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I Love A Clean San Diego; 2018-11-28; PSA19-610CA
PSA19-610CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between I Love a Clean San Diego, a California non-profit corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide outreach and education services in accordance with all California Department of Resources, Recycling and Recovery (CalRecycle) statutes that provide framework for waste reduction, recycling, and waste management practices. All work to commence per Appendix "A" for the Outreach and Education Services, (the “Project"). The Project services shall include school and community programming, and administration and reporting. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by December 31, 2020. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $51,905. DocuSign Envelope ID: ACB65F93-6FD3-4E94-896B-B8AADD8A5A60 February 6, 2020 PSA19-610CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT OUTREACH & EDUCATION SERVICES TASK GROUP TIME & MATERIALS Elementary Lunchtime Assistance (9 schools) $11,250 Middle/High School Educational Video and Presentations (5 schools) $9,095 Middle/High School Lunchtime Assistance (5 schools) $10,750 Poster Contest $2,900 Seaside Sustainability Community Workshops (4) $12,800 Creek to Bay Cleanup 2020 Sponsorship $1,000 Coastal Cleanup Day 2020 Sponsorship $1,000 WasteFreeSD Database and Call Center Maintenance and Updates $500 Administration and Reporting $2,025 Tablecloths (2) $585 TOTAL (Not-to-Exceed) $51,905 /// /// /// /// /// /// /// /// DocuSign Envelope ID: ACB65F93-6FD3-4E94-896B-B8AADD8A5A60 PSA19-610CA City Attorney Approved Version 7/19/17 3 CONTRACTOR I Love a Clean San Diego, a California non-profit corporation I Love a Clean San Diego, a California non-profit corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Len Hering, Executive Director Natalie Roberts-DeCarli, Sr. Director of Operations (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ DocuSign Envelope ID: ACB65F93-6FD3-4E94-896B-B8AADD8A5A60 Assistant City Attorney February 6, 2020 OUTREACH AND EDUCATION SERVICES CITY OF CARLSBAD PROVIDED BY I LOVE A CLEAN SAN DIEGO 1.WORK PERIOD February 2020 – December 31, 2020 2.PROGRAMS Task 1: School Programming o Elementary Lunchtime Assistance (Spring 2020) I Love A Clean San Diego staff will provide on-site lunchtime trash and recycling sorting assistance to students up to four days at Carlsbad elementary schools. Staff will be stationed at the trash and recycling bins at lunch to further reinforce proper waste sorting practices, offering reminders of what types of materials belong in each bin. Cost: $1,250 per school flat rate x 9 schools = $11,250 o Middle/High School Educational Video and Presentations (Fall 2020) ILACSD will create a 2-3 minute recycling video to educate middle and high school students from five schools on proper recycling procedures, the importance of recycling and waste reduction, and introduce recycling infrastructure at their school. The video will be customized for middle versus high school students. ILACSD staff will coordinate with schools to provide a brief introduction preceding the video shown to students during school announcements. The video will be developed with approval from the City of Carlsbad. ILACSD will include the City of Carlsbad logo on the PowerPoint presentation to recognize the City’s support. Cost: $9,095 o Middle/High School Lunchtime Assistance (Fall 2020) *optional I Love A Clean San Diego staff will provide on-site lunchtime trash and recycling sorting assistance to students and demonstrations on four days following waste diversion presentations at Carlsbad middle and high schools. Two staff will be stationed at the trash and recycling bins at lunch to further reinforce proper waste sorting practices, offering reminders of what types of materials belong in each bin. Cost: $2,150 per school flat rate x 5 schools = $10,750 PSA19-610CA - Task No. 2 4 DocuSign Envelope ID: ACB65F93-6FD3-4E94-896B-B8AADD8A5A60 o Poster Contest I Love A Clean San Diego will prepare a poster contest in Fall 2020 to implement at elementary and/or middle schools in Spring 2021. Poster contest themes will be approved by City of Carlsbad. Winners will be announced in honor of Earth Day 2021. Program implementation is inclusive of outreach and marketing to schools, correspondence with schools and City of Carlsbad to coordinate entries and winners. Program Development: 20 hours at $67.50/hour = $1350 Program Implementation: Flat rate of $1550 Total: $2900 Task 2: Community Programming o Seaside Sustainability Community