HomeMy WebLinkAboutMINUTES - 05101994 - 2.2 ,
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: May 10, 1994
SUBJECT: APPROVE TRANSFER AND AUGMENTATION OF THE 1993-94 USED OIL RECY-
CLING BLOCK GRANT(UOBG-93-278-7)TO THE CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT; AND A CONSULTING
SERVICES AGREEMENT WITH BETTER CHOICES.
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
APPROVE the transfer of the 1993-94 Used Oil Recycling Block Grant (UOBG-93-278-7) from
the Health Services Department to the Contra Costa County Flood Control and Water
Conservation District on behalf of the Contra Costa Clean Water Program effective May 1, 1994.
AUTHORIZE the Chief Engineer, or his designee (Milton Kubicek) to accept the grant award and
to execute on behalf of the Flood Control District a subsequent standard agreement (and
amendments) to implement and carryout the purposes specified in the grant award.
APPROVE submission to the California Intergrated Waste Management Board, in the amount of
$155,210.22, for the period of Januayr 1, 1994 to June 30, 1995 an augmentation to the 1993-94
Used Oil Recycling Block Grant (UOBG-93-278-7).
APPROVE and AUTHORIZE the Chief Engineer to execute the consulting services agreement
with Better Choices to perform services authorized in the grant award for the Contra Costa Clean
Water Program.
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: MAY 10 1994 APPROVED AS RECOMMENDED OTHER
VOfT/OF SUPERVISORS
UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Donald P. Freitas(510)313-2373
Orig. Div.: PW(NPDES)
cc: County Administrator Iher2ycertifythatthisIsatrueandt�mllct of
Auditor-Controller an action taken and entered on the rtftnUtes Of the
Health Services Contracts Board of Supe��t t�(8 �f1OWL
Public Works ATTESTED: t] �}
- Accounting, R.Gilchrist PHIL BATCHELOR,perk of the Board
California Intergrated Waste Management Board of Supervisors ertdCountw Administrator
Householde Hazardous Materials-Pacheco Blvd.
DPF:fp By _Deputy
g:\FLDCTLXBOXB010.T5
I
SUBJECT: APPROVE TRANSFER AND AUGMENTATION OF THE 1993-94 USED OIL RECY-
CLING BLOCK GRANT (UOBG-93-278-7) TO THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT; AND A CONSULTING
SERVICES AGREEMENT WITH BETTER CHOICES.
May 10, 1994
Page -2-
II. Financiallmaact:
Contra Costa County received an original allocation from the 1993-94 Used Oil Recycling
Block Grant of$143,390.28. The requested augmentation totals$155,210.22 for a combined
total of$298,600.50. The grant is awarded by the California Intergrated Waste Management
Board (CIWMP) for the amended period of January 1, 1994 to June 30, 1995, for the Used
Oil Public Education Program. No County matching funds are required.
III. Reasons for Recommendations and Background:
The Board of Supervisors on November 23, 1993, approved submittion of a funding
application to the CIWMP for a Used Oil Recycling Block Grant which was approved for
$143,390.28. The purpose of the grant was to provide funds to the Cities and County to
implement used oil collection programs that encourages recycling or appropriate disposal of
new oil.
The CIWMP has offered an augmentation to the original grant totalling $155,210.22.
Transferring the original grant and making application for the augmentation will provide an
expanded Countywide Public Education Program that meets the goals and objectives of the
Used Oil Recycling Block Grant and the National Pollution Discharge Elimination System
(NPDES) Permit managed by the Contra Costa Clean Water Program. The Contra Costa
Clean Water Program includes Contra Costa County, the Contra Costa County Flood Control
and Water Conservation District, and seventeen of the County's incorporated Cities. The
integration of the Used Oil Recycling Block Grant with the NPDES Program will provide a
more effective and cost efficient use of the funds for the Countywide Public Education
Program.
The consultant services agreement with Better Choices will total approximately $65,000
during the fourteen month period commencing May 1, 1994 to June 30, 1995. Better Choices
is a wholly owned women business enterprise. This consultant will be primarily responsible
for the implementation of the Grant Program.
IV. Consequences of Negative Action:
The transfer and augmentation of the Used Oil Recycling Block Grant provides a more
efficient use of public dollars for a Countywide Public Education Program. Should the Board
of Supervisors fail to approve this request, the additional augmentation of $155,210.22 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 & Water Conservation District
(b) Consultant's Name & Address: Better Choices
1609 Excelsior Ave.
Oakland, CA 94602
(c) Project Name, Number & Location: Contra Costa Clean Water Program's Public Education & Industrial Outreach Program,
Project No.
(d) Effective Date: May 1, 1994 (e) Payment Limit: $65,000 (f) Completion Date: June 30, 1995
(g) Federal Taxpayer's I.D. or Social Security Number: 368-82-6984
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: J. Michael Watford
Public Works Director/ By: 4 4,1.4 4==q /5
Chief Engineeresi ndtee official y in the business
Type of Business (sole proprietorship, government
agency, partnership, corporation, etc.)
