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HomeMy WebLinkAbout2026-27 EcoHero Show LLC - Recycling Education at LQ schoolsMEMORANDUM DATE: July 21, 2026 TO: Gilbert Villalpando, Director FROM: Reyna Camarena, Administrative Technician Cv �Cv CALIFORNIA - RE: The EcoHero Show LLC - Environmental Presentations for local schools Please list the Contracting Party/ Vendor Name, any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ❑ Approved by City Council on ❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. ❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. ❑✓ Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must anal ❑ Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids 7 Sole Source ❑ Select Source ❑ Cooperative Procurement Requesting department shall check and attach the items below as appropriate. ❑✓ Agreement payment will be charged to Account No.: 221-0000-60127 0 Agreement term: Start Date 7/1 /2026 FVIAmount of Agreement, Amendment, Change Order, etc. End Date $ 5,000 6/30/2027 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Oscar Mojica (in -House) Date: 7/21/2026 ❑ NOTE: Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) t(vQ�r� GEM of the DESERT CITY OF LA QUINTA SHORT -FORM SERVICES AGREEMENT ($25,000 OR LESS) 1. PARTIES AND DATE. This Agreement is made and entered into as of the 1st day of July, 2026, ("Effective Date") by and between the City of La Quinta ("City"), a California Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and The EcoHero Show LLC, a California Limited Liability Corporation, with its principal place of business at 2012 W. Alluvial, Fresno Ca 93711 ("Vendor"). City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A." 3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B." 4. TERM. The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement may not extend beyond a period of five (5) years, unless under the City's Fiscal Policies and Procedures this Agreement is exempt from the five (5) year limitation. 5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation exceed Five Thousand Dollars ($5,000) per fiscal year (July 1 to June 30) without written amendment. 6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City shall ascertain the facts and the extent of delay and extend the time for performing the Services for the period of the forced delay when and if in their judgment such delay is justified, and the City's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for performance of services, which are determined by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing. 7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8. INSURANCE. In accordance with Section 4 of Exhibit 'A" Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers, officials, employees and agents. Commercial General Liability Insurance: ❑ $1,000,000 per occurrence/$2,000,000 aggregate OR ❑ $2,000,000 per occurrence/$4,000,000 aggregate ® Additional Insured Endorsement naming City of La Quinta ® Primary and Non -Contributory Endorsement Automobile Liability: 2 $1,000,000 combined single limit for bodily injury and property damage ❑ Auto Liability Additional Insured Workers' Compensation: ❑ Statutory Limits / Employer's Liability $1,000,000 per accident or disease ❑ Workers' Compensation Endorsement with Waiver of Subrogation Professional Liability (Errors and Omissions): ® Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim 2 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF LA QUINTA a California Municipal Corporation, and Charter City G ILBERT VILLALPANDO DIRECTOR ATTEST: MONIKA RADEVA, Ibity &Ierk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 3 THE ECOHERO SHOW, LLC R 07/17/26 BRETT EDWARDS Founder/Owner/CEO EXHIBIT "A" TERMS AND CONDITIONS 1. Compensation. Vendor shall be paid on a time and materials or lump sum basis, as may be set forth in Exhibit "C", within 30 days of completion of the Work and approval by the City. 2. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor shall assist the City, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. In explanation of the forgoing and not by way of limitation. 3. Standard of Care. The Vendor shall perform the Work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions. 4. Insurance. The Vendor shall take out and maintain, during the performance of all work under this Agreement: A. Commercial General Liability Insurance in the amounts specified in Section 8 of the Agreement for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001), and if no amount is selected in Section 8 of the Agreement, the amounts shall be $1,000,000 per occurrence/$2,000,000 aggregate; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non - owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 6/92) covering automobile liability, Code 1 (any auto); C. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per accident or disease. Vendor shall also submit to City a waiver of subrogation endorsement in favor of city, and D. Professional Liability (Errors and Omissions) coverage, if checked in Section 8 of the Agreement, with a limit not less than $1,000,000 per claim and which shall be endorsed to include contractual liability. Insurance carriers shall be authorized by the Department of Insurance, State of California, to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by the City. A-1 4.1 Pass Through Clause. Vendor agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Vendor, provide the same minimum insurance coverage and endorsements required of Vendor. Vendor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Vendor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to Agency for review. 