Workshops ILACSD will deliver four Seaside Sustainability workshops during the Spring, Summer, and Fall 2020. Each workshop will educate youth and adults about lifestyle choices to reduce waste, including sustainable swaps and proper hazardous waste disposal, through informational sessions, hands-on activities, and demonstrations. Coordination includes outreach and marketing to Carlsbad residents, registration, securing venue, displays and activities, and a handout with useful tips and information. ILACSD will aim to engage a minimum of 30 attendees. To accommodate Spanish-language attendees, ILACSD will translate the handout to offer a bilingual resource with tips and information. ILACSD will post a Carlsbad banner at each workshop, provided by the City of Carlsbad. Workshop locations will be distributed throughout the City of Carlsbad where possible. Two Summer workshops will focus on HOA’s or multi-family buildings, while the Spring and Fall workshops will be held at community gathering areas. Cost is inclusive of expenses and mileage. Cost: 4 workshops at $3,200 = $12,800 o Creek to Bay Cleanup 2020 sponsorship Cleanup site sponsorship to include reporting of miles covered, weight of collected debris, and volunteer totals for cleanup sites in the City of Carlsbad for the 18th Annual Creek to Bay Cleanup, scheduled for Saturday, April 25, 2020 from 9AM – 12noon. Details available at www.creektobay.org. Sponsorship packet available upon request. Cost: $1,000 o Coastal Cleanup Day 2020 sponsorship Cleanup site sponsorship to include reporting of miles covered, weight of collected debris, and volunteer totals for cleanup sites in the City of Carlsbad for the 36th Annual Coastal Cleanup Day, scheduled for September 19th, 2020 from 9AM – 12noon. Details available at www.cleanupday.org. Sponsorship packet available upon request. Cost: $1,000 o WasteFreeSD Database and Call Center Maintenance and Updates I Love A Clean San Diego will update Carlsbad recycling and waste diversion sites on the ILACSD database on a semi-annual basis, and search for new sites in Carlsbad to add to WasteFreeSD.org Cost: $500 PSA19-610CA - Task No. 2 5 DocuSign Envelope ID: ACB65F93-6FD3-4E94-896B-B8AADD8A5A60 Administration & Reporting ILACSD will conduct monthly program administration activities, including monthly invoicing and reporting. ILACSD will conduct quarterly calls or meetings with the City of Carlsbad staff to discuss contract activities. ILACSD will design and purchase two co-branded tablecloths with ILACSD and City of Carlsbad logos for use at workshops as part of this contract. Cost: 30 hours x $67.50/hour = $2,025 Two Tablecloths: $585 3.COST Total Cost of Services: not to exceed $51,905 Signature: ___________________________________Date:____________ (City of Carlsbad Representative) Signature: ___________________________________Date:____________ (I Love A Clean San Diego) PSA19-610CA - Task No. 2 6 DocuSign Envelope ID: ACB65F93-6FD3-4E94-896B-B8AADD8A5A60 EXHIBIT 8-MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE 1 ILACSD Staff All Staff 2. ILACSD Flat Rate Educational All Staff Presentation for Students or Adults 3. 4. 5. 9. 10. SUB-CONSULTANTS NAME/FIRM TITLE 1. 2. 3. 9. 10. EXPENSES DESCRIPTION COST 1. Mileage Current Federal Rate 2. Black and white copies/printing .15/copy 3. Color copies/printing .35/copy 4. 5. Master Agreement Consulting Services 6 of 6 HOURLY RATE $67.50 $415.00 HOURLY RATE % MARKUP NA ; NA NA Request for Qualification RFQ No.18-05 Appendix "A" PSA19-610CA - Task No. 2DocuSign Envelope ID: ACB65F93-6FD3-4E94-896B-B8AADD8A5A60 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION CG 20 26 04 13 2019-15330 Named Insured: I Love a Clean San Diego County, Inc. 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. Name Of Additional Insured Person(s) Or Organization(s): SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. A.B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – 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. © Insurance Services Office, Inc., 2012 Page 1 of 1CG 20 26 04 13 City of San Diego, its respective elected officials, officers, employees, agents and representatives I Love a Clean San Diego County, Inc.NAMED INSURED: FORM: NIAC-E61 11 17 POLICY NUMBER: 2019-15330 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II – Who Is An Insured is amended to include any public entity as an additional insured for whom you are performing operations, who may be named in the schedule above, when you have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: Your negligent acts or omissions; or The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations: No such public entity is an additional insured for liability arising out of the "products-completed operations hazard" or for liability arising out of the sole negligence of that pubic entity. