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HomeMy WebLinkAboutMINUTES - 08122003 - C.19 19 TO: .BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL,AND WATER.CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER. DATE: August 12, 2003 SUBJECT: APPROVE contract with Aquatic Outreach Institute in the amount of$40,000 for the period July 1, 2003 through June 30, 2004, Countywide. (Stormwater Utility Fee Assessments) (All Districts) Project No.: 0929-6X7056 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGRO13ND ANIS JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer,or designee,Contra Costa County Flood Control and Water Conservation District,on behalf ofthe Contra Costa Clean.Water Program,to execute a contract with Aquatic Outreach Institute in the amount of$40,000 to provide grana administration services for the period July 1, 2003 through. June 30, 2004, Countywide (City and County Stormwater Utility Fee Assessments) (All Districts)Project No. 0929 6x7056. Continued on Attachment: X Signature: �. " RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE,OTHER SIGNATURES ACTION OF B ON AUGUST 12, 2003 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken xx UNANIMOUS(ABSENT NONE ) and entered on the minutes of the Board.of Supervisors on the date AYES: NOES: shown. ABSENT: ABSTAIN: DPF:mm ATTESTED: AUGUST 12, 2003 G:\GrpData:\NPDES\SO_Res_C;ontraets_Agmt�A01 John Sweeten, Clerk of the Board of Supervisors and County \130 AOI 03 04.doc Administrator Ctrlg Div: Public Works(NPDES) Contact: Donald P.Freitas(925)313-2373 cc: CAO Auditor—Contract Division By ,Deputy PW-Accounting SUBJECT: APPROVE contract with Aquatic Outreach Institute in the amount of$40,000 for the period July 1, 2003 through June 30, 2004, Countywide. (Stormwater Utility Fee Assessments) (All Districts) Project No.: 0929-6X7056 DATE: August 12, 2003 PAGE: 2 II. Financiallmact: The cost is estimated to be $40,000; and, shall be funded by stormwater utility fee assessments collected by the cities and county proportioned to their respective populations. III. Reasons for Recommendations and Background: The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System(NPDES)Regulations for municipal stormwater discharges on November 16, 1990 requiring Contra Costa County,nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District to obtain a Joint Municipal NPDES permit from the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits require municipalities to reduce or eliminate all pollutants from entering the municipal stormdrain system. The Contra Costa Clean Water Program's (Program) Management Committee directs the Clean Water Program.The Committee is made up ofrepresentatives from each of the nineteen(19)cities, the County, and the Flood Control District. An important requirement of the Joint Municipal NPDES permit is conduct outreach to educate the general public on Best Management Practices (BMPs)related to stormwater pollution prevention. The Program has funded the Teacher Action Grant Program for years. The purpose of the grant is to provide funds to the teachers to conduct educational workshops for elementary school children. The consultant will be primarily responsible for implementing all grant program activities. IV. Consequences of Negative Action: If the consulting services agreement with the Aquatic Outreach Institute is not approved,then all municipalities will be in non-compliance with the Joint Municipal NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. Potentially, fines totaling$10,000 per day and$10 per gallon of stormwater discharge for all affected entities could be imposed. CONSULTING SERVICES AGREEMENT 1. Sipecial Conditions, These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County.Flood Control and Water Conservation District (b) Consultant's Name &Address: Aquatic Outreach Institute 155 Richmond Field Station 1327 South 46th Street Richmond, CA 94804 (c) Project Name, Number, &Location: Aquatic Outreach Institute Teacher Action Grants Program Project No.0929 6X7056 (d) Effective Date: July 1, 2003 (e) Payment Limit(s): $40,000 (f) Completion Date(s): June 30, 2004 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONS LT N r, By: Maurice M. Shiu Public WorksDirector/ By: IZXEC.v`t IJE b, Chief Engineer, or Designee (Designate official capacity in the business Type of Business: (sole proprietorship,government agency, partnership, corporation, etc.) If Corporation, State of Incorporation: By: By: (Designate official capacity in the business) Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president, or vice-president;the second signature must be that of the secretary,assistant secretary, chief financial officer, or assistant treasurer.(Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California } ,r° r ) ss. County of c�.G" 4fp, IA- ) On the date written below, before me, the undersigned Notary Public, personally appeared the person`}signing above for onsultant, (or proved to me on the basis of satisfactory evidence)to be the persons whose nameN are subscribed to the within instrument and acknowledged to me that he /they executed the same in histheir authorized capacity(i ), and that by his&/their signature on the instrument the person, or the entity upon behalf of which the persor acted, executed the instrument. WITNESS my hand and official seal. Dated: " o3 Notary Pubic (Notary's Sea]) e .csvf- DANIEL,W. BENEUICT` COMM. #1413524 -4 NOTARY PUBLIC-CALIFORNiAP CONTRA COSTA COUNTY My Cma.Expires Apr.25,2007 3. Parties.Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Employment. Public Agency hereby employs Consultant,and Consultant accepts such employment,to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by this reference. 6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub- contracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)exceeds$5,000.When multiple documents or written reports are the subject or products of this agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers' Compensation Insurance pursuant to state law;and,(b)Comprehensive General Liability Insurance,including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$500,000 for all damages due to bodily injury, sickness or disease,or death to any person,and damage to property,including the loss of use thereof,arising out of each accident or occurrence,and naming Public Agency,Contra Costa County,City of Antioch,City of Brentwood,City of Clayton, City of Concord,Town of Danville, City of El Cerrito, City of Hercules, City of Lafayette, City of Martinez, Town of Moraga,City of Oakley,City of©rinds,City of Pinole,City of Pittsburg,City of Pleasant Hill,City of Richmond, City of San Pablo, City of San Ramon, City of Walnut Creek, its/their governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse, cancellation or material change in coverage. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be allowed.Notwithstanding the foregoing,those incidental expenses specifically itemized in Appendix B and Appendix C shall be reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and, if applicable, a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by this Agreement no later than the Completion Date(s)listed above. 11. Record Retention and Auditim Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such Information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents.All materials and records of a finished nature, such as final pians,specifications, reports, and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Termination by Public Agencv.At its option,Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant,whether or not Consultant is then in default.Upon such termination,Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 16. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 17. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity.Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County, and Consultant hereby waives the removal provisions of Cade of Civil Procedure Section 394. 18. Co!n2liance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations,whether federal, state,or local in origin.This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 19. As"i nment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 20. Subcontractinc.All subcontracts exceeding$25,000 in cast shall contain all of the required provisions of this contract. Consultant will pay each subconsu€taut In accordance with the requirements of Civil Code Section 3321 as applicable. 21. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency, and where appropriate,indicate his/her registration number. 22. Patents and CoDvriahts.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. 23. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("Indemnitees")from any and all demands, losses,claims, costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys' fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person, provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 24. Heirs.Successors and Assigns.Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs, successors,executors, personal representatives, and assigns of the parties. 25. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prier approval of the Public Agency's governing board. In its Public Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency.Notwithstanding the foregoing,Consultant may express its views on products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 26. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 27. Disadyanta ed Business Enter rise DBE ReLcluirements ffederal aid proiects onlyl Consultant shall comply with all applicable provisions of 49 CFR,Parts 23 and 26, and the County's Disadvantaged Business Enterprise(DBE) Program,which are incorporated into this Agreement by reference. In addition,in performing services under this Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency s request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is proposed to be replaced,Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation of such effort. 28. Federal Cost Principles and Procedures fFederal aid prolects only). Consultant shall comply with the following provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual items of costs set forth in 48 CFR,Chapter 1,Part 31:(b)the administrative procedures set forth in 49 CFR,Part 18; and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A•110, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 days of written request from Public Agency. Should Consultant fail to do so, and should the Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such action. Attachments:Appendix A,Appendix B,Appendix C Form approved by County Counsel(11/00) G:\GrpDatakNPDES\BO—Res—Contracts_Agmt\AOI\03 04\AOI CSA 03 04.doc Aquatic Outreach Institute Programs Scope of Work Appendix "A" The Teacher Action Grants Program is a cooperative program developed jointly by the Centra Costa County dean Water Program and the Aquatic Outreach Institute. Since Its inception in 1994, the Teacher Action Grants program has distributed more than $175,000 to educators who have gone through Kids in Creeks, Kids in Gardens, and Watching Our Watersheds teacher workshop programs. The program provides seed money between $500 - $2000 to classroom-based environmental studies, gardening, and restoration projects. Teacher Action Grants have facilitated the education and involvement of tens of thousands of students in local watershed- based projects, and substantially increased public awareness about the natural resources in Alameda and Contra Costa Counties. The Teacher Action Grants program is an excellent example of public and private partnerships at their best; combining agency resources and non-profit skills to educate children and improve environmental quality at the same time. In the year 2000, the East Say Municipal Utility district also joined as a program partner, which has enabled the Teacher Action Grant program to be extended into the northern part of Alameda County. Most recently, in 2042, the Alameda County Waste Management Authority supported the program, enabling AOI to extend grant support throughout Alameda County. $40,000 from the Clean Water Program will provide AOI with funds necessary to publicize and administer the grant program, and support interested Centra Costa County teachers participating in this year's workshop programs. $32,000 is made directly available to participating teachers, and $8,000 funds AOI staff to evaluate teacher applications, award grants, provide technical support, oversee project completion and compile an annual report. r Aquatic Outreach Institute Programs APPENDIX "B" & "C„ Project Personnel hates and Classifications FY 2003-04 Billing Rates Executive Director $70-95 Program Director $40-55 Office Manager $35-50 Project Coordinator $30-45 Accountant $40-60 Program.Assistant $25-40 Name Classification Sharon Farrell Executive Director Scott Weintraub Office Manager Anne Haves Project Director Tamara Shulman Project Director Dari Rodenkirchen Project Coordinator Christin Jolicoeur Project Coordinator Apple Szostak Project Coordinator Martha Berthelsen Project Coordinator Shannah Anderson Project Coordinator Elizabeth O'Shea Project Coordinator Claire Beyer Project Assistant :Mary Malko Project Assistant