HomeMy WebLinkAboutItem 09 - Agreement with IWMA & Central Coast Partners for Community Based Social Marketing
Department Name: Administration /IT
Cost Center: 1005
For Agenda of: October 22, 2019
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Freddy Otte, Biologist
SUBJECT: AGREEMENT WITH INTEGRATED WASTE MANAGEMENT AUTHORITY
AND CENTRAL COAST PARTNERS TO SUPPORT COMMUNITY BASED
SOCIAL MARKETING TO EDUCATE THE COMMUNITY ON THE TRASH
IMPACTS ON THE ENVIRONMENT
RECOMMENDATION
1. Authorize entering into an agreement with the Integrated Waste Management Authority
(IWMA) to help raise awareness of proper trash disposal and educate the community on
ways they can help (Attachment A); and
2. Authorize entering into an agreement with the Central Coast Partners for Water Quality
(CCPWQ) to formalize the partnership amongst the agencies (Attachment B); and
3. Adopt a Resolution adding the Trash Community Based Social Marketing (CBSM)
marketing campaign to the FY 19-21 Financial Plan and accepting $25,000 from IWMA
(Attachment C).
DISCUSSION
On April 30, 2003, the State Water Board adopted Water Quality Order No. 2003-005-DWQ,
NPDES General Permit CAS000004 WDRs for Stormwater Discharges from Small Municipal
Separate Storm Sewer Systems (General Permit) to comply with Clean Water Act section
402(p)(6). In anticipation of these requirements, the cities of San Luis Obispo, Morro Bay, Pismo
Beach, Atascadero, Arroyo Grande, El Paso De Robles, Grover Beach and the County of San
Luis Obispo, began working together and subsequently formed the Central Coast Partners for
Water Quality (CCPWQ) in order to achieve regional cooperation and efficiency in the
implementation of the MS4 NPDES regulations.
On February 5, 2013, the State Water Resources Control Board adopted Water Quality Order
No. 2013-0001-DWQ National Pollutant Discharge Elimination System (NPDES) General
Permit No. CAS000004, which modifies the previous General Permit, Order 2003-0005-DWQ.
This Order establishes stormwater management program requirements and defines the minimum
acceptable elements of municipal stormwater management programs, unless otherwise amended.
In and for the mutual interest of the CCPWQ, the CCPWQ wish to continue to implement the
collective work of the Central Coast Partners for Water Quality by entering into this Agreement
(Attachment B) for the purpose of cooperating to efficiently and economically comply with the
Community Based Social Marketing Program (CBSM Program) NPDES permit requirements.
Packet Page 89
Item 9
The City of San Luis Obispo is under the permit guidance of the State Water Boards General
Stormwater Permit and one of the program elements in the permit is the Community Based Social
Marketing; Attachment E of the General Permit (Attachment D). The CBSM Program is an effort to
identify a pollutant of concern, develop a regional marketing and outreach campaign to raise the
awareness of the community and change behaviors of the community in support of attenuating that
pollutant.
The initial effort undertaken by CCPWQ was launched in 2014 and was focused on pet waste. An
education campaign was launched with media outreach, signs were installed on the sides of RTA
buses and booths were established at outside community events to raise public awareness of the
environmental impacts of not picking up after their dogs. A pilot program was launched in the
Spanish Oaks neighborhood where educational signage was placed along a popular walking trail
informing residents of the harm dog poop poses to the environment. Flags were placed at each pile
that had not been picked up to highlight how many piles of dog poop were left along the trail. The
next effort was to remove all the abandoned dog poop piles and distribute trash cans with mutt-mitts
attached as resources to further enable the trail users to pick up after their dog. This program has
been incredibly successful and is still underway.
With the upcoming Trash Policy as identified in the 13383 Letter received from the State Water
Board on June 1, 2017, the CCPWQ decided to transition away from pet waste as the pollutant of
concern and is now focusing on trash. A new education and outreach campaign needs to be
developed with measurable goals and effectiveness assessments to document the change in behavior
for the community. There was synergy identified by partnering with the Integrated Waste
Management Authority (IWMA) to advance all agencies goals and objectives. A proposal from the
CCPWQ group was accepted into the annual budget of the IWMA and now, with the San Luis
Obispo City Biologist being the chair of the CCPWQ group, CCPWQ is looking to enter into the
Agreement for services with IWMA. (Attachment A) The $25,000 approved from IWMA’s budget
will help to offset costs that would have been borne solely by the CCPWQ since the CBSM
campaign is a requirement for compliance in the Stormwater Program.
Policy Context
This program will keep the City of San Luis Obispo and the CCPWQ in compliance with the
regulatory requirements of the General Stormwater Permit (Water Quality Order No. 2013-0001-
DWQ). Title 40 of the Code of Federal Regulations (40 C.F.R.) Section 122.26(b)(16) defines
the requirements of small MS4s (Municipal Separate Storm Sewer Systems).
Public Engagement
Initial public engagement for the CBSM Program is detailed in the discussion above and this
program element of the General Stormwater Permit is designed to engage the public. The funds
from IWMA will assist the CCPWQ in selecting a media and outreach firm to advance the public
engagement in support of the new regional Trash CBSM Program campaign.
Packet Page 90
Item 9
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: $1,000 Budget Year: 2019-2020
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $1,000 $1,000
State
Federal
Fees
Other Funding
From IWMA:
$25,000
Total $26,000 $ $ $1,000
The fiscal impact of this agreement is minor in staff time and is an effort that would have to be
undertaken anyway since this is a regulatory requirement of the statewide General Stormwater
Permit. The City’s cost associated with stormwater permit compliance were budgeted as part of
the 2019-21 Financial Plan. These funds will help to secure a marketing professional for
assistance in developing the new regional outreach campaign and also assist pushing out
educational materials through social media and other traditional outlets.
ALTERNATIVES
1. Council could decide not to authorize staff to enter into the two agreement however this is
not recommended as this would require the partners in CCPWQ to identify additional funds
to pay for the media program out of the cities’ General Fund.
2. Council could defer action and ask for additional information.
Attachments:
a - IWMA Agreement
b - Central Coast Partners MOA
c - Draft Resolution
d - NPDES General Permit
Packet Page 91
Item 9
1
SAN LUIS OBISPO COUNTY
INTEGRATED WASTE MANAGEMENT AUTHORITY
AGREEMENT FOR SERVICES
This Agreement is made and entered into this _____ day of __________, 2019, by and between
the SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY (hereafter “IWMA”) and the CITY OF SAN LUIS OBISPO (hereafter
“Contractor”). IWMA and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
WITNESSETH:
WHEREAS, the IWMA is committed to preserving a healthy and sustainable
environment for San Luis Obispo County citizens of today as well as the future; and
WHEREAS, the IWMA desires to educate San Luis Obispo County citizens on the
importance of preserving a healthy and sustainable environment for current as well as future
generations; and
WHEREAS, the IWMA has the need for services in the area of community education,
community outreach, and marketing; and
WHEREAS, the Central Coast Partners for Water Quality (“Central Coast Partners”) is
comprised of the County of San Luis Obispo and a collection of cities in the County, with the
City of San Luis Obispo acting on behalf of the Central Coast Partners; and
WHEREAS, Central Coast Partners was established for the primary purpose of
educating the community on environmental issues; and
WHEREAS, Central Coast Partners is organized and equipped to carry out educational
programs and outreach efficiently and economically to complement IWMA efforts in this area;
and
WHEREAS, Central Coast Partners will be responsible for performing the Contractor’s
Obligations pursuant to the Memorandum of Agreement attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of their mutual covenants, the Parties hereto
agree as follows:
Packet Page 92
Item 9
2
1. TERM. The initial term of this Agreement shall be from July 1, 2019 to June 30, 2020
(“Initial Term"), and extendable, if agreed upon by both Parties in writing, for up to five (5) one-
year periods each, ending June 30, 2024 ("Extended Term").
2. IWMA’S OBLIGATIONS. IWMA agrees to cooperate with Contractor and Central
Coast Partners to perform the work described in this Agreement.
2.1. Compensation. IWMA shall pay Contractor $25,000 (“Yearly Amount”) for the
Initial Term, and each Extended Term, for furnishing certain services, referred to hereafter as
“Contract Deliverables” and described more fully in Exhibit A. However, with a written request by
Contractor and written approval by IWMA, this amount may be increased. Payment for the Contract
Deliverables shall be made quarterly as billed by Contractor based upon a good faith estimate of the
percentage of Contract Deliverables completed in each quarter.
2.2. Project Manager. The Executive Director or his/her designee (hereafter,
collectively referred to as “Executive Director”) shall be the Project Manager representing the
IWMA for all purposes under this Agreement. She/he shall supervise the progress and execution
of this Agreement.
3. CONTRACTOR’S OBLIGATIONS.
3.1. Project Manager. The Contractor will designate a Project Manager to coordinate
performance of this Agreement. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute Project Manager for any reason, the Project Manager
designee shall be subject to the prior written acceptance and approval by IWMA’s Executive
Director.
3.2. Reporting Requirements. The Contractor and/or Project Manager will provide
IWMA with written semi-annual progress reports due seven (7) working days after the first day
of July and first day of December (1 printed and 1 electronic copy) each year indicating:
A. Contract deliverables the Contractor has initiated and/or completed in
conjunction with IWMA during the 6-month period prior to the date of the report. Information for
this section would include the project(s) initiated, the tasks completed, problems that occurred, and
recommendations for improvements; and
B. Contract deliverables planned for the next six months. Information for this
section would include deliverables planned over the next six months and the anticipated tasks to
be completed as a part of these planned projects.
3.3. Limitation on Use of Funds. The Contractor agrees that no IWMA funds
provided as part of this Agreement will be used for political advocacy activities.
Packet Page 93
Item 9
3
3.4. Contractor’s Responsibilities Regarding Contract Deliverables.
A. The Contractor will ensure that Central Coast Partners maintains staffing
adequate to deliver the services to be provided under this Agreement.
B. Central Coast Partners will, with IWMA approval, display and disseminate
IWMA program information materials and supplies at community events in which Central Coast
Partners is a participant. The IWMA will supply Central Coast Partners with information materials
and supplies on an ongoing basis, free of charge. The Central Coast Partners will, with IWMA
approval, designate a specific appropriate place for display of IWMA information, easily visible and
accessible to the public.
4. LAWS AND REGULATIONS TO BE OBSERVED BY CONTRACTOR.
Contractor shall procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful delivery of the services to be
performed by Contractor under this Agreement. Contractor shall keep itself fully informed of all
existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees
which may affect those engaged or employed under this Agreement, and any materials used in
Contractor’s performance of or the conduct of the services under this Agreement. Contractor shall at
all times observe and comply with, and cause all of its employees to observe and comply with, all of
said laws, ordinances, regulations, orders, and decrees mentioned above. Contractor shall
immediately report to the IWMA's Executive Director in writing any discrepancy or inconsistency it
discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to
any plans, drawings, specifications, or provisions of this Agreement.
