
• What are the opportunities and challenges for developing a successful community gardening
and urban agriculture program in National City? What costs are involved?
• How can private philanthropy complement public dollars to realize a vision for urban agriculture
in National City?
• How to successfully build community buy -in for an urban agriculture program?
How to engage hard -to reach populations of the community
• What are the Nuts and Bolts of starting a Community Supported Agriculture program (CSA)?
o Production Planning & Execution
o Marketing and Sales
o Educational Outreach
• What are successful strategies for successfully integrating locally grown produce into the school
lunch program at the National School District?
The outcome of the workshop will be two -fold:
• A de -briefing to city elected and appointed officials on the afternoon of December 15a'.
• White paper highlighting workshop recommendations, outcomes and proposed next steps.
II. Task 2: Master Plan for Joe's Pocket Farm:
The International Community Foundation Center (ICF Center) shall sub -contract to landscape architect,
Leslie Ryan, who will undertake the development of a master plan for the existing 10' wide walking path
and adjacent public lands between Alpha Street and East 4th Street, including a +8000 SF lot on North
„Q„
Avenue, a +8000 SF parcel at the corner of North "R" Avenue and East Division Street, property owned
by the Sweetwater Authority, and the westernmost edges of El Toyon Park. The key tasks will include
the following:
1. Gather pertinent documents, including site plans, surveys, aerial photographs, relevant
City documents regarding the present and future planning for the project area, and
relevant documents from adjacent property owners (water authority, school district,
Caltrans).
2. Visit project area to photograph and document existing conditions, including streets,
sidewalks, public and alternative transportation, parking areas, specific site elements,
access locations, adjacent property uses, existing plantings, slopes, drainage, paving,
utilities, fences, and gates.
3. Conduct preliminary research on easements and property ownership.
4. Meet with City of National City to present research and site investigation findings.
5. Determine overall directions for master planning.
Key Outcomes:
The following will be key outcomes and deliverables from this task:
1. Create base maps for Master Plan and template for documentation.
2. Develop strategies for project area development, including opportunities for urban farms an
passive recreation, Safe Routes to School, and future links to other City -owned sites and school
routes. Strategic planning will include lighting, street crossings, fencing and gates around
gardens and along walk/bike path, access points to individual urban farms and walk/bike path,
locations of major landscape elements on individual sites (trees, farm stand, toolshed, etc.) and
notes regarding infrastructural requirements to develop and maintain the linear urban farm.
3. Meet with Client to present strategies and further develop a working Master Plan.
4. Create master plan
5. Refine Master Plan and supporting graphic images in response to Client comments. Create
Powerpoint presentation of Master Plan, supporting graphics, and documentation of project
conditions.
6. Present Master Plan to National City stakeholders, or as determined by Client.
111. Task #3: development of an urban agriculture and community gardening action plan
to be considered by the City as part of its proposed General Plan Update.
Based on the outcomes of Task 1 (urban agriculture and community gardening workshop) the
International Community Foundation will work with sub contractors, Leslie Ryan and Michael
Ableman to develop a proposal for a draft action plan which could be developed in time for
consideration by key community stakeholders in February 2010. Details of the work scope
associated with this task are yet to be determined and will be subject to prior approval by the
City of National City's Department of Community Development. NOTE: No work or studies
under this scope of services shall include Las Palmas Park.
IV. Budget:
Task 1: Urban Agriculture Workshop
$4,000 (includes
direct travel costs -
$1000, facilitator
honorarium -$2,000;
direct workshop costs:
$1,000)
Task 2: Joe's Pocket Farm Master Plan
$6,000
Task 3: National City specific urban agriculture
and community gardening action plan
$8,200
not to exceed cost
ICF Center Grant Administration Cost (9%)
$1,800
Total:
$20,000
V. Time Line for Deliverables:
Task #1: December 15, 2009:
Task #2: January 31, 2010
Task #3a: February 15, 2010
Task #3b: February 28, 2010
Urban agriculture workshop
Draft Master Plan —Joe's Pocket Farm
Proposal for Task #3 deliverables
Completed Draft National City Urban Agriculture and
Community Gardening Action Plan
If after reviewing the submitted you have additional questions do not hesitate to contact me.
rd Kiy
ent & CEO
Appendix A:
8:30 am
9:00 am.
9:15 am
9:30 am
10:15 am
AGENDA
"Urban Agriculture & National City:
Examining the Possibilities to Re -Discover the City's Roots"
A workshop facilitated by Michael Ableman
Tuesday, December 15, 2009
8:30 am to 3:00 pm.
