HomeMy WebLinkAboutCC Resolution 9593 (Kids in Creeks Program)RESOLUTION NO. 9593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE RATIFICATION OF
AN AGREEMENT WITH THE SAN FRANCISCO ESTUARY
INSTITUTE TO COORDINATE THE RIDS IN CREEKS
PROGRAM
WHEREAS, the City of San Rafael, as the lead agency, operates
the Marin County Storm Water Pollution Prevention Program
(MCSTOPPP) under an agreement with the Marin Street Light
Acquisition Joint Powers Authority (MSLAJPA); and
WHEREAS, part of the MCSTOPPP program requires an educational
awareness program for school children regarding storm water
pollution and the methods to prevent such pollution; and
WHEREAS, the San Francisco Estuary Institute has the
experience, the personnel, the training, the expertise and the
willingness to provide an educational awareness program regarding
storm water pollution prevention to the school teachers of Marin
County; and
WHEREAS, the funding for this educational awareness program
shall be provided from the funds paid into the MCSTOPPP program by
the Cities in and the County of Marin.
NOW, THEREFORE, The City Council of The City of San Rafael
does resolve as follows:
The City Council hereby authorizes and ratifies that agreement
between the City of San Rafael and the San Francisco Estuary
Institute dated April 11, 1996, for the training of school teachers
in Marin County regarding storm water pollution prevention, in an
amount not to exceed $31,000.00.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing Resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City held on Monday, the 6th day of May, 1996, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAN M. LEONCINI, City Clerk
"' u R I
61 as
AGREEMENT
This Agreement is made and entered into this 11 day of
April 199 6, by and between the CITY OF SAN RAFAEL
(hereinafter "CITY"), and the San Francisco Estuary Institute
hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the San Francisco Estuary Institute is seeking funds from
the Marin County Stormwater Pollution Prevention Program
(MCSTOPPP) with which to coordinate their award winning Kids in
Creeks training program for teachers in Marin County; and,
WHEREAS, the City of San Rafael is the lead agency for programs
relating to MCSTOPPP
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representa-
tive of the CITY for all purposes under this Agreement. The
Director of MCSTOPPP, Steve Zeiger, is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall
supervise all aspects of the progress and execution of this
Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress
and execution of this Agreement for CONTRACTOR. Kathy Kramer is
hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should
circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason,
the CONTRACTOR shall notify the CITY within ten (10) business days
of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall provide all personnel services,
materials, supplies and related expenses for conducting, and shall
conduct a three-day, 20 -hour training workshop for 35 educators
who teach in Marin County schools, in the manner outlined in
Exhibit "A", attached and incorporated herein.
3. DUTIES OF CITY.
CITY, through its PROJECT MANAGER, shall perform the
duties as follows: a. provide funding for said program as
outlined in Exhibit "A", b. serve as a resource to said program,
c. serve as contract manager, and d. supervise implementation of
program.
4. COMPENSATION.
For the full performance of the services described
herein by CONTRACTOR, CITY shall pay CONTRACTOR a sum not to
exceed $30,569 as designated in Exhibit A.
Payment will be made upon receipt, by PROJECT MANAGER,
of itemized invoices submitted by CONTRACTOR, at the end of each
month. Itemized invoices must include receipts for purchases.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 14 months
commencing on April 29, 1996 and ending on June 30, 1997. Upon
mutual agreement of the parties, and subject to the approval of
the City Manager, the term of this Agreement may be extended for
an additional period.
6. TERMINATION.
A. Discretionary. Either party may terminate this
Agreement without cause upon thirty (30) days written notice
mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement
for cause upon ten (10) days written notice mailed or personally
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delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination notice, to the
reasonable satisfaction of the party giving such notice, within
thirty (30) days of said notice.