5. COPIES OF REPORTS AND INFORMATION. If IWMA requests additional copies
of reports or any other materials in addition to what the Contractor is required to furnish in
limited quantities as part of this Agreement, Contractor shall provide such additional copies as
are requested, and the IWMA shall compensate Contractor for the costs of duplication of such
copies at Contractor’s direct expense.
6. QUALIFICATIONS OF CONTRACTOR. Contractor represents that the Central Coast
Partners are qualified to furnish the services described under this Agreement. Notwithstanding
any representations, oral or written, between Parties, including any and all agents or
representatives thereof, Contractor at all times covered by the terms of this Agreement is acting
as a free and independent contractor, not as any agent of the IWMA. Any and all supervision and
direction by any IWMA official, department or body shall be only that necessary to provide
broad general outlines, and Contractor will use its own initiative and discretion in performing
details of work herein. All services provided by the Contractor listed within this Agreement are
in addition to and beyond those of any and all other contracts currently held between the IWMA
and Contractor.
Packet Page 94
Item 9
4
7. OWNERSHIP OF MATERIALS. All original drawings, plan documents, and other
materials prepared by or in possession of the Contractor as part of the work or services under
these specifications shall become the permanent property of the IWMA and shall be delivered to
the IWMA upon demand.
8. TEMPORARY SUSPENSION. The IWMA Executive Director shall have the authority
to suspend this Agreement wholly or in part, for such period as they deem necessary due to
unfavorable conditions or to the failure on the part of the Contractor and/or Central Coast Partners
to perform any provision of this Agreement. Contractor will be paid the compensation due and
payable to the date of suspension.
9. TERMINATION. The IWMA retains the right to terminate this Agreement for any
reason by notifying Contractor in writing thirty (30) days prior to termination and by paying the
compensation due and payable to the date of termination.
10. INSPECTION. Contractor shall furnish IWMA with every reasonable opportunity for
IWMA to ascertain that the services of Contractor and/or Central Coast Partners are being
performed in accordance with the requirements and intentions of this Agreement. All work done
and all materials furnished, if any, shall be subject to the IWMA Executive Director’s inspection
and approval. The inspection of such work shall not relieve Contractor of any of its obligations
to fulfill its Agreement as prescribed.
11. INTEREST OF CONTRACTOR. Contractor covenants that it presently has no
interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the services hereunder. Contractor
further covenants that, in the performance of this Agreement, no subcontractor or person having
such an interest shall be employed. Contractor certifies that no one who has or will have any
financial interest under this Agreement is an officer, board member, or employee of the IWMA.
It is hereby expressly agreed that, in the performance of the services under this Agreement,
Contractor shall be deemed an independent contractor and not an agent or employee of the
IWMA.
12. HOLD HARMLESS AND INDEMNIFICATION. Contractor shall defend,
indemnify, and hold harmless the IWMA, its officers, board members, and employees from all
claims, demands, damages, costs, expenses, judgments, attorney fees, liabilities or other losses
that may be asserted by any person or entity, including Contractor, and that arise out of or are
made in connection with the acts or omissions relating to the performance of any duty,
obligation, or work hereunder. The obligation to indemnify shall be effective and shall extend to
all such claims and losses, in their entirety, even when such claims or losses arise from the
comparative negligence of the IWMA, its officers, board members, and employees. However,
Packet Page 95
Item 9
5
this indemnity will not extend to any claims or losses arising out of the sole negligence or willful
misconduct of the IWMA, its officers, board members, and employees. It is the intent of the
Parties to provide the IWMA the fullest indemnification, defense, and hold harmless rights
allowed under the law. If any word(s) contained herein are deemed by a court to be in
contravention of applicable law, said word(s) shall be severed from this contract and the
remaining language shall be given full force and effect.
13. INSURANCE. Contractor shall provide proof of insurance in accordance with Insurance
Requirements for Consultants as described in Exhibit B, attached hereto and incorporated herein
by reference as though fully set forth.
14. AGREEMENT BINDING ON SUCCESSORS. The terms, covenants, and conditions
of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both Parties.
15. WAIVERS. The waiver by either Party of any breach or violation of any term, covenant,
or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same of any other term, covenant, condition,
ordinance, or law. The subsequent acceptance by either Party of any fee or other money, which
may become due hereunder shall not be deemed to be a waiver of any preceding breach or
violation by the other Party of any term, covenant, or condition of this Agreement or of any
applicable law or ordinance.
16. DISCRIMINATION. No discrimination shall be made in the employment of persons
under this Agreement because of the race, color, national origin, ancestry, religion, disability,
sexual orientation, or sex of such person. If Contractor is found in violation of the
nondiscrimination provisions of the State of California Fair Employment Practices Act or similar
provisions of federal law or executive order in the performance of this Agreement, it shall
thereby be found in material breach of this Agreement.
17. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon the approval of the IWMA
Executive Director.
18. COMPLETE AGREEMENT. This document represents the entire and integrated
Agreement between IWMA and Contractor and supersedes all prior negotiations,
representations, or agreements either written or oral. This document may be amended only by
written instrument, signed by both IWMA and Contractor. All provisions of this Agreement are
expressly made conditions. This Agreement shall be governed by the laws of the State of
California.
Packet Page 96
Item 9
6
19. SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is
unenforceable under applicable law, the rest of this Agreement shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated.
20. NOTICE. All notices hereunder shall be given in writing and mailed, postage prepaid,
by Certified Mail, addressed as follows:
CONTRACTOR: Central Coast Partners for Water Quality
Attn: Freddy Otte, Administration
c/o City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
IWMA: 870 Osos Street
San Luis Obispo, CA 93401
Attn: Executive Director
21. AUTHORITY TO EXECUTE AGREEMENT. Both IWMA and Contractor each
covenant that each individual executing the Agreement on behalf of each Party are persons duly
authorized and empowered to execute the Agreement for such Party and bind the Party to the
terms and conditions herein.
IN WITNESS WHEREOF, IWMA and Contractor execute this Agreement on the day
and year first above written.
SAN LUIS OBISPO COUNTY
INTEGRATED WASTE
MANAGEMENT AUTHORITY
_____________________________
Aaron Gomez, President
ATTEST:
_____________________________
Patti Toews, Program Director
APPROVED AS TO FORM:
_____________________________
Jeffrey A. Minnery, Legal Counsel
CITY OF SAN LUIS OBISPO
Derek Johnson, City Manager
By: _____________________________
Its: _____________________________
Packet Page 97
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 7 of 28
EXHIBIT A
CONTRACT DELIVERABLES
Partners for Water Quality
Community Based Social Marketing Program Deliverables
Deliverable 1: Completed media & marketing resource surveys from participating Partners
A five (5) page survey was created to inventory media and outreach platforms already in place and
resources available from Partner jurisdictions. The survey also explores potential cost sharing
options, opportunities to sustain and build a ‘media library’ for the campaign, and options for a
content calendar. The completed surveys will summarize the priorities, localization of content,
scope of earned media, and goals of each participating Partner jurisdiction.
Deliverable 2: Detailed request for quotations for marketing firms
The Partners will use the results from the survey to generate a more specific and itemized request
for quotations for a marketing firm to develop the campaign and media strategy. Issuing a specific
and itemized request for quotations will enable a direct cost comparison between responding
firms.
Deliverable 3: Detailed cost quotations received from marketing firms, and summary of proposal
rankings.
Consistent with County of San Luis Obispo purchasing policies, a minimum of two (2) quotations for
services will be necessary to award a contract. Three (3) representatives from the Partners will rank
the proposals and a summary of the rankings will be provided to IWMA.
Deliverable 4: Media campaign strategy summary from selected marketing firm.
The selected contractor will provide a media campaign strategy and summary to the Partners
and the IWMA.
Deliverable 5: Summary of campaign content created by marketing firm.
The selected contractor will provide a summary of campaign content developed for the initiative
and the media outlet/type. This will potentially include: shareable social media posts/stories,
short- content slogans, web ad banners, print ads, utility bill inserts, newsletter articles/factoids,
etc.
Deliverable 6: Projected campaign reach for Year 1 and Year 2 of campaign.
The Partners and selected contractor will provide metrics of the anticipated reach of the
campaign for the first two years of implementation. This includes the number of total
impressions (also potentially shares, likes, re-tweets, etc.) for campaign content.
City of Atascadero City of Arroyo Grande City of Grover Beach City of Morro Bay
Packet Page 98
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 8 of 28
City of Paso Robles City of Pismo Beach County of San Luis Obispo City of San Luis Obispo
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor, at its sole cost and expense, shall purchase and maintain the insurance
policies set forth below on all of its operations under this Agreement. Such policies shall be
maintained for the full term of this Agreement and the related warranty period (if applicable) and
shall provide products/completed operations coverage for four (4) years following completion of
Contractor's work under this Agreement and acceptance by the IWMA. Any failure to comply
with reporting provisions(s) of the policies referred to above shall not affect coverage provided
to the IWMA, its officers, employees, volunteers and agents. For purposes of the insurance
policies required hereunder, the term “IWMA” shall include officers, board members,
employees, volunteers and agents of the San Luis Obispo County Integrated Waste Management
Authority, individually or collectively.
1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES
The following policies shall be maintained with insurers authorized to do business in the
State of California and shall be issued under forms of policies satisfactory to the IWMA:
a. COMMERCIAL GENERAL LIABILITY INSURANCE POLICY (“CGL”)
Policy shall include coverage at least as broad as set forth in Insurance Services
Office (herein “ISO”) Commercial General Liability coverage, (Occurrence Form CG 0001) with
policy limits not less than the following:
• $1,000,000 each occurrence (combined single limit);
• $1,000,000 for personal injury liability;
• $1,000,000 aggregate for products-completed operations; and
• $1,000,000 general aggregate.
The general aggregate limits shall apply separately to Contractor’s work under this
Agreement.
b. BUSINESS AUTOMOBILE LIABILITY POLICY (“BAL”)
Policy shall include coverage at least as broad as set forth in ISO Business
Automobile Liability Coverage, Code 1 “Any Auto” (Form CA 0001). This policy shall include
a minimum combined single limit of not less than One Million Dollars ($1,000,000) for each
accident, for bodily injury, and/or property damage. Such policy shall be applicable to vehicles
used in pursuit of any of the activities associated with this Agreement. Contractor shall not
provide a Comprehensive Automobile Liability policy which specifically lists scheduled vehicles
without the express written consent of IWMA.
c. WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY INSURANCE
POLICY (“WC/EL”)
Policy shall include at least the following coverages and policy limits:
Packet Page 99
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 9 of 28
• Workers' Compensation insurance as required by the laws of the State of
California; and
• Employers’ Liability Insurance Coverage B with coverage amounts not less
than One Million Dollars ($1,000,000) each accident/Bodily Injury (“BI”); One
Million Dollars ($1,000,000) policy limit BI by disease; and One Million Dollars
($1,000,000) each employee BI by disease.
2. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles and/or self-insured retentions which apply to any of the insurance
policies referred to above shall be declared in writing by Contractor and approved by the IWMA
before work is begun pursuant to this Agreement. At the option of the IWMA, Contractor shall
either reduce or eliminate such deductibles or self-insured retentions as respects the IWMA, its
officers, board members, employees, volunteers, and agents, or shall provide a financial
guarantee satisfactory to the IWMA guaranteeing payment of losses and related investigations,
claim administration, and/or defense expenses.
