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HomeMy WebLinkAboutSolana Center for Environmental Innovation; 2013-12-02; PEM1049PEM 1049 AGREEMENT FOR STORM WATER ELEMENTARY EDUCATION SERVICES (SOLANA CENTER FOR ENVIRONMENTAL INNOVATION) THIS AGREEMENT is made and entered into as of the ^.///C) day of eC€/V\^'^e. r 2013, by and between the CITY OF CARLSBAD, a municipal corporation, ("City") and SOLANA CENTER FOR ENVIRONMENTAL INNOVATION a California corporation, ("Contractor") RECITALS A City requires the professional services of a contractor that is expenenced in providing storm water education programs for elementary school students B Contractor has the necessary expenence in providing professional services and advice related to storm water education programs for elementary school students 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 customanly exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area and will use reasonable diligence aniil best judgment while exercising its professional skill and expertise 3 TERM The term of this Agreement will be effective for a penod of eight months from the date first above written The City Manager may amend the Agreement to extend it for one (1) additional one (1) year penods or parts thereof in an amount not to exceed sixteen thousand dollars ($16 000) per Agreement year Extensions will be based upon a satisfactory review of Contractor's performance, (5ity needs, and appropnation 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 dunng the initial Agreement term will be in an amount not-to-exceed fourteen thousand dollars ($14 000) No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A" Incremental payments if applicable should be made as outlined in attached Exhibit "A" City Attorney Approved Version 1/30/13 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 contnbutions on behalf of Contractor or its employees or subcontractors Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contnbution, social secunty 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 pnor wntten 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 nght 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 ansing out of the performance of the work descnbed 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 ofthis Agreement 10 INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injunes to persons or damage to property which may anse out of or in connection with performance of the services by Contractor or Contractors agents, representatives employees or subcontractors The insurance will be obtained from an insurance earner admitted and authorized to do business in the State of California The insurance earner is required to have a current Best's Key Rating of not less than "A- VM" OR City Attorney Approved Version 1/30/13 with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least 'A X 10 1 Coverages and Limits Contractor will maintain the types of coverages and minimum limits indicated below unless 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 carned 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 10 11 Commercial General Liability Insurance $1 000 000 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 10 12 Automobile Liabilitv (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 10 13 Workers' Compensation and Emplover'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 10 14 Professional Liability Errors and omissions liability appropnate to Contractors profession with limits of not less than $1,000,000 per claim Coverage must be maintained for a penod of five years following the date of completion ofthe work I I If box IS checked Professional Liability City s Initials Contractors Initials Insurance requirement IS waived 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 10 2 1 The City will be named as an additional insured on Commercial General Liability which shall provide pnmary coverage to the City 10 2 2 Contractor will obtain occurrence coverage excluding Professional Liability, which will be wntten as claims-made coverage 10 2 3 This insurance will be in force dunng the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior wntten notice to City sent by certified mail pursuant to the Notice provisions of this Agreement 10 3 Providing Certificates of Insurance and Endorsements Pnor 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 City Attorney Approved Version 1/30/13 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 10 5 Submission of Insurance Policies City reserves the right to require at anytime, 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 dunng normal business hours to examine audit, and make transcnpts 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 penod 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 nght to make one (1) copy of the work product for Contractor s records 14 COPYRIGHTS Contractor agrees that all copynghts that anse from the services will be vested in City and Contractor relinquishes all claims to the copynghts in favor of City 15 NOTICES The name of the persons who are authonzed to give wntten notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement For City For Contractor Name James Wood Jr Name Lisa Ruder Title Senior Environmental Specialist Title Project Manager Department Public Works/PEM Address 137 N El Camino Real City of Carlsbad Encmitas CA 92024 Address 1635 Faraday Ave Phone No 760 436 7986 Carlsbad CA 92008 Email Phone No 760-602-7584 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 City Attorney Approved Version 1/30/13 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 Cartsbad Conflict of Interest Code The Contractor shall report investments or interests in all four categories 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 discnmination and harassment 19 