Item 11 - Award of Environmental Education Services Contract OF P �
AGENDA REPORT SUMMARY `'� �r
�F C�!N THE G�J�{
TO: Honorable Mayor and Members of the City ouncil
FROM: James L. Bowersox, City Manager
INITIATED BY: Jim Howell, Director of Public Wor
DATE: July 5, 2005
SUBJECT: Award of Environmental Education Services Contract
ABSTRACT
The Public Works Department mailed a Request for Proposal (RFP)to three environmental education
and community outreach organizations in the San Diego region.The scope ofwork includes providing
public outreach at special events, certified used oil collection center visits and evaluations, used oil
recycling presentations to schools and service groups, and complying with all applicable terms ofthe
Used Oil Block Grant Agreement between the City of Poway and the California lntegrated Waste
Management Board. Three proposals were received. I Love A Clean San Diego submitted the
proposal most beneficial to the City in terms of program implementation and cost. The length of the
contract is one (1) year, with the option to extend for two (2) additional one-year periods.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACT
Sufficient funds are budgeted in Account 1000P-1260C-4120 to award this contract.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was mailed to Derek Turbide, Executive Director, I Love A Clean San Diego.
RECOMMENDATION
It is recommended that the City Council award the environmental education services contract to I
Love A Clean San Diego in the amount of$10,000.00 for the contract year July 5, 2005 through July
5, 2006, and authorize the City Manager to execute the necessary documents.
ACTION
7/1/03
1 of 12 July 5, 2005 Item #,��
CITY OF POWAY G��� °F POWqy
AGENDA REPORT ��C�ryINTHE9G�V��4y
This report is inclutlad on the Consent Calentlar There will be no separate tliscussion of the report prior to approval by
the City Council unless members of the Council,staff or public repuest it to 6e removed from the Consant Calendar and discussed separately. If you
wish to have this report pulletl for discussion,please fill out a slip indicating[he report number and B��e it to the City Clerk prior to the beginning of
the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager
INITIATED BY: Jim Howell, Director of Public W
Annette Gonzalez, Senior Mana e Analyst Qj)�j'
Robin Miller, Management Analy'��.�� /"r,
DATE: July 5, 2005
SUBJECT: Award of Environmental Education Services Contract
BACKGROUND
The California lntegrated Waste Management Board (CIWMB) annually awards Used Oil
Recycling Block Grants to local governments to fund activities that encourage appropriate
disposal and recycling of used oil. Award amounts are determined on a per capita basis. The
City of Poway utilizes its Block Grant funds to purchase and disseminate promotional and
educational materials to the public at community events such as ' Earth/Arbor Day and
Community Day; to purchase equipment for the permanent household hazardous waste
collection facility; and to contract with an environmental education outreach organization to
conduct presentations and maintain regular communication with the six (6) certified used oil
collection centers in Poway.
The Public Works Department mailed a Request for Proposal (RFP) to three environmental
education and community outreach organizations in San Diego County. The scope of work
includes providing public outreach at special events, certified used oil collection center visits
and evaluations, used oil recycling presentations to schools and service groups, and complying
with all applicable terms of the Used Oil Block Grant Agreement between the City of Poway and
the California lntegrated Waste Management Board.
FINDINGS
Three proposals were received from I Love a Clean San Diego (ILACSD), Pacific Gateway
Group, and Solana Center for Environmental Innovation. All firms are qualified to perform the
environmental education services. I Love a Clean San Diego submitted the proposal most
beneficial to the City in terms of program implementation and cost.
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Award of Environmental Services Contract
July 5, 2005
Page 2
ILACSD is a diversified environmental education organization that operates throughout San
Diego County and offers a broad range of expertise in public education and outreach, event
coordination, and community involvement. ILACSD works to promote countywide awareness
of environmental issues including resource conservation, waste reduction and recycling,
community enhancement and pollution prevention.
I Love A Clean San Diego is one of the consultants implementing the public education
component of the regional Household Hazardous Waste Grant awarded bythe CIWMB to San
Diego Countyjurisdictions, including Poway.
The length of the contract is one (1) year, with the option to extend for two (2) additional one-
year periods.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACT
Sufficient funds are available in Account 1000P-1260C-4120 to award this service contract.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was mailed to Derek Turbide, Executive Director, I Love A Clean San
Diego.
RECOMMENDATION
It is recommended that the City Council award the environmental education services contract
to I Love Clean San Diego in the amount of $10,000.00 for the contract year July 5, 2005
through July 5, 2006; and authorize the City Manager to execute the necessary documents.
Attachments (1): Standard Agreement for Consultant Services
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STANDARD AGREEMENT FOR CONSULTANT SERV/CES
This Agreement, entered into this 5th day of July 2005, by and between the CITY
OF POWAY (hereinafter referred to as "City") and I Love A Clean San Diego
(hereinafter referred to as "ConsultanY').
