HomeMy WebLinkAboutMINUTES - 12131994 - 1.23 2�
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: December 6, 1994
SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE A CONSULTING
SERVICES AGREEMENT WITH MONTE SANDY & NEEDHAM ADVERTISING, INC.
FOR PUBLIC EDUCATION SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM
PROJECT NO. 0929-6X7070
Specific Request(s)or Recommendation(s) Background&Justification
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer to execute a consulting services agreement with
Monte Sandy & Needham Advertising, Inc. to perform services mandated by the Joint Municipal
NPDES Permit issued by the San Francisco Bay and Central Valley Regional Water Quality
Control Boards for Contra Costa County, its seventeen (17) incorporated cities and the Contra
Costa County Flood Control and Water Conservation District.
II. Financial Impact:
The contract amount is $30,500.00. The cost shall be funded by the California Integrated Waste
Management Board's (CIWMB) Used Oil Block Grant for fiscal year 1994/95 issued to the Contra
Costa Clean Water Program.
III. Reasons for Recommendations and Background:
The Contra Costa Clean Water Program consisting of Contra Costa County, seventeen (17) of its
incorporated cities and the Contra Costa County-Flood Control and Water Conservation District
received a Used Oil Recycling Block Grant from the California Integrated Waste Management
Board (CIWMB)for the 1994/95 fiscal year totalling $298,405.49. Grant funding was awarded on
a non-competitive basis for establishing new programs or enhancing ex' ting programs addressing
the proper management of used lubricating oil.
Continued on attachment: X SIGNATUR5�'*
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: DEC 13 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
C UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Donald P.Freitas(510)313-2373
Orig.Div.: PW(NPDES)
cc: County Administrator tfrerebYcertitythat thbIsatrue
arM_pp/r�eCte�pyOf
Auditor-Controller an action talo end entered on the minutes pt ft Works Board of Su 01ownr.
Accounting,R.Gilchrist a BATCHELOR Cferk of the Board
DPF:fp
of Supervisors and Bounty Administraw
g:\FLDCTL\BO\Monte3.t12
BY
SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE A CONSULTING
SERVICES AGREEMENT WITH MONTE SANDY & NEEDHAM ADVERTISING INC.
FOR PUBLIC EDUCATION SERVICES FOR THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM
PROJECT NO. 0929-6X7070
December 3, 1994
Page -2-
Ill. Reasons for Recommendations and Background: (cont.)
One of the grant activities approved by the CIWMB is the production of an eight to ten minute
video and a public service announcement addressing the proper use and disposal of used
motor oil. These materials will be used extensively in the public education activities of the
Contra Costa Clean Water Program.
Monte Sandy& Needham Advertising, Inc. is a women business enterprise certified by Contra
Costa County. This firm will be responsible for the entire project.
IV. Consequences of Negative Action:
If the consulting services agreement with Monte Sandy & Needham Advertising, Inc. is not
approved then the grant funds will be lost.
CONSULTING SERVICES AGREEMENT
1. Special 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: Month Sandy&Needham Advertising, Inc.
1444 North Main St.
Walnut Creek CA 94596
(c) Project Name, Number&Location: Contra Costa Clean Water Program-Video/Public Service Announcement II "Used Oil Recycling"
Project No.0929-6X7070
(d) Effective Date:09/01/94 (e) Payment Limit(s):$30,500.00
(f) Completion Date(s):06/30/95
(g) Federal Taxpayer's I.D.or Social Security Number:680265458
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONS TAN
By: J. Michael Walford
Public Works Director/
Chief Engineer ( esi Ica city i the
T usi ( e pr rietorship,government
agency,pa ershi corporation,etc.)
If ration,Stat f'In on:�
nat701n,�Corpacify in a business)
Note to Consultant For corporations„tile contract must be signed by two off, rs. Tst signare must be that of the chairperson 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 ACKNOWLEDGEMENT
State of California )
ss.
County of
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant, personally known to
me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official s
YVONNE COOPER n
Dated: ^ ?.._ :�^_.,=. COMM.#1011359 2 U V 1AAJU
Z
X» Notary Public;—California ( Notary Publi
CONTRA COSTA COUNTY
(Notary's Seal) My Comm.Expires DEC 16.1997
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 subcontracts 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; (b) Professional Liability Insurance with minimum coverage of$1.000.000.00 and a maximum deductible of$250.000.00; and(c)
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$1.000.000.00 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 Clayton, City of Concord,Town of Danville, City of EI Cerrito,
City of Hercules,City of Lafayette, City of Martinez,Town of Moraga,City of Orinda,City of Pinole,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 fum'ish 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. Pa ment. 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 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. Payment will be made within thirty(30)days
after receipt of each statement.
