HomeMy WebLinkAboutMINUTES - 02132007 - C.13 SEL Contra'
TO: BOARD OF SUPERVISORS, AS GOVERNING •` --
BOARD OF THE FLOOD CONTROL&WATER
CONSERVATION DISTRICT Costa
FROM: MAURICE M. SHIU, CHIEF ENGINEER �o e c3v��
ST`S` ---- � County
DATE: February 13, 2007
SUBJECT: APPROVE contract with Geoff Brosseau, in the amount of$171,000 for the period January 1, 2007
through June 30, 2008, Countywide. (Bay Area Stormwater Management Agencies Association
Funds) (All Districts)Project No. 7519 6x7660
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
C. APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or
designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Geoff
Brosseau in the amount not to exceed $171,000 for Bay Area Stormwater Management Agencies
Association (BASMAA) administrative support services for the period January 1, 2007 through June
30, 2008 Countywide (Bay Area Stormwater Management Agencies Association Funding) (All
Districts) Project No. 7519 6x7660
CONTINUED ON ATTACHMENT: El SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECtMMENDATI OF BOARD C 7 EE
APPROVE OTHER
SIGNATURE(S
ACTION OF BOA �'wa'rJ �.3�ftc?-S'C RAPPROVED AS RECOMMENDED _� OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
° COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ��CSry/L'T .� ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:
C:\Documents and Settings\jwaters\Local Settings\Temporary Internet ATTESTED Y
Files\OLKI OD\Brossea BO.doc JOHN CULLEN,CLE THE BOARD OF
SUPERVISORS
cc:
BY: zf--Y��
DEPUTY
SUBJECT: APPROVE contract with Geoff Brosseau, in the amount of$171,000 for the period January 1,
2007 through June 30, 2008, Countywide. (Bay Area Stormwater Management Agencies
Association Funds) (All Districts) Project No. 7519 6x7660
DATE: February 13, 2007
PAGE: 2 of 2
FISCAL IMPACT:
The cost is estimated to be $171,000; and, shall be funded by Bay Area Stormwater Management Agencies
Association funding.
REASONS FOR RECOMMENDATION AND BACKGROUND:
The .Bay Area Stormwater Management Agencies Association (BASMAA) is composed of seven (7)
stormwater agencies. BASMAA provides guidance, recommendations, and advocacy, to municipal
stormwater programs that do not have a sufficient level of manpower or expertise to comply with the
ever increasing NPDES permit requirements.
CONSEQUENCES OF NEGATIVE ACTION:
If the consulting services agreement with Geoff Brosseau is not approved, Bay Area Stormwater
Programs may 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. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Flood Control &Water Conservation District
on behalf of the Bay Area Stormwater Agencies Association (BASMAA)
(b) Consultant's Name&Address: Mr. Geoff Brosseau
437 Encina Avenue
Menlo Park, CA 94025
(c) Project Name, Number, & Location: BASMAA Executive Board Director Project No. 7519 6X 7660
(d) Effective Date: January 1, 2007 (e) Payment Limit(s): $ 171,000
(f) Completion Date(s): June 30, 2008
FORM APPROVED s I
SILVANO B.MARCHESI,�Co
2. Signatures. These signatures attest the parties'agreement hereto:
By Deputy Gh N
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ ByAna '
Chief Engineer, or Designee (Dpacity in the business Type of Business:
sgovernment agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
y: By:
Inn > (Designate official c pacity in the bu Hess)
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 )
ss.
County of
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s)-.signing above for
Consultant,p e(or proved to me on the basis of satisfaMhe
evidence)to be the person($).who name(4.
i subscribed to the within instru nt and acknowledged to me thaIt/tkfay-executed the same in his tl�fe_
thorized capacity(ies), and that b his t /thy signature(s4-on the instrument the person(t}-or the entity upon pehalf of
which the person(p)-acted, executed t e instrument.
p
WITNESS my hand and official seal. &via"
Dated:
Notary Public
(Notary's Seal) ROUMIANA A. KADIEV
COMM. #1460331 —�
w = NOTARY PUBLIC.CALIfORN14
SANTA CLARA COUNTY
R`
*COMM.Expires Jan.17,2008
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)
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 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,
its 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 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 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.