3. ENDORSEMENTS
All of the following clauses and endorsements, or similar provisions, are required to be
made a part of insurance policies indicated in parentheses below:
a. A “Cross Liability,” “Severability of Interest,” or “Separation of Insureds” clause
(CGL & BAL);
b. The IWMA, its officers, board members, employees, volunteers, and agents are
hereby added as additional insureds with respect to all liabilities arising out of Contractor’s
performance of work under this Agreement (CGL & BAL);
c. If the insurance policy covers an “accident” basis, it must be changed to
“occurrence” basis (CGL & BAL);
d. This policy shall be considered primary insurance with respect to any other valid
and collectible insurance IWMA may possess, including any self-insured retention IWMA may
have, and any other insurance IWMA does possess shall be considered excess insurance only and
shall not be called upon to contribute to this insurance (CGL & BAL);
e. No cancellation or non-renewal of this policy, or reduction of coverage afforded
under the policy, shall be effective until written notice has been given at least thirty (30) days
prior to the effective date of such reduction or cancellation to IWMA at the address set forth in
the Agreement (CGL, BAL & WC/EL);
f. Contractor and its insurers shall agree to waive all rights of subrogation against the
IWMA, its officers, board members, employees, volunteers, and agents for any loss arising under
this Agreement (CGL); and
g. Deductibles and self-insured retentions must be declared (All Policies).
Packet Page 100
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 10 of 28
4. ABSENCE OF INSURANCE COVERAGE
IWMA may direct Contractor to immediately cease all activities with respect to this
Agreement if it determines that Contractor fails to carry, in full force and affect, all insurance
policies with coverages at or above the limits specified in this Agreement. Any delay or expense
caused due to stopping of work and change of insurance shall be considered Contractor's delay
and expense. At the IWMA's discretion, under conditions of lapse, the IWMA may purchase
appropriate insurance and charge all costs related to such policy to Contractor.
5. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION
Prior to commencement of work under this Agreement, and annually thereafter for the
term of this Agreement, Contractor, or each of Contractor's insurance brokers or companies,
shall provide IWMA a current copy of a Certificate of Insurance, on an Accord or similar form,
which includes complete policy coverage verification, as evidence of the stipulated coverages.
All of the insurance companies providing insurance for Contractor shall have, and provide
evidence of, A.M. Best Rating of “A-FSCVII” or above. The Certificate of Insurance and
coverage verification and all other notices related to cancellation or non-renewal shall be mailed
to IWMA.
Packet Page 101
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 11 of 28
EXHIBIT C
MEMORANDUM OF AGREEMENT
CENTRAL COAST PARTNERS FOR WATER QUALITY
This Memorandum of Agreement (“Agreement”), is made and entered into this
____________________ day of _________________, 2019, by and among the local governments
listed below, each of which is hereinafter referred to as “Permittee” or collectively as “Permittees”,
to jointly exercise powers common to each of the Permittees under the name “Central Coast
Partners for Water Quality”:
CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California;
CITY OF MORRO BAY, a municipal corporation of the State of California;
CITY OF PISMO BEACH, a municipal corporation of the State of California;
CITY OF ATASCADERO, a municipal corporation of the State of California;
CITY OF ARROYO GRANDE, a municipal corporation of the State of California;
CITY OF EL PASO DE ROBLES, a municipal corporation of the State of California;
CITY OF GROVER BEACH a municipal corporation of the State of California; and
COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California.
In addition, other organizations, including but not limited to non-traditional agencies that are subject to
similar NPDES Phase II Municipal Separate Storm Sewer System (MS4) permits, may coordinate with the
Permittees and may provide contributions to the Permittees to fulfill their regulatory requirements.
RECITALS:
A. The Federal Clean Water Act (CWA) requires certain municipalities to obtain a National Pollutant
Discharge Elimination System (NPDES) permit for the discharge of stormwater to navigable water.
NPDES permits are also required for any stormwater discharge which the Federal Environmental
Protection Agency (EPA) or a state has determined contributes to a violation of a water quality
standard or is a significant contributor of pollutants to surface waters.
B. The EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to
administer the NPDES permit process within California and, in turn, the SWRCB has delegated
authority to the California Regional Water Quality Control Board – Central Coastal Basin (Central
Coast Water Board) to administer the NPDES permit process within its region.
C. On December 8, 1999, EPA promulgated Phase II stormwater regulations under authority of the Clean
Water Act section 402(p)(6). The Phase II Storm Water requires the SWRCB to issue NPDES storm
water permits to operators of Small MS4s.
D. On April 30, 2003, the SWRCB adopted Water Quality Order No. 2003-005-DWQ, NPDES General
Permit CAS000004 WDRs for Stormwater Discharges from Small Municipal Separate Storm Sewer
Systems (General Permit) to comply with Clean Water Act section 402(p)(6).
Packet Page 102
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 12 of 28
E. In anticipation of these requirements, the Permittees began working together as the Central Coast
Partners for Water Quality in order to achieve regional cooperation and efficiency among the
Permittees in the implementation of the MS4 NPDES regulations.
F. On February 5, 2013, the SWRCB adopted Water Quality Order No. 2013-0001-DWQ National
Pollutant Discharge Elimination System (Order) General Permit No. CAS000004, which modifies the
previous General Permit, Order 2003-0005-DWQ. The Order establishes stormwater management
program requirements and defines the minimum acceptable elements of municipal stormwater
management programs, unless otherwise amended.
G. In and for the mutual interest of the Permittees, the Permittees wish to continue to implement the
collective work of the Central Coast Partners for Water Quality by entering into this Agreement for
the purpose of cooperating to efficiently and economically comply with the Community Based Social
Marketing Program (CBSM Program) NPDES permit requirements.
NOW, THEREFORE, THE PERMITTEES HERETO FURTHER AGREE, AS FOLLOWS:
Section 1. Community Based Social Marketing Program.
1.01. The Central Coast Partners for Water Quality is initiating the CBSM Program which is
intended to fulfill certain obligations of the Permittees with regard to Phase II Storm Water
NPDES requirements. These requirements are imposed through the State Water
Resources Control Board, Water Quality Order No. 2013-0001-DWQ, NPDES General
Permit No. CAS000004, adopted on February 5, 2013 and as laid out in Attachment E, of
the General Permit.
1.02. The purpose of the CBSM program is to develop and implement a public education
strategy that establishes education tasks based on water quality problems, target
audiences, and anticipated task effectiveness. The CBSM Program will focus on a specific
stormwater pollutant of concern and be designed to:
(1) Research on barriers to desired behaviors and benefits of desired behaviors (ex.
Literature review, observation, focus groups).
(2) Elicit commitment to implement desired behavior from target audience.
(3) Provide prompts reminding target audience of desired behavior.
(4) Use the concept of social norms/modeling of desired behavior.
(5) Use education messages that are specific, easy to remember, from a credible source,
and appropriate for the target audience.
(6) Create incentives for the desired behavior.
(7) Remove barriers to the desired behavior.
1.02 The CBSM Program is a collective effort and implementation of area wide CBSM
activities designed to benefit all Permittees.
Section 2. Program Administrator
The City of San Luis Obispo shall be the Program Administrator for the CBSM Program on behalf of the
Permittees.
Packet Page 103
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 13 of 28
2.01 The Program Administrator shall be responsible for CBSM Program development, and
administration and related duties. The Program Administrator shall expend the funds
budgeted for the CBSM Program in accordance with the Integrated Waste Management
Authority (IWMA) Agreement and authorize expenditure of the Permittee allocations
detailed in Attachment 1.
2.02 Work assignments shall be made to the Management Committee by the Program
Administrator in order to produce the deliverables required by the IWMA Agreement.
The Program Administrator shall not be responsible for providing program management
services related to individual Permittee’s programs.
2.03 The Program Administrator shall be responsible for awarding contracts to any
consultant(s) or contractor(s) (Outside Contractors) who are to be paid from CBSM
Program funds, and for reviewing and approving any contracts with Outside Contractors,
including the scope(s) of work, schedules of performance, use of subcontractors, and
compensation for such Outside Contractors.
2.04 The Program Administrator shall establish timelines and budgets for completion of CBSM
Program tasks with support from the Management Committee.
2.05 The Program Administrator may establish procedures for tracking, accounting for, and
auditing the CBSM Program funds.
2.06 The Program Administrator shall be the treasurer of the Program funds. The Program
Administrator, in accordance with generally-accepted accounting procedures, shall keep
the Program funds segregated from any other funds administered by the Program
Administrator; and shall not expend any funds except in accordance with the budget
approved by the Management Committee, or as otherwise directed by the Management
Committee.
2.07 The City of San Luis Obispo may withdraw as the Program Administrator upon the
provision of ninety-days’ (90-days’) written notice to the Management Committee. The
Management Committee may select a new Program Administrator upon the provision of
ninety-days’ (90-days’) written notice to Permittees.
2.08 In the event the Program Administrator withdraws from the Program or from providing
Program Administrator services to the CBSM Program, or in the event that the
Management Committee wishes to select a new Program Administrator, another Permittee
may serve as a successor Program Administrator. Any Permittee willing to serve as
successor Program Administrator may be nominated by another Permittee. Selection of
a Program Administrator must be by majority vote of the Management Committee.
Section 3. Management Committee
3.01 The Management Committee is hereby created to provide for overall CBSM Program
coordination, permit compliance, review, and budget oversight, with respect to the
NPDES Permit.
1. The Management Committee is the official management body of the CBSM
Program. The Management Committee shall consider permit compliance as the
primary objective in approving CBSM Program tasks and corresponding budgets.
Packet Page 104
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 14 of 28
2. The Management Committee shall periodically re-evaluate and make
recommendations to the Permittees concerning the annual CBSM Program
contribution that each Permittee shall allocate towards implementing the program.
3.02 The voting membership of the Management Committee shall consist of one designated
voting representative from each Permittee. An alternative voting representative shall be
appointed by each Permittee.
3.03 A quorum of the Management Committee shall be achieved when voting representatives
from at least fifty percent (50%) of the Permittees are present at any Management
Committee meeting.
3.04 The Management Committee shall be responsible for providing guidance to the Program
Administrator for Outside Contractors who are to be paid from CBSM Program funds, and
for reviewing and approving any the scope(s) of work, schedules of performance, use of
subcontractors, and compensation for such Outside Contractors.
3.05 The Management Committee shall support the Program Administrator in establishing
timelines and budgets for completion of CBSM Program tasks.
Section 4. Additional Rights and Duties of the Permittees
4.01 In addition to the participation in the Management Committee, the Permittees accept and
agree to perform the following duties:
1. Each will participate in Management Committee meetings and other required meetings
of the Permittees as detailed in Attachment 2;
2. Each will implement its share of the CBSM Program and allocate appropriate funding
to complete implementation, subject to the limitations set forth in Attachment 1;
3. Each will contribute to providing the contract deliverables necessary to develop and
implement the CBSM Program (Attachment 3) to produce a successful 5-year
campaign; and,
4. Each will individually address inter-agency issues, agreements or other cooperative
efforts.