International Community Foundation Center
2525 N Avenue
National City, CA 91950
Continental Breakfast
Welcome & Introductions, Richard Kiy, Executive Director, International
Community Foundation Center
Review of Workshop Goals & Objectives and overview of National City's
vision towards community gardening and urban agriculture. Brad
Ralston, Director of Community Development, City of National City
A Review of Urban Agriculture Best Practices in North America & Santa
Barbara Case Study, Michael Ableman
Break
10:30 am. City Tour of potential urban agriculture existing, emerging and proposed
opportunities
--ICF Center Organic Garden & planned Olivewood Gardens &
Learning Center
-Stein Farm
-Kimball Park
-El Toyon Park & Joe's Pocket Farm
12:15 pm. Return to ICF Center
12:30 pm-2:30pm
Lunch Discussion about future opportunities for Urban Agriculture in
National City Lunch will be provided from the ICF Center's organic
garden
Key issues to discuss:
• Urban agriculture lessons learned
o How to build community buy -in
o How to engage children and youth
o How to involve hard to reach populations of the community
o Nuts and Bolts of starting a Community Supported Agriculture program (CSA)
• Production Planning & Execution
• Marketing and Sales
• Educational Outreach
• Introducing locally grown produce into school lunch programs
2:30 pm. Final reflections and recommendations for National City's proposed
urban agriculture program, Michael Ableman
2:45 pm. Workshop Concludes
3:00 pm-5:00 pm National City Public Officials De -Briefing
15, 2009: Urban agriculture workshop
Task #2: January 31, 2010
Task #3a: February 15, 2010
Task #3b: February 28, 2010
Draft Master Plan —Joe's Pocket Farm
Proposal for Task #3 deliverables
Completed Draft National City Urban Agriculture and
Community Gardening Action Plan
Appendix B:
Biography
Michael Ableman
Michael Ableman is the founder and executive director emeritus of the Center for Urban
Agriculture at Fairview Gardens, a non profit organization based on one of the oldest and most
diverse organic farms in southern California, where he farmed from 1981 to 2001. At its peak
the farm served as an important community and education center and a national model for
small scale and urban agriculture, hosting as many as 5000 people per year for tours, classes,
festivals, and apprenticeships. Under Ableman's leadership the farm was saved from
development and preserved under one of the earliest and most unique active agricultural
conservation easements of its type in the country.
Ableman has started food gardens at the Santa Barbara AIDS Hospice, an 11-acre farm at the
Midland School, and a market garden at the Jordan Downs housing project in Watts. His work
as an educator and consultant has helped to inspire dozens of projects and initiatives
throughout North America and the Caribbean.
In 1984 Ableman traveled to mainland China where he observed the remnants of a traditional
system of agriculture that had sustained people and the land for thousands of years. This
experience inspired him to travel around the world documenting other cultures culminating in
the internationally acclaimed publication of From the Good Earth: A Celebration of Growing
Food Around the World (Abrams, 1993). Called "hopeful and inspiring" by the LA Times and "a
compelling photographic essay" by the NY Times, From The Good Earth was one of the first
books to visually document the dramatic changes taking place in food and agriculture
worldwide. The book has become a timeless classic that challenges us to participate; in the
marketplace, in our kitchens, and in our own backyards.
Ableman's second book, On Good Land: The Autobiography of an Urban Farm (Chronicle Books,
1998), is the emblematic story of his fight to preserve a piece of what was once some of the
richest farmland in the world, and a paean to the sweet obsession of growing food. The
Philadelphia Inquirer stated, "that if Henry David Thoreau had been a farmer, he would have
written a book very much like Michael Ableman's On Good Land". Booklist called it "inspiring
and utterly absorbing" and the literary book review Kirkus Reviews said that "among a sprawl of
books incessantly issued and hyped, this small, wise volume quietly calls us to read and be
renewed". The book, graced with Ableman's lush photographs, argues articulately for farmland
preservation and provides a blueprint for a farm that thrives in cooperation with its
surrounding community.
Ableman's photographs have appeared in publications throughout the world and in solo
exhibitions at the Oakland Museum, the Santa Barbara Museum of Art, and the Field Museum
in Chicago.
He has lectured extensively throughout the U.S. and in Europe. His work has been covered in
National Geographic, on National Public Radio's All Things Considered, in the Utne Reader,
Gourmet Magazine, and the L.A. Times. An award -winning film about Ableman's work, Beyond
Organic, narrated by Meryl Streep aired nationally on PBS in 2001.
Ableman has received numerous awards including the 2001 "Sustie" Award for his work in
sustainable agriculture, Eating Well magazine's 1995 Food Hero Award, and the 1997
Environmental Leadership Award from the governor of the state of California.
His third book "Fields of Plenty; A farmer's journey in search of real food and the people who
grow it" was released in the fall of 2005.
Ableman is currently farming on an island in British Columbia with his wife and two sons.
Web: http://www.fieldsofplentvcom/
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
May 18, 2010
Mr. Richard Kiy
International Community Foundation
2505 N Avenue
National City, CA 91950
Dear Mr. Kiy,
On January 21st, 2010, an agreement was entered between the City of National
City and International Community Foundation Center.
We are enclosing for your records a fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission