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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 ✔ ✔ ✔ ✔ ✔09/01/2020 06/31/2021 ✔ Monika Radeva 10/22/2020 1 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 2 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 3 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 A-1 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 A-2 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. B-2 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 C-1 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 C-2