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CONTRACT 6020 Service AgreementAgreement No. 6020 California Green Business Network Services Agreement This Agreement is entered into by the California Green Business Network (hereinafter "CAGBN" or "Client"), having an address at 307 Laguna Street, Santa Cruz, CA 95060, and the City of El Segundo (hereinafter "Consultant"), having an address at 350 Main Street, Et Segundo, CA 90245. The period of time covered by this Agreement is from December 10, 2021 to June 30, 2023, unless extended by written agreement. This Agreement is a sub -award under California Air Resources Board Contract with CAGBN. As such, it is subject to the terms and conditions of that contract to the extent they apply to sub-awardees. An excerpt of some of the key requirements are attached as Appendix B. Consultant is required to understand and comply with all applicable flow -down requirements. Scope of Work and Compensation Consultant is to perform the services and be entitled to compensation for such services as described in Appendix A Scope of Work and Appendix B Reporting and Deliverables and any future appendices signed by both parties. See details in Appendices A and B. Relationship of the Parties Applying his/her judgment regarding the work to be performed, Consultant is to choose the means and methods of performing the duties described herein. In so doing, Consultant will act as an independent contractor and not as an agent, partner, joint venturer, or employee of CAGBN. As such, Consultant is not eligible for workers' compensation or any of the benefits paid to employees of CAGBN. No taxes (including income, payroll or social security taxes) of any jurisdiction shall be withheld or paid by CAGBN on behalf of Consultant. Consultant understands that he/she is responsible for paying his/her income taxes and all other taxes required by law. Liability and Indemnification Consultant is solely and exclusively liable to third parties for all expenses incurred by Consultant and for all claims of damages arising out of Consultant's actions. Consultant agrees to hold CAGBN harmless for any claims arising from, connected to, or caused in whole or in part by any negligent act or omission of the Consultant. Confidentiality and Publicity To the extent confidential or proprietary information is revealed to Consultant by the Client or obtained by Consultant on behalf of the Client, Consultant may not use or disclose the information without written approval from the Client. Wherever possible the California Green Business Network and the California Air Resources Board shall be recognized in publicity efforts for their fiscal and in -kind support. The City of El Segundo, once accepted into the California Green Business Network, shall include the CAGBN logo and a statement of membership on the program website, window clings, and other key marketing collateral. Intellectual Property; Work Made For Hire In relation to the performance of this Agreement, Consultant may create certain works for CAGBN, and program partners, all of which will be the property of CAGBN upon creation. To the extent that such works may be copyrighted or copyrightable under the laws of the United States. Consultant will be considered to Agreement No. 6020 have created a Work Made for Hire as defined in 17 U.S.C. Section 101 and CAGBN shall have the sole right to the copyright. Cancellation This agreement may be canceled by either party at any time. Upon cancellation by CAGBN, Consultant is entitled to payment for all services performed prior to cancellation. if canceled by the Contractor, the complete funding amount will be returned. Failure to Perform The contract provides an up -front lump sum payment for 50% of the services to be rendered, or $15,000. Should the Consultant fail to perform all or a portion of the deliverables outlined in Appendix A on the schedule provided, Consultant shall be required to return this initial lump sum fee to Client upon written request. Upon completion of goals, the remaining 50% of funding, an additional $15,000 will be disbursed. Entire Agreement; Waiver; Modification This agreement, including Appendices A, B, and any subsequently added appendices, constitutes the entire agreement between the parties and outlines in full all of the responsibilities each party has to the other. No waiver or modification of its terms shall be valid or binding unless in writing and signed by the parties. The failure of any party to exercise any right or option given to it by this Agreement or to insist upon strict adherence to the terms of this Agreement shall not constitute a waiver of any terms or conditions of this Agreement with respect to any other or subsequent breach. Miscellaneous This Agreement shall be construed in accordance with the laws of California applicable to agreements made in California. Section headings used herein are inserted for convenie 7 only and are not part of this Agreement. Josephine Fleming Sign ture of Authorized Program Official Executive Director (Executive officer, or equivalent) California Green Business Network Name: t 44AA1'r 831-706-7384 Title: C a`41/' AJ11 A 0 Of Organization: Phone number: Agreement No. 6020 Appendix A Scope of Work and Compensation Scope of Work With this funding of up to $30,000, the City of El Segundo will support the certification of 15 or more businesses in the City of El Segundo in collaboration with their program partners. There can be up to 5 of those businesses in Tier 1 Entry -Level and at least 10 businesses in Tier 2 Certified. The Program will launch recruitment efforts by February 1, 2022. The City of El Segundo in collaboration with their program partners agrees to certify this minimum number of new businesses based on their jurisdiction's business population. The City of El Segundo will develop a work plan that must be submitted along with this agreement — funding is