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HomeMy WebLinkAbout12-173 }f S Resolution No. 12-173 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSERVATION FOUNDATION FOR THE MIGHTY ACORNS EDUCATIONAL PROGRAMMING AT THE HAWTHORNE HILL NATURE CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute an agreement with Conservation Foundation on behalf of the City of Elgin for the Mighty Acorns Educational Programming at the Hawthorne Hill Nature Center, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 28, 2012 Adopted: November 28, 2012 Vote: Yeas: 5 Nays: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk ' I. . AGREEMENT THIS AGREEMENT is made and entered into this 9,eday of 1‘.\,4kaet,2019, ,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and the Conservation Foundation, an Illinois not-for-profit corporation (hereinafter referred to as "CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with Mighty Acorns®Programming at the CITY'S Hawthorne Hill Nature Center(hereinafter referred to as the "PROJECT"); and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein, terms and conditions and stipulations: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Sustainability Coordinator of the CITY,herein after referred to as the"DIRECTOR". B. In year one,conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of two classroom and two field sessions with 25-30 students. Services include a one-year renewal option to be exercised at the discretion of the DIRECTOR C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment A. 2. PROGRESS REPORTS A. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto and made a part hereof Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. B. The CONSULTANT will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including,but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided,however,that the CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest,by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT A. For services provided the CONSULTANT shall be paid at the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $6,002 regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subcontractors,the CITY shall pay the CONSULTANT the amount of any invoiced fee of such other firms or contractors; provided, however, that in no event shall any outside services fees be paid to the CONSULTANT which will result in a total payment to CONSULTANT in excess of the aforementioned total fee limit of$6,002.00. C. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in the following schedule,and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Year 1. Mentor(The Conservation Foundation) Hours Rate ($) Total($) Recruit Schools 3 60 180 Orient and train coordinator/site visit 6 60 360 Prep&assist with teacher training 6 60 360 Hire, schedule and train part-time staff 8 60 480 Seasonal consultation 4 60 240 2 0 Total 27 $1,620 Part-time educators (two educators) Hours Rate ($) Total($) Conduct field sessions (2 the first year) & set- up/clean-up 16 21 336 Seasonal training/site visits(first year) 12 21 252 Total 28 $588 Equipment and Supplies Qty. Cost($) Total($) Goggles 20 2 40 Leather gloves 20 6 120 Loppers 4 40 160 Hand saws 6 15 90 Snips 6 8 48 Field or Flash Guides -Set of 10 i.e.-birds,insects, Reptile/amphib, mammals, caterpillars, butterflies, pond life, trees, Wildflowers, mushrooms 10 7 70 Insect nets - 12" diam 15 21 315 3 Kritter Keeper containers S,M &L 1 each 23 69 2-way viewers 2 13 26 Storage containers/tubs Activity supplies/laminating/containers 79 Total $1,017 Option A. Year-two, one classroom Mentor(The Conservation Foundation) Hours Rate ($) Total($) Hire, schedule and train part-time staff 8 60 480 Seasonal consultation 4 60 240 0 Total 12 $720 Part-time educators (two educators) Hours Rate($) Total ($) Conduct field sessions(3/year) &set-up/clean-up 24 21 504 Training/site visits(second year) 12 21 252 3 Total I 36 I I $756 Equipment and Supplies Qty. Cost($) Total($) Goggles 5 2 10 leather gloves 5 6 30 Loppers 2 40 80 Hand saws 2 15 30 Snips 2 8 16 Insect nets - 12" diam 3 21 63 Activity supplies/laminating/containers 79 Total $308 Option B. Includes the costs noted above under Option A. plus the following: Mentor(The Conservation Foundation) for each additional class,second year Hours Rate ($) Total ($) Prep &assist with teacher training 6 60 360 Total 6 $360 Part-time educators(two educators) Hours Rate($) Total($) Conduct field sessions(3/year) & set-up/clean- up 24 21 504 Total 24 $504 Equipment and Supplies Additional equipment(loppers, hand saws) 50 Activity supplies/laminating/containers 79 Total $129 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred.The CONSULTANT shall permit the authorized representative of the CITY 4 to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the amounts set forth under Paragraph 4 above. 