4.2 This AGREEMENT does not restrict the Permittees from the ability to individually (or
collectively) request NPDES Permit modifications and/or initiate NPDES Permit appeals
for permit provisions to the extent that a provision affects an individual party (or group of
Permittees).
Section 5. Program Budget
5.01 A CBSM Program budget shall be created for each fiscal year. The fiscal year shall run
from July 1 through June 30. The budget shall include any grants, contributions or funds
donated to the CBSM Program, and the contributions of each Permittee, as specified in
Attachment 1.
Packet Page 105
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 15 of 28
5.02 Permittees shall provide for budgeted CBSM Program costs based upon the adopted budget
for the fiscal year and an approved cost share allocation. The Permittees shall be
responsible for their assigned portion of the CBSM Program Budget. The proportionate
share of the Program Budget for each Permittee shall be shown and specified in the adopted
fiscal year budget. Actual costs will be billed to each Permittee based on the proportionate
share allocation as detailed in Attachment 1.
Cost-sharing between Permittees shall be based on the population-based vote shares of
each participating entity that are covered by the permit, unless otherwise agreed to by the
Permittees when the budget for each year is created.
5.03 In order to ensure funding for program implementation, the Permittees have committed to
establish annual budget allocations for paid advertising and advertising services to promote
the CBSM Program during the initial 5-year term of the CBSM Program are detailed in
Attachment 1. Permittees agree to allocate, annually, no less than the annual amounts
identified in Attachment 1.
Section 6. Term of Agreement
6.01 This Agreement shall commence on the date the last Duly Authorized Representative of
the Permittees executes it, and shall continue for a period of five years, subject to the
provisions of Subsections 6.02, 6.03, and 6.04 below.
6.02 The initial five-year term of this Agreement may be extended upon the written agreement
of the Permittees for a term specified in that written agreement.
6.03 This Agreement shall terminate upon adoption of the renewed NPDES Phase II Storm
Water Permit Order that is issued to the Permittees, unless this term is extended by the
Permittees.
6.04 Any Permittee may terminate its participation in this Agreement by giving the Management
Committee at least a thirty-day (30-day) written notice. If a Permittee terminates its
participation, then the terminating Permittee will bear the full responsibility for its
compliance with the NPDES Permit CBSM Program requirements commencing on the date
it terminates its participation, including its compliance with both Community-Specific and
Program-wide responsibilities. The cost allocations for the remaining Permittees may be
recalculated for the following fiscal year by the Permittees without the withdrawing
Permittee’s participation.
Section 7. General Provisions
7.01 This Agreement supersedes any prior agreement among the Permittees regarding the
CBSM Program but does not supersede any other agreements between any of the
Permittees.
7.02 This Agreement may be amended only by written agreement of the Permittees. All
Permittees agree to adopt a proposed amendment to this Agreement within two (2) months
following acceptance of the proposed amendment by the Management Committee.
7.03 This Agreement may be executed and delivered in any number of copies ("counterpart") by
the Permittees, including by means of facsimile. When each Permittees has signed and
Packet Page 106
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 16 of 28
delivered at least one counterpart to the Program Administrator, each counterpart shall be
deemed an original and, taken together, shall constitute one and the same Agreement, which
shall be binding and effective as to the Permittees hereto.
7.04 No Permittee shall, by entering into this Agreement, participating in the Management
Committee, or agreeing to serve as Program Administrator, assume or be deemed to assume
responsibility for any other Permittees in complying with the requirements of the NPDES
Permit. This Agreement is intended solely for the convenience and benefit of the
Permittees hereto and shall not be deemed to be for the benefit of any third party and may
not be enforced by any third party, including, but not limited to, EPA, the SWRCB, and the
Central Coast Water Board, or any person acting on their behalf or in their stead.
Section 8. Hold Harmless and Indemnification
8.01 To the fullest extent permitted by law (including, but not limited to California Civil Code
Sections 2782 and 2782.8), Permittee, and each of them shall indemnify, defend, and hold
harmless the Program Administrator and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action,
claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’
fees and costs of litigation (“claims”), arising out of that Permitees performance or that
Permitees’ failure to perform its obligations under this Agreement or out of the operations
conducted by that Permitees’, including that Permitees’ active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City Indemnitees. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding arising from that Permitees’ performance of or
failure to perform this Agreement, that Permitees’ shall provide a defense to the City
Indemnitees or at the Program Administrator’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims.
8.02 To the fullest extent permitted by law (including, but not limited to California Civil Code
Sections 2782 and 2782.8), the Program Administrator shall indemnify, defend, and hold
harmless the Permittees and their elected officials, officers, employees, volunteers, and
agents (“Permittee Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees
and costs of litigation (“claims”), arising out of the Program Administrator’s performance
or the Program Administrator’s failure to perform its obligations under this Agreement or
out of the operations conducted by the Program Administrator, including the Program
Administrator’s active or passive negligence, except for such loss or damage arising from
the sole negligence or willful misconduct of the Permittee Indemnitees. In the event the
Permittee Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from the Program Administrator’s performance of or failure to perform
this Agreement, the Program Administrator shall provide a defense to the Permittee
Indemnitees or at the Permittee Indemnitees’ option, reimburse the Permittee Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims.
IN WITNESS WHEREOF, the PERMITTEES hereto have executed this AGREEMENT as of the dates
shown in the following pages.
Packet Page 107
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 17 of 28
The City of Atascadero, a municipal corporation of the State of California; agrees to participate in the
Central Coast Partners for Water Quality and designates the following staff to the Management
Committee:
City of Atascadero Primary
Representative Name
Primary Representative Signature Date
City of Atascadero Alternate
Representative Name
Alternate Representative Signature Date
City of Atascadero Approving
Party Name
Approving Party Signature Date
Packet Page 108
Item 9
City of Pismo Beach Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 18 of 28
The City of Pismo Beach, a municipal corporation of the State of California; agrees to participate in the
Central Coast Partners for Water Quality and designates the following staff to the Management Committee:
City of Pismo Beach Primary
Representative Name
Primary Representative Signature Date
City of Pismo Beach Alternate
Representative Name
Alternate Representative Signature Date
City of Pismo Beach Approving
Party Name
Approving Party Signature Date
Packet Page 109
Item 9
City of Grover Beach Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 19 of 28
The City of Grover Beach, a municipal corporation of the State of California; agrees to participate in the
Central Coast Partners for Water Quality and designates the following staff to the Management Committee:
City of Grover Beach Primary
Representative Name
Primary Representative Signature Date
City of Grover Beach Alternate
Representative Name
Alternate Representative Signature Date
City of Grover Beach
Approving Party Name
Approving Party Signature Date
Packet Page 110
Item 9
City of Arroyo Grande Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 20 of 28
The City of Arroyo Grande, a municipal corporation of the State of California; agrees to participate in the
Central Coast Partners for Water Quality and designates the following staff to the Management Committee:
City of Arroyo Grande Primary
Representative Name
Primary Representative Signature Date
City of Arroyo Grande Alternate
Representative Name
Alternate Representative Signature Date
City of Arroyo Grande
Approving Party Name
Approving Party Signature Date
Packet Page 111
Item 9
City of Morro Bay Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 21 of 28
The City of Morro Bay, a municipal corporation of the State of California; agrees to participate in the
Central Coast Partners for Water Quality and designates the following staff to the Management Committee:
City of Morro Bay Primary
Representative Name
Primary Representative Signature Date
City of Morro Bay Alternate
Representative Name
Alternate Representative Signature Date
City of Morro Bay Approving
Party Name
Approving Party Signature Date
Packet Page 112
Item 9
City of El Paso de Robles Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 22 of 28
The City of El Paso de Robles, a municipal corporation of the State of California; agrees to participate in
the Central Coast Partners for Water Quality and designates the following staff to the Management
Committee:
City of El Paso de Robles Primary
Representative Name
Primary Representative Signature Date
City of El Paso de Robles Alternate
Representative Name
Alternate Representative Signature Date
City of El Paso de Robles
Approving Party Name
Approving Party Signature Date
Packet Page 113
Item 9
City of San Luis Obispo Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 23 of 28
The City of San Luis Obispo, a municipal corporation of the State of California; agrees to participate in the
Central Coast Partners for Water Quality and designates the following staff to the Management Committee:
City of San Luis Obispo Primary
Representative Name
Primary Representative Signature Date
City of San Luis Obispo Alternate
Representative Name
Alternate Representative Signature Date
City of San Luis Obispo
Approving Party Name
Approving Party Signature Date
Packet Page 114
Item 9
Terms and Definitions
Central Coast Partners for Water Quality Memorandum of Agreement Page 24 of 28
The County of San Luis Obispo, a political subdivision of the State of California; agrees to participate in
the Central Coast Partners for Water Quality and designates the following staff to the Management
Committee:
County of San Luis Obispo Primary
Representative Name
Primary Representative Signature Date
County of San Luis Obispo Alternate
Representative Name
Alternate Representative Signature Date
County of San Luis Obispo
Approving Party Name
Approving Party Signature Date
Packet Page 115
Item 9
Attachment 1
Central Coast Partners for Water Quality Memorandum of Agreement Page 25 of 28
ATTACHMENT 1:
Budget and Permittee Allocations
Prior to the start of each fiscal year, the Management Committee and Program Administrator will prepare
a Draft Budget and submit it to the Management Committee for its review and approval. The Draft Budget
will include a proposed approach for allocation of costs (cost-sharing) to each PERMITTEE and any
contributions from entities who wish to join the CBSM Program after July 1, 2019.
The Program Administrator will revise the Draft Budget to address concerns and comments from the
Management Committee, and the Management Committee will then approve and adopt a Budget for the
fiscal year.
The Program Administrator and the PERMITTEES recognize that the budget will be based on estimated
costs, and that actual costs may differ from the budgeted amounts. If it appears that costs associated with
meeting CBSM Program goals or targets will exceed the budgeted amounts, the Program Administrator
will notify the Management Committee. If the Management Committee determines it is appropriate to
incur additional costs above the budgeted amounts, then staff will prepare a budget revision and provide it
to the Management Committee for approval to increase the budget.
In order to implement a successful outreach campaign associated with the CBSM Program, the
PERMITTEES agree to establish annual budget allocations in amounts not-to-exceed Table 1 below.
PERMITTEES will provide annual funding for paid advertising (media buys) and advertising services
where actual costs will be paid out based upon the approved cost share breakdown.
These financial allocations are distinct and separate from any earned media appearances or promotions, and
are not transferrable. These allocations may be increased as determined by each PERMITTEE. Reductions
to allocations may be made with a vote of approval from the Management Committee.