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 1. 2. B.With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to “bodily injury” or “property damage” occurring after: 1. 2.That portion of “your work” out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. Page 1 of 2NIAC-E61 11 17 I Love a Clean San Diego County, Inc.NAMED INSURED: FORM: NIAC-E61 11 17 POLICY NUMBER: 2019-15330 D.A. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)’ own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. Other Insurance a. b. Excess Insurance This insurance is excess over: 1. (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for “your work”; (b)That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for “property damage” to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, “autos” or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any “suit” if any other insurer has a duty to defend the additional insured(s) against that “suit”. If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)’ rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (a) (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 2 of 2NIAC-E61 11 17 IL 00 17 11 98 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 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 Insured'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. POLICY NUMBER: 201915330INSURED: I Love a Clean San Diego County, Inc. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between I LOVE A CLEAN SAN DIEGO, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental education and outreach in accordance with all California's Department of Resources Recycling and Recovery (CalRecycle) statutes thatprovide framework for waste reduction, recycling, and waste management practices. All work to commence per Appendix “A” for the Environmental Education and Outreach Program, (the “Project”). In addition, the Education and the Environment Initiative (EEI),managed by the department’s Office of Education and the Environment, fosters environmental literacy among California K-12 students. The Project services shall include environmental education and outreach services for residents and schools. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work withinone (1) working days after receiving this fully executed document and a City PurchaseOrder. Contractor shall complete the work within three hundred sixty five (365) workingdays thereafter. Working days are defined in section 6-7.2 “Working Day” of the StandardSpecifications for Public Works Construction (Green Book). Extensions of time for thisTask Description may be granted if requested and agreed to in writing by the Director orCity Manager. In no event shall Contractor work beyond the term or authorizedcompensation of the Master Agreement, as amended by this Project Task Description andFee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $55,000. 1 of 6 PSA19-610CADocuSign Envelope ID: ADA35674-B08C-408E-9BBD-E5564FBA063C March 11, 2019 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES TASK GROUP TIME & MATERIALS Elementary Presentations (Spring 2019) $10,350 Elementary Lunchtime Assistance (Spring 2019) $10,800 Elementary Presentation, Lunchtime Assistance, Campus Cleanup, and Poster Contest (Fall 2019) $13,995 Seaside Sustainability Community Workshops $6,000 As Needed - Public Space Recycling & Waste Assessment Support $7,450 Creek to Bay 2019 sponsorship $1,000 Coastal Cleanup Day 2019 sponsorship $1,000 WasteFreeSD Database and Call Center Maintenance and Updates $500 Business Lunch and Learn Office Visit Presentations $1,600 Administration & Reporting $1,950 TOTAL (Not-to-Exceed) $55,000 CONTRACTOR I LOVE A CLEAN SAN DIEGO a California corporation I LOVE A CLEAN SAN DIEGO a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney 2 of 6 PSA19-610CA Michael Simonsen, SecretaryLen Hering, Executive Director DocuSign Envelope ID: ADA35674-B08C-408E-9BBD-E5564FBA063C 3/11/2019 OUTREACH AND EDUCATION SERVICES CITY OF CARLSBAD PROVIDED BY I LOVE A CLEAN SAN DIEGO 1.WORK PERIOD March 1, 2019 – February 29, 2020 (All work to commence upon approval by City of Carlsbad) 2.PROGRAMS Task 1: School Programming o Elementary Presentations (Spring 2019) I Love A Clean San Diego will market and deliver assembly-style elementary school education presentations focused on waste reduction and diversion, including recycling, composting, hazardous waste, and