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HomeMy WebLinkAboutBCK Programs LLC; 2017-07-12; ENV1586ENV1586 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR STORMWATER POLLUTION PREVENTION INTERNSHIP PROGRAM (SWPPP) BCK PROGRAMS, LLC This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated July 12, 2017, (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and BCK Programs, a limited liability company, (“Contractor") (collectively, the “Parties”) for the Stormwater Pollution Prevention Internship Program (SWPPP). RECITALS A. On July 12, 2018, the Parties executed Amendment No.1 to the Agreement to extend and fund the Agreement for a period of one (1) year; and B. On May 20, 2019, the Parties executed Amendment No.2 to the Agreement to extend and fund the Agreement for a period of one (1) year; and C. The Parties desire to alter the Agreement’s scope of work to include distance learning and increase the number of schools served; and D. The Parties desire to extend the Agreement for a period of one (1) year; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-four thousand nine hundred dollars ($34,900). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed four thousand eight hundred ninety-five dollars ($4,895). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by July 10, 2021. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: FE73B66E-268B-4F31-AD79-BA595CD8F8CD 6th July ENV1586 City Attorney Approved Version 1/30/13 2 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California BCK PROGRAMS, a limited liability company By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager William Dean / Managing Member (print name/title) By: (sign here) Camille Sowinski / Managing Member (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: FE73B66E-268B-4F31-AD79-BA595CD8F8CD ENV1586 Exhibit A May 28, 2020 To: Tim Murphy From: Bill Dean Scope of Work: City of Carlsbad for Outreach and Education Even with the unusual turn of events from the Covid-19 school closures, last school year was one of BCK’s best. In 2019-2020, BCK moved environmental stewardship to a new level. We successfully transitioned our in-class environmental literacy program from individual lessons to classroom service-learning teaching partnerships that impacted 24 different classes and over 900 students. During the programs, we delivered cohesive, six-week programming with measurable outcomes focusing on multiple climate action topics. BCK also swiftly shifted all SWPPP Internship programming to a distance learning platform while maintaining student interest and productivity. Since the school closures in March, BCK has embraced the distance learning approach for our award-winning SWPPP Internship programs by providing storm water pollution prevention activities to the home setting and reconnecting with students through video conferencing. Jefferson Elementary students have remained connected in this same way. In April, we partnered with a Flora Vista 4th grade teacher to provide at-home activities and lessons so students could continue with their classroom service learning, eco-literacy program. We also created a Stormwater Action@home website for EUSD students looking for fun, friendly activities as an addition to their school work (or as a break from it). We received positive feedback from teachers, parents and students. BCK is well-positioned to continue this platform if students remain at home at the start of the school year. In addition, BCK implemented a new SWPPP Program for the City of Encinitas that was funded by CalRecycle OPP 9 funds. This program, started at Earl Warren Middle school, almost immediately transitioned into a distance learning program. This six week program, because it was home and neighborhood based, expanded to add interested students from Encinitas, Carlsbad and even Oceanside. For the coming 2020-2021 school year, BCK’s goal is to deliver meaningful environmental education with flexibility. While maintaining the same high standard of programming, BCK will adapt its educational platforms to match whatever structure is in place at the school district, even as it changes through the year. If students return to school with a modified day, BCK can work with the staff to create a structure that works for the school site. BCK instructors will implement the SWPPP Internship program through a method appropriate for the school site and the district. BCK is prepared to offer SWPPP via distance learning or on the school campus under a modified opening. DocuSign Envelope ID: FE73B66E-268B-4F31-AD79-BA595CD8F8CD ENV1586 Exhibit A Carlsbad Scope of Work Page 2 For the City of Carlsbad, BCK is proposing to expand the reach of stormwater related education and activities beyond Jefferson and into additional schools in Carlsbad. We have over the years been approached by teachers wanting our programs at their schools. We believe these programs will fit very well in the new delivery of education. This delivery will include fewer activities at school and a greater emphasis and value with home centric education. The following are the three programs BCK would like to provide the City of Carlsbad. 1) OPP 10 Storm Water Pollution Prevention (SWPPP), 6-Week Program BCK is currently engaged with middle-school students in Solana Beach, Encinitas and Oceanside in a storm water education and outreach program with a focus on the negative impact oil has in our environment along with other pollutants and how they damage our local waterways. This program is currently being conducted through our Distance Learning format. (BCK is working directly with the students using the schools as the gateway to allow this access.) The program we are proposing here will feature working pair us with a teacher at Jefferson Elementary. BCK will directly engage the students in this 6-week program, either at the school site or through a virtual connection. Our outcome will produce ideas and strategies that will help the City reduce pollutants from entering the MS4 (Municipal stormwater) systems. Each meeting is designed to last 1 hour and 30 mins. BCK will conduct a power point presentation and then review an activity that the students will participate in. After the activity, students will return and discuss their findings and or the results of their actions. Several meetings will include activities they must accomplish at home. The schedule of meetings include the following subject areas: Impacts of oil in our environment, and other pollutants. Activity to look for potential pollutants on campus. 1. How do pollutants get to the ocean? School and city stormwater systems, and how they get to the ocean. Activity look at city maps and walk campus to review school site systems. 