1, Professional Liability and Worker's Compensation Insurance not required
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 Retention2. Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the
fulfillment of this Agreement.After the Consultant has completed all work 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.Public Agency
will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.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 anytime
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.This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code, Section 1775.
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. Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. 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.
23. 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.
2 on-call contract. Payment retention does not apply.
24. 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.
25. 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.
26. 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 prior 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.
27. Project 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.
28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid-proiects only). 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.
29. Federal Cost Principles and Procedures (Federal aid protects 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:\GrpData\NPDES\FORMS\CSA over 25000.doc
APPENDIX A
SCOPE OF SERVICES
Consultant. will perform the following specific tasks and provide the. following
deliverables:.
TASK 1: BASMAA Executive Board Support Activities
This task consists of four components: (1) ongoing general policy and administrative
support to the BASMAA Executive Board in the course of preparing for and conducting
its meetings, (2) legislative, regulatory policy,. and program/project review leading to,the
development of positions. and the verbal and written communication of those positions,
3) general representation of BASMAA in.committees, workshops, and meetings, and as
a public spokesperson, and 4) fulfillment of requests for information about BASMAA and
its activities. These four areas of activity are further described below:
(1) Ongoing BASMAA Executive Board Support
This activity consists the.following specific activities:
(A) In cooperation with and at the direction of the BASMAA Executive Board Chair,
prepare the Executive Board meeting agendas and arrange to copy all pertinent
information materials.to be distributed to, and. received by, the BASMAA Executive
Board members at least one week prior to. meetings.
(B) Ensure the preparation of a written record of the key discussion items, decisions,
and actions taken during Executive. Board meetings and including such a draft
written record in the information packets described in item A above. .
(C) Advise the Executive Board regarding ongoing or recent legislative or regulatory
actions or proposals that may potentially affect or be of interest to BASMAA
member agencies.
(2) Legislative, Regulatory Policy, and Program/Project Review
Review of legislation, regulatory policy, and programs and projects developed by
organizations outside of BASMAA for impacts to and opportunities for. BASMAA
member agencies. The deliverable products may include verbal and written testimony
or comments.
(3) General Representation of BASMAA
This task consists of the following specific activities:
(A) Participate and represent BASMAA in project, program, or partnership based
committees, meetings, and workshops (e.g., Regional Monitoring Program,
1
California Estuary Partnership, Urban Pesticide Committee), other than those
specifically covered in Task 5 — Regional Organization Coordination. The
deliverable products may include verbal and written comments and presentations.
(B) Oversee and manage the representation of BASMAA in project, program, or
partnership based committees, meetings, and workshops, including representation
by BASMAA subconsultants or representatives selected by the BASMAA
Executive Board to act on BASMAA's behalf. The deliverable products may
include verbal and written comments and presentations.
(C) Acting as a public spokesperson for BASMAA in such projects as Regional Media
Relations and the Regional Advertising Campaign, and responding to general
requests for information and statements from the media.
(4) Fulfillment of Requests for Information
Respond to general requests for information about BASMAA and its activities.
Responses may be written (e.g., e-mail), verbal, or the transmission of BASMAA
reports, plans, and strategies.
(5) Management of Website(s)
Work with BASMAA member agencies, Executive Board, and Committees to manage
the development and maintenance of BASMAA website(s). The deliverable product is
website(s).
TASK 2; BASMAA Annual Work Plan and Budget
This task consists of two key components: (1) preparation of the BASMAA annual work.
plan and (2) preparation of the BASMAA annual budget. Because these, two
components are linked, their preparation may involve an iterative process with the
BASMAA Executive Board.
(1) BASMAA Annual Work Plan
This component consists of the following specific activities:
(A) For each year of the contract period, in cooperation with and at the direction of the
BASMAA Executive Board, prepare the written BASMAA annual Work Plan. The
deliverable product will consist of an annual Work Plan describing the projects and
activities to be accomplished by the BASMAA members in the upcoming fiscal
year.
(B) For each year of the contract period, in cooperation with and at the direction of the
BASMAA Executive Board, develop recommendations for implementing the annual
Work Plan by 'deterrnining how the activities may most efficiently and cost
effectively be accomplished. As required by BASMAA's Operational Guidelines,
2
before the Executive Board can authorize the BASMAA Treasurer to release funds
to a project, the following are required:
• approval of a scope of work,
• identification of a Project Manager, and
• establishment of a contracting mechanism.