C. Effect of Termination. Upon receipt of notice of
termination, neither party shall incur additional obligations
under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and
all CITY documents or materials provided to CONTRACTOR and any and
all of CONTRACTOR's documents and materials prepared for or
relating to the performance of its duties under this Agreement,
shall be delivered to CITY as soon as possible, but not later than
thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The' written documents and materials prepared by the
CONTRACTOR in connection with the performance of its duties under
this Agreement, shall be the sole property of CITY. CITY may use
said property for any purpose, including projects not contemplated
by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available
to CITY, or its agent, for inspection and audit, all documents and
materials maintained by CONTRACTOR in connection with its perfor-
mance of its duties under this Agreement. CONTRACTOR shall fully
cooperate with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or
transfer any interest in this Agreement nor the performance of any
of their respective obligations hereunder, without the prior
written consent of the other party, and any attempt to so assign
this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
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10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance
policy in the minimum amount of one million ($1,000,000) dollars
per occurrence for death, bodily injury, personal injury, or
property damage;
2. An automobile liability (owned, non -owned,
and hired vehicles) insurance policy in the minimum amount of one
million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of
the services required to be performed under this Agreement, a
professional liability insurance policy in the minimum amount of
one million $1,000,000) dollars to cover any claims arising out of
the CONTRACTOR's performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR
by section 11. A., shall also meet the following requirements:
1. The insurance shall be primary with respect
to any insurance or coverage maintained by the CITY and shall not
call upon the CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance,
the insurance policies shall be endorsed for contractual liability
and personal injury;
3. Except for professional liability insurance,
the insurance policies shall be specifically endorsed to include
the CITY, its officers, agents, volunteers, and employees as
additionally named insureds under the policies;
4. CONTRACTOR shall provide to PROJECT MANAGER,
(a) Certificates of Insurance evidencing the insurance coverage
required herein, and (b) specific endorsements naming the CITY,
its officers, agents and employees, as additional insureds under
the policies;
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5. The insurance policies shall provide that the
insurance carrier shall not cancel, terminate or otherwise modify
the terms and conditions of said insurance policies except upon
thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made
Form, then, following termination of this Agreement, said
insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a
retroactive date of placement coinciding with the effective date
of this Agreement;
8. The insurance shall be approved as to form
and sufficiency by PROJECT MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall
maintain worker's compensation and employer's liability insurance,
as required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and
employees.
D. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved
by the PROJECT MANAGER and the City Attorney. At CITY's option,
the deductibles or self-insured retentions with respect to CITY
shall be reduced or eliminated to CITY's satisfaction, or
CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and
defense expenses.
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold
harmless CITY, its officers, volunteers, and employees, against
any claim, demand, suit, judgement, loss, liability or expense of
any kind, including attorney's fees, arising out of or resulting
in any way, in whole or in part, from any acts or omissions,
intentional or negligent, of CONTRACTOR or CONTRACTOR's officers,
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agents and employees in the performance of their duties and
obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against
any person on the basis of age, sex, race, color, religion,
ancestry, national origin or disability in connection with or
related to the performance of its duties and obligations under
this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable
federal, state and local laws, ordinances, codes and regulations,
in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this
Agreement in accordance with these laws, ordinances, codes and
regulations. CONTRACTOR shall release, defend, indemnify and hold
harmless CITY,' its officers, agents, volunteers and employees from
any and all damages, liabilities, penalties, fines and all other
consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of
this Agreement, to create in any third party, any benefit or right
owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or
permitted to be given under this Agreement, including any notice
of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service,
postage prepaid, addressed to the parties intended to be notified.
Notice shall be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States
A
Postal Service. Notice shall be given as follows:
TO CITY: Steve Zeiger
Project Manager
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 944915-1560
TO CONTRACTOR: Kathy Kramer
Project Director
SFEI
180 Richmond Field Station
1325 South 46th Street
Richmond, CA 94804
16. INDEPENDENT CONTRACTOR.
For" the purposes, and for the duration, of this
Agreement, CONTRACTOR, its officers, agents and employees shall
act in the capacity of an Independent Contractor, and not as
employees of the CITY. CONTRACTOR and CITY expressly intend and
agree that the status of CONTRACTOR, its officers, agents and
employees be that of an Independent Contractor and not that of an
employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all
exhibits attached, and all documents expressly incorporated by
reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all
prior agreements, oral or written, regarding the subject matter
between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written
or oral, relating to the subject matter of this Agreement, shall
be valid or binding, except by way of a written amendment to this
Agreement.
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D. The terms and conditions of this Agreement shall
not be altered or modified except by a written amendment to this
Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and
conditions of this Agreement, and the terms and conditions of the
attached exhibits or the documents expressly incorporated by
reference, the terms and conditions of this Agreement shall
control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment
due to CONTRACTOR under this Agreement, any monies which
CONTRACTOR owes CITY under any ordinance, agreement, contract or
resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation
of any term, covenant or condition of this Agreement, or of any
ordinance, law or regulation, shall not be deemed to be a waiver
of any other term, covenant, condition, ordinance, law or
regulation, or of any subsequent breach or violation of the same
or other term, covenant, condition, ordinance, law or regulation.
