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HomeMy WebLinkAboutBCK Programs LLC; 2021-07-22; PSA22-1547ENVPSA22-1547ENV City Attorney Approved Version 6/12/18 1 AGREEMENT FOR WATERSHED EDUCATION IN CARLSBAD SCHOOLS BCK PROGRAMS, LLC THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and BCK Programs, LLC, a California limited liability company ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in stormwater pollution prevention outreach and education. B. Contractor has the necessary experience in providing professional services and advice related to stormwater pollution prevention outreach and education. 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 four (4) 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-four thousand nine hundred dollars ($34,900). 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-five thousand dollars ($35,000) 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". DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE 22ndJuly PSA22-1547ENV City Attorney Approved Version 6/12/18 2 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 DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE PSA22-1547ENV City Attorney Approved Version 6/12/18 3 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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 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. DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE PSA22-1547ENV City Attorney Approved Version 6/12/18 4 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 For Contractor Name Tim Murphy Name Kathy Hacker Title Senior Program Manager Title Managing Partner Department Environmental Management Address 1283 Caminito Septimo City of Carlsbad Cardiff, CA 92007 Address 1635 Faraday Avenue Phone No. 760-822-5733 Carlsbad, CA 92008 Email kathy@bckprograms.com Phone No. 760-602-7587 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. /// /// /// DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE PSA22-1547ENV City Attorney Approved Version 6/12/18 5 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 categories. Yes No 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 DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE PSA22-1547ENV City Attorney Approved Version 6/12/18 6 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 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. DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE PSA22-1547ENV City Attorney Approved Version 6/12/18 7 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 CITY OF CARLSBAD, a municipal corporation of the State of California BCK PROGRAMS, LLC, a California limited liability company By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Kathy Hacker, Managing Partner (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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE To:Tim Murphy From:Kathy Hacker Date: July 2, 2021 Subject: Scope of Work: Watershed Education in Carlsbad Schools 1. 2020-2021 Recap: Modified Work - Many Achievements In the 2020-2021 school year, BCK set out to accomplish even more stormwater pollution prevention outreach and education in Carlsbad than in previous years by expanding our programing from one school to three schools. Due to safety precautions resulting from the COVID-19 pandemic, BCK staff was limited to delivering our programming entirely remotely. Even with that hurdle, BCK established strong partnerships with Carlsbad Unified School District administrators and teachers, and realized student outcomes that not only met, but in many ways exceeded our original goals. BCK carried out the Trash Amendment Action Plan (TrAAP) in two schools, Kelly Elementary and Seaside Academy, with a total of about 150 students participating, ranging in grade level from 5th to 7th. We provided teachers with a comprehensive digital curriculum that allowed students to move through the program independently, and virtually visited the class through Zoom on several occasions to Scope of Work for Watershed Education in Carlsbad Schools 1 PSA22-1547ENV Exhibit "A" DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE check in on students’ progress. Students made litter observations in their neighborhoods and developed education campaigns to eliminate litter. One added benefit of students participating from home was that litter observations and BMPs were accomplished throughout the city of Carlsbad, rather than at just the two school sites. Additionally, students often involved their families in their BMPs, further broadening their outreach efforts. The program culminated with a Zoom presentation to city staff to present their projects and recommendations. Similar to TrAAP, students