2. Human impact and causes of pollutants in our waterways. Discuss trash and litter and the impact of vehicles. Activity check your number on family vehicles, scout neighborhood for oil stains and litter. 3. How we can effect change – structural solutions and source control. Activity at school and home, revisit pollution locations and identify causes along with structural solutions. 4. Source control – changing behaviors, discuss social conformity and education strategies. Activity, design and plan for both a social conformity activity and a educational one. Work as a group for a school activity. 5. Implement social conformity plan at school and complete educational pieces for posting at school and in home. 6. Report creation – work in groups to produce an overview of program, pollution issues, pollution solutions, effectiveness of solutions. Activity create a final report. DocuSign Envelope ID: FE73B66E-268B-4F31-AD79-BA595CD8F8CD ENV1586 Exhibit A Carlsbad Scope of Work Page 3 BCK will provide a schedule of the SWPPP meetings and invite the City to participate in the meeting that focuses on systems and services the City provides in order to reduce storm water pollution, and help recycle used oil and filters. 2) Trash Amendment Action Plan TrAAP This six week program will be offered to two schools as a Meeting one – Trash Assessment. Students collect data and complete “Trash Assessment" forms, take photos and identify the locations on a school site map where the greatest collection of Litter is located. This data is collated by BCK and a final school site map of Litter Hotspots is produced. Meeting Two - Trash Assessment Evaluation. With the data collected from the trash assessment and the schools site Trash/litter Hotspots map, students will evaluate: • What is the composition of the Trash/Litter • What activities are occurring is producing the Trash/Litter • Who are the individuals responsible for the Trash/Litter • Are their environmental issues contributing? • What are current tools (trash cans, recycling containers) available. • How are the tools maintained (how often emptied and by who). Meeting Three - Litter Solutions, BMPs. Students will be led on a discussion about what can be done to eliminate Litter on schools site. Three BMPs will be designed and planned. • The first one will be an Educational BMP, that will focus on the Litter problems at the school site. This awareness campaign can be delivered to students, staff and parents. • The second BMP will be an “action” BMP. Students will create an event or serious of events that engage students, staff and parents to actively become involved in picking up trash/litter on the school site. • The final BMP will focus on the tools required to eliminate trash/Litter at the school site. Meeting Four - Trash/Litter BMP Implementation. The designed BMPs will be scheduled and implemented at the school site. Meeting Five - Trash/Litter Final Assessment. Students will conduct a second "Trash Assessment”. The results will be compared to the first “Trash Assessment”, and then students will prepare a presentation and report: • Overview of Program • Effectiveness of BMPs • Recommendations for the future • Conclusions Meeting Six – Final presentation and Report. Students will prepare and deliver a presentation and report about their accomplishments, and begin the on-going Trash Danger evaluation and communication. DocuSign Envelope ID: FE73B66E-268B-4F31-AD79-BA595CD8F8CD ENV1586 Exhibit A Carlsbad Scope of Work Page 4 3) Website Environmental Activity Portal BCK Programs has created and distributed 20 @Home environmental activity programs focused on improving stormwater quality. These activities were created for the Encinitas Union School District to provide teachers in the district with environmental education activities that transitioned from the school site to the home and neighborhood. We designed the activities to engage both students and adults. These activities have been used by teachers throughout the city of Encinitas and Carlsbad, and have been praised by city staff and school district administrators. The success of this endeavor, and the results produced from these activities, has demonstrated a dramatic value in engaging individuals in a way to increase awareness, and produce valuable actions that improve the stormwater quality in homes and neighborhoods. Stormwater – Activities include: identifying pollutants in neighborhood streets, inspecting storm drain inlets for signage, evaluating drainage systems at home and cleaning, educating neighborhood about trash, etc. Water Management – Activities include: evaluating home irrigation system for leaks and overspray, looking in neighborhood for sprinkler system leaks and heads that are broken, educating neighbors about urban runoff, etc. All teachers in the Carlsbad Unified School District will be informed about this educational resource. In addition, residents too will be encouraged to participate in these online activities by clicking on a link that will take them to a page that is focused on Carlsbad. This page will have an brief overview of city stormwater goals. At the bottom, will be a tab asking the individual to help the city meet their goals by participating in these activities. From there a menu of programs will be displayed broken into age appropriate levels. BCK will then supply an access key so individuals may participate in any of the activities. Upon completion of the program, the individual can record data about their activity. This website will be managed by BCK with consultation and involvement by City staff. The activities will be presented to city staff for review and customization in order to meet city goals. The deliverable will be a quarterly summary of all the activity that has occurred along with the data collected from the activities. The annual fee for the portal includes setup and design of the “Carlsbad” opening page along with quarterly data reports. DocuSign Envelope ID: FE73B66E-268B-4F31-AD79-BA595CD8F8CD ENV1586 Exhibit A Carlsbad Scope of Work Page 4 Program Costs 1) OPP 10 SWPPP 6-Week Program at Jefferson Total cost for Jefferson $9,600.00 2) Trash Amendment Action Plan, TrAAP Cost for two schools $15,300.00 3) Website Stormwater Education Portal Total cost for annual fee and quarterly reporting $10,000.00 Total Amount $34,900.00 DocuSign Envelope ID: FE73B66E-268B-4F31-AD79-BA595CD8F8CD ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/8/2020 License # 0757776 (442) 244-6927 11000 BCK Programs, LLC3115 Verde Ave. Carlsbad, CA 92009 37478 25895 A 2,000,000 XX72SBABA4242 6/19/2020 6/19/2021 1,000,000 10,000 2,000,000 4,000,000 4,000,000 2,000,000A 72SBABA4242 6/19/2020 6/19/2021 B X 72WECAA3GNI 6/19/2020 6/19/2021 1,000,000 1,000,000 1,000,000 C Professional Liabili SP1566772B 9/8/2019 Ded: 1000 1,000,000 City of Carlsbad is named as additional insureds with respects to the General Liability, per form IH1200 1185. Waiver of Subrogation with respects to the Workers' Compensation per form WC040306 and workers compensation per form IH1200 1185; All forms valid when required by written contract. Supercedes previously issued certificate. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM#35050 New York, NY 10163-4668 BCKPROG-01 JZHAO1 HUB International Insurance Services Inc.1525 Faraday AvenueSuite 200Carlsbad, CA 92008 Maggie Perez maggie.perez@hubinternational.com Sentinel Insurance Company, Ltd. Hartford Ins Co of the Midwest United States Liability Insurance X 9/8/2020 XX 72 SBA BA4242 ADDITIONAL INSURED - PERSON-ORGANIZATION CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICE PO BOX 4668 / ECM # 35050 NEW YORK, NY 10163 001 001 04/02/20 06/19/21 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form IH 12 00 11 85 T SEQ. NO. Printed in U.S.A. Page Process Date: Expiration Date: 72 SBA BA4242 WAIVER OF SUBROGATION CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICE PO BOX 4668 / ECM # 35050 NEW YORK, NY 10163 003 001 04/02/20 06/19/21 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form IH 12 00 11 85 T SEQ. NO. Printed in U.S.A. Page Process Date: Expiration Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM We waive any right of recovery we may have against: 1. Any person or organization shown in the Declarations, or 2. Any person or organization with whom you have a contract that requires such waiver. FormSS12150300 Page 1 of 1 © 2000, The Hartford ENV1586 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR STORMWATER POLLUTION PREVENTION INTERNSHIP PROGRAM (SWPPP) BCK PROGRAMS, LLC This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2019, extending and amending the agreement dated July 12, 2017, (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and BCK Programs, a limited liability company, (“Contractor") (collectively, the “Parties”) for Stormwater Pollution Prevention Internship Program (SWPPP). RECITALS A. On July 12, 2018, the Parties executed Amendment No.1 to the Agreement to extend and fund the Agreement for a period of one (1) year; and B. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on July 10, 2020, on a time and materials basis not-to-exceed thirty thousand and five dollars ($30,005). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: E516AB71-B16E-41DB-BF17-AC9D928A63AF 20th May ENV1586 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR, BCK Programs, a limited liability company CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager William Dean, Managing Member (print name/title) By: (sign here) Camille Sowinski, Managing Member (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: E516AB71-B16E-41DB-BF17-AC9D928A63AF ENV1586 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR STORMWATER POLLUTION PREVENTION INTERNSHIP PROGRAM SERVICES BCK PROGRAMS, LLC This Amendment No. 1 is entered into and effective as of the I 2 M day of ::::r, )\ j , 2018, extending and amending the agreement dated July 12, 2017 (the '~greement") by and between the City of Carlsbad, a municipal corporation, ("City"), and BCK PROGRAMS, a limited liability company, ("Contractor") (collectively, the "Parties") for environmental education and outreach services. RECITALS A. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty thousand five dollars ($30,005). 2. Contractor will complete all work described in Exhibit "A" by July 12, 2019. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill /II City Attorney Approved Version 1/30/13 ENV1586 The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR,BCKPROGRAMS, a Limited Liability California corporation By:~-, CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Elaine ukey / u Ii Works Director as authorize e City Manager W1U1,tM' l)~~Pl##'*'/P&--;«~~13~~ (print name/title) "' By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~ftu ___________ J~L~ r.ss1. Qgpl:lty, City Attorney City Attorney Approved Version 1/30/13 2 l;{l(t Programs, LLC ENVlflONMENF~ DUC ION ENV1586 Exhibit "A" BCK Programs Proposal: SWPPP Internship™ for Jefferson Elementary School Submitted to The City of Carlsbad, Department of Public Works May 21, 2018 1. Successful Completion of First Year Program BCK's unique and unmatched approach to implementing environmental education programs was demonstrated this last school year at Jefferson Elementary (Carlsbad Unified School District). With our guidance, interns engaged in relevant environmental issues then designed and implemented best practices to to address them. BCK instructors assisted interns with avenues and platforms to share their outcomes with the school, the district administration and the greater community to create concrete, meaningful changes. As our proposal explains, we will continue to bring this innovative approach to the City of Carlsbad. BCK SWPPP Internship™ Proposal May 21, 2018 1 l:til Programs, LLC , EN\/; q NMEN TA E UCATiON 2. Project Approach And Methodology ENV1586 Exhibit "A" Traditionally, environmental education organizations spend only a few hours at schools giving pre-packaged presentations to students with little variation or consideration to the makeup of the audience. This passive learning approach does not leave a lasting impact on the students, if one at all. BCK has completely up-ended this approach with sustained student involvement over the entire school year. With BCK's guidance, interns produce real-world recommendations to improve stormwater quality flowing off the school campus and encourage the greater community to take steps at home to improve the environment. The presentations associated with BCK are written and given by the students to their fellow students, to school administrators and to city and county officials. Throughout the course of the program, BCK will coordinate community and industry outreach in the form of public speaking engagements in the water management industry in California and Nevada. BCK believes these speaking opportunities empower students with the confidence to become our future leaders. A hallmark of the BCK approach to environmental education is to broaden the net of stakeholders to include the local community through student action and outreach. BCK SWPPP Internship™ Proposal May 21, 2018 2 1:IIJS Programs, LLC ENVIPONM NT/\ EDUC/\TiON ENV1586 Exhibit "A" By adopting a framework that allows students to be the force behind the improvements, we are part of a growing movement shifting the paradigm of education and environmental change. 