HomeMy WebLinkAbout11 - Water Quality Educational Outreach ProgramCITY OF
tu s NEWPORTBEACH
�1FORNCity Council Staff Report
June 26, 2018
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Shane Burckle, Watershed/Conservation Specialist
PHONE: 949-644-3214
TITLE: Water Quality Educational Outreach Program — Approval of
Professional Services Agreement with Orange County Department of
Education
ABSTRACT:
The City's water quality and water conservation efforts includes participation at city events
and various opportunities to educate students within Newport Beach schools. The City
has previously partnered with the Orange County Department of Education (OCDE) to
provide water quality educational outreach programs to students. Staff recommends
OCDE to continue to provide educational outreach programming for Fiscal Years (FY)
2018/19 through 2022/23.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Award and approve, via single source selection, a five (5) year Professional Services
Agreement (PSA) with Orange County Department of Education, a public agency by
and through the Orange County Superintendent of Schools, to provide educational
outreach services, for a not -to -exceed amount of $225,000.00, and authorize the
Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
The adopted FY 2018/19 Operations & Maintenance budget includes sufficient annual
funding for this agreement. It will be expensed to the Water Conservation Activities
account in the Utilities Department, 70109052-841063. Funding for future years will be
considered annually.
Water Quality Educational Outreach Program — Approval of Professional Services
Agreement with Orange County Department of Education
June 26, 2018
Page 2
DISCUSSION:
Given the City's coastal location and proximity to environmentally sensitive habitats,
educating residents and students on the dynamics of ocean/bay water quality and water
use efficiency has long been a part of the City's efforts to raise awareness across its many
residents. In particular, educating the younger population helps ensure that the next
generation will maintain and improve access to clean water, take steps to conserve water,
and protect local resources.
Traditionally, school programs were administered through the City's participation in the
Municipal Water District of Orange County's (MWDOC) local program. However, the
program was relatively limited in scope and range. The City opted out of the MWDOC
program in 2013 and tried a program directly administered through OCDE known as
Inside the Outdoors. The curriculum is more aligned with California Science and Social
Science standards, offered more activities and is available to more students and schools
providing a better value for the City's funds. The program has been successful and since
then, the City has partnered yearly with the OCDE via separate agreements, most
recently for Fiscal Years 2016/17 and 2017/18.
Staff recommends award and approval of a new agreement with OCDE for a five (5) year
program run, with a total not -to -exceed fee of $225,000. OCDE provides matching funding
each year, which doubles the "purchasing power" of our fund. Staff negotiated that the
yearly cost to the City remains at $45,000 per year, similar to previous years.
Program Year
Participants Served
(Approximate)
City of Newport Beach
Funding
OCDE Match
Total Cost
FY
2018-2019
15,825
$ 45,000.00
$ 46,620.00
$ 91,620.00
FY
2019-2020
15,825
$ 45,000.00
$ 49,369.00
$ 94,369.00
FY
2019-2021
15,825
$ 45,000.00
$ 52,200.00
$ 97,200.00
FY
2018-2022
15,825
$ 45,000.00
$ 55,116.00
$ 100,116.00
FY
2019-2023
15,825
$ 45,000.00
$ 58,119.00
$ 103,119.00
TOTALS:
79,125
$ 225,000.00
$ 261,424.00
$ 486,424.00
Inside the Outdoors programs offer field studies, service learning projects, community
events, teacher resources, promotional giveaways and marketing programs. The
approximate outreach rate is targeted at 15,825 participants per year, and covers grades
K-12 plus community water education events for the City.
This program allows for a unique, hands-on opportunities for students and teachers with
an emphasis on water quality and water conservation. For high school students, there are
additional resources and emphasis in environmental sciences, engineering and
stewardship of the environment.