�/-y�� If Corporation, State
of Incorporation:
/
By: f�rf' U 'Lu) By:
(Designate official capacity in the business)
Note to Consultant: For corporations (profit or nonprofit), the contract must be signed by two officers. The first signature must
be that of the president or vice-president; the second signature must be that of the secretary or assistant secretary. (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 )
County of reA01-1-1211- COS 779 j ss.
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 personally appeared before me today 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) executed the instrument, or the partnership upon behalf of which the person(s) acted executed it, or the
corporation upon behalf of which the person(s) acted executed it pursuant to its by-taws or a resolution of its board of directors.
WITNESS my hand and official seal. OFFICIAL NOTARY AL
Dated: — g ROGER H.FRO
�"` Notary Public—C
CONTRA COSTA COUNTVota Public
(Notary's Seal) My Comm.Expires APR 28,1995
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 shalt 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 shalt contain, in a separate section, the numbers and dollar amount 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: 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 $300,000 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 (hereinafter referred to as the
'County'), the City of Antioch, the City of Clayton, the City of Concord, the Town of Danville, the City of El Cerrito, the
City of Hercules, the City of Lafayette, the City of Martinez, the Town of Moraga, the City of Orinda, the City of Pinole,
the City of Pittsburg, the City of Pleasant Hill, the City of Richmond, the City of San Pablo, the City of San Ramon, the
City of Walnut Creek (hereinafter referred to collectively as 'Cities'), 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 shalt 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 'specified in Section 1(e) without
prior written approval of 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 listed above.
11. Record Retention. 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 shalt 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 belperformed 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 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.
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 shalt 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 ran-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.
18. Compliance with Laws. In performing this Agreement, Consultant shall comply with alt applicable laws, statutes, ordinances,
rules and regulations, whether federal, state or local in origin.
19. Assignment. This Agreement shalt not be assignable or transferable in whole or in part by Consultant, whether voluntarily,
Ey 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. Endorsement on Plans. Consultant shall endorse alt plans, specifications, estimates, reports and other items described in
Appendix A prior to delivering them to Public Agency.
21. 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 shalt
continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or
otherwise.
22. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, Contra Costa County, the City
of Antioch, the City of Clayton, the City of Concord, the Town of Danville, the City of El Cerrito, the City of Hercules,
the City of Lafayette, the City of Martinez, the Town of Moraga, the City of Orinda, the City of Pinole, the City of
Pittsburg, the City of Pleasant Hill, the City of Richmond, the City of San Pablo, the City of San Ramon, the City of Walnut
Creek, 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, subconsultants, 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 indemnities for any expenditures, including
reasonable attorney's fees, the indemnities may make by reason of such matters and, if requested by any of the indemnities,
wilt defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shalt
exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person;
provided, however, that Consultant's obligation to indemnify shall be limited to the proportion of negligence or willful
misconduct attributable to Consultant, its subconsultants, or any person under Consultant's direction or control.
23. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit
TF and bind the heirs, successors, executors, personal representatives and assigns of the parties.
24. 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.
25. 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.
Attachments: Appendix A
Appendix B
Appendix C
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May 3, 1994
Appendix A
Contra Costa Oil Grant Program
Scope of Work
Task 1-800 Number
Establish single 800 number for environmental issues in the County. Identify options
for coordinating several 800 number into one number. Coordinate with other 800
number programs to establish implementation strategy, schedule, staffing, and tracking
and referral procedures. Identify costs for implementing 800 number. Recommend 800
number. Prepare information materials for distribution to callers. Coordinate setup,
staffing, and tracking procedures.
Task 2—,Storm Drain Stenciling
Continue storm drain stenciling throughout the County. Identify preferred stenciling
technique and acquire stencils. Develop information doorhanger. Identify completed
stenciling areas. Identify priority areas for stenciling. Research alternative stenciling
techniques, including concrete stamping. Coordinate with public works departments
and volunteer organizations. Develop implementation and scheduling strategy for
remainder of County. Coordinate stenciling programs.
Task 3—Multi-Unit Complex Dumpster Stickers
Inform multi-unit dwellers about improper waste oil disposal. Coordinate with solid
waste haulers. Identify number of dumpsters to be labelled and implementation
strategy. Coordinate design and production of sticker. Schedule and coordinate
placement of stickers.
Task 4—Point of Purchase Program
Educate oil and automotive products users about proper use and disposal practices.
Coordinate with automotive products retail outlets. Prepare countertop display, flyer,
and information sticker. Coordinate placement of materials at retail outlets. Coordinate
with Integrated Waste Management Board, oil manufacturers, and EPA to establish 800
number on oil cans. Research other point of purchase options.
Task 5—Youth Education
C.A."j, I Al.il 125.1994
Educate young people (K-6) in County through school assembly programs. Prepare
grade school coloring book on water quality with crayons.. Schedule and coordinate 50
school assembly programs and distribute coloring book and crayons.
