2020-21 EcoHero Show, Inc - Recycling Education at LQ schoolsMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including 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 Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ 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.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
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: ______________________________ Date: _______________
___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: 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)
10/22/2020
Jon McMillen, City Manager
Reyna Camarena
Agreement for Contract Services - The EcoHero Show, LLC
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✔09/01/2020 06/31/2021
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Monika Radeva 10/22/2020
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CITY OF LA QUINTA
SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of September,
2020, (“Effective Date”) by and between the City of La Quinta, a Municipal Corporation and
Charter City organized under the Constitution and laws of the State of California with its
principal place of business at 78-495 Calle Tampico, La Quinta, CA (“City”) and The EcoHero
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 September 1, 2020 to June 31, 2021,
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 Three Thousand Four Hundred Dollars and Zero Cents
($3,400.00) per fiscal year (September 1 to June 31) 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
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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.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:
$1,000,000 combined single limit for bodily injury and property damage.
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
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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 THE ECOHERO SHOW LLC
a California Municipal Corporation,
and Charter City
GILBERT VILLALPANDO BRETT EDWARDS
Assistant to City Manager Founder/Owner/CEO
ATTEST:
______________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
______________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
October 22, 2020
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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, Vendor shall comply with any
Federal, State, and local laws, regulations,
orders, and guidelines relating to the work
provided by the Vendor during the COVID-19
state of emergency declared by the Governor of
California and City of La Quinta. Such Federal,
State, and local laws, regulations, orders, and
guidelines include but are not limited to:
Executive Orders from the Governor of
California and orders and guidance issued from
the California Department of Public Health
(DPH); Orders from the Riverside County Public
Health Officer; and Emergency Resolutions and
Executive Orders from the City Council and City
Manager, respectively, for the City of La Quinta.
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 7 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 7 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 6 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.
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
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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 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: Contractor agrees to:
Perform educational environmental live-stream assembly “The EcoHero Show” at a
maximum of (4) schools in La Quinta.
Schedule performances with all schools by phone or email and provide written
confirmation to the schools and the City of La Quinta.
COMPENSATION
Consideration for the services to be performed by Contractor, Client agrees to pay
Contractor:
($850.00) per school for a maximum of (4) elementary schools in La Quinta.
Invoice: Contractor shall submit invoices for all services rendered.
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Scope of Work:
City of La Quinta
Summary:
La Quinta is considering hiring The EcoHero Show to promote anti-littering
and bottle/can messaging in elementary schools, funded by CalRecycle
Beverage Container Funds.
About The EcoHero Show:
We believe monumental change begins with youth and combined our
passions for hip-hop and sustainability to create The EcoHero Show. Since
2015, Mr. Eco and his EcoHero sidekicks have performed for schools
around the globe, with the philosophy that every kid can change the world!
The shows are essentially a concert that introduce students to
sustainability issues and how they can get involved. Performers teach
dances or call & responses to each of their music videos. After each song,
various topics are discussed through storytelling to illustrate how students
can have an impact on their ecosystem at home and at school.
Each show is 40 minutes long and ideal for students in K – 6th grades.
Shows were historically performed via in-person assembly but have since
switched to virtual live streaming to continue educating in light of the
pandemic.
Click here to watch our overview video.
Click here to watch our 2019 school year recap.
Experience:
•The EcoHero Show has been hired by 110+ cities/counties in CA,
with the majority using CalRecycle grants.
•We have performed environmental shows programming for 1,200+
schools in five countries reaching 600,000+ students.
•Our YouTube channel has 1,800+ subscribers and 2.5 million views
•The EcoHero Show has adapted their program to suit both in-person
and live-streaming performances. Live Streaming was piloted at 55
schools throughout the spring 2020 semester.
Our Assemblies will Accomplish the Following:
•Reinforce and create a sustainable culture at schools
•Education on CRV recycling
•Education in litter reduction
•Increase overall recycling in the schools
•Promote personal behavior change to adopt at school and home
•Inspire EcoHero leaders for their life
How Our Process Works:
•We handle all of the communications with schools. This includes
promotion, scheduling, logistics management, and data collection.
•We work with you to incorporate messaging unique to your
city/county prior to our first performance.
