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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 K 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. 3 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; 4 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, L 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. 7 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 Page 3