participated in our abbreviated SWPPP Internship program while learning from home. SWPPP was implemented at Sage Creek High School in a Marine Science class with approximately 90 students. Students were tasked to observe a storm drain near their home, learn about common stormwater pollutants, conduct a “mock” sample testing using an at-home test kit, and develop BMPs for their drain. For their class final, students made presentations to explain their BMPs and provide an implementation plan. Some of the students' ideas were so impressive that BCK will make sure they come to life (for example one student plans to hold a stormwater pollution prevention workshop at her school to educate her peers as well as school staff on the harms of stormwater pollution). BCK succeeded in our goal of increasing our overall reach by expanding from one school to three, and through our teacher partnerships the actual number of students participating was exponential in comparison to our initial expectations. In previous years, our SWPPP program operated as an “opt in” club that garnered up to 30 participants throughout the school year. This year, simply through embedding within the classroom, we increased participation to around 240 students, and also reached families on a much broader scale than ever before. 2. 2021 - 2022 Overview For the upcoming school year, BCK plans to continue our model of embedding within the classroom (where possible) to maximize stormwater pollution prevention outreach. We propose to increase our programming from three schools to four new schools (or teachers), and to provide support to the teachers we worked with in the previous school year so that they can implement the programs again this year. In total, BCK strives to implement watershed education programs at seven schools/teachers. In addition to the TrAAP and SWPPP programs carried out last year, we plan to add programming that includes dry weather runoff (Dry Weather Runoff Action Plan, DWRAP) and we will specifically assist in promoting Carlsbad’s messaging around responsible irrigation strategies. Scope of Work for Watershed Education in Carlsbad Schools 2 PSA22-1547ENV Exhibit "A" DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE BCK’s watershed protection programs cover a spectrum of relevant and timely water quality issues with content that includes pollution prevention requirements of every municipality in California. While classes will be taught on campus, the focus area will expand beyond the school grounds and into the students’ surrounding neighborhoods. Each six-session program focuses on a pressing water quality topic such as stormwater pollution, dry weather urban runoff or small particle litter as identified in California’s Trash Amendments. As with all BCK programming, students will collect and examine data from both their school site and in their neighborhoods, analyze their collected data with input from industry experts or city engineers and then create and implement meaningful Best Management Practices (BMPs) through the lens of watershed protection.Students gain a sense of accomplishment as they positively influence their peers and the greater community with outreach messages that so often mirror that of the municipal government. 3. 2021 - 2022 Scope of Work 3.1 General Program Descriptions All three watershed education programs will include six lessons/actions and will follow a similar format, however the activities and data collection are unique to each program. For example, litter data is collected for TrAAP, irrigation checks are included in DWRAP, and storm drain observations are conducted in SWPPP. Since all three programs follow the same general outline, the topics discussed below will be included in each program. - Students are introduced to their local watershed, its habitat and uses, stormwater and the infrastructure that carries the water unfiltered through the watershed. Students identify where their school and home is located within their watershed and the path storm water takes to the receiving waterbody. Students identify nearby storm drains, downspouts and culverts and make initial observations. - Students collect data on campus or at their home to determine if pollutants are present in runoff samples or if litter is creating a hotspot destined to enter the storm drain. Students will determine the source of the pollutants as well as why they are specifically harmful in the waterways. - Students hear from a professional about Carlsbad’s most pressing pollution issues, how the city is combating them and how citizens can assist in watershed protection. Students learn about successful public campaigns and successful structural BMPs and