7. TERM A. This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and,unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. B. Based upon the success of the services described in Attachment A, Year 1, the DIRECTOR,in the DIRECTOR'S sole discretion,shall either terminate this agreement or exercise an option to extend this agreement one additional year under the terms and conditions provided for in this agreement as a whole;except that such one year extension shall conform to one of the following two options: a. Option A.Conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students. b. Option B. Conduct two complete Mighty Acorns curriculum with two classes of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students in each class. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY in the CITY'S sole discretion,and the CONSULTANT. Regardless of the decision of the DIRECTOR relative 5 to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and,in addition,if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement,with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law,including,but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1,et seq.),as amended,or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all claims,suits,judgments,costs,attorneys fees,damages or other relief,including,but not limited to,workers'compensation claims,in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith,including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director,officer,agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE 6 A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodily injury and/or property damage. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than$1,000,000 per claim.A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the construction,unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color,creed, national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, 7 layoff or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT 8 This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,Illinois. 22. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; 9 F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to the CITY: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: "Ike Ceuseroki 0)1 -20Act64-i l n - Li LI IBCA I4o1I5 K-d lqafQ vv. e, tI—_ (9 0510 to 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT shall comply with all applicable federal, state,city and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT's employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OFEL�/': By: f�/4#4 ie ff 'can Stegall, City Ma ger Attest: eu,,a),(4,t,( 1)“,.6. City Clerk CONSULrT,ANT: r lt Name/Print: "B(00(c McbovtalA Title: Piec& c CCD f:\legal dept\agreement\consultant agreement-form-current 7-7-11.doc 11 ATTACHMENT A SCOPE OF SERVICES Provision of Mighty Acorns Educational Programming at Hawthorne Hill Nature Year 1. Services to be provided: Conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of two classroom and two field sessions with 25-30 students. Tasks include: • Recruiting a Elgin-based elementary school and classroom • Training the Hawthorne Hill staff on the Mighty Acorns®program • Hiring and training two educators from Elgin area preferably of college age • Acquainting all staff with the Hawthorne Hill site and its restoration plans • Purchasing equipment and supplies for the students to use • Carrying out two classroom and two field sessions meeting Levels I-III of the Mighty Acorns Activities Correlated to the 1997 Illinois Learning Standards • Sessions shall occur in the winter and spring of 2013. Timeline: Winter/spring of 2013 Option A. Year 2 (one classroom) Services to be provided: Conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students. Tasks include: • Recruiting a Elgin-based elementary school and classroom • Training the Hawthorne Hill staff on the Mighty Acorns®program • Hiring and training two educators from Elgin area preferably of college age • Acquainting all staff with the Hawthorne Hill site and its restoration plans • Purchasing equipment and supplies for the students to use • Carrying out two classroom and two field sessions meeting Levels I-III of the Mighty Acorns Activities Correlated to the 1997 Illinois Learning Standards • Sessions shall occur in the fall of 2013 and winter and spring of 2014 Timeline: Fall, winter and spring 2013/14 Option B. Year 2 (two classrooms) Services to be provided: Conduct two complete Mighty Acorns curriculum with two classes of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students in each class. Tasks include: • Recruiting two different Elgin-based elementary school and classroom • Training the Hawthorne Hill staff on the Mighty Acorns®program • Hiring and training two educators from Elgin area,preferably of college age • Acquainting all staff with the Hawthorne Hill site and its restoration plans • Purchasing equipment and supplies for the students to use • Carrying out two classroom and two field sessions meeting Levels I-III of the Mighty Acorns Activities Correlated to the 1997 Illinois Learning Standards • Sessions shall occur in the fall of 2013 and winter and spring of 2014 Timeline: Fall, winter and spring 2013/14 13 ATTACHMENT B PROJECT SCHEDULE Year 1. Timeline: Winter/Spring of 2013 Option A.Year 2 (one classroom) Timeline: Fall,Winter and Spring 2013/14 Option B. Year 2 (two classrooms) Timeline: Fall, Winter and Spring 2013/14 art. rbk ELGIN THE CITY IN THE SUBURBS" AGENDA ITEM: C MEETING DATE: October 10, 2012 ITEM: Agreement with the Conservation Foundation to Provide Educational Services at the Haw- thorne Hill Nature Center ($9,530) OBJECTIVE: Provide environmental education to elementary school age children using Hawthorne Hill Na- ture Center. RECOMMENDATION: Approve agreement with Conservation Foundation for two years of Mighty Acorns Program- ming at the Hawthorne Hill Nature Center. BACKGROUND The city's first Sustainability Action Plan (adopted in August 2011) includes a "Healthy Living and Community Education" component that advocates showcasing educational venues, creat- ing new educational resources and identifying viewable working examples of sustainable prac- tices. The Conservation Foundation's "Mighty Acorns" programming furthers this goal while taking advantage of the Hawthorne Hill Nature Center. The Hawthorne Hill Nature Center is a former Girl Scout camp that was purchased by the city in 1977 with a grant from U.S. Department of Interior. The nature center totals 65 acres with ponds, walking trails, an outdoor classroom, bird watching area, exhibit room, meeting room, kitchen, reception area and office. A part-time naturalist and volunteers provide operational support. Current Hawthorne Hill Nature Center programming includes "Lunch with Miss Spi- der," "Teen Aquatic Camp," "Wee Nature Camp," "Rock Soup," "Natural Buddies" and the "Cre- ative Art Camp." Business and community leaders established the Conservation Foundation in 1972 as a not-for- profit land and watershed protection organization. The Conservation Foundation is headquar- tered in Naperville and provides services to communities related to land preservation, water- shed protection, education and sustainable development. The foundation most recently com- pleted the city's "Ferson and Otter Creek Watershed Plan." The "Mighty Acorns" is a stewardship-based environmental education program for fourth, fifth and sixth grade students. Its educational programs focus on the native prairie, woodland and wetland ecosystems in the Chicago region and include education, stewardship and exploration components. Students participating in the Mighty Acorns curriculum: ▪ Adopt a natural area in their community and visit it fall, winter and spring; ▪ Engage in restoring a native habitat; and • Study ecology through hands-on activities, and exploring their natural surroundings. OPERATIONAL ANALYSIS At its September meeting, the Sustainability Commission reviewed a proposal from the Conser- vation Foundation to provide Mighty Acorns programming at the Hawthorne Hill Nature Center. The programming offers local elementary school students the chance to adopt a portion of Hawthorne Hill as their natural area to restore. Staff is recommending a one-year agreement with the Conservation Foundation to provide one Mighty Acorns program with the option to extend the contract an additional year should the program prove successful. April Anderson, the Hawthorne Hill Nature Center's part-time naturalist, will be the program leader. The Conservation Foundation will serve as a mentor and consultant to Ms. Anderson and assist in hiring and providing part-time staff, orienting and training staff and teachers and overseeing the program. (Ms. Anderson is a Sustainability Commission member and recused herself from the commission's deliberations and voting on this program.) With the goal of pilot- ing the program for Winter and Spring in 2013, the Conservation Foundation will hire staff, and in cooperation with the Hawthorne Hill coordinator, train and familiarize the educational staff and teachers with the site during the Fall and Winter of 2012 and 2013. Mighty Acorns will start with one class in 2012 and 2013 with the goal of expanding with additional classes in the Fall of 2013. INTERESTED PERSONS CONTACTED The city of Sustainability Commission and the Conservation Foundation were consulted in de- veloping this proposal. Teachers from Hillcrest Elementary School have also been contacted and indicate interest in participating in the Mighty Acorns program. FINANCIAL ANALYSIS rik The cost of the two-year agreement with Conservation Foundation to