dependent on an approved work plan from CAGBN. Half of the payment will be provided initially. The second half is contingent upon meeting the certification goals and providing complete and accurate documentation by the given deadlines. Half of the funds, or $15,000 will be provided upon signature of this sub -contract. If 40% of the terms of this contract are not met by the progress report date of June 30, 2022, the remaining funding amount of an additional $15,000 will not be disbursed and instead will be used for another jurisdiction. Regardless of funding amounts, detailed expenses must be kept to track all costs for staff time, expenses and/or materials using the expense tracking forms. The total costs must add up to the total funding amount provided, or exceed it with matched funding. If all goals are met, additional funding may be available for the second year of the program. This will be done by Subcontract amendment. Task Outnut Rehavinr VhAncee Collaborate with program 1. Certify a minimum of 15 new 1. Businesses get help and make partners to recruit businesses and businesses the first year of verified changes to use assist businesses through the program operation. environmentally preferable Green Business certification 2. Create local environmental products and chemicals, conserve process in the City of El partnerships that break down water and energy, and train all Segundo government silos, making it easier employees on environmental for businesses to gain awareness. (about 40% of our environmental technical measures are behavior change, assistance. and 60% involve technology 3. Log business progress and retrofit) metrics using the CAGBN 2. Government agencies and Database, GreenBizTRACKER. community -based organizations Report outcomes to CAGBN by have increased collaboration. progress report due June 30, 2022 and for final report January 31, 2023- 4. Participate on CAGBN committees. Agreement No. 6020 Local Match Commitment and Reporting Requirements See Appendix B. Agreement No. 6020 Appendix B Reporting and Deliverables The City of El Segundo shall provide one progress reports June 30, 2022 and one final report due January 31, 2023 reporting on the progress of meeting these deliverables on the following schedule: EPA Grant Output Due Date Deliverable 1. Certify 15+ businesses in the City of 1/31/23 15 or more new Green Business El Segundo certifications (up to 10 certified and up to 5 at ent -level) 2. Log business progress and metrics Ongoing Administrator will confirm utilization of using the CAGBN Database GreenBizTracker and provide GreenBizTracker environmental outcomes in update reports. 3. Create a 1-2 page progress report that 6/30/22 1-2 page update report on status of grant includes: implementation overall and on progress a. Status update on working with business certification (give specific with businesses in the City number of certifications thus far). Note: of El Segundo. Show 40%+ of certification target b. Environmental outcomes of complete at this time to receive the working with businesses. second half of the $30,000. c. Obstacles. 4. Create a 2-3 page final report that 1/31/23 2-3 page final report on the success of includes: the grant implementation. a. Results of working with businesses in the City of El Segundo. b. Environmental outcomes of working with businesses. C. Success story d. Recommendations on how to proliferate GB certifications in all parts, and especially DACs, of CA. Reports shall include digital versions of marketing collateral and links to online collateral. These images and links shall be provided electronically to the CAGBN Executive Director, Josephine Fleming at -iolie its �r envia° nrr e al" . in and cc:ed to CAGBN's Funding Administrator Shawn Orgel-Olson at sor elolsor�enirorrnentaln.com. Agreement No. 6020 Cost and Expense Tracking Consultant shall utilize the attached "Expense Documentation", on the following page, to document eligible expenses related to the scope not to exceed the contract amount stated herein ($30,000). Mileage costs will be reimbursed at the current State and IRS approved rates. Expense Documentation Instructions: New Green Business Programs chosen by CAGBN will receive funding for 1.) in establishing a new program, 2) creating partnerships with community -based organizations that will perform outreach to disadvantaged community businesses so that these businesses can become green certified, or 3) supporting businesses in these communities to become certified Green Businesses. As the selected program, Consultant will receive up to S30,000 for expenses related to this scope. Expenses that are eligible may include but are not limited to: w Staff and/or consultant time to assist and track businesses through the program. • Marketing efforts to attract and promote certified green businesses. • Business rebates for purchases required to meet green business standards. • Material expenses for events such as Green Business Academies and/or recruitment events. • Staff time from a community -based organization, such as a chamber of commerce, business incubator or small business assistance program to assist in business recruitment, language assistance and technical assistance. Consultant is also committing to $30,000, or more, in in -kind match expense for the scope noted above. Please list the items or services that were a cost or expense on the form provided, and include receipts Email the completed form and receipts along with the required reports to and " )umgntal in.com or mail them to Accounting; CAGBN, 307 Laguna Street, Santa Cruz, CA. 95066 Consultant must ensure that the funding is used only for eligible expenses in the not -to -exceed amount of $30,000. This will take place after the match documentation is received during the progress report and final report. Consultant shall submit forms for expenses and anything above the $20,000 will be tracked as match contribution.