begin to create mitigation plans of their own. Scope of Work for Watershed Education in Carlsbad Schools 3 PSA22-1547ENV Exhibit "A" DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE - Students develop and begin to implement their BMPs with the guidance of BCK instructors and other professionals. - With the BMPs in place students will collect data regarding the efficacy of the solutions. Students may choose to improve upon their initial plans at this point and collect follow up data. - Students will discuss the successes and challenges of their BMPs, memorialize their projects for inclusion in an official project report and begin working on a presentation to city leaders about what they learned and what BMPs they would recommend. Also because each of the three programs follows a similar format, BCK staff will perform similar tasks in program implementation. The following tasks will be completed for each program: - Coordinate with school district administrators to select new schools or teachers to host the program, - Create a 6-lesson curriculum for each program (3 programs @ 6-lessons per program = 18 lessons total) that includes both school and home actions -Note:Last year’s schools completed at-home versions of SWPPP and TrAAP, so the curriculum will be modified to include a school component, - Hold at least one teacher training for each new program and provide the program curriculum, - Conduct up to two class/site visits per school (four new schools and last year’s three schools – Kelly, Seaside, Sage Creek) to introduce the program, check on progress and to provide professional perspective, - Purchase, prep and deliver materials for sample testing or litter pick-up to new school sites and replenish materials for schools continuing the programs. - Coordinate a final presentation with city, school staff, and students, including providing student support to prepare for the presentation, - Follow-up with teachers and students on implementation of longer-term/ larger scale BMPs as needed, and - Prepare a final report to memorialize the student's data and recommendations (one report per program – SWPPP, TrAAP, and DWRAP). Scope of Work for Watershed Education in Carlsbad Schools 4 PSA22-1547ENV Exhibit "A" DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE 3.2 Specific Program Descriptions 3.2.1 SWPPP (6-session program) BCK proposes to conduct a 6-session version of the SWPPP Internship program at one new school (or teacher). With the main focus of SWPPP being stormwater pollution prevention, students will make visual observations at storm drains at their school and at home, take on the role of watershed professionals by maintaining storm drains and taking stormwater samples, and will develop BMPs for their school campus and at home to improve water quality. 3.2.2 Trash Amendment Action Plan - TrAAP (6-session program) BCK proposes to conduct a 6-session TrAAP program at one new school (or teacher). The TrAAP program focuses exclusively on litter identification and prevention. Students will conduct litter observations at school and at home to identify hot spots and types of litter, develop campaign strategies and/or other BMPs to bring awareness to the trash problem and to discourage littering, implement their BMP in their targeted hot spot areas for one week, then conduct a final observation to evaluate the effectiveness of their BMP. 3.2.3 Dry Weather Runoff Action Plan - DWRAP (6-session program) BCK proposes to conduct a 6-session DWRAP program at two new schools. The DWRAP program highlights some common contributors to dry weather runoff, otherwise known as urban drool, like irrigation overflow and car washing. Students will conduct irrigation system checks at school and at home, evaluate car washing habits of their families, collect and test samples of urban drool from their neighborhood, and develop and implement campaigns to reduce urban drool both at school and in their neighborhoods. 3.2.4 Continued Program Support For 2020 Participants Last year, BCK facilitated the TrAAP and SWPPP programs at three schools in Carlsbad, with positive feedback from teachers to continue the program the following year. In order to maintain the program integrity and outcomes, BCK proposes a task devoted to program support for those previous teachers. BCK will provide the teachers with updated curriculum, provide TrAAP teachers with Scope of Work for Watershed Education in Carlsbad Schools 5 PSA22-1547ENV Exhibit "A" DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE customized school maps for litter data collection, conduct up to two classroom visits to introduce the program and check on progress, assist with data analysis as needed, and replenish program materials. 