3. Discussion of Proposed Task Stormwater Pollution Prevention Program -SWPPP Internship™ at Jefferson Elementary School Task Approach BCK is the environmental education firm that developed the SWPPP Internship TM Program. It has been immensely successful at 12 schools in San Diego County including Jefferson Elementary School. During this school year, 17 Jefferson Elementary SWPPP interns have met weekly to study stormwater pollution. The interns worked all year to complete a SWPPP document that is modeled on the industrial SWPPP required by State Water Resources Control Board. The Jefferson SWPPP includes advanced ideas for bioswale BMPs along with simple BMPs including informational posters and periodic storm drain cleanings. In early May, the interns presented their their accomplishments to the Carlsbad City Council, and will present their findings and their SWPPP report to the Carlsbad Unified School District superintendent in late May. Detailed Tasks A BCK SWPPP instructor will conduct SWPPP Internship TM meetings once a week BCK SWPPP Internship™ Proposal May 21, 2018 3 ENV1586 Exhibit "A" i:fll8 Programs, LLC ENVIRON E.NTA U AT ON during the school year. The curriculum, designed using a business model, ensures a deeper understanding of the impact stormwater has in our local environment. Similar to this year, the 2018 -2019 school year will be divided into three sections described below. i. ii. iii. Research and Education • Understanding the impact nonpoint source pollutants have in our environment. • Review how these pollutants get from our school to the ocean by studying drainage plans. Data Collection. Analysis. and Plan Formation • Collect stormwater samples during a rain event and send them to a lab for analysis. • Develop a plan to reduce those pollutants that exceeded the EPA benchmarks. • Develop an educational BMP for the campus population. Plan Completion. Implementation. and Reporting • Implement educational BMP to the campus population. This might include signage, catch basin art, and letters to teachers and parents. • Produce the final SWPPP document and present to the Carlsbad Unified School District Board of Trustees. Conclusion SWPPP Internship TM is an award-winning program offered exclusively by BCK Programs. Through this program, student interns produce data-informed recommendations to improve stormwater quality, take actions through implementing \ BMPs on their school campuses, and conduct outreach through making presentations to the greater community. This program connects elementary education and the stormwater industry using an innovative approach that ultimately benefits both sectors. BCK SWPPP Internship™ Proposal May 21, 2018 4 1;111 Programs, LLC"" NV NMENTAL DUCAT ON 4. Annual Cost Contract Administration ENV1586 Exhibit "A" All administrative costs are built into SWPPP Internship's unit cost1• This fixed price contract will be billed in 12 equal increments of $2,500 from July 2018 to May 2019. The final payment in June 2019 will be $2,505. BCK will send a monthly invoice to the City of Carlsbad. Payment is due 30 days from the receipt of the invoice. Budget for 2018-2019 Work Item Unit Cost ($) Quantity SWPPP Internship™ Contract Administration - Incorporated into unit. $30,005.00 1 The unit cost is derived from an anticipated 353 hours. BCK SWPPP Internship™ Proposal May 21, 2018 TOTAL Annual Cost($)· $30,005.00 $30,005.00 5 LIMITED LIABILITY COMPANY OPERATING AGREEMENT BCK Programs, LLC THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this "Agreement") has been made and entered into by the persons ("Members") to this Agreement for the purposes of setting forth the rights and obligations of the Members in BCK Programs, LLC. 1. Organization 1.1 Formation. On January 9, '2017 the MembPrs formed BCK Pr0grams, LLC (the "Company") by filing Articles of Organization with the California Secretary of State. 1.2 Name. The Company may conduct its affairs under the name BCK Programs, LLC. The Members may change the name of the Company or may adopt one or more fictitious business names (often known as "OBA" names) for the Company upon affirmative vote by the Members under the voting procedures described in this Agreement. 1.3 Principal Office. The location of the principal office will be as stated in the Articles of Organization or as decided by the Managers. If the Managers decide to change the principal office, all appropriate documents shall be filed with all applicable government agencies. 1.4 Term. The Company will exist perpetually until the Members elect to dissolve it, or as it otherwise becomes dissolved under the procedures set forth in this Operating Agreement. 1.5 Registered Agent and Office. The registered agent and office shall be the same as is stated on the Articles of Organization or as decided by the Managers. If the Managers decide to change the registered agent of office, all appropriate documents shall be filed with all applicable government agencies. 1.6 Purpose of the Company. The Purpose of BCK Programs, LLC is to engage in any lawful act for activity for which a limited liability company may be organized under the laws of the State of California. February 07, 2017 BCK Programs, LLC Operating Agreement Page 1 2. Membership Interests 2.1 Classes Of Members. The Company may have the following classes of Membership Interests. Voting Interests. Members who hold Voting Interests shall have the right to vote on Company matters as provided for in this Agreement. Members who hold Voting Interests are Voting Members. Nonvoting Interests. Nonvoting Interests provide no voting rights. Members who hold Nonvoting Interests are Nonvoting Members. 2.2 Membership Interest; Voting Interests; Nonvoting Interests. Membership Interest means the sum of Voting Interests and Nonvoting Interest. Each Member's Membership Interest shall equal a fractional share of one-hundred percent (e.g., 15%) and shall be expressed as such in Exhibit A of this Agreement. The combined total of each Member's Membership Interests shall always be equal to one-hundred percent. Members may hold Voting Interests and Nonvoting Interests. 2.3 Initial Members. The name, address, contribution amount, and Membership Interest (including Voting Interest and Nonvoting Interests) of the Company's initial members are listed in Exhibit A. If new Members or Membership Interests are added to the Company, Exhibit A shall be updated accordingly. 