reuse. During the presentation, students will practice sorting real-life examples of common household and campus waste. Presentations will be updated from the 2018 presentations to include a second educator as well as additional interactive, age-appropriate components to engage and empower youth. Cost is inclusive of staff time, materials, and mileage. Cost: $575 per presentation x 18 presentations = $10,350 o Elementary Lunchtime Assistance (Spring 2019) I Love A Clean San Diego staff will provide on-site lunchtime trash and recycling sorting assistance to students and demonstrations on four days following waste diversion presentations at Carlsbad elementary schools. Staff will be stationed at the trash and recycling bins at lunch to further reinforce proper waste sorting practices, offering reminders of what types of materials belong in each bin. Cost: $1,200 per school flat rate x 9 visits = $10,800 o Elementary Presentation, Lunchtime Assistance, Campus Cleanup, and Poster Contest (Fall 2019) ILACSD will provide age-appropriate, interactive classroom presentations at elementary schools in the City of Carlsbad at one grade level per school to educate youth on recycling, waste reduction, and sustainability. Students will then participate in a campus cleanup to reinforce their vital role in maintaining their local waterways, while giving them firsthand accounts of the need to reduce waste and avoid littering. This empowers students to be vigilant in their future behaviors once they understand their impact their environment. Cleanups will be held on campus during school hours. ILACSD education staff will coordinate with teachers to provide the optimal cleanup experience for their scheduling needs. Metrics supporting the impact of the cleanup, such as student participation and total amount of debris collected, will be provided in the monthly reports. Appendix "A" PSA19-610CA - Task No. 1 3 of 6 DocuSign Envelope ID: ADA35674-B08C-408E-9BBD-E5564FBA063C In order to continue student engagement after the presentation and cleanup, ILACSD will invite students to participate in a poster contest, with a chance to win reusable lunch giveaways for the winning classroom. Poster contest theme will be identified in collaboration with city staff. The City of Carlsbad will distribute the winning poster in conjunction with the City’s Earth Month events and outreach such as city newsletters, website, and other platforms as determined by City staff. Cost: 27 grade level presentations and cleanups at $475 per school = $12,825 Poster Contest coordination: $1,170 Total = $13,995 Task 2: Community Programming o Seaside Sustainability Community Workshops ILACSD has demonstrated success in planning and implementing sustainable materials management workshops for the Cities of Encinitas, Carlsbad, Chula Vista, and Vista. ILACSD will deliver a Seaside Sustainability workshop during the Spring and Fall 2019. Each workshop will educate youth and adults about lifestyle choices to reduce waste, including sustainable swaps and proper hazardous waste disposal, through informational sessions, hands-on activities, and demonstrations. Coordination includes outreach and marketing to Carlsbad residents, registration, securing venue, displays and activities, and a handout with useful tips and information. ILACSD will aim to engage a minimum of 30 attendees. To accommodate Spanish- language attendees, ILACSD will translate the handout to offer a bilingual resource with tips and information. Cost: 2 workshops at $2,800 = $5,600 Expenses (supplies, mileage, printing, misc.) = not to exceed $200 per workshop Total = $6,000 o As Needed - Public Space Recycling & Waste Assessment Support ILACSD will provide support for a recycling infrastructure program based on findings from the 2018 waste assessments. Staff will assist as needed with a marketing campaign to include press releases, educational materials, and signage on bins to educate the public on recycling. Sample campaigns include billboards, press events, booth outreach, and out of home advertising. Cost: $65 per hour staff rate not to exceed 110 hours = $7,150 Expenses (mileage, printing, misc.) = not to exceed $300 *City to provide bins, signage, and marketing expenses Total = $7,450 o Creek to Bay 2019 sponsorship Cleanup site sponsorship to include reporting of miles covered, weight of collected debris, and volunteer totals for cleanup sites in the City of Carlsbad for the 17th Annual Creek to Bay Cleanup, scheduled for April 27th, 2019 from 9AM – 12noon. Details available at www.creektobay.org. Sponsorship packet available upon request. Cost: $1,000 