DISPUTE RESOLUTION If a dispute should anse 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 (10) business days If the resolution thus obtained is unsatisfactory to the aggneved 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 wntten 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 tendenng thirty (30) days wntten 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 City Attorney Approved Version 1/30/13 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 employee any fee commission 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 pnce or consideration, or othenwise 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 cnminal prosecution Contractor acknowledges that California Government Code sections 12650 et seg 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 penod of up to five (5) years Contractor acknowledges debarment by another jurisdiction IS grounds for City to terminate this Agreement 23 JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or nghts provided for by this Agreement will be tned in a court of competent junsdiction 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 or 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 wntten 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 wnting signed by both parties City Attorney Approved Version 1/30/13 26 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 ENVIRONMENTAL INNOVATION, a California corporation (sign here) (pnnt name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ayor on Division Director as authorized by the City Manager By (sign here) 1 (pnnt name/title) 0 If required by City, proper notanal 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 empowenng the officer(s) signing to bind the corporation APPROVED AS TO FORM CELIA A BREWER City Attorney BY Assistant City AttoHney oliney City Attorney Approved Version 1/30/13 Exhibit "A" Solana Center tOd solanacenter org Proposal for the City of Cartsbad for Storm Water Education September 20 2013 Scope of Work Solana Center will provide storm water education to the third graders in the Cartsbad public schools for FYI 3-14 and residents of the City of Carlsbad to assist the city in meeting the requirements of the California Regional Water Quality Control Board - San Diego Region section E 7 Public Education and Participation a Public Education We expect a similar program will be offered the following year Some modification in future years may be made based on the outcome of the assessment being conducted by the City of Cartsbad for the California Regional Water Quality Control Board - San Diego Region (also referred to as the Storm Water Permit) The Solana Center will work with the city to support the outcome of the assessment and the education requirements identified in future years We will provide education and ensure awareness of storm water management and watersheds We will do this through three possible avenues 1 classroom education of third-graders in the Cartsbad public school system, 2 public forum presentations, and 3 public events for the general public Each IS descnbed in more depth below Description and Pricing Classroom Education The highly hands-on and interactive presentation is approximately 45 minutes, designed to accommodate a class penod Dunng the presentation students will interact with the Enviroscape watershed model The model provides a framework for understanding watersheds and showing how storm water carries pollutants into our water system The Enviroscape is a relief map that shows simulated pollutants, such as pet waste trash and toxic matenal taking the course of storm water down the landscape into a body of water To reinforce the learning students are also organized into human maps They are mountains hills and beaches The ' pollutants are able to run down this human relief map Preferably the presentation will be set up in a room where individual classes of students will come but the presenter can also move from room to room The class size is assumed to be 35 students or less since larger groups will not be able to have the same hands-on expenence (See Watershed Presentation Descnption and Outline ) The schools which will receive the presentations are schools located in the Cartsbad city limits and part of either Cartsbad Unified School Distnct or Encinitas Union School Distnct (See List of Carlsbad Elementary Schools ) Students will complete pre- and post-assessments that test their awareness of storm water issues The percent increase of awareness will be calculated and provided to the contract administrator in the quarterty reports The pncing parameters are - $400 per presentation - minimum of 2 presentations at a school per day - minimum 30 and maximum 40 presentations total dunng the school year Public Forum Presentation To reach a wider audience a similar one hour presentation can be given at locations throughout Carlsbad Locations where this format would be well-received include the Boys and Girls Club and Agua Hedonia Lagoon These presentations will be given to the public at the per presentation pnce of $500 The number of attendees will be provided in the quarterty reports Public Events In addition to structured presentations the Solana Center can staff booth events, such as Kids Day at the Flower Fields The pnce for an event is $1400 per event, for an event that lasts up to 6 hours The booth will utilize the Enviroscape model which is extremely popular for hands-on learning Kids enjoy the watershed model and other hands-on activities while parents interact With the educator Adults and children learn about the importance of picking up pet waste managing manure and disposing of trash oil and toxic matenals appropnately Literature about these subjects is also available Past Performance From July 2012 - August 2013 the Solana Center presented