•A schedule is sent out monthly and city/county staff are welcome to
view the show if they would like.
•We send End-of-Year reports that outline number of schools &
students reached, testimonials, and survey results.
•Students can continue learning through The EcoHero Club and on
our YouTube page. Teachers are also sent classroom curriculum
should they wish to offer additional education on the topics
presented after the show.
How Streaming Shows Work:
It is still unknown how many students will be returning to schools and what
their schedule will look like. Given this will vary depending on district, we
will have to communicate and be flexible with each school to book shows.
If all the students at a school are not available at one time, we will
schedule two streaming shows and make a recording of our show
available to view for two weeks after the performance. We will use Zoom,
Webinarjam, or WebEx to stream the shows depending on what access
the school has and whether their district has any restrictions on the above
platforms.
Follow-up Class Curriculum:
One of our performers, Jordan Anderson, has a teaching credential from
UC Berkeley. He created additional learning activities for students to do in
class following our shows. We cannot guarantee teachers will provide this
lesson, but we will be sharing the materials with them so they have the
option to do so.
Click here to view the lower grade lessons.
Click here to view the upper grade lessons.
Long Term Impact:
It can be challenging to fully track the positive impact our shows are
making on students in the long term. However, social media has allowed
some of that to surface with students now in high school reaching out to
us. Below is one of the comments we received on a YouTube video.
“Not sure if you remember me because it was several years ago, but you
visited my elementary school called Harloe. I’m now a Freshman in high
school. I need to give you a lot of credit for how you changed me. Before I
was your average run of the mill kid crazed about video games. Now I am
part of a student council encouraging community service and aspiring to
become a law enforcement ranger of the national park service. It wasn’t all
you that turned me out to be like this, but you certainly hit the on switch. I
have major respect for your work and hope you can spread this knowledge
to students everywhere!”
The Cook, YouTube User
Student Testimonial:
Click here to watch a 2nd grade “Principal of the Day” from Indio visiting and
thanking City Council members for bringing our show to her school.
Performance Pricing:
•In-person shows are $1,050 per school.
•Live-streaming shows are $850 per school.
This pricing covers all costs related to booking and performing the
assembly at a school, for up to two shows per school. This includes
mileage, travel expenses, webinar hosting fees, business licensing,
insurance, etc. For live streaming shows, we are planning on having two
performers per stream to keep the show as engaging as possible.
Note: For in-person performances, we have a 4-school contract minimum to reduce the
environmental impacts of traveling.
No Risk:
We only charge for the performances after they are fully completed. So if
we are unable to book the amount of schools originally agreed upon, you
can then reallocate those funds to other projects. We provide booking
updates throughout the year so you can plan accordingly.
CalRecycle Approval Process:
CalRecycle wants each city/county to go through the process of getting our
show officially approved from the city/county's Local Jurisdiction
CalRecycle CCPP regional representative.
For a complete a list of CalRecycle reps, please visit:
https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts
Although we have repeatedly been approved by CalRecycle, they do not
give "blanket endorsements" and want each city to go through the process
of submitting our show for approval.
Information to Send to CalRecycle:
An overview of slides for the presentation and an explanation of each slide:
•The EcoHero Show Overview
We perform the songs live with the music video playing behind us.
The music videos are listed in the order they appear in the show:
•Litterbug
•Plastic Surgery
•Bottles Are For Babies
•Recycle Robot
•EcoHero Anthem
Our Contact Information:
•Company: The EcoHero Show
•Phone: 888-482-3885
•Email: ecoheroshow@gmail.com
•Website: http://www.ecoheroshow.com
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EXHIBIT “C”
COMPENSATION FOR SERVICES
Please See Attached
The EcoHero Show LLC
2012 W. Alluvial
Fresno, CA 93711 US
888-482-3885
ecoheroshow@gmail.com
www.mreco.org
Estimate
ADDRESS
City of La Quinta
ESTIMATE #1270
DATE 08/20/2020
ACTIVITY QTY RATE AMOUNT
Performances
The EcoHero Show performance via live-stream for 4 schools
in La Quinta, CA
4 850.00 3,400.00
TOTAL $3,400.00
Accepted By Accepted Date
EXHIBIT “C”
COMPENSATION FOR SERVICES
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