Appendix "A" PSA19-610CA - Task No. 1 4 of 6 DocuSign Envelope ID: ADA35674-B08C-408E-9BBD-E5564FBA063C o Coastal Cleanup Day 2019 sponsorship Cleanup site sponsorship to include reporting of miles covered, weight of collected debris, and volunteer totals for cleanup sites in the City of Carlsbad for the 35th Annual Coastal Cleanup Day, scheduled for September 21st, 2019 from 9AM – 12noon. Details available at www.cleanupday.org. Sponsorship packet available upon request. Cost: $1,000 o WasteFreeSD Database and Call Center Maintenance and Updates I Love A Clean San Diego will update Carlsbad recycling and waste diversion sites on the ILACSD database on a semi-annual basis, and search for new sites in Carlsbad to add to WasteFreeSD.org Cost: $500 o Business Lunch and Learn Office Visit Presentations I Love A Clean San Diego will market and deliver business-specific presentations for individual businesses within the City of Carlsbad to share current environmental issues, best practices related to office greening, creating a successful green team, and sustainable solutions at work and at home. Presentations are often given to employees over lunch as a Lunch and Learn format, with lunch provided by the company. ILACSD staff provide digital support materials following the presentation, and is available for ongoing questions and support following the presentation to monitor business practices for both challenges and success. Cost: $400 per presentation at 4 businesses = $1,600 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 $55,000 Signature: ___________________________________Date:____________ (City of Carlsbad Representative) Signature: ___________________________________Date:____________ (I Love A Clean San Diego) Appendix "A" PSA19-610CA - Task No. 1 5 of 6 DocuSign Envelope ID: ADA35674-B08C-408E-9BBD-E5564FBA063C EXHIBIT 8-MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE 1 ILACSD Staff All Staff 2. ILACSD Flat Rate Educational All Staff Presentation for Students or Adults 3. 4. 5. 9. 10. SUB-CONSULTANTS NAME/FIRM TITLE 1. 2. 3. 9. 10. EXPENSES DESCRIPTION COST 1. Mileage Current Federal Rate 2. Black and white copies/printing .15/copy 3. Color copies/printing .35/copy 4. 5. Master Agreement Consulting Services 6 of 6 HOURLY RATE $67.50 $415.00 HOURLY RATE % MARKUP NA ; NA NA Request for Qualification RFQ No.18-05 Appendix "A" PSA19-610CA - Task No. 1DocuSign Envelope ID: ADA35674-B08C-408E-9BBD-E5564FBA063C POLICY NUMBER: 201815330 COMMERCIAL GENERAL LIABILITY INSURED: I Love a Clean San Diego County 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 III – 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 © ISO Properties, Inc., 2004 Page 1 of 1 PSA 19-61 0CA MASTER AGREEMENT FOR ENVIRONMENTAL OUTREACH AND SERVICES I LOVE A CLEAN SAN DIEGO THIS AGREEM~T is made and entered into as of the 2-Bt::1/\ day of ""[ ~XL::: , 2018, by and between the City of Carlsbad, a municipal corporation, ("City"), and I Love A Clean San Diego, a California non-profit corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in environmental outreach and services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to environmental outreach and services. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. SCOPE OF WORK The 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three (3) years from December 1, 2018, through November 30, 2021. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, the 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA 19-61 OCA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for the City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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 the City. Contractor will be under control of the City only as to the result to be accomplished, but will consult with the City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the 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. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The 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 the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the 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, the 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 the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the 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 the 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 the 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. City Attorney Approved Version 6/12/18 2 PSA 19-61 OCA The parties expressly agree that any payment, attorney's fee, costs or expense the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation as a result of the negligence, recklessness or willful misconduct of the Contractor 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 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 the 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. The 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. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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 the City's satisfaction, a declaration stating this. 10.1.4 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: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 PSA 19-61 0CA 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the 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 the City to obtain or maintain insurance and the 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. The 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 the 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 new work product produced by Contractor or its agents, employees, and subcontractors made specifically for this Agreement is the property of the City. In the event this Agreement is terminated, all new work product produced by Contractor or its agents, employees and subcontractors specifically for this Agreement will be delivered at once to the 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 the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA 19-61 0CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor under this Agreement. For City Name Eleida Felix Yackel Title Senior Contract Administrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Moriah Saldana Title Director of Regional Affairs 2508 Historic Decatur Rd Address Suite 150 San Diego, CA 92106 Phone No. 619-704-2782 Email msaldana@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 categories. YeslxJ NoO 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 the 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 City Attorney Approved Version 6/12/18 5 PSA 19-61 0CA 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, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the 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 the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the 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 the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the 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. The 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, the 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 the 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 the 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 the 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 the City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 PSA 19-61 0CA 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 the 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 the 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. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-61 0CA 27. 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. Executed by Contractor this 7D rw day of n O V CJ-1i?CJ L ' 2018. CONTRACTOR I Love A Clean San Diego, a California non-profit corporation By: ~1' A ,ivt,(1,.--- (sign here) RtSt\ i3AMtJ flru,~ (print name/title) sign here) a.'1--t.,,ffA,r,-t'~v, 1300.,..J ..,;.~'Juye,_y- (print nam'eltitle) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~yor ATTEST: 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 svlfle.tQw Deputy CityAttorn City Attorney Approved Version 6/12/18 8 ~ --:=::::=..::__-,_ -._---~-------------• We • Our Donors $S0,000+ Campland, LLC SDG&E Dud•I $25,000+ Htney Family Foundation Rtpublic Sel'lices, Inc. Wells Fargo Bank SU,000+ Ellen Browning Scripps Found1tion Chuck & Gail ltndall through Rancho Santa Ft Foundation EDCO Lowes $10,000 + Cox California Keep America Beautiful The La Jolla Community Found•tion UPS $5,000+ DART Bank of Amtrl<a BIii Haines Enns Hotels Harroh'! Rincon Casino & Resort Htwlttt Packard Nordson Asymtek Qu1komm Sony Uninrsal Wutt Dispouil Co. Walmart Wute Management Sl.SOO+ Anh,u,er Bu,ch San Diogo Ball Corporation Cae~(s Enterprise Servkes General Dynamic,, NASSCD GilHub Karon & Alan H•nry lllumina, Inc. Northrop Grumman Patagonia Rubio'! Coastal Grill Sycuan Ca~no Teledyne Marine The Heier foundation of San Diego Union Bank U.1. Bank Sl,000+ Allitd lnl•CJ!alrd Mark•ling AmNlpristfinancial, Inc. :~Y!'~<,!J Communitits, Inc. W1lliam8urtill CarMax Foundation f:~:,~·,~~tr C.irton Council Caufiotd & Jam.,, LLP Dtntons Ennt Network Robert & Sus,n fod• Goodrich Corporatton GoPro ~7~n~~1!:x1"" John~n Controls Kohr, ~:,~~tre:~ w;:~~ Mayela ManaSjan Janotlo & John M•lm Michael Baker lnlttnalional Mltche.fl International, Inc. Vinet Reardon ~~t~~trol'C!litan Crtdtt Union Sin £11)0 lagoon Con,mancy FALL SOCIAL I ()(lot,,,, 1 :,c,:;; •11(c,i1u,Jr· i:rit1:1,,·111•'·: d ,,,,, .