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 Auditing. 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 plans,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. Payment Retention. Public Agency shall retain ten percent(10°x)of the monies due the Consultant as security for the fulfillment of this Agreement.
After the Consultant has completed each task as identified in Appendix"A" under this Agreement,submitted final billing,and the Public Agency has
found the work to be accurate,the Public Agency will pay all withheld funds. Payment of withheld funds will be made within thirty(30)days of
completing this work and submittal of a final billing. A retention will not be withheld for any"on-call"work.
16. Termination by Public Agency. 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.
17. 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.
18. 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 Code of Civil Procedure Section 394.
19. Compliance 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.
20. Assignment. 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.
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.
22. Patents and Copyrights. 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 defend, indemnify,save and hold harmless Public Agency, Contra Costa County, City of Antioch, City of Clayton,
City of Concord, Town of Danville, City of EI Cerrito, City of Hercules, City of Lafayette, City of Martinez,Town of Moraga,City of Orinda,City of
Pinole,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 from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from,or connected with,the
services provided hereunder and due to,or claimed or alleged to be due to,negligence or willful misconduct of Consultant,its officers,employees,
agents,sub-oonsuttants,or any person under its direction or control,save and except claims or litigation arising through the sole negligence or sole
willful misconduct of Public Agency,and will make good to and reimburse the Indemnitees for any expenditures,including reasonable attorney's fees,
the indemnitees may make by reason of such matters and,if requested by any of the indemnitees,will defend any such suits at the sole cost and
expense of Consultant.
24. Heirs,Successors and Assions. 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. Contractor shall not in its capacity as a contractor 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 Contractor capacity,
Contractor 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 prior approval of the Public Agency's governing board. In its Public
Agency contractor capacity,Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular
brand name or commercial product,even if Contractor is not publicly endorsing a product,as long as the Contractor'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, Contractor may
express its views on products to other contractors,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.
Attachments:Appendix A,Appendix B,Appendix C
Form approved by County Counsel(8/93)
g:\F L D C T L\N P D E S\C ontract\M onto.Con
Monte Sandy&Needham Advertising,Inc.
Appendix A
Scope Of Service
VIDEO/PSA II
Description Of Service
Develop storyboard concept and copy for an 8 minute video and 30 second public
service announcement. Theme: Oil Disposal. Produce video/PSA using a
combination of stock and new footage. Provide master copy, 57 VHS copies, 20 -
3/4" copies and 20 High 8 copies to CCCWP. The budget breakdown is as follows:
Description Estimate
Concept 3,700
Storyboards 1,200
Copywriting 1,200
Title Art 800
Art Supervision 1,200
Casting Supervision 500
Production Supervision 2,000
Recording Supervision 1,500
Editorial Supervision 1,500
Camera Man 1,000
Camera Asst. 500
Production Asst. 500
Tape transfer 500
Editing/Off-line 3,000
Editing/On-line/Tape Stock 4,000
Recording & Mixing 1,500
Music Rights (PD only) 500
Talent & V.O. 1,000
Props 500
Craft Services 300
Stock & Buy Out 1,000
Add'1 VTR/DUBS 600
Traffic & Distribution 500
Contingency 1,500
TOTAL ESTIMATE $30,500
1444 North Main Street,Second Floor• Walnut Creek,CA 94596• (510)933-5733 Fax(510)933-5790
Monte Sandy&Needham Advertising,Inc.
Appendix B
Salary Rates & Payment Terms
Monte Sandy & Needham Advertising
Labor
Monte Sandy & Needham Advertising staff will be billed at the following salary
rates for 1994/1995:
• Principle/Creative Director $125.00
• Principle/Account Service $ 85.00
• Staff $ 85.00
Expenses
Expenses will be billed as actual costs incurred. Sub-consultant costs will be marked
up 17.65%.
1444 North Main Street,Second Floor • Walnut Creek,CA 94596• (510)933-5733 Fax(510)933-5790
Monte Sandy&Needham Advertising,Inc.
Appendix C
Project Personnel
The following staff are the key project personnel to perform work on the
Stormwater Public Education Project. These personnel will not be changed without
written approval from the Contra Costa Clean Water Program. Other support staff
including administrative, clerical, and graphics, will work on this project and will be
billed according to the rate schedule in Appendix B.
NAME TITLE DESCRIPTION
Karen Monte CEO/Director Of Client Services Account Service
Diane Sandy CFO/Strategic Planner & Operations Oversees Media
Guy Needham President/Creative Director Creative
Kris Schaer Senior Copywriter Creative
David Dykzul Art Director Creative
Joyce Lane Traffic Project Flow
1444 North Main Street,Second Floor• Walnut Creek,CA 94596• (510)933-5733 Fax(510)933-5790