TABLE 1
Permittee Annual allocation
City of Arroyo Grande $600.00
City of Atascadero $1,000.00
City of Grover Beach $750.00
City of Pismo Beach $600.00
City of Morro Bay $500.00
City of San Luis Obispo $1,000.00
City of Paso Robles $1,000.00
County of San Luis Obispo $3,500.00
Total:
$9,050.00
Packet Page 116
Item 9
Attachment 1
Central Coast Partners for Water Quality Memorandum of Agreement Page 26 of 28
Potential Permittee Cost Share Breakdown for Paid Marketing
Population metrics from State of California Department of Finance Population estimates updated on
January 1, 2019. http://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-1/
Population
January 1, 2019
% of total
population
Rounded %
of Total
Previous
(2014) Cost
Share %
Arroyo Grande 17,876 6.4% 6% 6%
Atascadero 30,405 10.8% 11% 9%
El Paso de Robles 31,244 11.1% 11% 9%
Grover Beach 13,533 4.8% 5% 4%
Morro Bay 10,439 3.7% 3% 3%
Pismo Beach 8,239 2.9% 3% 3%
San Luis Obispo 46,802 16.7% 17% 14%
Balance of County 121,855 43.5% 44% 52%*
Total 280,393 100% 100%
The 2014 Cost Share model included City of Santa Maria at 32% and County at 20%-- for these purposes
shown as 52% that would have been the County’s responsibility. This model excludes Santa Maria as
their interest is unknown.
Packet Page 117
Item 9
Attachment 2
Central Coast Partners for Water Quality Memorandum of Agreement Page 27 of 28
ATTACHMENT 2
Terms and Definitions
Representation: Representation from each PERMITTEE will be the Primary member or Alternate
member, as selected by each PERMITTEE, and if that person is unable to attend, he or she will notify the
Partners in advance by email naming their designated alternate representative for that meeting.
Voting: Each PERMITTEE shall have one vote; provided, that any PERMITTEE can call for a vote on
any issue. Any action of the Management Committee shall require the affirmative vote of at least fifty
percent (50%) of the Management Committee members.
Meeting Schedule: Meetings will normally be at 1:30PM on the third Thursday of each month, unless
changed by the Management Committee.
Starting Time: Meetings will start promptly at the designated starting time. Any PERMITTEE
representative who knows he/she will be unable to attend, or will be late, will notify the Program
Administrator, so as not to delay starting the meeting.
Future Members: If additional entities wish to join with the other PARTIES by entering into this
AGREEMENT and participating in the CBSM Program, then the Management Committee will determine
an appropriate method of calculating a “buy-in” cost to be paid by the new entity wishing to become a
member. This buy-in cost shall at a minimum include:
a. The full amount the new entity would have paid, if it had been a PERMITTEE as of July
1, 2019, and,
b. A pro-rata deduction for the remainder of the fiscal year budget, or some other method
deemed appropriate by the Management Committee.
Packet Page 118
Item 9
Attachment 4
Central Coast Partners for Water Quality Memorandum of Agreement Page 28 of 28
ATTACHMENT 3
CBSM Program Deliverables to San Luis Obispo Integrated Waste
Management Authority (IWMA)
Partners for Water Quality
Community Based Social Marketing Program Deliverables
Deliverable 1: Completed media & marketing resource surveys from participating Partners
A five (5) page survey was created to inventory media and outreach platforms already in place and
resources available from Partner jurisdictions. The survey also explores potential cost sharing
options, opportunities to sustain and build a ‘media library’ for the campaign, and options for a
content calendar. The completed surveys will summarize the priorities, localization of content,
scope of earned media, and goals of each participating Partner jurisdiction.
Deliverable 2: Detailed request for quotations for marketing firms
The Partners will use the results from the survey to generate a more specific and itemized request
for quotations for a marketing firm to develop the campaign and media strategy. Issuing a specific
and itemized request for quotations will enable a direct cost comparison between responding
firms.
Deliverable 3: Detailed cost quotations received from marketing firms, and summary of proposal
rankings.
Consistent with County of San Luis Obispo purchasing policies, a minimum of two (2) quotations for
services will be necessary to award a contract. Three (3) representatives from the Partners will rank
the proposals and a summary of the rankings will be provided to IWMA.
Deliverable 4: Media campaign strategy summary from selected marketing firm.
The selected contractor will provide a media campaign strategy and summary to the Partners
and the IWMA.
Deliverable 5: Summary of campaign content created by marketing firm.
The selected contractor will provide a summary of campaign content developed for the initiative
and the media outlet/type. This will potentially include: shareable social media posts/stories,
short- content slogans, web ad banners, print ads, utility bill inserts, newsletter articles/factoids,
etc.
Deliverable 6: Projected campaign reach for Year 1 and Year 2 of campaign.
The Partners and selected contractor will provide metrics of the anticipated reach of the
campaign for the first two years of implementation. This includes the number of total
impressions (also potentially shares, likes, re-tweets, etc.) for campaign content.
Packet Page 119
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 1 of 18
MEMORANDUM OF AGREEMENT
CENTRAL COAST PARTNERS FOR WATER QUALITY
THIS Memorandum of Agreement (“AGREEMENT”), is made and entered into this
____________________ day of _________________, 2019, by and between the CENTRAL
COAST PARTNERS FOR WATER QUALITY, an affiliation of the local government
representatives listed below, each of which is hereinafter referred to as “PERMITTEE” or
collectively as “PERMITTEES”:
CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California;
CITY OF MORRO BAY, a municipal corporation of the State of California;
CITY OF PISMO BEACH, a municipal corporation of the State of California;
CITY OF ATASCADERO, a municipal corporation of the State of California;
CITY OF ARROYO GRANDE, a municipal corporation of the State of California;
CITY OF EL PASO DE ROBLES, a municipal corporation of the State of California;
CITY OF GROVER BEACH a municipal corporation of the State of California; and
COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California.
The PARTNERS and the above-mentioned entities may also hereinafter be collectively referred
to as "PARTIES" or individually as "PARTY," to form the Central Coast Partners for Water
Quality
In addition, other organizations, including but not limited to non-traditional agencies that are
subject to similar NPDES Phase II Municipal Separate Storm Sewer System (MS4) permits, may
coordinate with the Central Coast Partners for Water Quality and may provide contributions to
the Partners to fulfill their regulatory requirements.
RECITALS:
A. The Federal Clean Water Act (CWA) requires certain municipalities to obtain a National
Pollutant Discharge Elimination System (NPDES) permit for the discharge of stormwater to
navigable water. NPDES permits are also required for any stormwater discharge which the
Federal Environmental Protection Agency (EPA) or a state has determined contributes to a
violation of a water quality standard, or is a significant contributor of pollutants to surface
waters.
B. The EPA has delegated authority to the California State Water Resources Control Board
(SWRCB) to administer the NPDES permit process within California and, in turn, the
SWRCB has delegated authority to the California Regional Water Quality Control Board –
Central Coastal Basin (Central Coast Water Board) to administer the NPDES permit process
within its region.
C. On December 8, 1999, U.S. EPA promulgated Phase II stormwater regulations under
Packet Page 120
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 2 of 18
authority of the Clean Water Act section 402(p)(6). The Phase II Storm Water requires State
Water Board to issue NPDES storm water permits to operators of Small MS4s.
D. On April 30, 2003, the State Water Board adopted Water Quality Order No. 2003-005-
DWQ, NPDES General Permit CAS000004 WDRs for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems (General Permit) to comply with Clean Water Act
section 402(p)(6).
E. In anticipation of these requirements, the PERMITTEES began working together and
subsequently formed the Central Coast Partners for Water Quality in order to achieve
regional cooperation and efficiency among the PERMITTEES in the implementation of the
MS4 NPDES regulations.
F. On February 5, 2013, the State Water Resources Control Board adopted Water Quality
Order No. 2013-0001-DWQ National Pollutant Discharge Elimination System (NPDES)
General Permit No. CAS000004, which modifies the previous General Permit, Order 2003-
0005-DWQ. This Order establishes stormwater management program requirements and
defines the minimum acceptable elements of municipal stormwater management programs,
unless otherwise amended.
G. In and for the mutual interest of the PERMITTEES, the PERMITTEES wish to continue to
implement the collective work of the Central Coast Partners for Water Quality by entering
into this AGREEMENT for the purpose of cooperating to efficiently and economically
comply with the Community Based Social Marketing Program (CBSM Program) NPDES
permit requirements.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOLLOWS:
Section 1. Community Based Social Marketing Program.
1.01. The Central Coast Partners for Water Quality establishes the Community Based
Social Marketing Program ("CBSM Program") which is intended to fulfill
certain obligations of the PERMITTEES with regard to Phase II Storm Water
NPDES requirements. These requirements are required through State Water
Resources Control Board Water Quality Order No. 2013-0001-DWQ, NPDES
General Permit No. CAS000004, adopted on February 5, 2013.
1.02. The purpose of the CBSM program is to develop and implement a public
education strategy that establishes education tasks based on water quality
problems, target audiences, and anticipated task effectiveness. The CBSM
Program will focus on a specific stormwater pollutant of concern and be
designed to:
(1) Research on barriers to desired behaviors and benefits of desired behaviors
(ex. Literature review, observation, focus groups).
(2) Elicit commitment to implement desired behavior from target audience.
(3) Provide prompts reminding target audience of desired behavior.
Packet Page 121
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 3 of 18
(4) Use the concept of social norms/modeling of desired behavior.
(5) Use education messages that are specific, easy to remember, from a credible
source, and appropriate for the target audience.
(6) Create incentives for the desired behavior.
(7) Remove barriers to the desired behavior. _____________
1.02 The CBSM Program is a collective effort and implementation of area-wide
CBSM activities designed to benefit all PERMITTEES.
Section 2. Management Committee
2.01 A Management Committee is hereby created to provide for overall CBSM
Program coordination, permit compliance, review, and budget oversight, with
respect to the NPDES Permit.
2.02 The Management Committee is the official management body of the CBSM
Program. The Management Committee shall consider permit compliance as the
primary objective in approving CBSM Program tasks and corresponding budgets.
2.03 The Management Committee shall periodically re-evaluate and make
recommendations to the PERMITTEES concerning the annual CBSM Program
contribution that each PERMITTEE shall allocate towards implementing the
program.
2.04 The voting membership of the Management Committee shall consist of one
designated voting representative from each PERMITTEE. An alternative voting
representative shall be appointed by each PERMITTEE.
2.05 A quorum of the Management Committee shall be achieved when voting
representatives from at least fifty percent (50%) of the PERMITTEES are present
at any Management Committee meeting.
2.06 The Management Committee shall be responsible for providing guidance for any
consultant(s) or contractor(s) who are to be paid from CBSM Program funds
("Outside Contractors"), and for reviewing and approving any the scope(s) of
work, schedules of performance, use of subcontractors, and compensation for such
Outside Contractors.
2.07 The Management Committee shall support the Program Administrator in
establishing timelines and budgets for completion of CBSM Program tasks.
Section 3. Program Budget
3.01 A CBSM Program budget shall be created for each fiscal year. The fiscal year
shall run from July 1 through June 30. The budget shall include any grants,
Packet Page 122
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 4 of 18
contributions or funds donated to the CBSM Program, and the contributions of
each PERMITTEE, as specified in Exhibit A.
3.02 The PERMITTEES established minimum allocations for paid advertising and
advertising services to promote the CBSM Program during the initial 5-year term
of the Program are detailed in Exhibit A. PERMITTEES may allocate no less than
the annual amounts identified in Exhibit A.