provide Mighty Acorns programming at the Hawthorne Hill Nature Center is $9,523. A breakdown of the program costs is presented below: Conservation Foundation Contracted 2012 2013 Cost (two classes) Staffing $2,208 $2,340 Equipment and Supplies $1,017 $437 City of Elgin Costs Staffing $1,175 $1,425 Transportation $370 + $551 Totals $4,770 $4,753 Year 1 plus Year 2 w/two classrooms $9,523 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT r BUDGETED AVAILABLE Riverboat 275-0000-791.30-99 039727 $26,090 $25,743 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to pursue Mighty Acorns programming at the Hawthorne Hill Nature Center or to adjust this proposal in any acceptable manner. NEXT STEPS 1. Seek Elgin elementary school participants. 2. Prepare for Mighty Acorns programming. r A) Originators: Aaron Cosentino, Management Analyst Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Conservation Foundation Contract A) AGREEMENT THIS AGREEMENT is made and entered into this day of ,201 ,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and Conservation Foundation (hereinafter referred to as "CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with Mighty Acorns® Programming at the Hawthorne Hill Nature Center (hereinafter referred to as the"PROJECT"); and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES rk A. All work hereunder shall be performed under the direction of the Sustainability Coordinator of the CITY, herein after referred to as the "DIRECTOR". B. In year one, conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of two classroom and two field sessions with 25-30 students. Services include a one-year renewal option to be exercised at the discretion of the DIRECTOR C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein. B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The CONSULTANT will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. r 411) 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including,but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided,however,that the CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest,by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT (Not to Exceed Method) A. For services provided the CONSULTANT shall be paid at the rate of one times the direct hourly rate of personnel employed on this PROJECT,with the total fee not to exceed$6,002 regardless of the actual costs incurred by the CONSULTANT unless 441) substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subcontractors, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT, plus zero. C. Omitted D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in the following schedule,and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Year 1. Mentor(The Conservation Foundation) Hours Rate ($) Total ($) Recruit Schools 3 60 180 Orient and train coordinator/site visit 6 60 360 Prep & assist with teacher training 6 60 360 Hire, schedule and train part-time staff 8 60 480 "1111) - 2 - filk Seasonal consultation 4 60 240 0 Total 27 $1,620 Part-time educators (two educators) Hours Rate ($) Total ($) Conduct field sessions (2 the first year) & set- up/clean-up 16 21 336 Seasonal training/site visits (first year) 12 21 252 Total 28 $588 Equipment and Supplies Qty. Cost($) Total ($) Goggles 20 2 40 Leather gloves 20 6 120 Loppers 4 40 160 Hand saws 6 15 90 Snips 6 8 48 Field or Flash Guides -Set of 10 i.e.- birds,insects, Reptile/amphib, mammals, caterpillars, butterflies, pond life,trees, Wildflowers, mushrooms 10 7 70 insect nets - 12" diam 15 21 315 3 Kritter Keeper containers S, M & L 1 each 23 69 2-way viewers 2 13 26 Storage containers/tubs Activity supplies/laminating/containers 79 Total $1,017 Option A. Year-two, one classroom Mentor(The Conservation Foundation) Hours Rate ($) Total ($) Hire, schedule and train part-time staff 8 60 480 Seasonal consultation 4 60 240 0 Total 12 $720 Part-time educators (two educators) Hours Rate ($) Total ($) Conduct field sessions (3/year) & set-up/clean-up 24 21 504 r - 3 - 4m1)Training/site visits (second year) 12 21 252 Total 36 $756 Equipment and Supplies Qty. Cost($) Total ($) Goggles 5 2 10 leather gloves 5 6 30 Loppers 2 40 80 Hand saws 2 15 30 Snips 2 8 16 Insect nets - 12" diam 3 21 63 Activity supplies/laminating/containers 79 Total $308 Option B. Includes the costs noted above under Option A. plus the following: Mentor(The Conservation Foundation) for each additional class, second year Hours Rate ($) Total ($) 4111) Prep & assist with teacher training 6 60 360 Total 6 $360 Part-time educators (two educators) Hours Rate ($) Total ($) Conduct field sessions (3/year) & set-up/clean- up 24 21 504 Total 24 $504 Equipment and Supplies Additional equipment (loppers, hand saws) _ 50 Activity supplies/laminating/containers 79 Total $129 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests. - 4 - • B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred.The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM A. This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. B. Based upon the success of the services described in Attachment A, Year 1, the DIRECTOR shall make a determination to exercise none or one of the two, one-year extension options listed below: a. Option A. Conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students. b. Option B. Conduct two complete Mighty Acorns curriculum with two classes of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students in each class. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the - 5 - CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1,et seq.),as amended,or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred.The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees,agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,including,but not limited to,workers'compensation claims,in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE - 6 - A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodily injury and/or property damage. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than$1,000,000 per claim.A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical - 7 - 411)handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 1 - 8 - 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; C - 9 - 41,D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR4111) and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to the CITY: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: 4111) - 10 - • t 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT shall comply with all applicable federal,state,city and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT's employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the elk* CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELGIN: By: Sean Stegall, City Manager Attest: City Clerk CONSULTANT: r - 11 - J � By: Name/Print: Title: f:\legal dept\agreement\consultant agreement-form-current 7-7-11.doc A, - 12 - ATTACHMENT A SCOPE OF SERVICES Provision of Mighty Acorns Educational Programming at Hawthorne Hill Nature Year 1. Services to be provided: Conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of two classroom and two field sessions with 25-30 students. Tasks include: • Recruiting a Elgin-based elementary school and classroom • Training the Hawthorne Hill staff on the Mighty Acorns®program • Hiring and training two educators from Elgin area preferably of college age • Acquainting all staff with the Hawthorne Hill site and its restoration plans • Purchasing equipment and supplies for the students to use • Carrying out two classroom and two field sessions meeting Levels I-III of the Mighty Acorns Activities Correlated to the 1997 Illinois Learning Standards • Sessions shall occur in the winter and spring of 2013. Timeline: Winter/spring of 2013 Option A. Year 2 (one classroom) Services to be provided: Conduct one complete Mighty Acorns curriculum with one class of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students. Tasks include: • Recruiting a Elgin-based elementary school and classroom • Training the Hawthorne Hill staff on the Mighty Acorns®program • Hiring and training two educators from Elgin area preferably of college age • Acquainting all staff with the Hawthorne Hill site and its restoration plans • Purchasing equipment and supplies for the students to use • Carrying out two classroom and two field sessions meeting Levels I-III of the Mighty Acorns Activities Correlated to the 1997 Illinois Learning Standards • Sessions shall occur in the fall of 2013 and winter and spring of 2014 Timeline: Fall, winter and spring 2013/14 Option B. Year 2 (two classrooms) Services to be provided: Conduct two complete Mighty Acorns curriculum with two classes of an Elgin elementary school consisting of three classroom and three field sessions with 25-30 students in each class. Tasks include: • Recruiting two different Elgin-based elementary school and classroom • Training the Hawthorne Hill staff on the Mighty Acorns®program • Hiring and training two educators from Elgin area,preferably of college age • Acquainting all staff with the Hawthorne Hill site and its restoration plans • Purchasing equipment and supplies for the students to use • Carrying out two classroom and two field sessions meeting Levels I-III of the Mighty Acorns Activities Correlated to the 1997 Illinois Learning Standards • Sessions shall occur in the fall of 2013 and winter and spring of 2014 Timeline: Fall, winter and spring 2013/14 - 14 - ATTACHMENT B PROJECT SCHEDULE Year 1. Timeline: Winter/Spring of 2013 Option A. Year 2 (one classroom) Timeline: Fall, Winter and Spring 2013/14 Option B. Year 2 (two classrooms) Timeline: Fall, Winter and Spring 2013/14 r r c. C