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HomeMy WebLinkAboutMINUTES - 06202006 - C.18 I l� t ` TO: BOARD OF SUPERVISORS, AS GOVERNING �`-= Contra BOARD OF THE FLOOD CONTROL&WATER CONSERVATION DISTRICTCosta FROM: MAURICE M. SHIU, CHIEF ENGINEER T4 COUN County DATE: June 20, 2006 SUBJECT: APPROVE contract with Kids for the Bay, in the,amount of$32,000 for the period July 1, 2006 through June 30, 2007, Countywide. (Cities and County Stormwater Utility Fee Assessment Funds) (All Districts) Project No. 7519 6x7056 I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,or designee,on behalf of the Contra Costa Clean Water Program,to execute a contract with Earth Island Institute/Kids for the Bay in the amount of$32,000 for Watershed Action Program Grantadministration services, for the period July 1, 2006 through June 30,2007,Countywide. (Cities and County Stormwater Utility Fee Assessments)(All Districts)Project No. 7519 6x7056 CONTINUED ON ATTACHMENT: SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT N OF BOA O ITTEE ,APPROVE OTHER r SIGNATURE(S): A,, q I ACTION OF BOA %1"I"e/ KJ� APPROVED A RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON ✓UNANIMOUS(ABSENT A IP �,/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Michelle McCauley(925-313-2194) MC: G:\NPDES\BO_Res_Contracts_Agmt\KFtB\06 07\KftB BO.doc ATTESTEDd ' JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS I BY: DEPUTY I i i SUBJECT: APPROVE contract with Kids for the Bay, in the amount of$32,000 for the period July 1, 2006 through June 30, 2007, Countywide. (Cities and County Stormwater Utility Fee Assessment Funds) (All Districts) Project No. 7519 6x7056 DATE: June 20, 20006 PAGE: 2 of 2 I FISCAL IMPACT: The cost is estimated to be$32,000;and,shall be funded by stormwater utility fee assessments collected by the cities and county proportioned to their respective populations. i REASONS FOR RECOMMENDATION AND BACKGROUND: I i The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System (NPDES)Regulations for municipal stormwater discharges on November 16, 1990 requiring Contra Costa County, nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District to obtain a Joint Municipal NPDES permit from the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits require municipalities to elimiriate all pollutants from entering the municipal storm drain system. The Contra Costa Clean Water Program's(Program)Manageral ent Committee directs the Clean Water Program.The Committee is made up of representatives from each of the nineteen(19) cities, the County, and the Flood Control District and water conservation. An important requirement of the Joint Municipal NPDES permit is to conduct outreach activities to educate the general public on Best Management Practices (BMPs) related to stormwater pollution prevention. The Program has funded Kids for the Bay several years and found it a valuable resource for educating our youth to affect behavioral change to improve our water quality. CONSEQUENCES OF NEGATIVE ACTION: If the consulting services agreement with Earth Island Institute/Kids for the Bay is not approved,municipalities will be restricted in their ability to reach the youth of the county,which has been found to be a very effective tool in affecting behavioral change. I I I I I I i ' CONSULTING SERVICES AGREEMENT i 1. Special Conditions. These Special Conditions are incorporated bielow by reference. (a) Public Agency: Contra Costa County FlooI d Control and Water Conservation District on behalf of the Contra Costa Clean Water Program (b) Consultant's Name&Address: Earth Island Institute/Kidsifor the Bay 1771 Alcatraz Avenue Berkeley, CA 94703 j (c) Project Name, Number, & Location: Watershed Action Progriam Grant Administration Project No. 7519 6x7056 (d) Effective Date: July 1, 2006 (e) Payment Limit(s): $32,000 (f) Completion Date(s): June 30, 2007 2. Signatures. These signatures attest the parties'agreement hereto: I PUBLIC AGENCY CONSULTANT By: Maurice M. Shiuy► A Public Works Director/ By:/1 '�r 11. 1��`lM�a�S2 . � ru C�� aV_-a� Chief Engineer, or Designee (Designate officiaTcapacity in th siness Type of Business- (sole (sole proprietorship, government agency, partnership, corporation, et .) If Corporation, State of Incorporation: B 0By: j /� (Designate official capacity in the business) Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chaipman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer, or assistant treasurer. (Civ.Code,Sec. 1190 and Corps. Code.Sec.313.)The acknowledgment below must be signed by a Notary Public. I , I CERTIFICATE OF ACKNOWLEDGMENT State of California ) / ) ss. County of �i (uwo ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(& fining above for Consul nt,personally known to me(or proved to me on the basis of,satisfactoryevidence)to be the persona whose names) is/ subscribed to th within instrument and acknowledged to me that //"shel#YCY executed the same in t,8 ertu4d - authorized capacity(i ), and that by er it signature,Kon the instrument the persoro- or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ERIC THARPE W { COMM.; 1406984 Dated: NOTARY PUBLIC-CALI --�+' X ALAMEDACOUNTY t Notary Pu is 1 My Comm.Exp.Mit.25,2007 (Notary's Seal) (E 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment,to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service.Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by this reference. 6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub- contracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)exceeds$5,000.When multiple documents or written reports are the subject or products of this agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers' Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of $ 1,000,000 and a maximum deductible of$ 100,000;and, (c)Comprehensive General Liability Insurance, including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$1,000,000 for all damages due to bodily injury,sickness or disease,or death to any person,and damage to property,including the loss of use thereof,arising out of each accident or occurrence, and naming Public Agency, Contra Costa County, City of Antioch, City of Brentwood,City of Clayton,City of Concord,Town of Danville,City of EI Cerrito,City of Hercules,City of Lafayette,City of Martinez,Town of Moraga, City of Oakley,City of Orinda,City of Pinole,City of Pittsburg,City of Pleasant Hill,City of Richmond, City of San Pablo, City of San Ramon, City of Walnut Creek, its/their governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in coverage. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s)specified in Sec. 1(e)without prior written approval of the Public Agency.Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each item of services,the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by this Agreement no later than the Completion Date(s) listed above. 11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents.All materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention'.Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted final billing, and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds.Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"work 16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at anytime by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County, and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 21. Subcontractinq.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency,and where appropriate, indicate his/her registration number. 23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. 1 Not applicable 24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims, costs,suits,liabilities,and expenses for any damage, injury,or death(collectively"Liability")arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys' fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 25. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties. 26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements designed to promote a particular.brand name or commercial product, even if Consultant is not publicly endorsing a product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. Proiect Personne12. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid projects only). Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In addition, in performing services under this Agreement,Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation of such effort. 29. Federal Cost Principles and Procedures (Federal aid projects only). Consultant shall comply with the following provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual items of costs set forth in 48 CFR,Chapter 1, Part 31: (b)the administrative procedures set forth in 49 CFR,Part 18; and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 days of written request from Public Agency. Should Consultant fail to do so, and should the Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such action. Attachments:Appendix A,Appendix B Form approved by County Counsel(11/00) G:\GrpData\NPDES\FORMS\CSA over 25000.doc 2 Not applicable KIDS for the BAY Scope of Work - Appendix "A" Watershed Action Program Watershed Action Program KIDS for the BAY (Consultant)will work with schools to adopt their local watershed, use the watershed as a stimulating educational resource and as a focus for environmental action. To accomplish this goal, Consultant will perform the following tasks: 1. Teacher Training—Teachers Learning Alongside Their Students One of Consultant's Program Directors will meet with participating fourth grade classes for a series of three full days of instruction. Program Directors will model activities for teachers with their students. Teachers will also have planning meetings with their Program Director to develop preparation and follow up activities from the Curriculum Guide. In addition the Program Director will teach lessons that help develop the Watershed Action Project chosen by each class and will provide resources to support the action project. Teachers that complete this hands-on training program with their class will receive a Watershed Action Curriculum Guide and equipment kit. Consultant will follow up with teachers in the year after their training to provide additional support needed as the teachers teach the program to their new classes of students. 