3.03 PERMITTEES shall provide for budgeted program cost based upon the adopted
budget for the fiscal year and an approved cost share allocation. The
PERMITTEES shall be responsible for their assigned portion of the Program
Budget. The proportionate share of the Program Budget that each PERMITTEE
shall pay shall be shown and specified in the adopted fiscal year budget.
Cost-sharing between PERMITTEES shall be based on the population-based vote
shares of each participating entity that are covered by the permit, unless otherwise
agreed to by the PERMITTEES when the budget for each year is created.
Section 4. Program Administrator
4.01 The City of San Luis Obispo shall be the Program Administrator for the CBSM
Program on behalf of the PERMITTEES.
The Program Administrator shall be responsible for CBSM Program development,
and administration and related duties. The Program Administrator shall expend
CBSM Program grant funds in accordance with the IWMA CBSM Program
agreement and authorize expenditure of the PERMITTEE allocations detailed in
Exhibit A.
Work assignments shall be made to the Management Committee by the Program
Administrator in order to produce the deliverables required by the IWMA CBSM
Program Agreement. The Program Administrator shall not be responsible for
providing program management services related to individual PERMITTEE’S
permit programs.
4.03 The Program Administrator shall be responsible for awarding contracts to any
consultant(s) or contractor(s) who are to be paid from CBSM Program funds
("Outside Contractors"), and for reviewing and approving any contracts with
Outside Contractors, including the scope(s) of work, schedules of performance,
use of subcontractors, and compensation for such Outside Contractors.
4.04 The Program Administrator shall establish timelines and budgets for
completion of CBSM Program tasks with support from the Management
Committee.
4.05 The Program Administrator may establish procedures for tracking, accounting
Packet Page 123
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 5 of 18
for, and auditing the CBSM Program funds.
4.02 The Program Administrator shall be the treasurer of the Program funds. The
Program Administrator, in accordance with generally-accepted accounting
procedures, shall keep the Program funds segregated from any other funds
administered by the Program Administrator; and shall not expend any funds except
in accordance with the budget approved by the Management Committee, or as
otherwise directed by the Management Committee.
4.03 The City of San Luis Obispo may withdraw as the Program Administrator upon
the provision of ninety days’ (90) days written notice to the Management
Committee. The Management Committee may select a new Program
Administrator upon the provision of ninety days (90) written notice to PARTIES.
4.04 In the event that the Program Administrator withdraws from the Program or from
providing Program Administrator services to the CBSM Program, or in the event
that the Management Committee wishes to select a new Program Administrator,
another PERMITTEE may serve as a successor Program Administrator. Any
PERMITTEE willing to serve as successor Program Administrator may be
nominated by another PERMITTEE. Selection of a Program Administrator must
be by majority vote of the Management Committee.
Section 5. Additional Rights and Duties of the PARTIES
5.01 In addition to the participation in the Management Committee, the
PERMITTEES accept and agree to perform the following duties:
1. Each will participate in Management Committee meetings and other required
meetings of the PERMITTEES as detailed in Exhibit B;
2. Each will implement its share of the CBSM Program and allocate appropriate
funding to complete implementation;
3. Each will contribute to providing the contract deliverables necessary to
develop and implement the CBSM Program (Exhibit C) to produce a
successful 5-year campaign; and,
4. Each will individually address inter-agency issues, agreements or other
cooperative efforts.
5.02 This AGREEMENT does not restrict the PERMITTEES from the ability to
individually (or collectively) request NPDES Permit modifications and/or initiate
NPDES Permit appeals for permit provisions to the extent that a provision affects
an individual party (or group of PERMITTEES).
Section 6. Term of AGREEMENT
Packet Page 124
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 6 of 18
6.01 This AGREEMENT shall commence on the date that the last Duly Authorized
Representative of the Parties executes it, and shall continue for a period of five
years, subject to the provisions of Subsections 6.02, 6.03, and 6.04 below.
6.02 The initial five-year term of this Agreement may be extended upon the written
agreement of the PARTIES for a term specified in that written agreement.
6.03 This AGREEMENT shall terminate upon adoption of the renewed NPDES Phase
II Storm Water Permit Order that is issued to the PERMITTEES, unless this term
is extended by the PARTIES.
6.04 Any PERMITTEE may terminate its participation in this AGREEMENT by
giving the Management Committee at least a thirty (30) day written notice. If a
PERMITTEE terminates its participation, the terminating PERMITTEE will bear
the full responsibility for its compliance with the NPDES Permit CBSM Program
requirements commencing on the date it terminates its participation, including its
compliance with both Community-Specific and Program-wide responsibilities.
The cost allocations for the remaining PERMITTEES may be recalculated for the
following fiscal year by the PARTIES without the withdrawing PERMITTEE’S
participation.
Section 7. General Provisions
7.01 This AGREEMENT supersedes any prior agreement among the PARTIES
regarding the Program, but does not supersede any other agreements between any
of the PARTIES.
7.02 This AGREEMENT may be amended only by written agreement of the PARTIES.
All PARTIES agree to adopt a proposed amendment to this AGREEMENT within
two (2) months following acceptance of the proposed amendment by the
Management Committee.
7.03 This AGREEMENT may be executed and delivered in any number of copies
("counterpart") by the PARTIES, including by means of facsimile. When each
PARTY has signed and delivered at least one (1) counterpart to the Program
Administrator, each counterpart shall be deemed an original and, taken together,
shall constitute one and the same AGREEMENT, which shall be binding and
effective as to the PARTIES hereto.
7.04 No PARTY shall, by entering into this AGREEMENT, participating in the
Management Committee, or agreeing to serve as Program Administrator, assume
or be deemed to assume responsibility for any other PARTY in complying with
the requirements of the NPDES Permit. This AGREEMENT is intended solely
for the convenience and benefit of the PARTIES hereto and shall not be deemed
to be for the benefit of any third party and may not be enforced by any third party,
Packet Page 125
Item 9
Central Coast Partners for Water Quality Memorandum of Agreement Page 7 of 18
including, but not limited to, the EPA, the SWRCB, and the Central Coast Water
Board, or any person acting on their behalf or in their stead.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the
dates shown in the proceeding pages.
Copies of signed documents by each of the Cities is available in the
City Clerk's office.
Packet Page 126
Item 9
City of Atascadero Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 8 of 18
The City of Atascadero, a municipal corporation of the State of California; agrees to participate
in the Partners for Water Quality and designates the following staff to the Management
Committee:
City of Atascadero Primary
Representative Name
Primary Representative Signature Date
City of Atascadero Alternate
Representative Name
Alternate Representative Signature Date
City of Atascadero Approving
Party Name
Approving Party Signature Date
Packet Page 127
Item 9
City of Pismo Beach Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 9 of 18
The City of Pismo Beach, a municipal corporation of the State of California; agrees to participate
in the Partners for Water Quality and designates the following staff to the Management
Committee:
City of Pismo Beach Primary
Representative Name
Primary Representative Signature Date
City of Pismo Beach Alternate
Representative Name
Alternate Representative Signature Date
City of Pismo Beach Approving
Party Name
Approving Party Signature Date
Packet Page 128
Item 9
City of Grover Beach Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 10 of 18
The City of Grover Beach, a municipal corporation of the State of California; agrees to
participate in the Partners for Water Quality and designates the following staff to the
Management Committee:
City of Grover Beach Primary
Representative Name
Primary Representative Signature Date
City of Grover Beach Alternate
Representative Name
Alternate Representative Signature Date
City of Grover Beach
Approving Party Name
Approving Party Signature Date
Packet Page 129
Item 9
City of Arroyo Grande Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 11 of 18
The City of Arroyo Grande, a municipal corporation of the State of California; agrees to
participate in the Partners for Water Quality and designates the following staff to the
Management Committee:
City of Arroyo Grande Primary
Representative Name
Primary Representative Signature Date
City of Arroyo Grande Alternate
Representative Name
Alternate Representative Signature Date
City of Arroyo Grande
Approving Party Name
Approving Party Signature Date
Packet Page 130
Item 9
City of Morro Bay Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 12 of 18
The City of Morro Bay, a municipal corporation of the State of California; agrees to participate
in the Partners for Water Quality and designates the following staff to the Management
Committee:
City of Morro Bay Primary
Representative Name
Primary Representative Signature Date
City of Morro Bay Alternate
Representative Name
Alternate Representative Signature Date
City of Morro Bay Approving
Party Name
Approving Party Signature Date
Packet Page 131
Item 9
City of El Paso de Robles Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 13 of 18
The City of El Paso de Robles, a municipal corporation of the State of California; agrees to
participate in the Partners for Water Quality and designates the following staff to the
Management Committee:
City of El Paso de Robles Primary
Representative Name
Primary Representative Signature Date
City of El Paso de Robles Alternate
Representative Name
Alternate Representative Signature Date
City of El Paso de Robles
Approving Party Name
Approving Party Signature Date
Packet Page 132
Item 9
City of San Luis Obispo Membership
Central Coast Partners for Water Quality Memorandum of Agreement Page 14 of 18
The City of San Luis Obispo, a municipal corporation of the State of California; agrees to
participate in the Partners for Water Quality and designates the following staff to the
Management Committee:
City of San Luis Obispo Primary
Representative Name
Primary Representative Signature Date
City of San Luis Obispo Alternate
Representative Name
Alternate Representative Signature Date
City of San Luis Obispo
Approving Party Name
Approving Party Signature Date
Packet Page 133
Item 9
Terms and Definitions
Central Coast Partners for Water Quality Memorandum of Agreement Page 15 of 18
The County of San Luis Obispo, a political subdivision of the State of California; agrees to
participate in the Partners for Water Quality and designates the following staff to the
Management Committee:
County of San Luis Obispo Primary
Representative Name
Primary Representative Signature Date
County of San Luis Obispo Alternate
Representative Name
Alternate Representative Signature Date
County of San Luis Obispo
Approving Party Name
Approving Party Signature Date
Packet Page 134
Item 9
Exhibit A
Central Coast Partners for Water Quality Memorandum of Agreement Page 16 of 18
EXHIBIT A:
Budget and Permittee Allocations
Prior to the start of each fiscal year, the Management Committee and Program Administrator will
prepare a Draft Budget and submit it to the Management Committee for its review and approval.
The Draft Budget will include a proposed approach for allocation of costs (cost-sharing) to each
PERMITTEE and any contributions from entities who wish to join the CBSM Program after July
1, 2019.
The Program Administrator will revise the Draft Budget to address concerns and comments from
the Management Committee, and the Management Committee will then approve and adopt a
Budget for the fiscal year.
The Program Administrator and the PERMITTEES recognize that the budget will be based on
estimated costs, and that actual costs may differ from the budgeted amounts. If it appears that
costs associated with meeting CBSM Program goals or targets will exceed the budgeted
amounts, the Program Administrator will notify the Management Committee. If the
Management Committee determines that it is appropriate to incur additional costs above the
budgeted amounts, they will prepare a budget revision and send it to vote to obtain the
Committee’s approval to increase the budget.
In order to implement a successful outreach campaign associated with the CBSM Program, the
PERMITTEES agree to allocate and provide annual funding for paid advertising (media buys)
and advertising services.