The recommendations will address these three requirements.
(2) BASMAA Annual Budget
This component consists of the following specific activities:
(A) For each year of the contract period, in conjunction with the annual Work Plan
described in Task 2, item 1 above, prepare a proposed BASMAA annual budget for
consideration by the Executive Board.
(B) For, each year of the contract period, in conjunction with the annual BASMAA
budget preparation, prepare a cost allocation for the current BASMAA members
based upon the existing cost allocation formula and guidelines contained in the
BASMAA MOU and Operational Guidelines.
TASK 3: BASMAA Committees Direction and Support
This task consists of two key components: (1) providing direction to BASMAA
Committees based upon established BASMAA Executive Board direction and (2)
ensuring that certain administrative assistance and support is provided to Committees
such as a written record of key discussion points and recommendations to the
Executive Board.
(1) Direction to BASMAA Committees
In cooperation with and at the direction of the BASMAA Executive Board, and in
conjunction with BASMAA Executive Board and Committee missions, ongoing
directives, work plans, and budgets, provide focus and direction to the BASMAA
Committees and ensure that the Committees understand BASMAA Executive Board
direction and requests.
(2) Support to BASMAA Committees
At the direction of the BASMAA Executive Board, ensure that administrative assistance
is provided to Committees, including preparation of a concise written record of the key
discussion items, decisions, or recommendations to the BASMAA Executive Board and
arranging for copying and distribution of such written record and other pertinent
materials to Committee members and BASMAA Executive Board members at least one
week prior to regular Committee meetings.
3
TASK 4: Coordination with BASMAA Member Programs
Attend BASMAA member individual program Management Committee meetings as
needed and requested by the individual member agency representative and as
approved by the BASMAA Executive Board to: (1) become familiar with the individual
BASMAA member program philosophy and issues, and (2) periodically brief the
individual BASMAA member program Management Committees on key BASMAA
activities, accomplishments, and issues. Because the focus of the Consultant's work
scope is on areas of mutual interest to BASMAA members, meetings with BASMAA
member individual program Management Committees will be limited to two per year per
BASMAA member.
TASK 5: Coordination with Relevant Regional Organizations/Agencies
Identify opportunities for BASMAA members, through the Consultant or BASMAA
Executive Board Chair, to work cooperatively with regional agencies such as
Association of Bay Area Governments (ABAG), Bay Area Air Quality Management
District (BAAQMD), Bay Area Clean Water Agencies (BACWA), Bay Area Hazardous
Waste Reduction . Committee (BAHWRC), Bay Area Pollution Prevention Group
(BAPPG), California Department of Transportation (Caltrans), Metropolitan
Transportation Commission (MTC), or others in order to find ways to address issues of
regional significance and mutual concern to the BASMAA members.
TASK 6: Tasks of Regional Benefit and Special Projects
Participate on behalf of and representing BASMAA on Tasks of Regional Benefit, as
defined in the BASMAA MOU and Operational Guidelines, and other special projects
outside of the BASMAA Baseline Budget. These projects include:
• Regional Advertising Campaign
• Conferences /Workshops
• Grant-funded BASMAA projects, including Pesticide Environmental Stewardship
Program (PESP)
SCHEDULE OF COMPLETION
Many of the tasks identified in the Scope of Services are ongoing activities and do not
have a specific deliverable date. These tasks are identified below as "Ongoing Task,"
while other tasks have defined deliverable dates.