to 655 students in 7 schools with 26 presentations In the previous year, July 2011-August 2012 the Solana Center presented to 1042 students in 7 schools The presentations have consistently received a rating of 9 or 10 Summary of Offerings Descnption Pnce Quantity (minimum to maximum) Dollar range - minimum Dollar range - maximum Classroom Education $400 per presentation 30-40 presentations $12 000 $16 000 Public Forum Presentation $500 per presentation 0-4 presentations $0 $2 000 Public Events $1400 per event 0-1 event $0 $1 400 This information is provided to the City of Carlsbad so that the program administrator can select the combination that best fits with the City s needs The content of the educational presentations may be adjusted, if necessary, based on an agreement between the City of Cartsbad and Solana Center Deliverables The list of deliverables is reports and invoices The reports include the information identified in Table 2 and will be provided at the end of each quarter At the end of the last quarter a final report which summarizes the activities throughout the year will be provided Invoices will be provided with the information identified in Table 2 for each month when activity occurs Table 2 Description of deliverables Quarterty Report (one Storm Water Education Classroom Presentations per first three quarters) School and address Date of presentation Final Report (summary at Number of Presentations the end of last quarter) Total number of students reached Eco-Quiz Student Evaluation School name Total number of pre-quizzes returned Total number of post-quizzes returned Number of students aware of watersheds before presentations Number of students aware of watersheds & storm drains after Presentations Quizzes with little to no response Average percent increase in awareness Educational matenals distnbuted Handout/matenal Number distnbuted Monthly Invoice Invoice Tracking budget Detail summary of time Mileage Please contact Lisa Ruder (lisa@solanacenter org) or 760-436-7986 ext 211 with any questions Watershed Presentation Description & Outline The educator will utilize the highly interactive and fun Enviroscape model to assist in the student's understanding of what a watershed is and how they personally affect the quality of water At the end of the hands-on presentation the students fully understand how water flows through the mountains and hills via streams toward the ocean Dunng the discussion they realize why their actions affect both stream life and ocean life They also gam a better understanding of pollutants and how they arrive in our water system The presentation ends with a pledge to take actions that prevent pollutants from entenng our watershed INTRODUCTION • Solana Center Mission • Importance of Water • Problem is we don t have much usable water WATER CYCLE DISCUSSION • Basic info on evaporation, condensation, and precipitation utilizing Powerpoint image • Explain transition from liquid -^gas-^liquid as fits with 3^"^ grade science standards • DISCUSS storm drains (show slide) WATERSHED • Define watershed and give examples POLLUTION • As the water moves through our watersheds, it might get' dirty What IS pollution'? ENVIROSCAPE MODEL (3 x5' relief map showing that "pollutants" naturally flow downhill toward collected bodies of water) • Descnbe the landscape at Cartsbad locations • Student volunteers pollute (oil, soap/chemicals dog/animal poop fertilizer trash) • Rainstorm game, with student volunteers helping spray the model • DISCUSS results and let students see what happened to the lagoon and ocean water • Effects of pollution on animals, humans and environment as a whole HUMAN MAP Students act at topography points such as beaches and mountains This reinforces the concept of where pollutants flow WRAP-UP • What can we do to keep our watersheds clean'? Kids provide examples • Pledge to be good water stewards • Administer post-assessment which will be evaluated against the pre-assessment test to measure increased understanding and awareness about storm water and water quality Resumes of educators Enn Short, Volunteer Coordinator & Environmental Educator Enn joined the Solana Center in March 2012 The Solana Center philosophy and focus on the local community s efforts to help the environment through sustainable practices is what initially attracted her to the position Her interests include habitat protection recycling conservation and sustainability She graduated from the University of Redlands with a B S in Environmental Science and a minor in Biology Since then she has been busy teaching kids about everything from horseback nding to wildlife ecology She has worked as a horseback nding director Safan Park tour guide and most recently spent several years working in the education department of the nearby Helen Woodward Animal Center Outside of work Enn enjoys hiking with her cattle dogs nding her horse and tending her garden and worm bin Diane Hazard Environmental Educator Diane has been providing waste management education at local high schools presenting our elementary education matenal leading master composting workshops and staffing many of our public outreach booths She studied biology and communications and has worked as a research scientist in the pharmaceutical industry She has a Certificate of Sustainability from UCSD List of Carlsbad Elementary Schools Aviara Oaks Elementary Buena Vista Elementary Calavera Hills Elementary Canllo Elementary School El Camino Creek Elementary* Hope Elementary Jefferson Elementary Kelly Elementary La Costa Heights Elementary* La Costa Meadows Elementary Magnolia Elementary Mission Estancia Elementary* Olivenhain Pioneer Elementary Pacific Rim Elementary Poinsettia Elementary *part of Encmitas Union School Distnct all others part of the Cartsbad Unified School Distnct