These financial allocations are distinct and separate from any earned media appearances or
promotions, and are not transferrable. These allocations may be increased as determined by the
PERMITTEES. Reductions to allocations may be made with a vote of approval from the
Management Committee.
Permittee Annual allocation
City of Arroyo Grande
City of Atascadero
City of Grover Beach $750.00
City of Pismo Beach
City of Morro Bay
City of San Luis Obispo
City of Paso Robles $1,000.00
County of San Luis Obispo $3,500.00
Total:
Packet Page 135
Item 9
Exhibit B
Central Coast Partners for Water Quality Memorandum of Agreement Page 17 of 18
EXHIBIT B
Terms and Definitions
Representation: Representation from each PERMITTEE will be their Primary member or
his/her designee, and if that person is unable to attend, he or she will notify the PARTIES in
advance by email naming their designated alternate representative for that meeting.
Voting: Each PERMITTEE shall have one vote, provided that any PERMITTEE can call for a
vote on any issue. The affirmative vote of at least that number of the voting members of the
Management Committee which collectively contribute at least fifty percent (50%) of the area-
wide Program members.
Meeting Schedule: Meetings will normally be at 1:30PM on the third Thursday of each month,
unless changed by the Management Committee.
Starting Time: Meetings will start promptly at the designated starting time. Any PARTY
representative that knows he/she will be unable to attend, or will be late, will notify the Program
Administrator, so as not to delay starting the meeting.
Future Members: If additional entities wish to join with the other PARTIES by entering into
this AGREEMENT and participating in the CBSM Program, the PARTIES will determine an
appropriate method of calculating a “buy-in” cost to be paid by the new entity wishing to become
a member. This buy-in cost shall at a minimum include:
a. The full amount the new entity would have paid, if it had been a PARTY as of July 1,
2019, and,
b. A pro-rata deduction for the remainder of the fiscal year budget, or some other method
deemed appropriate by the PARTIES.
Packet Page 136
Item 9
Exhibit C
Central Coast Partners for Water Quality Memorandum of Agreement Page 18 of 18
EXHIBIT C
CBSM Program Deliverables to San Luis Obispo Integrated Waste
Management Authority (IWMA)
Deliverable 1: Completed media & marketing resource surveys from participating
Partners
A five (5) page survey was created to inventory media and outreach platforms already in place
and resources available from Partner jurisdictions. The survey also explores potential cost
sharing options, opportunities to sustain and build a ‘media library’ for the campaign, and
options for a content calendar. The completed surveys will summarize the priorities, localization
of content, scope of earned media, and goals of each participating Partner jurisdiction.
Deliverable 2: Detailed request for quotations for marketing firms
The Partners will use the results from the survey to generate a more specific and itemized request
for quotations for a marketing firm to develop the campaign and media strategy. Issuing a
specific and itemized request for quotations will enable a direct cost comparison between
responding firms.
Deliverable 3: Detailed cost quotations received from marketing firms, and summary of
proposal rankings.
Consistent with County of San Luis Obispo purchasing policies, a minimum of two (2)
quotations for services will be necessary to award a contract. Three (3) representatives from the
Partners will rank the proposals and a summary of the rankings will be provided to IWMA.
Deliverable 4: Media campaign strategy summary from selected marketing firm.
The selected contractor will provide a media campaign strategy and summary to the Partners and
the IWMA.
Deliverable 5: Summary of campaign content created by marketing firm.
The selected contractor will provide a summary of campaign content developed for the initiative
and the media outlet/type. This will potentially include: shareable social media posts/stories,
short-content slogans, web ad banners, print ads, utility bill inserts, newsletter articles/factoids,
etc.
Deliverable 6: Projected campaign reach for Year 1 and Year 2 of campaign.
The Partners and selected contractor will provide metrics of the anticipated reach of the
campaign for the first two years of implementation. This includes the number of total
impressions (also potentially shares, likes, re-tweets, etc.) for campaign content.
Packet Page 137
Item 9
R _______
RESOLUTION NO. _______ (2019 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA APPROVING AN AMENDMENT TO THE 2019-20
BUDGET ALLOCATION
WHEREAS, in accordance with San Luis Obispo Charter Section 802, the City Manager
submitted the 2019-21 Financial Plan to the Council for its review and consideration on June 4,
2019; and
WHEREAS, the Council approved the 2019-21 Financial Plan and appropriated the 2019-
20 budget allocation including the capital improvement plan budget; and
WHEREAS, on July 2, 2019, the Council adopted the capital improvement plan program
and projects after review from the Planning Commission for General Plan consistency; and
WHEREAS, in August 2019, the technology infrastructure used in the Council Chamber
to broadcast Council and other advisory body meetings was deemed irreparable and in need of
replacement; and
WHEREAS, this project had not surfaced during the 2019-21 Financial Plan development
and was not considered for funding through the adoption process; and
WHEREAS, the City maintains a PEG fund that can only be used to replace IT
infrastructure and has sufficient funding to support the required replacements.
WHEREAS, the City has been partnering with the Cities of Morro Bay, Pismo Beach,
Atascadero, Arroyo Grande, El Paso De Robles, Grover Beach and County of San Luis Obispo as
the Central Coast Partners for Water Quality since 2014.
WHEREAS, Central Coast Partners for Water Quality’s primary purpose is to educate the
community on environmental issues.
WHEREAS, Central Coast Partners is organized and equipped to carry out educational
programs and outreach efficiently and economically to complement IWMA effort s in this area;
and
WHEREAS, Central Coast Partners will be responsible for performing the Contractor’s
Obligations pursuant to the Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The 2019-20 budget and capital improvement plan are hereby amended to
include the Community Based Social Marketing project.
Packet Page 138
Item 9
Resolution No. _______ (2019 Series)
R ________
SECTION 2. The City Manager is hereby delegated authority to allocate funding received
from IWMA amount of $25,000 to the project as outlined in the Council agenda report presented
in public on October 22, 2019.
Upon motion of ___________________, seconded by _______________________, and
on the following roll call vote:
AYES:
NOTE:
ABSENT:
The foregoing Resolution was adopted on ___________, 2019.
______________________________
Mayor Heidi Harmon
ATTEST:
Teresa Purrington,
City Clerk
APPROVED:
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ___________ day of __________________, ____________.
______________________________
Teresa Purrington
City Clerk
Packet Page 139
Item 9
Phase II Small MS4 General Permit NPDES General Permit No.S000004
Order No. 2013-0001-DWQ - Attachment E
2013-0001-DWQ 1 February 5, 2013
Community-Based Social Marketing (CBSM)
Education and Outreach Requirements
____________________________________________________________________________
A. Public Education and Outreach Program
A.1 Compliance Participation Options
Within the first year of the effective date of the permit, all Permittees shall comply
with the requirements in this Section by participating in one or more of the following:
(i) Contributing to a countywide storm water program, as determined appropriate by the
Permittee members, so that the countywide storm water program conducts
education and outreach on behalf of its members; or
(ii) Contributing to a regional education and outreach collaborative effort (a regional
outreach and education collaborative effort occurs when all or a majority of the
Permittees collaborate to conduct regional outreach and education. Regional
education and outreach collaboration includes Permittees defining a uniform
and consistent message, deciding how best to communicate the message, and
how to facilitate behavioral changes. Then collaboratively apply what is
learned through local jurisdiction groups, pooling resources and skills.); or
(iii) Fulfilling education and outreach requirements within their jurisdictional
boundaries on their own; or
(iv) A combination of the previous options, so that all requirements are fulfilled.
Reporting – By the first year online Annual Report, the Permittee shall identify
which compliance participation option it will use to comply with the public education
and outreach requirements in this Section. For each public education and outreach
requirement in this Section that the Permittee will comply with through contribution
to a countywide storm water program or regional education and outreach
collaborative effort, the Permittee shall include in the first year online Annual Report
documentation, such as a written agreement, letter or similar document, which
confirms the collaboration with other MS4s.
A.2. Public Education and Outreach
A.2.a. Public Education and Outreach
(i) Task Description – Within the second year of the effective date of the
permit, the Permittee shall develop and implement a comprehensive storm
water public education and outreach program. The public education and
outreach program shall be designed to reduce pollutant discharges in storm
water runoff and non-storm water discharges to the MS4 through behavior
changes in target communities. The Public Education and Outreach
Program shall (1) measurably increase the knowledge of targeted
communities regarding the municipal storm drain system, impacts of urban
runoff and non-storm water discharges on receiving waters, and potential
BMP solutions for the target audiences and (2) measurably change the
behavior of target audiences, thereby reducing pollutant releases to the
MS4 and the environment.
Packet Page 140
Item 9
Phase II Small MS4 General Permit NPDES General Permit No.S000004
Order No. 2013-0001-DWQ - Attachment E
2013-0001-DWQ 2 February 5, 2013
(ii) Implementation Level –The Permittee shall, at a minimum:
(a) Develop and implement a public education strategy that establishes
education tasks based on water quality problems, target audiences, and
anticipated task effectiveness. The strategy must include identification
of who is responsible for implementing specific tasks, a schedule for
task implementation, and a budget for implementing the tasks. The
strategy must demonstrate how specific high priority storm water quality
issues in the community or local pollutants of concern are addressed.
The Permittee shall use CBSM 1strategies or equivalent.
(b) Implement surveys at least twice during the five year permit term to
gauge the level of awareness and behavior change in target audiences
and effectiveness of education tasks.
(c) Use of CBSM strategies or equivalent. The Public Education strategy
shall at a minimum include the following Permittee actions:
(1) Research on barriers to desired behaviors and benefits of desired
behaviors (ex. Literature review, observation, focus groups).
(2) Elicit commitment to implement desired behavior from target
audience.
(3) Provide prompts reminding target audience of desired behavior.
(4) Use the concept of social norms/modeling of desired behavior.
(5) Use education messages that are specific, easy to remember, from
a credible source, and appropriate for the target audience.
(6) Create incentives for the desired behavior.
(7) Remove barriers to the desired behavior.
(d) Development and conveyance of a specific storm water message that
focuses on the following:
(1) Local pollutants of concern
(2) Target audience
(3) Behavior of concern
(4) Regional water quality issues
(e) Development and disseminate appropriate educational materials to
target audiences and translate into applicable languages when
appropriate (e.g. the materials can utilize various media such as printed
materials, billboard and mass transit advertisements, signage at select
locations, stenciling at storm drain inlets, radio advertisements,
television advertisements, and websites);
(f) Utilization of public input (e.g., the opportunity for public comment, or
public meetings) in the development of the program;
1 CBSM: A systematic way to change the behavior of communities to reduce their impact on the environment. Realizing that simply
providing information is usually not sufficient to initiate behavior change, CBSM uses tools and findings from social psychology to
discover the perceived barriers to behavior change and ways of overcoming these barriers .