4. Program Costs Watershed Education Program Cost1 SWPPP (6-session program) (1 school) $7,755 Trash Amendment Action Plan (6-session program) (1 school) $7,755 Dry Weather Runoff Action Plan (6-session program) (2 schools) $11,6352 Continued Program Support For 2020 Participants (3 schools) $7,755 Total $34,900 2 Price of two schools is discounted because of efficiencies in running two programs concurrently. 1 All costs include BCK staff labor and materials Scope of Work for Watershed Education in Carlsbad Schools 6 PSA22-1547ENV Exhibit "A" DocuSign Envelope ID: 2C526FCC-1C28-458D-BE42-4FD1968BF6AE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? 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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 IN ACCORDANCE 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. 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). 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 7/6/2021 License # 0757776 (442) 244-6927 (760) 804-0942 11000 BCK Programs, LLC 3115 Verde Ave. Carlsbad, CA 92009 34690 25895 A 2,000,000 X X 72SBABA4242 6/19/2021 6/19/2022 1,000,000 10,000 2,000,000 4,000,000 4,000,000 2,000,000A 72SBABA4242 6/19/2021 6/19/2022 B X 72WECAA3GNI 6/19/2021 6/19/2022 1,000,000 1,000,000 1,000,000 C Professional Liabili SP 1566772D 6/19/2021 Ded: $1,000 1,000,000 City of Carlsbad/CMWD 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 general liability 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 947 Murrieta, CA 92564 BCKPROG-01 DBABCOCK Carlsbad, CA-HUB International Insurance Services Inc. 1525 Faraday Avenue Suite 200 Carlsbad, CA 92008 Maggie Perez maggie.perez@hubinternational.com Sentinel Insurance Company, Ltd. Hartford Property and Casualty United States Liability Insurance X 6/19/2022 X X X X 72 SBA BA4242 ADDITIONAL INSURED - PERSON-ORGANIZATION LOC:001 BLDG:001 CITY OF CARLSBAD, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS ATTN: CONTRACT ADMINISTRATION 1635 FARADAY AVENUE CARLSBAD, CA 92008 CITY OF ESCONDIDO, ITS OFFICIALS, EMPLOYEES, AND VOLUNTEERS UTILITIES ADMINISTRATION ATTN: JILL THERIOT 201 N. BROADWAY ESCONDIDO, CA 92025 CITY OF ENCINITAS, ITS OFFICERS, ELECTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ATENTION: BILL WILSON 505 S VULCAN AVENUE ENCINITAS CA 92024 CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICE PO BOX 4668 / ECM # 35050 NEW YORK, NY 10163 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT ITS BOARD, OFFICERS, AGENTS AND EMPLOYEES 710 ENCINITAS BLVD ENCINITAS, CA 92024 CITY OF SAN MARCOS REED THORNBERRY, STORMWATER PROGRAM MGR. 1 CIVIC CENTER DR SAN MARCOS, CA 92069 THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS 1 WEST CAMPBELL AVENUE #H73 CAMPBELL, CA 95008-1039 001 001 (CONTINUED ON NEXT PAGE) 03/31/21 06/19/22 72 SBA BA4242 ADDITIONAL INSURED - PERSON-ORGANIZATION 001 002 (CONTINUED ON NEXT PAGE) 03/31/21 06/19/22 72 SBA BA4242 ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR LOC 001 BLDG 001 CITY OF CARLSBAD ATTN: CONTRACT ADMINISTRATION 1635 FARADAY AVE CARLSBAD, CA 92008 LOC001 BLDG001 THE CITY OF OCEANSIDE RISK MANAGEMENT 300 NORTH COAST HWY OCEANSIDE, CA 92054 LOC001 BLDG001 NATIONAL SCHOOL DISTRICT 1500 N AVENUE NATIONAL CITY, CA 91950 002 001 (CONTINUED ON NEXT PAGE) 03/31/21 06/19/22 72 SBA BA4242 WAIVER OF SUBROGATION CITY OF ENCINITAS, ITS OFFICERS, ELECTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ATENTION: BILL WILSON 505 S VULCAN AVENUE ENCINITAS CA 92024 LOC001 BLDG001 NATIONAL SCHOOL DISTRICT 1500 N AVENUE NATIONAL CITY, CA 91950 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT DOUGLAS GILBERT DIRECTOR OF PURCHASING 684 REQUEZA ST ENCINITAS CA 92024 CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICE PO BOX 4668 / ECM # 35050 NEW YORK, NY 10163 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT ITS BOARD, OFFICERS, AGENTS AND EMPLOYEES 710 ENCINITAS BLVD ENCINITAS, CA 92024 003 001 (CONTINUED ON NEXT PAGE) 03/31/21 06/19/22 Policy #72SBABA4242 Policy #72SBABA4242 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:05/10/21 Policy Expiration Date:06/19/22 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEC AA3GNI Endorsement Number:Effective Date:06/19/21 Effective hour is the same as stated on the Information Page of the policy.Named Insured and Address:BCK PROGRAMS, LLC.3115 VERDE AVECARLSBAD CA 92009 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ourright against the person or organization named in the Schedule. (This agreement applies only to the extent that youperform 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 workdescribed in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights fromus