HomeMy WebLinkAboutSolana Center for Environmental Innovation; 2008-03-05;AGREEMENT FOR STORM WATER SCHOOL PROGRAM SERVICES
(SOLANA CENTER FOR ENVIRONMENTAL INNOVATION)
AGREEMENT is made and entered into as of the _ day of
2Q*<r. by and between the CITY OF CARLSBAD, a municipal
corportion, ("City"), and SOLANA CENTER FOR ENVIRONMENTAL INNOVATION
("Contractor").
RECITALS
City requires the professional services of an Environmental Education Consultant that is
experienced in providing school education services. Contractor has the necessary experience in
providing these professional services, 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 Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of six (6) months from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be
four thousand nine hundred seventy-four dollars ($4,974). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. 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.
City Attorney Approved Version #11.28.06
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred
thousand dollars ($500,000) each, unless otherwise authorized and approved by the
City Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior
written notice to the City by certified mail. City will be named as an additional insured on General
and Automobile liability. Contractor will furnish certificates of insurance to the Contract
Department, with endorsements to City prior to City's execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025,
et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version #11.28.06
14. Authority. The individuals executing this Agreement 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 Agreement.
CONTRACTOR
SOLANA CENTER FOR
ENVlSONMEr
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
(print name/title/
%&-ffa%3&9)g*CaM
(e-mail address)
^
'(e/fnaiFacldress)
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:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #11.28.06
Solana Center
for Environmental Innovation EXHIBIT "A"
137 N. El Camino Real, Encinitas, CA 92024
Ph (760) 436-7986, fax (760) 436-8263, www.solanacenter.org
City Of Carlsbad
Storm Water School Program Proposal for February 2008 - June 2008
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Solana Center staff will conduct up to 25 classroom presentations for students in grades 2 through 6 of
the Carlsbad School District. These interactive, 45-minute presentations will teach children:
• How to protect the environment by keeping their community clean while understanding
how pollutants enter our waters and the important role each of us can play to prevent pollution.
• Easy methods students can take home for family discussion to practice pollution
prevention.
• Students will receive up-to-date informational handouts and colorful posters that portray
non-point pollution issues, and have the opportunity to sign their own environmental pledge.
These three (3) lessons/priorities will be interwoven throughout each presentation.
• Eco-Quiz: We will administer a pre- and post presentation "Eco Quiz." The pre-quiz will be
provided to teachers one-week prior to the presentation with the findings used to evaluate the
student's existing knowledge of the subject matter. The post-quiz will be administered after the
presentation as a tool to evaluate what the children have learned. The Eco Quiz will be submitted to
Carlsbad program staff for review and approval in advance.
• Presentations: The presentation will be interactive and fun. It will include four components:
1. Discover what a watershed is and how student's actions affect their community and the
environment.
2. Use the "Enviroscape" to model types of pollution and how it is transported to the ocean.
3. Action steps to prevent pollution. This component incorporates strategies and methods
that students and their families can use to prevent pollution.
4. Eco puppet show. Students use marine animal puppets to understand food chains and
the effect pollutants have on them.
PART 1 : Understanding what a watershed is and how it relates to keeping your community clean
We will utilize a watershed/storm drain poster as a visual aid while describing a watershed and speak with
the students about the following aspects:
Define a watershed
What is in a watershed?
How can you help keep our watershed clean?
Where does rainwater go when it lands on the streets or in a parking lot?
Explain how storm drains carry water from paved areas to creeks, which eventually end
up in an ocean.
Ask students: Have you ever seen a "No Dumping, I live Downstream" sign painted on
the sidewalk? This reminds people that anything that enters a storm drain goes from their
local waterways without being cleaned.
Ask students what the difference is between a sewer and a storm drain. Explain the
difference.
Our mission: To create a better environment through innovation, leadership, education, and participation
February 2008
PART II: Hands-on Activity: "the Enviroscape"
• Define pollution
• What types of pollution are there?
• Where would you find this pollution?
• What happens when there's a big rain storm?
• How does the ocean look?
• Would you want to swim in this water?
This component provides a visual hands-on connection to the priorities of the program. We will ask the
students if they live in a watershed while reinforcing that we all live in a watershed. We will demonstrate
how their daily activities can affect the environment and highlight methods that can help keep their
community and environment clean. Through the use of the Enviroscape model and other props, children
can role play to understand the different sources of pollution in our community: residential, commercial,
agricultural and industrial.
PART III: Hands on Activity: Food Web Puppet Show
• Ask students if they know what a food web is
• Children role play to learn the food web and the impacts pollution can have
Students use four plush marine animal puppets to illustrate the food web.
Pledge Card:
A pledge card will be distributed to students so they can make a personal commitment to
respect their environment and to keep their community clean. The card will have a space for
their signature as well as their parents and list several tips taken from the presentation
materials. For example:
• I pledge to remind my family to bring leftover toxic materials such as paint, cleaners,
and pesticides to a household hazardous waste collection site.
• If I have a dog, I pledge to pick up after my dog.
• I pledge not to dump anything down a storm drain.
• I pledge not to litter.
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We will provide teachers with information to share with their students:
• A watershed poster so students can find out what watershed they live in and what water
sources are near them.
• 10 Simple Ways You Can Help Protect the Ocean
• Household Hazardous Waste Guide
• Environmental pledge for each student to sign
• Additional literature created by the City of Carlsbad, such as brochures, magnets and
other items the City would like to be included.
Our mission: To create a better environment through innovation, leadership, education, and participation
February 2008
Completed Fee and Program Schedule
Fee schedule:
Carlsbad Stormwater Education Proposal February 2008 - June 2008
iipask ""j1""
Stormwater Presentations
Administration
Marketing
Mileage
Total -'*-: :i^
^ Quantity
25
28
12.5
$0.50
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5~ .,-^-" - Rate *^
$100.00
$58.00
$58.00
250
i * ' j%ir
Total :,-: '?' ' '
$2,500.00
$1,624.00
$725.00
$125.00
*<:* $4,974:0^
Our mission: To create a better environment through innovation, leadership, education, and participation
February 2008