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perForm
Environmental Education Services; and
WHEREAS, Consultant is a(n) environmental education organization and has
represented that Consultant possesses the necessary qualifications to provide such
services; and
WHEREAS, City has authorized the preparation of an agreement to retain the
services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY
RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A"
entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Aqreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
4. Termination.
City may terminate this Agreement with or without cause. Termination without
cause shall be effective only upon 60-day written notice to Consultant. During said 60-
day period Consultant shall perform all consulting services in accordance with this
Agreement. This Agreement may be terminated by City for cause in the event of a
material breach of this Agreement, misrepresentation by Consultant in connection with
the formation of this Agreement or the performance of services, or the failure to perform
services as directed by City. Termination for cause shall be effected by delivery of
written notice of termination to Consultant. Such termination shall be effective upon
delive of said notice.
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�TTIIQI'�iT 1
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to
enable Consultant to effectively perform the services. Consultant shall treat all such
information as confidential, whether or not so identified, and shall not disclose any part
thereof without the prior written consent of the City. Consultant shall limit the use and
circulation of such information, even within its own organization, to the extent necessary
to perform the services. The foregoing obligation of this Paragraph 5, however, shall
not apply to any part of the information that (i) has been disclosed in publicly available
sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in
publicly available sources of information; (iii) is now in the possession of Consultant
without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure
thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the
prior written consent of the City. In its performance hereunder, Consultant shall comply
with all legal obligations it may now or hereafter have respecting the information or other
property of any other person, firm or corporation.
6. Office Space and Clericai Supaort.
Consultant shall provide its own office space and clerical support at its sole cost
and expense.
7. Covenant Aqainst Continqent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this
Agreement, that it 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 the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement
without liability, or, at its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
8. Ownershia of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City
and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obliqations.
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During the term of this Agreement Consultant shall not act as consultant or
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of Poway. Consultant shall at all times comply with the terms of
the Political Reform Act and the local conflict of interest ordinance. Consultant shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the City in which the Consultant has a financial interest as
defined in Government Code Section 87103. Consultant represents that it has no
knowledge of any financial interests that would require it to disqualify itself from any
matter on which it might perform services for the City.
Consultant shall comply with all of the reporting requirements of the Political
Reform Act and local ordinance. Specifically, Consultant shall file Statements of
Economic Interest with the City Clerk of the City of Poway in a timely manner on forms
that Consultant shall obtain from the City Clerk.
10. No Assiqnments.
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which City, in its sole discretion,
consents to in advance thereof in writing. Any assignment or subcontracting in violation
of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the contract period
and for three (3) years from the date of final payment under this Agreement, for
inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of the City of Poway or City. City
shall have the right to control Consultant only insofar as the results of ConsultanYs
services rendered pursuant to this Agreement; however, City shall not have the right to
control the means by which Consultant accomplishes such services.
13. Licenses. Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its
profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect at all times during the term of this Agreement, any
license, permit, or approval which is legally required for Consultant to practice its
profession.
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14. ConsultanYs Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Liabilitv.
Notwithstanding any other provision contained in this Agreement, Consultant
shall be responsible for all injuries to persons and for all damage to real or personal
property of City or others, caused by or resulting from the wrongful act or negligent acts,
errors, or omissions of itself, its employees, or its agents during the progress of, or in
connection with, the rendition of services hereunder. Consultant shall hold harmless
and indemnify City, and all officers and employees of City and City from all costs and
claims for damages to real or personal property, or personal injury to any third party,
including reasonable attorney fees resulting from the negligent performance of
Consultant, its employees, or its agents, under this Agreement.
16. Consultant Not an Aqent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
17. Personnel.
Consultant shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for
assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
ConsultanYs personnel shall at all times comply with City's drug and alcohol
policies then in effect.
18. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
19. Arbitration.
In the event of a dispute between City and Consultant concerning the terms of
this Agreement or its performance, the parties agree to submit such dispute to
arbitration before the American Arbitration Association or other mutually acceptable
arbitrator. In the event that the subject of such arbitration is compensation claimed by
Consultant in the event of termination, ConsultanYs damages shall be limited to
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arbitrator. In the event that the subject of such arbitration is compensation claimed by
Consultant in the event of termination, ConsultanYs damages shall be limited to
compensation for the 60-day period for which Consultant would have been entitled to
receive compensation if terminated without cause. In the event of arbitration, each
party shall bear its own attorneys' fees and costs incurred.
20. Gender.
Whether referred to in the masculine, feminine, or as "it," "ConsultanY' shall mean
the individual or corporate consultant and any and all employees of consultant providing
services hereunder.
21. Entire AQreement.
This Agreement shall constitute the entire understanding between Consultant
and City relating to the terms and conditions of the services to be performed by
Consultant.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the date first above written.