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Water Quality Educational Outreach Program — Approval of Professional Services
Agreement with Orange County Department of Education
June 26, 2018
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Professional Services Agreement with OC Superintendent of Schools
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH ORANGE COUNTY DEPARTMENT OF EDUCATION FOR
EDUCATIONAL OUTREACH
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 1st day of July, 2018 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
Orange County Department of Education, a public agency, by and through the Orange
County Superintendent of Schools ("Consultant"), whose address is 200 Kalmus Drive,
Costa Mesa, CA 92626, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide environmental education program
administration for Newport Beach kindergarten through grade twelve students,
teachers and community members for water science education outreach
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services and Schedule of Billing Rates attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"), with it being understood and agreed that
Consultant shall match the amount of compensation payable by City to Consultant for the
Services or Work, as such match is described in Exhibit A. City may elect to delete certain
Services within the Scope of Services at its sole discretion with ninety (90) days prior
written notification to Consultant and provided that the Timeframe for the Task(s)
identified in the Work Plan as listed in Exhibit A has not commenced prior to City sending
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such notification. If such Timeframe(s) has commenced, City shall agree that Consultant
shall complete the Task(s) that has commenced and that City shall pay Consultant for
such Task(s).
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and Exhibit A. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Twenty Five
Thousand Dollars and 001100 ($225,000.00) for the term of the Agreement in annual
increments of Forty Five Thousand Dollars and 001100 ($45,000.00) per fiscal year
(July 1 -June 30) without prior written authorization from City. No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit quarterly invoices to City describing the Work
performed the preceding quarter. Consultant's bills shall include, a brief description of
the Services performed and/or the specific task in the Scope of Services to which it
relates, the date the Services were performed, and a description of any reimbursable
expenditures. City shall pay Consultant no later than thirty (30) calendar days after
approval of each quarterly invoice by City staff.
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4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit A to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Stephanie Smith to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
Orange County Department of Education Page 3
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8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
Orange County Department of Education Page 4
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be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
9.3 This indemnity and other rights afforded City by this section shall survive
the termination or expiration of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
Orange County Department of Education Page 5
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of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit B, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. COPYRIGHT/TRADEMARK/PATENT
City understands and agrees that all matters produced under this Agreement shall
become the property of Consultant and cannot be used without Consultant's express
written permission. Consultant shall have all right, title and interest in said matters,
including the right to secure and maintain the copyright, trademark and/or patent of said
matter in the name of the Consultant. City consents to use of City's name in conjunction
with the sale, use, performance and distribution of the matters, for any purpose and in
any medium.
Consultant's indemnification, defense and Hold Harmless obligation in Section 9
of this Agreement shall apply to claims arising from or in any matter relating (directly or
indirectly) to Consultant's use of the matters covered in this Section 17.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information. Consultant is a
Orange County Department of Education Page 6
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governmental entity of the State of California, by virtue of which is subject to the California
Public Records Act ("CPRA"). The parties agree that any provision of this Agreement
which conflicts with Consultant's statutory obligations under the CPRA is ineffective.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
Orange County Department of Education Page 7
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24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Patricia McCaughey
Orange County Department of Education
200 Kalmus Drive
Costa Mesa, CA 92626
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
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identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
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28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Orange County Department of Education Page 10
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:�,-rM AZ 1 geZp(g
n By4Aaronarp -�(
ATTEST:
Date:
31
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Orange County
Department of Education, a public agency,
by and through the Orange County
Superintendent of Schools
Date:
By:
Patricia McCaughey
Administrator, Purchasing, Contracts
and Transportation
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates
Exhibit B — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES &
SCHEDULE OF BILLING RATE
Orange County Department of Education Page A-1
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City of Newport Beach
Inside the Outdoors
Annual Work Plan
2018/19 — 2022/23
"Task #
Activity Description
Tasks
Timeframe
1
Field Studies
• Recruit schools
• Aug — Sep
Water education field studies focused on hands-on learning outdoors
• Serve students
• Oct — Jun
Deliverable: 1,200 students receive a water education field study experience and
. Survey teachers
take-home audits
• Report outcomes
Traveling Scientist
• Recruit schools
• Aug — Sep
Water education Traveling Scientist classroom presentations (sponsorship for
• Serve students
• Oct — Jun
eligible schools), curriculum updates, and equipment replacement
• Survey teachers
Deliverable: 1,200 students receive a water education Traveling Scientist
• Report outcomes
session and take-home audits
4
Middle and High School Service -Learning
• Recruit schools
• Jul — Aug
Water education and water conservation Service -Learning projects.
