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I Love A Clean San Diego; 2016-03-22; ENV1382
AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES I LOVE A CLEAN SAN DIEGO ENV1382 VY/ This ,Amendment No. 2 is entered into and effective as of the 5-th. day of _Lll __ ,__,_-"-'o.ACJt_,,_..=.;---=;;__------' 2018, extending and amending the agreement dated March 22, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"}, and I Love a Clean San Diego, a private, non-profit California corporation ("Contractor") (collectively, the "Parties") for environmental education and outreach services. RECITALS A. On March 10, 2017 the Parties executed Amendment No.1 to the Agreement to extend the agreement for a period of one year; and B The Parties desire to alter the Agreement's scope of work to make adjustments to the environmental education and outreach tasks; and C. The Parties desire to extend the Agreement for a period of one (1) year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annua.1 Agreement amount shall not exceed twenty four thousand two hundred fifty dollars ($24,250). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty four thousand two hundred fifty dollars ($24,250). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by March 22, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 ENV1382 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR, I Love a Clean San Diego, a private, non-profit California corporation By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey / Pu I arks Director as R lSY-t 13 t} R.o"-1 / VI l€ f'r<..e; 11)2~ (print nam'e/title) authorized by the City Manager By: ~---- (sign here) H.c/, "4-e I S,.-, c.-,J-~.., /~~,c,.:,7 (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: --rr~I ;:~~~~-"=-=--->=<--------~ crtyAttorney City Attorney Approved Version 1/30/13 2 1. WORK PERIOD March 23, 2018 to March 22, 2019 2. PROGRAMS Community Programming OUTREACH AND EDUCATION SERVICES CITY OF CARLSBAD PROVIDED BY I LOVE A CLEAN SAN DIEGO o Zero Waste 101 Community Workshop ILACSD has demonstrated success in planning and implementing zero waste workshops for the Cities of Encinitas and Chula Vista. ILACSD will develop, coordinate, and deliver a Zero Waste 101 workshop during the summer of 2018 for community members to educate adults about zero waste lifestyles, as well as engage youth in hands-on zero waste activities. Coordination includes outreach and marketing to Carlsbad residents, registration, securing venue, zero waste displays and activities, and a handout with useful tips and information. ILACSD will aim to engage a minimum of 30 attendees and will involve staff-led tutorials and hands-on demonstrations. To accommodate Spanish-language attendees, ILACSD will translate the handout to offer a bilingual resource with tips and information. Cost: 1 workshop at $2,800 = $2,800 Expenses (supplies, mileage, printing, misc.) = not to exceed $200 Total= $3,000 o Summer Outreach Campaign ILACSD will schedule and coordinate a "Locals Don't Litter" Day including three outreach booths to distribute reusable take out containers to restaurant goers in Carlsbad, once in June 2018, once in September 2018, and a third time during the holiday season 2018. Emphasis will be placed on restaurants with high foot traffic that will engage a large cross section of Carlsbad residents and tourists. At these outreach events, staff will educate the public on the benefits of limiting food waste, how to eat out or cook in a less wasteful way, using reusables, and then also pass out reusable take out containers, encouraging residents to make a "pledge" to be zero waste by signing up for social media updates from ILACSD and the City of Carlsbad. ILACSD will also provide bilingual handouts with sustainable tips and food waste reduction for restaurant goers to learn more. To promote the event and encourage tourists to not litter, ILACSD will design, print, and distribute posters to businesses in Carlsbad in early summer. City of Carlsbad will supply giveaways for each outreach booth. Cost: $65 per hour staff rate for 3 booths, on three separate days = $6,500 Poster expenses (design & printing) = $750 Other expenses (mileage, misc printing) = $600 Total= $7,850 o Park Recycling & Waste Assessment ILACSD will survey 16 public parks in the City of Carlsbad (Ann D.L'Heureux Park, Alga Norte Park, Aviara