The subsequent acceptance by either party of any fee, performance,
or other consideration which may become due or owing under this
Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition,
covenant of this Agreement or any applicable law, ordinance or
regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce
the terms and conditions of this Agreement, or arising out of the
performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in
connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the
duration of this Agreement, a CITY business license as required by
the San Rafael Municipal Code. However, as a 501(c)(3) non-profit
agency, CONTRACTOR is exempt from applicable fees. CONTRACTOR
shall pay any and all state and federal taxes and any other
applicable taxes. CONTRACTOR's State taxpayer identification
number is CA 339 0297 4, and CONTRACTOR certifies under penalty of
perjury that said taxpayer identification number is correct. (The
Federal number is 94-2951373.)
22. APPLICABLE LAW.
The laws of the State of California shall govern this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day, month and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
G
By: �-
Suzan e Golt, City Manager /
Q Y� ��r"
Steve Zeiger,0
Director, MCSTOPPP
and City's Project Manager
Name: Margaret R. Johnston
Title: Executive Director
0'
J
ATTEST:
C'ty Clerk
APPROVED RM:
Ci y Att r y
10
Services/Professional Services
Contract Form -1 (1-55)
San Francisco Estnary histitnte E41 .1 1 . N km 1 4. 101�
180 Richmond Field Station
1325 South 46th Street
Richmond. California 94804
Office (510) 231-9539
Fax(510)231-9414
March 14, 1996
Gina Purin
MCSTOPP
City of San Rafael
1400 5th Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Dear Gina,
I faxed the Scope of Work Narrative, Scope of Work with budget, and a program description
to your office Monday. I hope this is what you needed from us for the contract. In this box
I've included copies of the faxed materials along with a Kids in Creeks binder that workshop
participants receive and other flyers and materials we would include in your program. If
there is anything else we can include please give me a call (510) 231-9410. Thanks for all
your help.
Sincerely,
t
Dianne Wightman
*Binder on file at MCSTOPP Office.
A
EXHIBIT A
Scope of Work Narrative
The San Francisco Estuary Institute is seeking funds from the City of San Rafael with
which to coordinate and hold a Kids in Creeks training workshop for teachers of grades
K-12 in Marin County. An award-winning program, Kids in Creeks is an innovative
action -oriented program that assists teachers and their students with studying watersheds,
participating in hands-on science and investigating local environmental issues. Participants
will become part of a network of over 600 teachers that have participated in the Kids in
Creeks program. The San Francisco Estuary Institute will provide 35 teachers with a 3 day
workshop, curriculum and resource materials, access to lending library materials, post -
workshop assistance with conducting action projects, and an annual reunion Specific tasks
are outlined in four parts and include the following:
Task I. Research
SFEI will research potential workshop facilities, presenters and Marin county
resources, agencies and contacts, and develop mailing lists.
Task H. Coordinate and Hold Teacher Training Workshop
SFEI will coordinate and hold a three-day, 20 hour teaching training workshop which
comprises the following tasks: purchase and compile participant curriculum and
resource materials, develop and distribute participant registration and promotion
materials, write and distribute promotional press releases, coordinate facilities and
presenters, develop the workshop agenda, purchase refreshments, and staff the event.
Task III. Providing Resources and Support
SFEI will purchase and assemble a lending library (which includes videos, curriculum,
slide shows, stream inventory kits, maps, and laminated riparian plant sheets), provide
post -workshop support to participants including assistance with conducting action
projects in their classrooms and communities, a subscription to the Kids in Creeks
quarterly newsletter, and an annual reunion.
Task IV. Publicity and Promotion
SFEI will arrange and give school presentations to promote the workshop, arrange
press coverage of the workshop and follow-up support projects, and revise the Kids in
Creeks promotional slide show to include Marin County participation.
The workshop will introduce teachers to the Kids in Creeks curriculum and provide them
with background information on creek ecology, urban runoff pollution, aquatic insects, and
botany. Educators will participate in an assessment of environmental and ecological
conditions on two different creeks where they will analyze water pollution sources and
impacts. The two days of the workshop will be held at a nature center where participants
will monitor water quality, sample for aquatic insects, evaluate their data, and participate in
discussions about what the data means. Teachers will also participate in games designed to
increase their awareness and knowledge of aquatic ecosystems. The last day of the
workshop will be held at a school site where educators will participate in an animal tracking
activity; stencil storm drains; learn to read topographic maps to find out more about their
watersheds and creeks; and conduct an urban stream survey in order to analyze land -use
impacts as well as the general health of the stream. Throughout the workshop special focus
will be given on providing teachers with ideas and assistance on conducting action projects
with their classes. Participants will receive a packet of materials containing activities that
can be easily performed with students, and instructions on how to conduct action projects,
such as cleaning up a stream or stenciling storm drains, with a class. Teachers will also
receive a watershed map outlining their school's watershed, a stream improvement map
highlighting the creeks near their school, historical and current articles about local creeks,
and activity and reference guides such as WOW. The Wonders of Wetlands, and Dipping
into Creeks. Graduate level academic credit for the workshop will be available.