• Serve students
• Aug — Sep
Deliverable: 2,000 students receive:
• Survey teachers
• Oct — Jun
• Up to three ITO-led Traveling Scientist visits
• Report outcomes
• One campus -wide water education project
• One community action event
• Guest lectures from community partners such as the City of Newport
Beach, Boeing, US Fish and Wildlife Service
Community Water Education Events
• flan events
• Aug — Sep
Water education events otTered at community water education events such as
• Recruit participants
• Oct — Jun
Newport Bay's Earth Day and Coastal Clean -Up Day provided in partnership and
. Serve participants
• Oct — Jun
co -branded with City of Newport Beach logo
Deliverable: ITO will attend community events that will reach up to 3.000
community members
6
"Teacher Resources
• Recruit teachers
• Aug— Sep
Teacher resources and videos focused on incorporating current science standards and
. Provide resources
• Oct — Jun
environmental education concepts into classroom lessons
Deliverable: Classroom resources and videos for up to 425 teachers
11-16
City of Newport Beach
Inside the Outdoors
Annual Work Plan
2018/19 — 2022/23
Task #
Activity Description
Tasks
Timeframe
7
Promotional Giveaways
• Purchase items
• Jul - Aug
Promotional giveaways provided in partnership and co -branded with City of Newport
. Distribute items
• Sep — Jun
Beach logo
Deliverable: Purchase and distribute approved promotional items that will reach
3— community members
8
Media/Marketing
• Create marketing materials
• Jun — Sep
Media/Marketing displays and materials such as backdrops, print media releases,
• Draft and publish media
. Jul —Jun
boosted social media posts, marketing through OCDE and Inside the Outdoors
releases, website posts, an
websites, and emails blasts that will be co- branded with City of Newport Beach logo
email blasts
Deliverable: Co -branded media and marketing materials that reach 5,000
students, teachers, and community members
9
Reporting/Billing
• Generate quarterly update
• Oct (Ql )
Quarterly updates and invoices
• Generate quarterly
• Jan (Q2)
Deliverable: Quarterly updates and invoices
invoices
o Apr (Q3)
• Jun (Q4)
11-17
Sample Curriculum
Field Studies
S I NOPSIS
Students it -ill participate in several hands-on activities in which thev it -ill learn about the watercycle, the amount of fresh ►tater available on Earth, water pollution anti cleaning, and ►tater
reuse.
OBJECTIVES
Students will he able to:
• describe the water cvcle
• slate the limitations of water availability
• describe the reuse of'water
• state that most of Earth's water is present as salt ►tater in the oceans
• name three wavy ivater can become polluted during use
• name ttito places where water is partially or completely cleaned of pollution
• name one wav they can help to reduce water pollution
FOCUSACTI VITY.- LIMITED WATER - ULOBAL
1. Have students observe the water bodv
a. Ask them to tote water that runs through here is,fresh►tater or saltivater
(both)
h. Ask them where it.flows to (the ocean)
Z. Have the students vote whether there is a lot or a little water available on the planet
(accept anv answer)
3. Have the students vote whether or not we need waler to survive (yes)
a. We cannot live longer than three cicivs without water
Traveling Scientist
.S lIVOPSI.S
.Students it -ill participate in hands-on activities to learn about watersheds and how then become
polluted, aquifers, and Total McLvimum Daily Loads (TVIDL) — a measurement scientists use to
determine the maximum amount of pollution a body of water can sustain daily. Each student will
also make a commitment to help conserve and preserve water in their communities.
OB.IECTI VES
Students it -ill he able to:
• describe it -here on Earth water is located
• describe the ►tater cvcle
• idento- ►tater in the three stales of matter
• describe how pollution within a ttalershed can affect bodies (Y'water within the watershed
• understand aquifers and where we get out- local stater
11-18
Sample Curriculum, Continued
Service -Learning
SYNOPSIS
Students will participate in hands-on activities to learn about the California drought, where their
water comes from, how it gets to them. hotiv we use water, where their water goes once used, and
the importance of*water conservation..4fter thus visit, students will complete a School Water
Audit, and research wavy to conserve water, and come up with ways to promote water
educalion1c•onservation to other students at school. This is ihe_first of tivo visits leading tip to a
campus -wide project and community action event.