Park, Stagecoach Park, Cadencia Park, Cannon Park, Hidden Canyon Park, Holiday Park, Hosp Grove Park, La Costa Canyon Park, Laguna Riviera Park, Leo Carrillo Ranch Historic Park, Magee Park, Maxton Brown Park, Pine Avenue Park, and Poinsettia Park) and report back to the City of Carlsbad with the number of trash receptacles, recycling receptacles, proper placement of receptacles, signage, and suggestions for improvement. Assessment cost includes travel, inspection, and reporting time. Staff will visit each park once on a Saturday afternoon, and again on a Sunday afternoon to determine how often the trash & recycling was picked up, and to see if any bins are overflowing with trash & recycling from the weekend. Cost: $65 per hour staff rate not to exceed 110 hours= $7,150 Expenses (mileage, printing, misc.)= not to exceed $300 Total= $7,450 Business Programming o Community Recycling Survey at multi-business complexes ILACSD will develop and deliver a survey targeting customers at three malls in Carlsbad, with the aim to survey customers on their knowledge of recycling practices at the mall, whether or not they approve of the current recycling plans at the mall, and other questions related to the City of Carlsbad's environmental programming. ILACSD will conduct the survey at each mall twice and also observe the habits of customers at the mall during this time. ILACSD will report back to the City with findings from the survey, with the goal of giving the City the tools that they need to encourage better recycling management practices at Carlsbad's malls. ILACSD staff will survey a minimum of 100 customers per mall, between at least two visits per mall. Cost: $65 per hour staff rate not to exceed 50 hours = $3,250 Expenses (mileage, printing, misc.)= not to exceed $750 Total = $4,000 Administration & Reporting ILACSD will conduct monthly program administration activities, including monthly invoicing and reporting. Cost: 30 hours x $65/hour = $1,950 3. COST Total Cost of Services: not to exceed $24,250 Signature: __________________ Date: _____ _ (City of Carlsbad Representative) Signature: ----1-S)_~ __ /,c,(......, .. _.__Af-+---"'lvfr___.__~_-_Q.'1 ___ Date: ·-z-/--z_6 (t ~ (~ Clean San Diego) / ~ ILOVE-1 l"'IC> In· I C: ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 08/31/2017 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 riQhts to the certificate holder in lieu of such endorsement(s). PRODUCER 858-391-3001 ij~ij~~cT Leigh Shelton Springbrook Insurance Agency rA~g,NJo, Ext): 858-391-3001 I rt~. No):858-391-3010 10650 Treena Street Suite 105 San Diefl_°, CA 92131.2435 i~lJ~ss, leigh@springbrookins.com Russell ail INSURER/SJ AFFORDING COVERAGE NAIC# INSURER A, Nonprofits' Insurance Alliance 10023 INSURED I Love a Clean San Diego INSURER B: Attn: Ann Hirsch 2508 HistoricDecaturRdSte 150 INSURERC: San Diego, CA 92106-6175 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER REVISION NUMBER 1 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I Tl> ,.,~n un,n IM11' ....... " .... r..n.n , .... , ______ ,. A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f---~ CLAIMS-MADE CK] OCCUR ~~~h~IJ9F~~~!EE_ ___ , X 201715330 03/17/2017 03/17/2018 $ 500,000 f--- MED EXP IAnv one nerson\ $ 20,000 f--- PERSONAL & ADV INJURY $ 1,000,000 f--- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 Fl POLICY CK] mer D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ A ~TOMOBILE LIABILITY ~~~~~~~~.?NGLE LIMIT $ 1,000,000 X ANY AUTO -X 201715330 03/17/2017 03/17/2018 BODILY INJURY !Per oersonl $ OWNED SCHEDULED f---AUTOS ONLY -AUTOS BODILY INJURY /Per accident\ $ X HIRED X NON-OWNED iPF;,9~2c~JeiNAMAGE $ f---AUTOS ONLY 1--AUTOS ONLY X comp X coll ded $ 500 A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 1,000,000 ~ 201715330 03/17/2017 03/17/2018 EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I fJH-AND EMPLOYERS' LIABILITY STATI ITF Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Ci7 of Carlsbad is named as additional insured per the attached CG2026 04 3_ CERTIFICATE HOLDER CANCELLATION CITYCAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD c/o EXIGIS Ins Compliance Svcs AUTHORIZED REPRESENTATIVE P. 0. Box 6448-ECM #35050 ~~ New York, NY 10163-4688 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE ~~U1\ilf..