2. Program Workshops and Watershed Action Projects The fourth grade curriculum will include three full day workshops at the school site and a full day field trip to a local creek,bay or delta habitat. In addition each class will select a watershed action project, which the students will plan, develop and implement with guidance from their teacher and support and resources from consultant. a. Where Is Our Watershed? Workshop (One full day of lessons for the teacher and his/her students in the classroom) Students and teachers will: 1. learn what a watershed is through hands on activities 2. map their local watershed in relation to their school site 3. learn how local creeks, the bay and the ocean connect to form the San Francisco Bay Estuary watershed 4. create a three-dimensional model of the Bay-Delta Estuary watershed. b. Preventing Stormwater Pollution Workshop (One full day of lessons for the teacher and his/her students in the classroom and in the local school neighborhood). Students and teachers will: 1. learn how the school neighborhood is connected to the storm drain system, to local creeks, the bay and the estuary, using posters, maps and a watershed diorama 2. complete a survey of the local neighborhood storm drain system and an inventory of local sources of stormwater pollution 3. complete a neighborhood/storm drain or creek clean up project 4. learn how to take personal action to reduce stormwater pollution 5. design and display posters to inform the school community how to reduce stormwater pollution 6. interview and educate family members about how to reduce stormwater pollution. c. Watershed Environmental Health And Environmental Justice Workshop (One full day of lessons for the teacher and his/her students in the classroom). Students and teachers will: 1. investigate Bay plant and animal life, study food chains and learn how pollution is magnified through food chains and how it impacts human health 2. understand the importance of preserving a healthy bay-delta watershed for the health of wildlife and people 3. learn about sources of pollution and how they affect watershed health 4. study watershed environmental justice issues and the environmental justice leaders who are working on these issues. d. Field Trip Workshop (One full day of lessons for the teacher and his/her students at a local creek,bay or delta habitat selected by the teacher and students). Students and teachers will: 1. investigate the animal and plant life of a local creek,bay or delta habitat 2. investigate the physical and chemical components of the habitat systems 3. make a positive connection with their local watershed environment and develop reasons to help take care of it. e. Watershed Action Project Students and teachers will select and complete an action project with support and resources from Consultant Directors. Examples include: 1. adopt, clean up and restore local urban creeks by removing trash, planting trees and wildflowers and raising and releasing Pacific Chorus Frogs 2. monitor water quality, assess creek health and share findings with local government officials 3. learn about the storm drain system and teach other students and their families how to reduce nonpoint source pollution to the creek 4. interview local politicians about watershed environmental health and justice issues in their neighborhoods 5. learn safe bay fishing and cooking practices that reduce intake of toxins from bay food, teach other students and their families how to safely prepare and cook bay fish and interview fishing people about safety precautions that reduce health risks. 3. Collaboration With Local Community Watershed Groups Consultant will act as a liaison between partner schools and local creeks groups to identify and help develop restoration projects which students and family members can participate in. 4. Multicultural Leadership Consultant represents that its staff members are from diverse ethnic and cultural backgrounds including people of African American, Indian, Latino, Filipino and Caucasian descent. Consultant further represents that three staff members are Spanish bilingual. Consultant provides training and promotion within our organization to develop our multicultural leaders in environmental education. As people of color teaching environmental education in diverse, urban schools, Consultant's Directors are role models in the community. 5. Evaluation Process Consultant staff will generate information for evaluations using the following tools: a. Teacher evaluation meetings and written evaluation forms b. Meetings with principals c. Comments from parents attending events d. Portfolios of students' work e. Implementation of action projects demonstrating students' understanding of concepts and skills learned and behavior changes. KIDS for the BAY School Watershed Action Program Budget Appendix `B" 2006 — 2007 School Year Personnel Expenses Personnel expenses shall not exceed a total or$52,800. $52,800 Non-personnel Expenses Admin Fee $ 5,818 Office Supplies and Education Materials $ 3,200 Travel/Mileage @ 44.5¢/mi. $ 1,200 Copying& Mailing $ 982 Sub-Total Non-Personnel Expenses $11,200 Without written approval from Program staff the total budget shall not exceed $64,000 Budget Narrative Payment by Program to consultant is contingent upon consultant securing dollar for dollar matching funds from Program municipalities that participate in the Watershed Action Program. After consultant has demonstrated it has obtained sufficient matching funds from participating municipalities, Program will pay semi-annual invoices in January and July, for a cost not to exceed $32,000.