Task 6—Collection Center Certification
Increase the number of certified waste oil collection centers in the County. Continue
certification of Monument Car Parts. Coordinate Riverview Fire District classification
change. Coordinate with Chevron to identify and establish gas station collection
centers.
Task 7--Automotive Workshops
Coordinate educational workshops for automotive repair shop owners and operators
about BMPs. Identify target facilities. Coordinate workshop logistics. Prepare BMP
booklet and workshop materials. Prepare and distribute invitation. Conduct four
workshops.
Task S—Do-It-Yourself OR Changer Profile
Track and compile survey results from survey sent to Concord, Clayton, Danville, and
Richmond.
Task 9—Videotape
Prepare a videotape focusing on waste oil and automotive products, proper use and
disposal, and disposal locations.
Task 10--Coordination with Stormwater Program
Coordinate the Mobile Display Unit. Attend monthly POO Committee meetings.
Cc O.SLP 2
npa is,1994
Task Subtask Itein Cost Notes
Task 1--800 Number APR 2
Setup
Equipment 1,000
Setup Charges 3,000
Operating 6,000
Staffing
Labor 32,500 2,000 his. @ $12.50 plus benefits
Info.Materials
Design 6,000 4 page newsletter format,2 one-pagers
Printing 10,000 5,000 copies,2-color,2 sided
Postage 3,000 5,000 @ .60 each
Task 2--Storm Drain Stenciling
Equipment
Paint 3,000
Stencils 1,000
Misc 1,000
Info.Materials
Design 1,500 fish shaped door hanger
Printing 3,000 10,000 copies, 1-color
Task 3--Multi-Unit Complexes
Stickers
Design 2,500 yellow warning sticker
Printing 12,500 8,000 copies
Task 4—Point of Purchase
Display Unit
Stands 7,500 500 acrylic stands @$15
Logo Stickers 1,250 500 stickers,program logo @$2.50
Flyer w/Peel-off Sticker
Design 2,000 1-pager,2-sided
Printing 10,000 25,000 copies,2-color,2-sided
Task S--Youth Education
Boogie Down Jugglers/Lindsay Museum
Labor 17,500 50 events @$350
Coloring Book
Design 7,000 12-pages
Printing 6,500 10,000 copies
Crayons 2,500 10,000 sets of crayons
Task 6--Certify Collection Centers
CCOIL.XLS Page 1 4/21/94
Task Subtask Item Cost Notes
Task 7--Automotive Workshops
BMP Booklet
Printing 20,000 5,000 copies
Workshop Expenses 5,000 logistics,presentation graphics&materials
Task 8--Oil Changer Profile
Task 9--Videotape
Production 28,000
Total Expenses $193,250
Program Labor
D.Blondo 60,000
Misr.Expenses 5,000
Total Cost $258,250
Spent to Date 40,000
Total $298,250
Available Grant $298,600
CCOIL.XLS Parc 2 4/21/94
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• Appendix B
PAYMENT PROVISIONS
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following
Payment Provisions, County will pay Contractor the following fee as full compensation for all
services, work, expenses or costs provided or incurred by Contractor:
(1) $25.00 per hour, not to exceed a total of $60,000; and
(2) County will reimburse Contractor an amount not to exceed $5,000 as follows: (a)for travel
on behalf of the County, approved in advance by the Contra Costa Clean Water Program
manager; (b) for miscellaneous expenses actually incurred in the provision of services
hereunder during the term of this contract; and (c) at the rate of 29 cents per mile for the
use of a private automobile required in the provision of services hereunder.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on
appropriately approved County Demand forms and in the manner and form prescribed by County.
Contractor shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered. Upon
approval of said payment demands by the head of the County Department for which this Contract
is made, or his designee, County will make payments as specified in Paragraph 1. ( Payment
Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for
payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's
late submission the County is unable to obtain reimbursement from the State of California or
otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay
Contractor for such services, even though such services were fully provided.
4. Right of Withhold. County has the right to withhold payment to the Contractor when, in the opinion
of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or
in part, either has not been carried out or is insufficiently documented, (b) the Contractor has
neglected,failed or refused to furnish information or to cooperate with any inspection, review or audit
of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its
demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or
complying with any audit exceptions by appropriate County, State or Federal audit agencies
occurring as result of its performance of this Contract. Contractor also agrees to pay to he County
within thirty (30) days of demand by County the full amount of the County's obligation, if any, to the
State and/or Federal government resulting from any audit exceptions, to the extent such are
attributed to the Contractor's failure to perform properly any of its obligations under this Contract.
6. County's Activity Support. County shall provide for Contractor certain office, space, clerical support,
office supplies and services, materials, equipment, facilities, and assistance as may be mutually
determined to be necessary to support Contractor's activities hereunder, but excluding the use of
County cars.
Initials: U �,
o ractor County Department
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May 5, 1994
Appendix C
Project Personnel
Name Title Firm
Denise Blondo President Better Choices
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May 3, 1994