~N ,/>\! H,r...J NrURA.NCi:: FUNC ISSUE DATE: os~o,~2017 P.OLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: P.Cll.lCV NUMBER: 904293B-2017 CERTIFICATE· 10: 47 C!:RTIFICATE :EXPIRES: oi"13-2Q18 02-13-2017/02-13-2018 THIS CERTIFICATE SUPEASEDES AND CORRECTS CERTIFICATE# 23 DATED 02-13-2017 CITY OF CARLSBAD. DEPT OF PUBLIC WORKS 1635 FARADAY AVE SP CARLSBAD CA 92008-7314 This ls to certifY. that we have issued· a valid Workers' Compensation insurance p,olk:y. in a form aP,prdved· bv. the California Insurance Commissioner to the employer n;imed below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this P.Olicy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy fisted herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which It may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. ~IC:t( 4i:/ /L_ ,Jj~ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,()()() PER Oe<:URRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02-13-2013 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. -·ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-09-07 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: - CITY OF CARLSBAD, DEPT OF PUBLIC WORKS EMPLOYER J U)VE A CLEAN SAN DIEGO CO., INC. AND (A SP NON-PROFIT CORP) 2508 HISTORIC DECATUR RD STE 150 SAN DIEGO CA 92106 (REV.7·2014) [R-rn;s01 PRINTED 09-07-2017 SP POLICY NUMBER: 2017-15330 INSURED: I Love a Clean San Diego County, Inc. COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 201715330 INSURED: I Love a Clean San Diego County, Inc. IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 1711 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 D AMENDMENT N0.1 TO EXTEND AND AMEND AGREEMENT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES I LOVE A CLEAN SAN DIEGO ENV1382 r1e Amendment No.1 is entered into and effective as of the /Q#J day of 11 ech , 2017, extending and amending the agreement dated March 22, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and I LOVE A CLEAN SAN DIEGO, a private, non-profit California corporation, ("Contractor") (collectively, the "Parties") for environmental education and outreach services. RECITALS A. The Parties desire to alter the Agreement's scope of work to make adjustments to the environmental education and outreach tasks; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed twenty one thousand, seven hundred twenty dollars ($21 ,720). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty one thousand seven hundred twenty dollars ($21 ,720). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by March 22, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 ENV1382 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR I LOVE A CLEAN SAN DIEGO, a private, non-profit California corporation By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey I P R\.S'A 0:> ~~ \.) s a.~Y (print name/ti/le) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:------~~<-----.;;;;_"'----=-~ Deputy City Attorney City Attorney Approved Version 1/30/13 2 ENV1382 EXHIBIT "A" SCOPE OF SERVICES AND FEE 1. Educational Presentations: I Love A Clean San Diego (ILACSD) will market, schedule, and deliver between three and nine classroom presentations during the 2017 school year within the month of April at high schools within the City of Carlsbad. Presentation content will focus on food waste reduction, recovery and recycling and will include a combination of age-appropriate PowerPoint presentations and interactive activities. I Love A Clean San Diego will customize the PowerPoint and presentation materials to Carlsbad. Cost: $400 per presentation x up to 9 presentations = $3,600.00 Presentation Development: 10 hours at $65.00/hour = $650.00 Total Cost: $4,250.00 2. Used Oil Certified Collection Center Visits a. I Love A Clean San Diego will visit and survey each of Carlsbad's 15 Used Oil Certified Collection Centers (CCC) in the Spring of 2017 at a flat rate of $30/visit plus mileage costs (currently $0.535/mile). b. Flat rate includes performing collection center visit, notifying the city of any signage needed by each CCC, preparing CaiRecycle Site Visit Checklist Form 664, and verifying center completion and reporting of Used Oil Log Sheet. c. Five (5) hours ($65.00/hour) will be used for staff correspondence, compiling used oil collection data, preparing surveys to be submitted to the city, and reporting to the city. d. Three (3) hours ($65.00/hour) will be used for correspondence with a staff member of the City of Carlsbad to attend CCC visit with ILACSD staff. Staff member will attend at least one CCC visit with ILACSD staff/subcontractor during normal business hours (8 a.m. - 5 p.m., Monday-Friday). Cost: 15 visits, 8 hours coordination and billing= $970.00 plus mileage. Mileage not to exceed $200. 