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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. 11-2 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 11-3 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 11-4 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. Orange County Department of Education Page 2 11-5 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 11-6 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 11-7 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 11-8 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 11-9 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 11-10 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 Orange County Department of Education Page 8 11-11 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. Orange County Department of Education Page 9 11-12 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 11-13 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 Orange County Department of Education Page 11 11-14 EXHIBIT A SCOPE OF SERVICES & SCHEDULE OF BILLING RATE Orange County Department of Education Page A-1 11-15 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