OBJECTIVES
.Students will he able to:
• describe where on Earth water is located
• describe the water cycle
• idenliA, where their water comes from and goes once used
• describe different ways water is used
• understand the importance of it-ater conservation
HANDS-ONACTIVITY.- BR4INSTOR 11— How, do time use water? ('10 minutes)
1. Tell students that they are going to do a brainstorming activity.
a. Divide students into small groups. Evet-gone needs to participate and he respectful
o f all ideas
?. Students have 3 minutes to write down as many ways we use water as they can.
a. At the end of three minutes, discuss and record students' ideas
h. Consider home, school, community (including businesses)
c. Consider direct and indirect water use
3. GV by conservation''
a. Lead discussion to w h'v conservation is important.
h. Water is very limited in California, but the population is high
c. Gould we run out of potable water ifwe aren't careful with hotir ►ve use it?
4. Why educate locally:'
a. Lead discussion to why acting locally is important
h. Small changes locally add up to great water conservation
11-19
Inside the Outdoors Proposal
City of Newport Beach
18/19
11-20
Funding from
Participants
City of
Matching
Total
Program Description
Served
Newport
Funding
Cost
(approximate)
Beach
Water education field
studies for grades K-12,
Field Studies
curriculum updates, and
1.200
$18,600
$12,000
$30.600
equipment replacement
Water Education l ra%elin¢
Scientist presentation
Traveling
(sponsorship for eligible
1,200
$7.800
$4,200
$11000
Scientist
schools), curriculum
updates, and equipment
Water education and water
conservation Service -
High School
Learning projects (up to
Service-
three Traveling Scientist
2,000
$12.000
$12.420
$24,420
Learning
visits. one campus -wide
project, and one community
Water education oflered at
community water education
events provided in
Community
partnership and co -branded
3.000
$3.000
$12,000
$15,000
Water
Education
with City of Newport
Events
Beach logo
"feaeher resources and
Teacher
videos focused on
Resources
incorporating current
425
$600
$1,0110
$1,600
science standards and
environmental education
curriculum
Promotional giveaways
such as water bottles, wrist
bands, temporary tattoos.
Promotional
Giveaways
pens. post- its, etc.
3,000
$3.000
$0
$3.000
provided in partnership and
co -branded with City of
Newport Beach logo
Program materials, press
releases and promoted
social media posts; all
Media/
marketing
5.000
SO
$5,000
55.1100
Marketing
co -branded with City of
Newport Beach logo
Total
15,825
$45,000
$46,620
$91,620
11-20
Inside the Outdoors Proposal
City of Newport Beach
19/20
11-21
Funding from
Participants
City of
Matching
Total
Program Description
Served
Newport
Funding
Cost
(approximate)
Beach
Water education field
studies for grades K-12,
Field Studies
curriculum updates, and
1.200
$18.600
$12,918
$31,518
equipment replacement
Water Education Traveling
Scientist presentation
Traveling
(sponsorship for eligible
1 200
$7,800
$4,560
$12,360
Scientist
schools). curriculum
updates. and equipment
W ater education and water
conservation Sen ice -
High School
Learning projects (up to
Service-
three Traveling Scientist
2.000
$12,000
$13,153
$25,153
Learning
visits, one campus -wide
project, and one community
Water education offered at
community water education
events provided in
Community
partnership and co -branded
3.000
$3,000
$12,450
$15,450
Water
Education
with City of Newport
Events
Beach logo
'Teacher resources and
Teacher
videos focused on
Resources
incorporating current
425
$600
$1,048
IS
science standards and
environmental education
curriculum
Promotional giveaways
such as water bottles, wrist
bands, temporary tattoos,
Promotional
Pens. post- its, etc.
3,000
$3,000
$911
x3,11911
Giveaways
provided in partnership and
co -branded with City of
Newport Beach logo
Program materials. press
releases and promoted
social media posts: all
Media/
marketing
5.000
$0
$5,150
I SII
Marketing
co -branded with City of
Newport Beach logo
Total
i 15,825
$45,000
$49,369
$94,369
11-21
Inside the Outdoors Proposal
City of Newport Beach
20/21
11-22
Funding from
Participants
City of
Matching
Total
Program Description
Served
Newport
Funding
Cost
(approximate)
Beach
Water education field
studies forgrades K-12,
Field Studies
curriculum updates, and
1,200
$18,600
$13,864
$32,464
equipment replacement
Water Education Traveling
Scientist presentation
Traveling
(sponsorship for eligible
1,200
$7,800
$4,931
$12,731
Scientist
schools), curriculum
updates, and equipment
Water education and water
conservation Service -
High School
Learning projects (up to
Service-
three Traveling Scientist
2,000
$12,000
$131907
$25,907
Learning
visits, one campus -wide
project, and one community
Water education offered at
community water education
events provided in
Community
partnership and co -branded
3.000
$3,000
$12,914
$15,914
Water
Education
with City of Newport
Events
Beach logo
Teacher resources and.