3. Environmental Education After-School Program ILACSD will market, schedule and deliver a five-day after-school program for youth at the Boys and Girls Clubs of Carlsbad, located at the Village Branch and the Bressi Clubhouse or City of Carlsbad Parks & Recreation classes or camps during the Summer of 2017. The program will feature hands-on activities to engage students in learning about waste reduction, recycling, composting, resource conservation, and human impacts on the environment. Dates for this program will be confirmed by April 30, 2017 and communicated to the city. Cost: 5 day program= $5,000 {x 2) Total Cost: $10,000 (Program fee inclusive of marketing, curriculum development, supplies, presentation materials, equipment, staff time, mileage, copies, printing) City Attorney Approved Version 1/30/13 3 ENV1382 4. As Needed Environmental Outreach and Education Programs Additional programs will be determined on an as needed basis and any work will occur during the term of this agreement. I Love A Clean San Diego will work with the city's representative to develop scope and cost for such programs with detailed time and materials. I Love A Clean San Diego will submit proposed scope and cost, and will obtain written approval from the city's representative prior to beginning work. Cost: Not to exceed $5,000 5. Administration & Reporting: I Love A Clean San Diego will conduct monthly program administration activities, including monthly invoicing and quarterly reporting. Cost: 20 hours x $65.00/hour = $1,300.00 TOTAL COST NOT TO EXCEED $21,720 City Attorney Approved Version 1/30/13 4 ENV1382 AGREEMENT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES I LOVE A CLEAN SAN DIEGO ~IS AGREEMENT is made and entered into as of the _.t./(/"'.0 day of ___,4.L-=-~f--:!-£'4'L:)~~ .... W~----' 2016, by and between the CITY OF CARLSBAD, a municipal co~poration, ("City"), and I LOVE A CLEAN SAN DIEGO, a private, non-profit California corporation ("Contractor"). RECITALS A. City requires the professional services of an education and outreach professional that has expertise and experience in environmental related education and outreach programs. B. Contractor has the necessary experience in providing professional services and advice related to environmental related education and outreach programs. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed twenty two thousand nine hundred forty five dollars ($22,945). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand dollars ($30,000) per Agreement year. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 4/1/15 ENV1382 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1/15 2 ENV1382 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 ENV1382 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Avecita Roach Title Management Analyst Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad CA 92008 Phone No. 760-602-7542 For Contractor Name Sam DeCapua Title Contract Manager Address 2508 Historic Decatur Road, Ste. 150 San Diego, CA 92106 Phone No. 619-704-2774 Email sdecapua@cleansd.org Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 4 ENV1382 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1/15 5 ENV1382 employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /II Ill /II /II /II /II City Attorney Approved Version 4/1/15 6 ENV1382 EXHIBIT "A" SCOPE OF SERVICES ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES PROPOSED PROGRAMS: 1. Visits to Certified Used Oil Collection Centers in Carlsbad a. I Love A Clean San Diego will visit and survey each of the eight certified used oil collection centers located within the City of Carlsbad in the Spring and Fall of 2016. The schedule will be coordinated with the city's recycling program manager. Visits will be charged at a flat rate of $30/visit plus mileage at current California reimbursement rate. (2016 rate is 54 cents per mile). b. Flat rate for visits includes performing collection center visit, meeting with staff at the site, providing information to center staff on basic requirements for