TASK 1: BASMAA Executive Board Support Activities
(1) Ongoing BASMAA Executive Board Support
(A)Ensure Preparation and Distribution of Agenda and Information Materials
4
Due Date: At least one week prior to meetings
(B)Ensure Preparation and Distribution of a Written Record of Executive Board
Meetings
Due Date: At least one week prior to meetings
(C)Advise the Executive Board Regarding Recent Legislative or Regulatory
Actions or Proposals
Due Date: Ongoing Task
(2) Legislative, Regulatory Policy, and Program/Project Review
Due Date: Per BASMAA Executive Board direction
(3) General Representation of BASMAA
(A)Representation
Due Date: Ongoing Task
(B)Oversight and Management of Representation
Due Date: Ongoing Task
(C)Public Spokesperson
Due Date: Ongoing Task
(4) Fulfillment of Requests for Information
Due Date: Ongoing Task
(5) Management of Web Site
Due Date: Ongoing Task
TASK 2: BASMAA Annual Work Plan and Budget
(1) BASMAA Annual Work Plan
(A)Approved Annual Work Plan
5
Due Date: June 30, annually
(B)Recommendations for Annual Work Plan Implementation
Due Date: Prior to release of Baseline Budget funds
(2) BASMAA Annual Budget
(A)Approved Annual Budget
Due Date: June 30, annually
(B)Approved Cost Allocation
Due Date: June 30, annually
TASK 3: BASMAA Committees Direction and Support
(1) Direction to BASMAA Committees
Due Date: Ongoing Task
(2) Support to BASMAA Committees
Due Date: Ongoing Task
TASK 4: Coordination with BASMAA Member Programs
Due Date: Ongoing Task
TASK 5: Coordination with Relevant Regional Organizations/Agencies
Due Date: Ongoing Task
TASK 6: Tasks of Regional Benefit and Special Projects
Due Date: Per BASMAA Executive Board direction
6
APPENDIX B
RATES AND FEES
Consultant-will be compensated from the Notice to Proceed to June 30, 2008, at an
annual rate of $104,000, plus reimbursement of certain other direct costs (ODC). The
ODCs from the Notice to Proceed shall not exceed an annual rate of $10,000 and
represent additional compensation over and above the $104,000 amount subject to the
guidelines described below. The Consultant shall submit monthly invoices to the Public
Agency, Contra Costa Clean Water Program at 255 Glacier Drive, Martinez, CA 94553,
for one twelfth (1/12) of the annual compensation, plus any ODCs for the month. With
approval of Consultant, the Bay Area Stormwater Management Agencies Association
(BASMAA) Executive Board may adjust the monthly rate of compensation. The total
amount of the contract shall not exceed $171,000 and the contract will end if that
amount is reached before June 30, 2008. The Public Agency shall not approve or be
financially responsible for any Consultant invoices that exceed the amount available in
the fund account.
OTHER DIRECT COSTS
The Scope of Services for the BASMAA Consultant includes conducting routine office
activities out of the Consultant's office. The BASMAA Executive Board will seek to
maintain office space at the Regional Water Quality Control Board's offices for use by
the Consultant at his discretion. Certain ODCs incurred by the Consultant, up to the 12-
month maximum set by the BASMAA Executive Board and subject to the guidelines and
procedures herein, will be reimbursed by the BASMAA members. All ODCs will require
written documentation, following invoicing procedures contained in this Agreement, and
will be eligible for reimbursement at a rate of 100 percent of the actual cost incurred
(i.e., no overhead or multiplier).
ELIGIBLE EXPENSES — ODCs shall be itemized. Receipts shall be provided for any
external expense for which a receipt is reasonable.
Eligible office expenses subject to reimbursement as ODCs include:
• Phone calls related to BASMAA activities;
• Photocopying and postal services necessary to distribute relevant materials to
BASMAA members and to fulfill reasonable requests for information from interested
individuals;
• Automobile mileage reimbursement for travel to relevant meetings or activities
related to_the Consultant Scope of Services at the rate currently authorized by the
I RS;
1
• Other actual travel expenses incurred for tolls, parking, public transit, rail, or air
travel to attend relevant activities related to the Scope of Services;
• Other direct costs related to implementing the Scope of Services as directed by the
BASMAA Executive Board.
INELIGIBLE EXPENSES
The cost of home office space, utilities, computers, and fax machines is considered a
business expense and is not eligible for reimbursement as an ODC.
Procedures for Approval and Reimbursement
The Consultant Scope of Services includes attending certain meetings and other
activities that may include travel. Routine travel within the San Francisco Bay Area to
implement the Scope of Services is hereby approved in advance and will be reimbursed
at the rate described in the preceding section. Travel to other areas to conduct
BASMAA related business must include prior authorization by the BASMAA Executive
Board Chair based upon the Consultant's written explanation of the trip's purpose and a
summary of the expected costs.
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APPENDIX C
PERSONNEL
Executive Director- Geoff Brosseau
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