~rd,b-p ,1•vi lcj\'r .i l.w •ir_i mp,''.' ,11 \<½n :1;.gr :·-1 ,p,J11•1,,,n,j .nd ,1'.'• ,,,11nq '.'1P '.-1ll l·,,(111 ·ti, .11 ·1u1I f.111 \r-., .11 "·'''kJ' '.l")~,,·li1'i 'J'. (•I ', 1·· '.:1,·,~-~\ f''lv1••,1,r~ ,·•1',11 ;,r,,.k, 1111:11, ,; ~•::,t .. ,tv, h-r .•111-1•·1,11; ',J''"'! ;ir l{J(,l 'l\ CORPORATE & TEAM BUILDING SPONSORSHIP h'.lltt:,mJ~t'H,t,,~,)1n·11tn,:,11. ~·u ,·,w,J,lll''.'f"'. ,ulu•hf''1'~J\ ,r .. r1r "(J ·, :-u· _,.,, 1 ,·.-L,1":t .. •' t,·.1n tu l::.,1,:; '. p:·(,rl·J.'1!: ,,,. ·, ur , ··i•l·1 ;,ci<l:,1_·•·.'1 (' "r•··•f~_,,Ht,, 1,1 ·OJ,t,ir' 1;:1,11-h.td lr1')·1·:,r ~, :~·'1 ,, . '. ' ' .. 1:it, ', .~ •. 'I,·,, Ill:' ~dl"I Ill '• •l• ·11! :-<[ •·.~t., There are many more way~ to contribute to a dean San Diego. G-et involved, meet new people, learn more about suitainability, and make a difference at CleanSO.org, On the Horizon for ILACSD Sloo, 1954, wo'l'e ltd the w,r towllds a zero w-, liner ftf, and tnmJllll«llily engqd San Oi@go County! El'efl with such• ltngthJ history, wt hM pltnty of siting plans on the horizon for II.A(Sl). ln2018, wo wl <ontioot ID wort digtndy toot• the beautiful, healthy, and dean San Difgo wo •IM.We wl ilWl'SI in our IJl'll!St assol. our rdtmt..n. tlvough the otatlon of a now l'Oluntffl dal.tlast. Tlil dalaba wl alow us lo better communlcat• and sem those who support us with their time and effort We wift commit tu breaking down b,rrter, to zero wtile living by conducting 900 dassloom p!fSfntations and community worohops to fducate and inform San Diego residents. Wt wiN grow ltl'enllt by spreading .. .,..,, about our mission and impact to cwtivate and earn e'tefJ dolar our supportffl chooSf to ill'lell On behalf of our Board of Ohecton and stall I wodd Ike to lhank you -our iOlunteers, our dooon, and our frie!1ds - for "-"PGr1ing ustt,s,past 63 years. Becausedyou, Wf a,e po!itionfdtoll!!POfld 1Dthetme1ging mormertal .-..dsol San otegoCllllnty and wth )'0Uf "4Jl)ort wow I comooe protect, trllara. and 1M a deanSanOitgo! STAFF Pauline Martinson Natalie Robtrts-DtCar11 Ann Hlrs<h MkhHI Johnson Morlah Saldana Emily Nelson Anais Roclrigutz Lauren Short 8t«a Kuntz Car1yltfft Nlkolu ltnnt4J ~iMlbamdlt BOARD OF DIRECTORS President Maytla Manasjan, City of Encinitas Vice President ;J; Risa Baron, San Oiego County Water Authority Treasurer ""ab Harrison, Hmison & As>0<iate, ~ecretary Mi,hatl Si•onstn, Republic Servim ~ (t,{a,µ,i,f,!A. btitSIIN Layah Wtlss MarilNIV..-== S-111M<Wty Met.nit Aztau, Well, Fargo Bank Drew Ital, Mitchell International WIHlam lur11tt, National University Clint CarntJ, telmedx Jell Caufttld, Caufield and James, LLP IIH Halnts, Community Volunteer Ja•it Inn, U.S. Bani lbr1na bH, Sony Eltctronics Michael Patt, RECON Environmenlitl Dtnlst Z. Price, The Clay Comp,1ny ltlth li99io, Slone Brewing Comp,1ny Adrun Sal~. SDG&E 1:Levea.ctean • 5am.,,1>i[!Ji' '"""' CleanSD.org • 619.291.0103 WasteFreeSD.org • 1.800.237.BLUE 2S08 H~tofic Dtcatur Rd., St,.150, San Oiogo, CA 92106 Donat• onllnt at CleanSD.org ~~:d~lmSD (D @@ @ 0 Prlnttd on recyc/td f1411" 2017 ACCOMPt.t5HMENTS 2017 EXPENSES Programs Fundraising Management Total Expenses $1,023,044 $209,151 $171,215 $1,403,410 2017 REVENUE Corporate Government Individual Foundation Total Revenue $460,749 $789,531 $147,977 $79,128 $1,477,385 ~ Further details and complete financial report available at ~ CleanSD.org RECYCLING PROGRAMS I Love A Oean San Diego's wo waste database, WastefreeSO.org, ~ San Diego County's one-stop resource to help residents properly dispose of items that would otherwise end up in landfills. After undergoing a redesign, WastefreeSO.org Ull'leiled its fresh new look in April of 2017. The site expanded to include repair options, donation locations, and recyding centers fur commonly searched ittms. Wrth all the new features on WasttfreeSO.org, ILACSD hancled over 12,200 recyc.ling inquiries in 2017 from residents and businesses looking to recyde responsibly. EDUCATION PROGRAMS ILACSD's education team engaged nearly 33,000 youth and adults in conversations about their Influence on the environment through classroom presentations, zero waste business and community workshops, after-school programs, and more. Throughout 2017, ILACSD educators emphasized the importance of zero waste habits through lessons about avoiding single-use items, local watershed pollution, and the effects of waste on the climate. Over 900 students, ttachers, and volunteers joined forces at the 2017 K/4s' 0.