2.3 Additional Members. Additional Members, including Voting Members or Nonvoting Members, may be added if the Voting Members agree by majority vote in accordance with Section 5 of this Agreement. Further, additional or different Members could arise under the voluntary or involuntary transfer provisions described in Section 6 of this Agreement. In the case of additional Membership Interests or the transfer of Membership Interests of any kind, the total percentage of the Company's Membership Interest, including the total percent of Voting Interests and Nonvotiilg Interests, shall be reconfi~ured en a proportional basis by the Managers. Prior to the vote of any action to add, transfer, or remove Members (to the extent a vote is called for under this Agreement), the Managers shall present the anticipated reconfiguration of Membership Interests, including Voting Interests and Nonvoting Interests, to the Members. If new Members or Membership Interests are added to the Company, Exhibit A shall be updated accordingly. February 07, 2017 BCK Programs, LLC Operating Agreement Page2 3.4 Available Funds. Available Funds means the net cash of the Company available after appropriate provision for expenses and liabilities, as determined by the Managers. 4. Company Management The Company is a Manager-Managed Company. In general, and as provided below, this means that the Voting Members will elect Managers to run the Company. These Managers may be Members themselves, though they not necessarily be. While the Managers will have broad authority to run the Company, the remaining Voting Members do retain some control. Voting Members can elect or terminate the Managers by a majority vote. And the Voting Members must approve certain major decisions before the Managers may act. In addition, the Managers have certain fiduciary duties -meaning the duty of care and the duty of loyalty -which set standards that the Managers must exercise to each other and to other Members. At the outset, the Company's Initial Members will be the Company Managers. 4.1 Election of Managers. • The Company shall be managed by one or more Managers. The Company Managers are listed in Exhibit B. If Managers are terminated or if new Managers are added, Exhibit B shall be updated accordingly. • In the case of more than one Manager, the Managers may assign one another with respective roles such as Chief Executive Manager, Treasurer, Operations Manager, among others as they deem appropriate. o The Voting Members may also decide, by majority vote, as to the relative roles of the Managers. The Voting Member's decision as to relative roles of the Managers shall control in the case that the Voting Members' decision differs from the relative roles that the Managers may have set fer themselves. • Managers may be Members of the Company or individuals who are not Members. • Managers may be terminated, with or without cause, by a majority vote of the Voting Members. • New Managers may be added by a majority vote of the Voting Members. • Managers shall hold their position until they resign or until the Voting Members remove the Manager from their position as Manager. February 07, 2017 BCK Programs, LLC Operating Agreement Page4 • If a Manager is also a Member, the removal of him/her as a Manager does not impact the Membership Interest of that Member. 4.2 Powers of Company Managers. Other than the activities which require a vote by the Voting Members, as listed further below, the matters relating to the Company shall be decided exclusively by the Managers. The Managers shall have complete power and authority to manage and operate the Company and make all decisions affecting its business and affairs. Even though the Managers may be assigned relative roles, these relative roles exist for the sake of operational efficiency and do not impact each Manager's equal rights in the management and conduct of the Company. Regardless of their relative roles, any differences arising among managers shall be decided by a majority vote of the Managers. • When Managers are deciding matters by majority vote of Managers, they are not subject to the voting rules described in Section 5 titled "Meetings and Voting" -those rules cover Voting Member votes. A majority of Managers means a pure majority irrespective of the Membership Interest. if any, that the Manager may hold. Thus, for example purposes, if there are five Managers an affirmative vote by three is needed for a majority vote. Managers may hold votes via e-mail, in person, on the telephone or however they deem appropriate. California law governing limited liability companies sets limits on the authority of Managers. It authorizes Managers to run the Company to the extent that the matters involved are not "outside the ordinary course of the limited liability company's activities." Though not intended to be an exhaustive list, the following activities are considered to be within the ordinary course of Company activities for the purpose of this Agreement. • Executing and delivering all contracts, conveyances, assignments leases, sub-leases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting BCK's assets: • Executing all checks, drafts and other orders for the payment of BCK's funds; • Executing all promissory notes, loans, security agreements and other similar documents; • The pre-payment, refinancing or extension of any loan affecting BCK's assets; • Executing all other instruments of any other kind relating to BCK's affairs; • The employment of persons, firms or corporations for the operation and management of the company's business; February 07, 2017 BCK Programs, LLC Operating Agreement Page5 CERTIFICATION OF MEMBERS • • The undel'$igned hereby agree, acknowledge and certify to adopt this Operating Ag~ment on February 07, 2017. MEMBERS: William Dean • Printed/Typed Name • • Kathleen Hacker Printedrryped Name _ camme S<a-inski Printed/Typed Name February 07, 2017 • • • BCK Programs, LLC Operating Agreement Page 13 BCKPROG-01 MPEREZ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 22~!~CT Carlsbad, CA -MMA -HUB International Insurance Services Inc. F.JJ8,NJo, Ext): (760) 804-0402 I FAX 1525 FaradaA Avenue, Suite 200 (A/C, No):(760) 804-0942 E-MAIL Carlsbad, C 92008 ADDRESS: INSURERISl AFFORDING COVERAGE NAIC# INSURER A, Sentinel Insurance Comoanv Ltd. 11000 --- INSURED INSURER B, United States Liabilitv Insurance 25895 BCK Programs, LLC INSURERC: 765 Normandy Rd INSURER D: Encinitas, CA 92024 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~,: TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS IN<:D ••n D IMM/OD/YYYYl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -D CLAIMS-MADE [Kl OCCUR DAMAGE TO RENTED 1,000,000 X 72SBABA4242 06/19/2018 06/19/2019 PREMISES /Ea occurrence\ $ MED EXP (Anv one person) $ 10,000 - PERSONAL & ADV INJURY $ 2,000,000 -4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ =l POLICY o m?+ DLOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER $ v A AUTOMOBILE LIABILITY ii:~~~b~~~tf!NGLE LIMIT $ 2,000,000 ANY AUTO 72SBABA4242 06/19/2018 06/19/2019 BODILY INJURY (Per Person\ $ -01/'vNED -SCHEDULED -AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident\ $ X HIRED AUTOS ONLY X ~ar~~H.~ 1P~9~fc\'le'rit?AMAGE $ $ A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 1,000,000 -72SBABA4242 06/19/2018 06/19/2019 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 j DED I X I RETENTION$ 10,000 Products/Bl $ 1,000,000 A WORKERS COMPENSATION I 06/19/2018 XI ~ffruTE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N X 72WECAA3GNI 06/19/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ B Prof Liability SP1566772 09/08/2017 09/08/2018 Ded:1000 1,000,000 j DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is named as additional insureds with respects to the General Liability, per formlH 12 00 11 85. 30 Day Notice of Cancellation applies per form SS 12 23 06 11. Waiver of Subrogation with respects to the Workers' Compensation per form WC040306; 30 Day Notice of Cancellation applies. Excess Liability/Umbrella is "following form". All forms valid when required by written contract. Supercedes previously issued certificate. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Services P.O. Box 4668 -ECM#35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 72 WEC AA3GNI Endorsement Number: Effective Date: 06/19/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: BCK PROGRAMS, LLC. 3115 VERDE AVE CARLSBAD CA 92009 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only' to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by --------------------Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 05/10/18 Policy Expiration Date: 06/19/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days In advance of the cancellation effective date to the certificate holder(s) with malling addresses on file with the agent of record or the Company. B. If this policy Is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10} days of the cancellation effective date to the certificate holder(s) with malling addresses on file with the agent of record or the Company. Form SS 12 23 0611 If notice Is malled, proof of mailing to the last known malling address of the certificate holder(s) on file with the agent of record or the Company will be · sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued A certificate of Insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will It negate cancellation of the policy. Failure to send notice shall impose no llabllity of any kfnd upon the Company or Its agents or representatives. Page 1 of 1 © 2011, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 72 SBA BA4242 SC Named Insured and Mailing Address; BCK PROGRAMS. LLC . 3115 VERDE AVE CARLSBAD CA 92009 Policy Change Effective Date: 06/19/18 Effective hour is the same as stated In the Declarations Page of the Policy. Policy Change Number: 001 Agent Name: JOHNSON & WOOD INSURANCE SERVICES Code: 165934 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: IH12001185 ADDITIONAL INSURED -PERSON-ORGANIZATION IH12001185 WAIVER OF SUBROGATION PRO RATA FACTOR: 1. 000 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12110405 T Process Date: 06/19/2019 Page 001 Policy Effective Date: 06/19/18 Policy Expiration Date: 06/19/19 POLICY NUMBER: 72 SBA BA4242 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PERSON-ORGANIZATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Service _P.O Box 4668/ECM#35050 New York, NY 10163 Form IH 120011 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 06/08/18 Expiration Date: 06/19/19 POLICY NUMBER: 72 SBA BA4242 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Service PO Box 4668/ECM# 35050 New York, NY 10163 Form IH 12 00 11 85 T SEQ. NO. 003 Printed in U.S.A. Page 001 Process Date: 06/08/18 Expiration Date: 06/19/19 AGREEMENT FOR STORMWATER POLLUTION PREVENTION INTERNSHIP PROGRAM SERVICES BCK PROGRAMS, LLC ENV1586 T S AGREEMENT is made and entered into as of the /;Jill day of --.'-~~~------' 2017, by and between the CITY OF CARLSBAD, a municipal "City"), and BCK PROGRAMS, a limited liability company, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in Stormwater Pollution Prevention Internship Program. B. Contractor has the necessary experience in providing professional services and advice related to Stormwater Pollution Prevention Services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty thousand five dollars ($30,005). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand five dollars ($30,005) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 ENV1586 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1/15 2 ENV1586 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 ENV1586 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Tim Murphy Title Env. Specialist II Department Public Works City of Carlsbad Address 1635 Faraday Carlsbad, CA 92008 Phone No. (760) 602-7587 For Contractor Name Bill Dean Title Project Manager Address 765 Normandy Rd Encinitas, CA 92024 Phone No. (760) 815-0792 Email bckprograms@gmail.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 4 ENV1586 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1/15 5 ENV1586 employee, any fee, commIssIon, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 6 ENV15et-, 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR, BCK PROGRAMS, a limited liability company By£~!) -- (sig~ print name/title) B~~I (sign here) &H1.://( ~(}win~t:i CJp (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey / Pu · Works Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~ eputyOty Attorne 7 PLEASESEE NOTARYAITACHMENT City Attorney Approved Version 4/1 /15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof So.n Q;'C.,>O On C, /5 J :lo/7 before me, K,r;'5Jc.1s ... AA_;V15 No-h-"'1 p11J::,1,·, Date Here Insert Name and Title of the Officer personally appeared C.c,n,,,/L... Saw:nsk', ""-W i/1,,,,,,__ Go.n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. en ~;:i;,:L ;;;:en al KRISTALEE ATKINS :J:J NOTARY PUBLIC-CALIFORNIAm COMM. NO. 2120228 .:.. SAN DIEGO COUNTY MY COMM, EXP. JULY 20, 2019 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_~__,~~=--~~~-~-~-~~--- Signature of Notary Public ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: fu,C4.!'