Marin KIC Scope of Work
Responsible Staff Hours Staff Cost Other Cost Subtask Activity to be Performed
Party
Ed. Dir.
5
$375
Ed. Coord.
40
$1,600
Intern
40
$1,213
Task I Subtotal
85
$3,188
S FEI
Ed. Dir.
6
$450
Ed. Coord.
15
$600
Intern
15
$480
Ed. Dir.
4 $300
Ed. Coord.
15 $600
Intern
15 $480
Volunteer
15
Ed. Dir. 6 $450
Task I: Research
Research: Direct Costs
$58 Travel (200 miles @$0.29/mile)
Research: Labor
Research Marin County resources and contacts
$58
Task II: Coordinate and Hold a Teacher
Page 1
Promotion
• Identify journals, calendars, newsletters, mail
workshop announcements
• Develop and distribute registration form
• Compile mailing lists
• Write and send out press releases
Registration
Training Workshop
Workshop: Direct Costs
Twenty hour workshop for K-12 educators
$1,750
Binders 35 people x $50/binder
$1,400
Curriculum Materials 35 x $40
$210
Maps 35 x $6
$600
Paper, Postage, Printing
$263
Coffee/snacks 35 people x $3/day x 2.5 days
$330
Facility Fee
$80
Travel (275 miles @ $0.29/mile)
Workshop: Labor
Coordinate Workshop
• Contact speakers
• Confirm speakers' participation in writing
• Develop agenda
• Coordinate facilities
Page 1
Promotion
• Identify journals, calendars, newsletters, mail
workshop announcements
• Develop and distribute registration form
• Compile mailing lists
• Write and send out press releases
Registration
Marin KIC Scope of Work
EXHIBIT A
Ed. Coord.
10
$400
• Develop and distribute registration materials
Intern
25
$800
• Create nametags
Volunteer
15
• Track participant enrollment
• Maintain database
• Write and distribute confirmation letters
Ed. Coord.
15
$600
Assemble Activities & Resource Guide
Intern
35
$1,120
• Obtain materials
Volunteer
24
• Identify, find and copy creek specific information
per participant
• Assemble packets
Ed. Coord.
8
$320
Maps
Intern
30
$960
• Identify and order maps
Volunteer
40
• Outline watersheds, creeks, and school maps
Ed. Dir.
24
$1,8(x)
Staff for Event
Ed. Coord.
36
$1,440
Naturalist
4
$75
Intern
30
$960
Volunteer
20
Task II Subtotal
407
$11,835
$4,633
Task III: Provide Resources and Support
Resource Libraries
Direct Costs
$1,000 • purchase materials for lending library
Labor:
set up lending library
Ed. Coord.
10
$400
• Puchase materials
Intern
25
$800
• Find location for housing library
Volunteer
50
• Replace missing materials
• Add new materials to the library
• Promote facility
Teacher Support
Direct Costs:
$200 Paper, Printing and Postage
$58 Travel (200 miles @ $0.29/milt)
Page 2
EXHIBIT A
Marin KIC Scope of Work
Task IV: Publicity and Promotion
Labor
Ed. Dir.
10
$750 • Assist educators with conducting action projects
Ed. Coord.
50
$2,000 • Write and distribute mailings to teachers
Intern
35
$1,120
Volunteer
50
Travel (300 miles @ $0.29)
Task III Subtotal
230
$5,070 $1,258
Task IV: Publicity and Promotion
Page 3
School Presentations
Direct Costs:
$87
Travel (300 miles @ $0.29)
Labor:
Ed. Dir.
10
$750
• Set up appointments
Ed. Coord.
30
$1,200
• Prepare for presentation
Intern
30
$960
• Make presentations at schools
General Publicity
Direct Costs:
$80
Slide Processing
$100
Paper, Printing and Postage
Labor:
Ed. Dir.
10
$750
• Revise Kids in Creeks slide show
Ed. Coord.
15
$600
• Write and distribute press releases
Volunteer
45
Task IV Subtotal
140
$4,260
$267
Total Tasks I-IV
777
$24,353
$6,216
Grand Total
$30,569
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