operating a collection center, notifying the city of any deficiencies at the site, preparation of the Cal Recycle Form 664-Certified Center Site Visit Checklist for each visit, of each site. c. Six hours at $60/hour will be used for staff correspondence, compiling used oil collection data, preparing surveys and reporting information to the city's recycling program manager. Cost for Item 1: $840 plus mileage at California reimbursement rate. 2. Environmental Outreach and Education Programs Environmental outreach and education programs as shown in Exhibit B. Additional programs will be determined on an as needed basis and any work will occur during the term of this agreement. Contractor will work with city's recycling program manager to develop scope and cost for such programs with detailed time and materials. Contractor will submit proposed scope and cost, and will obtain written approval from city's recycling program manager prior beginning work. City Attorney Approved Version 4/1/15 8 ENV1382 Exhibit "B" OUTREACH AND EDUCATION SERVICES CITY OF CARLSBAD PROVIDED BY I LOVE A CLEAN SAN DIEGO 1. WORK PERIOD March 15, 2016 to December 31, 2016 2. PROGRAMS o Composting and Waste Reduction Educational Presentations: I Love A Clean San Diego (ILACSD) will market, schedule, and deliver 6 classroom presentations during the 2016 calendar year at schools within the City of Carlsbad. Presentation content will focus on waste reduction and composting, and will include a combination of age- appropriate PowerPoint presentations and interactive activities. I Love A Clean San Diego will customize the PowerPoint and presentation materials to Carlsbad. Cost: $375 per presentation x 6 presentations = $2,250 Presentation Updates: 10 hours at $60/hour = $600 Supplies: $60 Total Cost: $2,910 (Presentation fee inclusive of marketing, equipment, staff time, mileage, copies, printing, faxes) o Used Oil Certified Collection Center Visits • I Love A Clean San Diego will visit and survey each of Carlsbad's 8 Used Oil Collection Centers in Spring and Fall 2016 at a flat rate of $30/visit plus mileage costs (currently $0.56 /mile). • Flat rate includes performing collection center visit, notifying the City of any signage needed by each CCC, preparing CaiRecycle Site Visit Checklist Form 664, and verifying center completion and reporting of Used Oil Log Sheet. • 6 hours ($60/hr) will be used for staff correspondence, compiling used oil collection data, preparing surveys to be submitted to the City, and reporting to the City. Cost: 16 visits, 6 hours coordination and billing= $840 plus mileage o Com posting Workshops: I Love A Clean San Diego will develop, coordinate, and deliver four composting themed workshops for community members to educate adults about at home composting, as well as engage youth in hands-on com posting and zero waste activities. Coordination includes outreach and marketing, securing venues, composting displays and activities, and a handout with City Attorney Approved Version 4/1/15 9 ENV1382 com posting tips and information. Workshops will aim to engage a minimum of 15 attendees and will involve ILACSD staff-led tutorials and hands-on demonstrations. Cost: $2,401.25 per workshop x 4 = $9,605 o Compost Bin Rebate Program: I Love A Clean San Diego will work with a local vendor to promote and facilitate the purchase of compost bins for Carlsbad residents. ILACSD will coordinate a $40 composting bin rebate program for up to 75 bins to be reimbursed by the City of Carlsbad. Coordination time includes outreach and promotion of rebate program, establishing a partnering vendor to supply bins and accept rebates, and the tracking and reporting of bin sales to the City of Carlsbad. Cost: 75 bins x $40/bin, plus 40 hours x $60/hour = $5,400 o Administration & Reporting: I Love A Clean San Diego will conduct monthly program administration activities, including monthly invoicing and quarterly reporting. Cost: 24 hours x $60/hour = $1,440 o Composting Inquiries via Hotline/Database I Love A Clean San Diego will provide com posting information online via WasteFreeSD.org as well as take constituent calls and questions related to composting on ILACSD's Hotline at a flat rate of $250 per month over the course of the calendar year. Cost: $250 x 11 months= $2,750 3. COST Total Cost of Services= $22,945 City Attorney Approved Version 4/1/15 10