.b,.114 C.,+.., of Ce,,,.... /sk,~ Document Date: -~-/-~_/ ,;_o_/_7 __ _ Number of Pages: ___ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ Corporate Officer -Title(s): ______ _ Corporate Officer -Title(s): ______ _ Partner -Limited -General .. Partner -Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: ___ _ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~~~~~~~~~~~~~~~~~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Exhibit "A" ENV1586 Programs, LLC May 25, 2017 PROPOSAL FOR: Stormwater Pollution Prevention Internship Program (SWPPP) for Select CUSD School SUBMITTED TO: City of cartsbad, Department of Public Works OVERVIEW BCK Programs, LLC's (BCK) SWPPP Internship Program has completed its fourth year of engaging students to write a Stormwater Pollution Prevention Plan (SWPPP) for their school campus. Currently, eleven schools in North County have a School Board certified Stormwater Pollution Prevention Plan for their schools. Through these plans, students have not only identified pollutants flowing off their campus (and into local waterways), they have also designed and implemented best management practices (BMPs) that have improved the water quality discharged at their school sites. The SWPPP Internship Program utilizes a business model that promotes a real-world educational experience. Students must fill out job applications to be hired as interns. Once hired, they begin the work needed to produce an industry-grade SWPPP for their school campus. BCK's multifaceted approach to environmental educational includes College and Career Readiness Standards in both Science and English Language Arts. -The SWPPP program utilizes cross-curricular connections that synthesize all eight NGSS Science and Engineering Practice Standards with Common Core ELA Anchor Standards for Reading and Writing. Additionally, we incorporate California ELA/ELD Standards by providing rigorous content made accessible to all learners in our diverse business community through use of research-informed academic supports. While meeting rigorous educational needs, the interns have designed and implemented solutions that have achieved documented improvements in stormwater discharges. The SWPPP Internship Program has been recognized by San Diego County Regional Water Quality Control Board staff and the City of Encinitas as providing meaningful outreach for pollution prevention and an enhanced source control strategy for municipal stormwater management programs. Exhibit "A" ENV1586 Programs, LLC In 2016, the SWPPP Internship Program was recognized by California Stormwater Quality Association (CASQA) when it was awarded Outstanding News, Information, Outreach and Media Project. In addition to receiving this high honor, SWPPP interns were invited to give a technical presentation at the CASQA annual conference. The conference award committee chairman, Jeff Endicott of CASC Engineering and Consulting, Inc. said: "The SWPPP Interns hit a World Series, 7th game, 9th inning, game winning, Grand Slam home run at the conference. You, the Interns, and EUSD have done an amazing job with the program - I can visualize the Interns as future engineers, scientists, communication specialists, and stormwater program managers. As Chairman of the CASQA Awards Committee, I have reviewed many amazing projects and programs over the last 13 years, but never one that has topped the SWPPP Intern program in terms. Congratulations!" PROGRAM DESCRIPTION After filling out an initial application, accepted SWPPP interns meet once a week for the entire school year. The interns choose supervisors and divide into work groups associated with different storm drains on campus. They will observe, collect data from and make pollution mitigation recommendations about their assigned drains through the year. Next, the interns compile their research into a professional-grade, 60+-page SWPPP Plan and present it to the School Board of Trustees for signature. During the presentation, interns make recommendations for behavioral changes needed and facility upgrades that will help mitigate polluted runoff from their campus. Upon program completion, interns will understand the impact stormwater has on the local environment and specifically how their school plays a role in the health of our watershed. Rather than learning these concepts strictly in the classroom, interns learn by doing the work themselves through conducting scientific observations and collecting rainwater samples, which are sent to a lab for analysis. Once stormwater impacts are identified, interns are tasked with developing solutions to mitigate the identified pollutants. Interns are further engaged through field trips and guest speakers, which add value and relevance to the work they are doing in the classroom. The program builds upon itself each year it is continued at a school site. Data taken from year to year is compared to determine if implemented BMPs have had an effect. Additionally, once the initial SWPPP Plan has been written, future interns can focus on implementing more complicated BMPs. U1'.!!ff Programs. LLC Proposal: City of Carlsbad 2 Exhibit "A" ENV1586 . Programs, LLC The SWPPP Program is divided into three phases through the school year: 1) Phase 1: Research and Education 2) Phase 2: Data Collection, Evaluation and Plan Formation 3) Phase 3: Plan Completion, Implementation and Reporting Phase 1: Research and Education Phase one will focus on the following: A) Understanding of the types and causes of pollution going into the storm drain system -primarily as it relates to the school's campus. This will include awareness of on-site pollution sources such as: TSS (Total Suspended Solids), oil and grease, food waste (identified by in a bio oxygen demand test), fertilizers (we test for nitrates and nitrites) and water salinity comparing the impact of reclaimed water use. B) Understanding of the impact those pollutants have in our environment. C) Review how these pollutants get from our school to the ocean. We start this section by reviewing the watershed concept. We then move to study on-site drainage plans and city drainage plans to the outfalls. Using blueprints, interns identify storm drains and underground drainage infrastructure and where they tie into the city's storm drain system. Using city maps, we follow the flow of stormwater through the public system and to the outfall. D) Prior to the first rain event we will collect pH data from water samples. Students will look for opportunities to gather on-site water samples for testing (urban drool from irrigation). E) Each class will be divided into teams and be assigned to one of five drain groups: parking lot, high traffic, roof, lunch area, and field. Each drain group will have a catch basin within their section to analyze. Each team will maintain scientific data as it relates to their section, including: site observations, projections of findings from testing, water sample test results, notes, ideas for improvement and actions taken. Phase one includes an educational field trip. Traveling