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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. 2 of 12 July 5, 2005, Item #1� 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 3 of 12 July 5, 2005, Item #�_ 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. 4 of 1� July 5, 2005, Item #�� �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. 5 of 12 _Z July 5, 2005, Item #�� 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. 6 of 12 -3- July 5, 2005, item #�� 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 7 of 12 -4- July 5, 2005, item #�� 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). 9 of 12 _6_ July 5, 2005, Item #�L 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/ 10 of 12 $1,000,000 aggregate per occyu�y�e2005, Item #�� -7- $ 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 11 of 12 July 5, 2005, item #�,L -8- 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 12 of 12 July 5, 2005, Item #_� -9-