Teacher
videos focused on
Resources
incorporating current
425
$600
$1.097
5 1.b97
science standards and
environmental education
curriculum
Promotional giveaways
such as water bottles, wrist
bands, temporary tattoos,
Promotional
pens, post- its, etc.
3.000
$3,000
$183
$3,183
Giveaways
provided in partnership and
co -branded with City of
Newport Beach logo
Program materials, press
releases and promoted
social media posts; all
Media/
marketing
5,000
$0
$5305
$5,305
Marketing
co -branded with City of
Newport Beach logo
Total
i 15,825
$45,000
$52,200
$97,200
11-22
Inside the Outdoors Proposal
City of Newport Beach
1/22
11-23
Funding from
Participants,
City of
Nlatcng
Total
Progmm Description
Served
Newport
Fund -mg
Cost
(approximate)
Beach
Water education field
studies for grades K-12.
Field Studies
curriculum updates, and
1,200
$18.600
$14.837
$33.437
equipment replacement
Water Education Traveling
Scientist presentation
Traveling
(sponsorship for eligible
1,200
$7.800
$5.313
$13.113
Scientist
schools), curriculum
updates, and equipment
Water education and water
conservation Service -
High School
Learning projects (up to
Service-
three Traveling Scientist
2.000
$12,000
$14.684
$26.684
Learning
visits, one campus -wide
project, and one community
Water education offered at
community water education
events provided in
Community
partnership and co -branded
3.000
$3.000
$13.391
$16,391
Water
Education
with City of Newport
Events
Beach logo
Teacher resources and
Teacher
videos focused on
Resources
incorporating current
425
$600
$1,148
$1,748
science standards and
environmental education
curriculum
Promotional giveaways
such as water bottles, wrist
bands, temporary tattoos.
Promotional
pens, post- its, etc.
3.000
$3,000
$278
$3.278
Giveaways
provided in partnership and
co -branded with City of
Newport Beach logo
Program materials, press
releases and promoted
social media posts: all
Medial
marketing
5.000
$)
$5.464
$5.464
Marketing
co -branded with City of
Newport Beach logo
Total4
1 15,825
11 $45,000
1 $55,116
11 $100,116
11-23
Inside the Outdoors Proposal
City of Newport Beach
22/23
11-24
Faading from
Par pants
City of
MatcLiing
Total
Program Description
Served
Newport
Funding
cost
(approximate)
Beach
$34,441
Water education field
1,200
$18,600
$15,841
studies for grades K- 12.
Field Studies
curriculum updates, and
equipment replacement
Water Education Traveling
1,200
$7,800
$5.706
$13,506
Scientist presentation
Traveling
(sponsorship for eligible
Scientist
sch(x)ls), curriculum
updates, and equipment
Water education and water
conservation Service-
2,000
High School
Learning projects (up to
$12.000
$15.485
$27,48
Service-
three Traveling Scientist
Learning
visits, one campus -wide
project, and one community
Water education offered at
community water education
events provided in
Community
Water
partnership and co -branded
3,000
$3.000
$13.883
$16,883
Education
with City of Newport
Events
Beach logo
Teacher resources and
Teacher
videos lbcused on
Resources
incorporating current
$600
$1,201
$1.801
science standards and
425
environmental education
curriculum
Promotional giveaways
such as water bottles. wrist
bands, temporary tattoos.
Promotional
pens, post- its, etc.
3.000
$3,000
$377
$3,377
Giveaways
provided in partnership and
co -branded with City of
Newport Beach logo
Program materials, press
releases and promoted
social media posts; all
Nledia/
marketing
5.000
$0
$5.628
$5.628
Marketing
co -branded with Citv of
Newport Beach logo
Total
1 15,825
$45,000
$58,119
$103,119
11-24
EXHIBIT B
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Orange County Department of Education Page B-1 11-25
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Orange County Department of Education Page B-2 11-26
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Orange County Department of Education Page B-3 11-27
judgment may be necessary for its proper protection and prosecution of the
Work.
Orange County Department of Education Page B-4 11-28