by bus, interns will follow the stormwater system infrastructure as it leads from their school site to the ocean outfall. Samples will be taken where the water discharges into the ocean. The field trip concludes at a lab where students will deliver the samples and learn how water testing is conducted. Phase 2: Data Collection, Analysis and Plan Formation During the next six weeks (rainy season), interns will gather and record storm drain and runoff data. fq:JJM Progra ms.1.rc: 3 Proposal: City of Carlsbad Exhibit "A" ENV1586 Programs, LLC Phase two will focus on the following: A) A key part of data collection is water sampling. Students will gather water samples during the first rain event of the year. The samples will be taken to the lab where they will be tested. The lab results will be discussed and added into each student's data file. B) Monthly observations will be made before and during rain events. Interns will observe assigned on-site drains, as well as the surface areas to identify pollution sources. C) Students will add the lab results of the initial rain collection to their data to strengthen their hypothesis naming the pollutant sources. When students return from winter break, in-class sample testing continues and interns begin planning how to improve results from water testing. Interns will: 1) Discuss strategies and systems to prevent pollution from entering storm drains. 2) Begin developing a plan to reduce pollution entering storm drains before and during rain events. 3) Create non-structural BMPs (education piece for the campus population) to address why and how the school will reduce stormwater pollution. 4) Create outline for campus SWPPP document. In phase two, local and state experts are invited to make presentations regarding water quality, BMPs and stormwater regulations. In addition to introducing the community to the students' activities, connecting industry professionals to the SWPPP interns creates a window into a career path that might otherwise be obscured. Phase 3: Plan Completion, Implementation and Reporting Students return from spring break and head for the final weeks of school. Phase three will focus on the following: A) Presentation of non-structural BMPs to campus population. This might include assemblies, signage, videos, letters to teachers and parents or school announcments. B) Begin implementing BMPs identified in the plan to reduce stormwater pollution (i.e. cleaning catch basins). C) On-going data collection, including recording any behavior changes in the campus population because of the education. D) Create a final SWPPP document. E) Make a presentation to the school principal. F) Make a presentation to the School Board of Trustees. G) Prepare final conclusions and recommendations for the next year's SWPPP interns. @~t~Uf ProgTams, LLC Proposal: City of Carlsbad 4 Exhibit "A" ENV1586 Programs, LLC An important skill we hope to provide in this program is the ability to articulate information to groups of people to foster positive change. This skill will be developed as students impart the non-structural BMPs to the school site community and with the presentations to the principal and to the School Board. We will also include an intern- driven presentation to the Carlsbad City Council. SCOPE OF SERVICES An important feature for the City of Carlsbad will repositioning and expanding the idea of waste from solid waste and water waste to include pollutants being carried into our stormwater system. These pollutants will be defined as waste in the SWPPP program. These wastes include: litter in its many forms, excessive/wasteful use of fertilizers, food waste that is left or dropped on the ground, hazardous waste that is not properly stored or disposed of, and oil and grease from spills in the parking lot are several examples of pollutants that impact our water ways. BCK will establish and complete a SWPPP Internship Program at a Carlsbad Unified School District (CUSD) location. The SWPPP Internship program includes, Program Description, Phase 1: Research and Education, Phase 2: Data Collection, Analysis and Plan Formation, Phase 3: Plan Completion, Implementation and Reporting as described above in this proposal. Initial work will begin immediately after a signed agreement and the program will be conducted in the 2017-18 School year that starts in September of 2017. BCK principals will work with the City and the CUSD to select the school site that is both enthusiastic about offering the programs and located in an area of concern for stormwater discharge. At the conclusion of SWPPP Internship, the SWPPP Interns will make a final presentation of their SWPPP to the Carlsbad Unified School District Board. In addition, BCK will search for community partners to assist in financing expenses. These expenses include water sampling testing, field trip transportation and the necessary equipment for testing. BCK will purchase program equipment such as coolers, safety glasses, containers, clipboards, in-class sampling material and other supplies. 15 days after the presentation to the school Board, BCK will produce a summary of the program results. This will be in addition to the completed SWPPP. The summary will include the number of students reached, number of parents reached, results of non-structural BMP that were implemented and how water quality was improved. Utit!Programs.LLC Proposal: City of Carlsbad 5 Exhibit "A" ENV1586 Programs, LLC PROGRAM COSTS The cost for the 2017-2018 SWPPP Internship Program as detailed below, is $30,005. The SWPPP Internship Program will not exceed this cost. SWPPP Internship Fee Schedule BCK Standard Rate Schedule (for Key Project Personnel) Person Company Project Role Title Rate Bill Dean Pri!'lcipal Program Manage• $85 Program Suppcrt Camille Sowinski Principal Program Manager $85 Program Support Kathy Hacker Principal C;;rric"!Um $85 Program Instructor Heidi Martin Instructor Program ,r.st,.;ctor S85 Support BCK Hours for SWPPP Internship Program Estimated Hours TOTALS Program Program Support Curriculum Instructor Supporting TOTAL ESt Materials {$) TOTAL (SJ Manager Instructor Hours SWPPP Internship 80 40 30 '75 28 353 n.'c $30.005 GRAND TOTAL: $30,005 Descripition of Materials SWPPP Internship Pri,.,tng cos1S for student createo educat,onal materials ana fh-:al SWPPP. Field Trip Transportaton, La!:> Tests. colfection eq.,ipment These Matefia, expenses wH be provided at r,o Charge to the City of Carlsbad. BCK will invoice monthly for the hours spent working on the Carlsbad School SWPPP Internship. The total amount is not to exceed $30,005.00 Respectfully submitted Bill Dea CEO, BCK Programs, LLC t~ffl! Programs. LLC Proposal: City of Carlsbad 6