-0., to iNustrate the impact that can be made when we all •come together"for oor environment. COMMUNITY PROGRAMS I Love A Clean San Diego empowers San Diegans to conserve, protect. and enhance the local environment and scenic outdoor spaces. 2017 proved to be another strong year ol action for our Community Programs !tarn. Over 31,000 voluntters rtmovtd nearly 400,000 pounds of debris throughout San Diego County at 260 cleanup events. On top of growing community rtach, the !tam also saw growth with the crtation ol a new Community Events Coonlinator position to better serve our volunteers. Top 10 Items Ogntte Butts 39% Plastic Pieces 16% Food Wrappffl 14% Straws, Stlmrs 10% Bottle Caps 6% C., l.lcls, Plllls,Utmslls 4% Plastic Bags 4% Biloons 3% Foam Pieces 2% Glass Pieces 2% PSA19-610CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of environmental outreach related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Design and deliver educational presentations, workshops pertaining to environmental management programs B. Environmental management program compliance services C. Training, technical support for compliance with state and local government laws associated with environmental management programs. Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 EXHIBIT 8 -MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE 1. ILACSD Staff All Staff 2. ILACSD Flat Rate Educational All Staff Presentation for Students or Adults 3. 4. 5. 9. 10. SUB-CONSULTANTS NAME/FIRM TITLE 1. 2. 3. 9. 10. EXPENSES DESCRIPTION COST 1. Mileage Current Federal Rate 2. Black and white copies/printing .15/copy 3. Color copies/printing .35/copy 4. 5. - Master Agreement Consulting Services 1 of 24 10 PSA 19-610CA HOURLY RATE $67.50 $415.00 HOURLY RATE %MARKUP NA I NA NA Request for Qualification RFQ No.18-05 ILOVE-1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 03/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement s . PRODUCER 858-391-3001 ij0Nt~cT Leigh Shelton µe,:uru.~--=--------------~-----------4 Springbrook Insurance Agency (PAH/CO,NNEo, Ext)·. 858-391-3001 F(AA/XC, No)·.858-391-301 O 10650 Treena Street Suite 105 San Diego, CA 92131.2435 ioMD~~ , leigh@springbrookins.com Russell Lail INSURED I Love a Clean San Diego Attn: Ann Hirsch 2508 HistoricDecaturRdSte 150 San Diego, CA 92106-6175 COVERAGES CERTIFICATE NUMBER: INSURER S AFFORDING COVERAGE INSURER A, Nonprofits' Insurance Alliance INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: REVISION NUMBER: NAIC# 10023 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l1N$>: TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS ,.,en un,n A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE [!] OCCUR y 201815330 03/17/2018 03/17/2019 DAMAGE TO RENTED $ 500,000 '"" M_,,,. ____ MED EXP /Anv one oersonl $ 20,000 f---1,000,000 PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl POLICY [!] ft8-f •LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 f---/Fa accj,font) $ X ANY AUTO y 201815330 03/17/2018 03/17/2019 BODILY INJURY /Per nerson) $ ~ ~ OWNED SCHEDULED ~ AUTOS ONLY f---AUTOS BODILY INJURY /Per accident\ $ X HIRED X NON-OWNED iP~?~tc~di;,~t?AMAGE $ ~ AUTOS ONLY AUTOS ONLY X comp X coll ded $ 500 A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 201815330 03/17/2018 03/17/2019 AGGREGATE $ DED I X I RETENTION $ 10000 i WORKERS COMPENSATION I ~~fTJJTF I I f,JH-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE • 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) Cit_r: 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 POLICY NUMBER: 201815330 INSURED: I Love a Clean San Diego County COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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 0413 © ISO Properties, Inc., 2004 Page 1 of 1 CERTHOLDER COPY STATE COMFENSATION INSURANCE P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02-13-2018 CITY OF CARLSBAD, DEPT OF PUBLIC WORKS 1635 FARADAY AVE CARLSBAD CA 92008-7314 SP GROUP: POLICY NUMBER: 9042938-2018 CERTIFICATE ID: 47 CERTIFICATE EXPIRES: 02-13-2019 02-13-2018/02-13-2019 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named 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 policy 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 listed 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. ~t!,q Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. 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 2018-02-13 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARLSBAD, DEPT OF PUBLIC WORKS EMPLOYER I LOVE 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) PRINTED 01-17-2018 SP M0408