Dated: CITY OF POWAY
By:
James L. Bowersox, City Manager
Dated: CONSULTANT
By:
Its:
8 of 12 _5_ July 5, 2005, Item #�_
EXHIBIT "A"
"SPECIAL PROV/S/ONS"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City. Consultant
shall provide the necessary qualified personnel to perform the services. In performance
of the services Consultant shall:
1. Used Oil Collection Center Site Visits, including: quarterly site visits and
evaluation; conduct signage as needed by the centers; conduct data collection of oil
collected and demographics of DIYs; compile used oil collection data and prepare
CIWMB Site Visit Checklist Form (CIWMB #664); verify Used Oil Collection Centers
have completed and reported Used Oil Log Sheet (CIWMB #201); provide used oil
signage as needed by the centers; and serve as liaison for the City of Poway and the
CIWMB.
2. Used Oil Center Communication: I Love a Clean San Diego (ILACSD) will
maintain regular communication with the centers via bi-monthly phone calls and written
information in the form of a "mini" newsletter. The piece would be 8'/z x 11 (double-
sided) and mailed to the centers quarterly.
3. Center Site Evaluation: Conduct a geographic analysis of certified centers
to determine if the current number of centers are geographically convenient for
residents or if additional centers will be needed in future grant cycles.
4. Database: ILACSD will monitor the 1800cleanup database to ensure that
all centers are listed and updated that information on used oil recycling, HHW recycling
and storm water issues are regularly updated and accurate.
5. Promotional Items: ILACSD will help facilitate the purchase of promotional
items, such as used oil collection container, funnels, rags, beanies, "recycled" pencils,
mugs, and/or key chains. Quantities and quotes will be submitted to the City of Poway
prior to ordering items under the Block Grant.
6. Public Education (Schools and Adult Civic Groups) Presentations:
I�ACSD will conduct a minimum of 12 school presentations and 4 adult presentations to
the community and report to the City on a monthly basis the date, location, and number
of attendance. The Pollution Prevention presentation emphasizes the importance of
recycling used oil and proper handling of other household hazardous waste by utilizing
the "Enviroscape", a table top display of the environment with roads, grasslands, trucks,
houses, and animals.
7. Optional Public Outreach: Upon approval, provide additional public
outreach through demonstration events showcasing environmentally friendly equipment
and household items (i.e. composting bins).
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B. Compensation and Reimbursement.
City shall pay Consultant a fee as follows: Not to exceed $10,000 (ten thousand
dollars).
ConsultanYs fee shall include and Consultant shall be responsible for the
payment of all federal, state, and local taxes of any kind which are attributable to the
compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all
reasonable expenses, including lodging, telephone, and travel (air, auto, rail)
necessarily incurred in performance of the services. Consultant shall bill City for such
expenses as incurred, referencing this Agreement. All expenses shall be itemized and
supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00).
Statements for reimbursement of expenses shall be paid within ten (10) days of
approval by City. All air travel shall be billed at coach or special fare rates. Only
lodging outside San Diego County shall be reimbursable. Consultant shall receive prior
authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time
incurred.
C. Term of Aqreement.
This Agreement shall be effective for a one (1) year period commencing July 5,
2005 and ending July 5, 2006, unless sooner terminated by City as provided in the
section of this Agreement entitled "Termination." This contract may be extended
annually with the mutual agreement of both parties for two (2) additional, one (1) year
periods. Upon expiration or termination of this Agreement, Consultant shall return to
City any and all equipment, documents or materials and all copies made thereof which
Consultant received from City or produced for City for the purposes of this Agreement.
D. ConsultanYs Insurance.
1. Coveraqes:
Consultant shall obtain and maintain during the life of this Agreement all of the
following insurance coverages:
(a). Comprehensive General Liabilitv, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with
the following coverages:
General Liability $ 500,000 per person per occurrence/
$1,000,000 aggregate per occurrence
$500,000 property damage per occurrence
(b) Automobile Liabilitv, including owned, hired, and non-owned vehicles with
the following insurance coverages:
Auto Liability $ 500,000 per person per occurrence/
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$ 100,000 property damage per occurrence
(c) Consultant shall obtain and maintain, during the life of the Agreement, a
policy of Professional Errors and Omissions Liabilitv Insurance with policy limits of not
less than $1,000,000.00 combined single limits, per claim and annual aggregate.
(d) Workers' Comaensation insurance in statutory amount. All of the
endorsements which are required above shall be obtained for the policy of Workers'
Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three
provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions
Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers, agents, and
employees are additional insureds with respect to this subject project and contract with
City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after
written notice is given to City."
(c) Primarv Coveraqe.
"The policy provides primary coverage to City and its elected and appointed
boards, officers, agents, and employees. It is not secondary or in any way subordinate
to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance
coverages described in the paragraphs above, in a form and content approved by City,
prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City of Poway: City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92074
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To Consultant: Derek Turbide, Execute Director
I Love A Clean San Diego
4891 Pacific Highway, Suite 115
San Diego, CA 92110
E-Mail: exdir(o�ilacsd.ora
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