5. Indemnification. The Vendor shall indemnify and hold harmless the City, its Council, members of the Council, agents and employees of the City, against any and all claims, liabilities, (including liability related to exposure to communicable diseases, illnesses, or viruses), expenses or damages, including responsible attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, or any claim of the Vendor or subcontractor for wages or benefits which arise in connection with the performance of this Agreement, except to the extent caused or resulting from the active negligence or willful misconduct of the City, its Council, members of the Council, agents and employees of the City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to the City and the City's attorneys' fees incurred in such an action. 6. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 7. Termination. The City may terminate the services procured under this Agreement by giving 10 calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to any original field notes, drawings and specifications, written reports and other documents produced or developed for the services. The City shall pay Vendor the reasonable value of services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Vendor may terminate its obligation to provide services under this Agreement upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 8. Agreement Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than the City and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the Agreement. Vendor shall not assign, sublet, or transfer this Agreement or 11 any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. The individuals signing this Agreement represent that they have the authority to sign on behalf of the parties and bind the parties to this Agreement. This is an integrated Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. EXHIBIT "B" SCOPE AND SCHEDULE OF SERVICES SERVICES TO BE PERFORMED BY VENDOR Specific Services: Vendor agrees to: Offer environmental education on the topic of the City's choosing to the following approved locations: • Benjamin Franklin Elementary • Harry S. Truman Elementary • Adams ECLC • Horizon School Schedule performances with all schools by phone or email and provide written confirmation to the schools and the City of La Quinta. AS EXHIBIT "B" �reomero She The EcoHero Show 2012 W. Alluvial Avenue Fresno, CA 93711 rO`glx` eE�'888-482-3885 School Organics Programming City of La Quinta; June 2026 SUMMARY City of La Quinta is considering hiring The EcoHero Show to promote food waste reduction and organics recycling messaging in elementary schools & expanded learning centers throughout the 2026-2027 school year. COMPANY About: We believe monumental change begins with youth. The EcoHero Show combines hip -hop and sustainability to inspire youth to take action for a greener future. Since 2015, Mr. Eco and his team have performed worldwide, empowering students with the belief that every kid can change the world. Through music videos, interactive dances, trivia, and storytelling, we introduce sustainability topics and practical actions students can take to make an impact at school and home. Experience: The EcoHero Show has been trusted by over 160 cities, counties, and organizations like Siemens, SolarCity, MiclAmerican Solar, and Brita. We've delivered environmental programming to 3,000+ schools across seven countries, reaching more than 1.4 million students. Our YouTube channel engages a global audience with 28,000+ subscribers and over 3.6 million views. Additionally, The EcoHero Show has developed various learning modalities, including in -person & livestream presentations, nine children's books, and 60+ eco-songs, to accommodate all types of learners, learning spaces, and environmental topics. We've performed in a range of settings for children of diverse backgrounds. As PROGRAM Goals: Our program will accomplish the following: • Foster a sustainable culture at schools, learning centers, and homes by encouraging students to adopt tangible eco-friendly practices. • Educate on food waste reduction, organics recycling, & healthy soils. • Promote personal behavior changes that students can apply in their daily lives. • Inspire lifelong EcoHero leaders who champion sustainability in their communities and are global citizens. Workflow: Below is the general flow you can expect: • We work with you to identify messaging preferences, budget, and a list of eligible learning spaces in advance of any school outreach. • We conduct outreach via emails and phone calls to school administrators and teachers to identify mutual schedule availability. All schools receive equitable outreach, and spots are filled on a first -come, first -served basis. • A schedule of presentations is shared with sponsoring staff via Google Sheets so you can view updates to budget allocation and upcoming shows in real-time. • After shows are completed, teachers are electronically sent follow-up curriculum and surveys. • At the end of the school