Packet Page 141
Item 9
Phase II Small MS4 General Permit NPDES General Permit No.S000004
Order No. 2013-0001-DWQ - Attachment E
2013-0001-DWQ 3 February 5, 2013
(g) Distribution of the educational materials, using whichever methods and
procedures determined appropriate during development of the public
education strategy, in such a way that is designed to convey the
program’s message to 20% of the target audience each year;
(h) Coordination with outreach programs for the Water Efficient Landscape
Ordinance to explain the benefits of storm water-friendly landscaping;
(i) Technical and financial assistance and implementation guidance related
to storm water-friendly landscaping;
(j) Development and conveyance of messages specific to reducing illicit
discharges with information about how the public can report incidents to
the appropriate authorities;
(k) Development and conveyance of messages specific to proper
application of pesticides, herbicides, and fertilizers;
(l) Storm water education for school-age children. The Permittee may use
California’s Education and Environment Initiative Curriculum or
equivalent.
(m) Reducing discharges from charity car washes, mobile cleaning and
pressure washing operations, and landscape irrigation.
(iii) Reporting – By the second year online Annual Report and annually
thereafter, report on the public education strategy and general program
development and progress. By the fifth year online Annual Report,
summarize changes in public awareness and behavior resulting from the
implementation of the program and any modifications to the public outreach
and education program. Report on the public education and CBSM
strategies such as pilot programs, survey results, research on barriers to
desired behaviors and benefits of desired behaviors, commitments from
target audience to implement desired behavior, prompts, implementation of
the social norms/modeling, education messages, incentives for desired
behaviors, methods for removing barriers to behavior change, development
of education materials, methods for educational material distribution, public
input, Water Efficient Landscape Ordinance, technical and financial
assistance for storm water friendly landscaping, reporting of illicit discharges,
proper application of pesticides, herbicides, and fertilizers, elementary school
education, reduction of discharges from charity car washes, mobile cleaning
and pressure washing operations, and landscape irrigation efforts. Annually
report number of trainings, describe the technical and financial program and
implementation, and the study and results to date. For each whole five years
of the permit life, submit the online Annual Report summarizing the changes
in public awareness and behavior.
A.2.b. Construction Education and Outreach Program
(i) Task Description – Within the second year of the effective date of the permit,
the Permittee shall develop and implement a construction outreach and
education program for construction sites smaller than one acre. The
construction outreach and education program shall be designed to reduce
pollutant discharges in storm water runoff and non-storm water discharges to
the MS4 through behavior changes in target communities. The multi-media
program shall (1) measurably increases the knowledge of the construction
Packet Page 142
Item 9
Phase II Small MS4 General Permit NPDES General Permit No.S000004
Order No. 2013-0001-DWQ - Attachment E
2013-0001-DWQ 4 February 5, 2013
community regarding the municipal storm drain system, impacts of urban
runoff and non-storm water discharges on receiving waters, and potential
BMP solutions for the target audiences and (2) measurably changes the
behavior of the construction community, thereby reducing pollutant releases
to the MS4 and the environment.
(ii) Implementation Level –The program shall include, at a minimum:
(a) Development of a watershed-based inventory of the high priority residential
and commercial construction sites within the Permittee’s jurisdiction.
(b) Development and implementation of a construction outreach and education
strategy that establishes measurable goals and prioritizes education tasks
based on water quality problems, target audiences, and anticipated task
effectiveness. The strategy must include identification of who is
responsible for implementing specific tasks and attaining measurable goals,
a schedule for task implementation, and a budget for implementing the
tasks and meeting the measurable goals. The strategy must include
measurable goals designed to demonstrate how specific high priority storm
water quality issues in the community or local pollutants of concern are
addressed. Establish who is responsible for specific tasks and goals and a
budget for meeting the tasks and goals.
(c) Implementation of CBSM to address the MS4’s highest priority water
quality problems. For each high priority water quality problem,
implementation of CBSM shall first be conducted on a pilot project level.
CBSM techniques found to be effective at the pilot project level shall be
implemented jurisdiction-wide by permit year four. Pilot project and
jurisdiction level CBSM shall include the following Permittee actions:
(1) Research on barriers to desired behaviors and benefits of desired
behaviors (ex. Literature review, observation, focus groups).
(2) Elicit commitment to implement desired behavior from construction
community.
(3) Provide prompts reminding construction community of desired
behavior.
(4) Use the concept of social norms/modeling of desired behavior.
(5) Use education messages that are specific, easy to remember, from a
credible source, and appropriate for the target audience.
(6) Create incentives for the desired behavior.
(7) Remove barriers to the desired behavior.
(iii) Reporting – By the second year online Annual Report and annually
thereafter, report program progress and mechanisms used for outreach and
education including measureable increases in the knowledge of the
construction community and measurable changes in the construction
community’s behavior. This includes a watershed-based inventory of high
priority residential and commercial construction sites, outreach and
education strategy and implementation, implementation of CBSM, pilot
project, research on barriers to desired behaviors and benefits of desired
behaviors, commitments from target audience to implement desired
behavior, prompts, implementation of the social norms/modeling, education
Packet Page 143
Item 9
Phase II Small MS4 General Permit NPDES General Permit No.S000004
Order No. 2013-0001-DWQ - Attachment E
2013-0001-DWQ 5 February 5, 2013
messages, incentives for desired behaviors, methods for removing barriers
to behavior change.
A.3. STAFF AND SITE OPERATOR TRAINING AND EDUCATION
A.3.a. Illicit Discharge Detection and Elimination Training
(i) Task Description – Within the third year of the effective date of the permit,
the Permittee shall develop and implement a training program for all
Permittee staff who, as part of their normal job responsibilities, may be
notified of, come into contact with, or otherwise observe an illicit discharge
or illegal connection to the storm drain system.
(ii) Implementation Level – The training program shall include at a minimum:
(a) Identification of an illicit discharge or illegal connection.
(b) Proper procedures for reporting and responding to the illicit discharge
or illegal connection.
(c) Follow-up training shall be provided as needed to address changes in
procedures, techniques, or staffing.
(d) The Permittee shall annually perform an assessment of their trained
staff’s knowledge of illicit discharge response and shall provide
refresher training as needed.
(e) New staff that, as part of their normal job responsibilities may be
notified of, come into contact with, or otherwise observe an illicit
discharge or illegal connection shall be trained no later than six
months after the start of employment.
(f) Contact information, including the procedure for reporting an illicit
discharge, shall be included in each of the Permittee’s fleet vehicles
that are used by field staff.
(g) The Permittee shall conduct focused education in identified illicit
discharge flow areas based on identified illicit discharge(s).
(iii) Reporting - The Permittee shall document and maintain records of the
training provided and the staff trained annually in the online Annual Report.
A.3.b. Construction Outreach and Education
1. Permittee Staff Training
(i) Task Description – Within the second year of the effective date of the
permit, the Permittee shall ensure that all staff implementing the
construction storm water program are adequately trained.
(ii) Implementation Level – The Permittee may conduct in-house training or
contract with consultants. Training shall be provided to the following staff
positions of the MS4:
(a) Plan Reviewers and Permitting Staff - Ensure staff and consultants
are qualified individuals, knowledgeable in the technical review of
local erosion and sediment control plans, and are certified pursuant
Packet Page 144
Item 9
Phase II Small MS4 General Permit NPDES General Permit No.S000004
Order No. 2013-0001-DWQ - Attachment E
2013-0001-DWQ 6 February 5, 2013
to a State Water Board sponsored program as a Qualified SWPPP
Developer (QSD), or a designated person on staff possesses the
QSD credential.
(b) Erosion Sediment Control/Storm Water Inspectors - The Permittee
shall ensure inspectors are qualified individuals, knowledgeable in
inspection procedures, and are certified pursuant to a State Water
Board sponsored program as either (1) a Qualified SWPPP
Developer (QSD) (2) a Qualified SWPPP Practitioner (QSP) or (3) a
designated person on staff possesses each credential (QSD to
supervise plan review, QSP to supervise inspection operations).
(c) Third-Party Plan Reviewers, Permitting Staff, and Inspectors - If the
Permittee utilizes outside parties to conduct inspections and/or
review plans, the Permittee shall ensure these staff are trained.
(iii) Reporting – By the second year of the permit term and annually thereafter,
submit the following information:
(a) Training topics covered.
(b) Dates of training.
(c) Number and percentage of Permittee's staff, as identified in Sections
a-c above, attending each training.
(d) Results of any surveys conducted to demonstrate the awareness and
potential behavioral changes in the attendees.
2. Construction Site Operator Education
(i) Task Description – Within the third year of the effective date of the permit,
the Permittee shall develop and distribute educational materials to
construction site operators.
(ii) Implementation Level – The Permittee shall do the following:
(a) Each year, provide information on training opportunities for
construction operators on BMP selection, installation, implementation,
and maintenance as well as overall program compliance.
(b) Develop or utilize existing outreach tools (i.e. brochures, posters, etc.)
aimed at educating construction operators on appropriate selection,
installation, implementation, and maintenance of storm water BMPs,
as well as overall program compliance.
(c) Distribute appropriate outreach materials to all construction operators
who will be disturbing land within the MS4 boundary. The Permittee's
contact information and website shall be included in these materials.
(d) Update the existing storm water website to include information on
appropriate selection, installation, implementation, and maintenance
of BMPs.
(iii) Reporting – By the third year online Annual Report and annually thereafter,
include the following information:
Packet Page 145
Item 9
Phase II Small MS4 General Permit NPDES General Permit No.S000004
Order No. 2013-0001-DWQ - Attachment E
2013-0001-DWQ 7 February 5, 2013
(a) Training topics covered;
(b) Dates of training;
(c) Number and percentage of Permittee's operators, inspectors, and
number of Contractors attending each training;
(d) Results of any surveys conducted to demonstrate the awareness and
potential behavioral changes in the attendees.
A.3.c. Pollution Prevention and Good Housekeeping Staff Training
The Permittee shall train employees on how to incorporate pollution
prevention/good housekeeping techniques into Permittee operations.
(i) Task Description – Within the second year of the effective date of the
permit, the Permittee shall develop a bi-annual employee training program
for appropriate employees involved in implementing pollution prevention
and good housekeeping practices in the Pollution Prevention/Good
Housekeeping for Permittee Operations sections of this General Permit.
The Permittee shall determine the need for interim training during alternate
years when training is not conducted, through an evaluation of employee
Pollution Prevention/Good Housekeeping knowledge. All new hires whose
jobs include implementation of pollution prevention and good housekeeping
practices must receive this training within the first year of their hire date.
(ii) Implementation Level – The training program shall include the following:
(a) Bi-annual training for all employees implementing this program
element. This bi-annual training shall include a general storm water
education component, any new technologies, operations, or
responsibilities that arise during the year, and the permit requirements
that apply to the staff being trained. Employees shall receive clear
guidance on appropriate storm water BMPs to use at municipal
facilities and during typical O&M activities.
(b) A bi-annual assessment, occurring on alternate years between
training, of trained staff’s knowledge of pollution prevention and
good housekeeping and shall revise the training as needed.
(c) A requirement that any contractors hired by the Permittee to
perform O&M activities shall be contractually required to comply
with all of the storm water BMPs, good housekeeping practices,
and standard operating procedures described above.
(d) The Permittee shall provide oversight of contractor activities to
ensure that contractors are using appropriate BMPs, good
housekeeping practices and following standard operating
procedures.
(iii) Reporting – By the second year online Annual Report and annually
thereafter, summarize oversight procedures and identify and track all
personnel requiring training and assessment and records.
Packet Page 146
Item 9