year, we email "Impact Reports" that outline the number of schools & students reached, testimonials, and survey results. • Students continue learning through The EcoHero Club, our themed books, on our YouTube page, and via follow-up curriculum if utilized by their teachers. Offerings: Individual Schools Performances We have two presentation styles that serve as both education and outreach tools for schools and expanded learning programs: • Our Whole School Assemblies are 40 minutes long and developed for students in K — 5th grades. These are presented in -person or virtually to the entire student body in a large gathering space. B-1 2 • Our Classroom Presentations are 35-40 minutes long and developed for students in K — 5th grades. These are presented in -person or virtually by streaming directly into individual classes. Scheduling and delivery format is determined in coordination with the school based on their available space, schedule, and fire -code capacity. We can guarantee equitable opportunity, but not equitable distribution amongst schools. Post -Performance Education In order for the key messaging to be reinforced long after our show, we offer the following continued learning tools: • Follow -Up Classroom Curriculum: Our optional learning activities, designed to fit easily into learning schedules, are automatically shared with teachers electronically at no additional cost. Click here to review the post -presentation EcoHero Curriculum. • Themed Rap -Along Books: Our children's book series includes topics around composting and methane reduction. All our books include a video "rap -along" component that kids can follow along while reading. We can send copies directly to teachers, students, libraries, and city buildings. Rates: We reach students using a combination of the methods below, while remaining within the allotted budget you provide. This performance pricing covers all costs related to booking and performing at approved learning centers, as well as the post -show curriculum. Assemblies • In -Person: $1,250 per school; additional $300 for secondary same -day assembly o Includes sponsor liaison, school outreach, logistics coordination, performer, transportation, equipment, post -show survey & curriculum distribution, data tracking, and impact reporting • Live -Streaming: $900 per school o Includes sponsor liaison, school outreach, logistics coordination, performer, conferencing software, post -show survey & curriculum distribution, data tracking, and impact reporting Classroom Presentations • In -Person: $320 per class (3 class minimum per visit) 3 o Includes sponsor liaison, school outreach, logistics coordination, performer, transportation, workshop materials, post -show survey & curriculum distribution, data tracking, and impact reporting • Live -Streaming: $320 per class o Includes sponsor liaison, school outreach, logistics coordination, performer, conferencing software, workshop materials, post -show survey & curriculum distribution, data tracking, and impact reporting Rap -Along Books • Hardcover: $30 each • Softcover: $15 each • Activity Book: $6 each Agreements: We are committed to aligning with your preferred vendor procurement process, whether through a signed estimate or a formal contract. • Minimum: We have a $5,000 contract minimum to ensure bulk density for travel. • Flexibility: We encourage contract language that allows for the inclusion of new, creative educational avenues during the contract period. Any additions will only be made with written sponsor approval and within the original budget. • Supporting Documents: Business license, W9, sole source letter, and certificate of insurance are available upon request. Billing: We require a 20% refundable deposit to begin outreach to cover associated administrative costs. This payment will be applied as a credit on your account to be used towards future presentations (it is not an additional fee). We send invoices the first week of each month for any services completed the prior month. CalRecycle Grants: The CalRecycle SB1383 Local Assistant grant that was historically used for organics outreach and education is ending in November 2026. Other funding sources, such as general funds, will need to be utilized for this specific environmental topic. Therefore, no materials need to be sent to your CalRecycle Rep for approval. B-1 4 EXHIBIT "C COMPENSATION FOR SERVICES See Attached C-1 EXHIBIT "C" ESTIMATE e�coHeroS� The EcoHero Show LLC billing@ecoheroshow.com tC 04 2012 W. Alluvial +1 (888) 482-3885 Fresno, CA 93711 www.ecoheroshow.com f r Bill to City of La Quinta Estimate details Estimate no.: 1966 Estimate date: 06/02/2026 # Service Date Product/Service Description Qty Rate Amount 1. The EcoHero Show Program Organics-themed Performances: 1 $5,000.00 $5,000.00 - Up to 4 In -Person Whole School Assemblies ($1,250 for first show, $300 for second show) - Up to 5 Virtual Whole School Assemblies ($900 per school) - Up to 15 Classroom Presentations ($320 per classroom) - Or a mix of above offerings, not to exceed budgeted amount Organics-themed Reinforcement Tools: - Read -Along Books ($30 per hardcover, $15 per softcover, $6 per activity book) - Or other offerings mutually agreed upon in advance by both parties Total $5,000.00 Note to customer 20% deposit required to initiate services. Accepted date Accepted by