HomeMy WebLinkAboutMINUTES - 07132004 - C.42 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE SHIU, CHIEF ENGINEER
DATE: July 13, 2004
SUBJECT: APPROVE contract with Matthew Bolender in the amount of$56,000 for the period July 1,2004 through June
305 2005. (2004/2005 California Integrated Waste Management Board's Used Oil Recycling Block Grant
Program—Tenth Cycle)(All Districts)Project No. 0929-6X7070
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer, or designee, Contra Costa County Flood Control and Water
Conservation District, on behalf of the Contra Costa Clean Water Program, to execute a contract with Matthew
Bolender in the amount of$56,000 to provide consulting services for the Used Oil Recycling Block Grant Program,for
the period July 1,2004 through June 30,2005,Countywide. (California Integrated Waste Management Board's Used
Oil Recycling Block Grant Program Funds) (All Districts)Project No. 0929-6X7070
II. Financial Impact:
The California Integrated Waste Management Board has awarded a grant of approximately$100,000 to the Contra
Costa Clean.Water Program through its Used Oil Recycling Block Grant Program. The consulting services agreement
shall be financed through this grant. No County matching funds are required.
Continued on Attachment: X SIGNATURE:
.RtCOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
7,,4PPROVE OTHER
SIGNATURES)
ACTION OF BOA ON JULY 13i 20)04
APPROVED. , COMMENDED_XX OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT ) ATTESTED: JULY 13, 2004
AYES: NOES: JOHN SWEETEN,Clerk of the Board
ABSENT:— ABSTAIN: of Supervisors and County Administrator
G:\GrpData\NPDES\BO_Res Contracts_AgrntlBolender\ By Deputy
04 05\BO 06 15 04-13olender.doe
0HZ Div: Public Works(NPDES)
Contact: Donald F.Freitas.(925)313-2373
CV Auditor—Contract Division
CAO
SUBJECT: APPROVE contract with Matthew Bolender in the amount of$56,000 for the period July 1,2004 through June
30, 2005. (2004/2005 California Integrated Waste Management Board's Used Oil Recycling Block Grant
Program®-Tenth Cycle)(All Districts)Project No. 0929-6X7070
DATE: July 13, 2004
PAGE 2
III. Reasons for Recommendations and Background:
The Contra Costa Clean Water Program has been receiving funds from the California Integrated Waste Management
Board's Used Oil Recycling Block Grant Program for the past several years. The purpose of the grant is to provide
funds to the cities and County to implement used oil collection programs that encourage recycling or appropriate
disposal of used oil. The three primary activities during the past several years have been the certification of used oil
recycling centers,a school education program targeted to elementary and high school students and a public education
program promoting used oil-recycling activities to the general public. The response to the Program has been positive
and the activities will be continued in the 2004/2005 fiscal year.
The grant will total approximately$100,000 during the 12-month period commencing July 1,2004 and ending June 30,
2005. The consultant will be primarily responsible for implementing all grant program activities. The Management
Committee of the Contra Costa Clean Water Program has unanimously recommended the Board of Supervisors
continue its contract with Matthew Bolender due to his past exemplary performance.
IV. Consequences of Negative Action:
Should the Board of Supervisors fail to approve this consulting services agreement, funding for public educational
programs will be lost.
CONSULTING SERVICES AGREEMENT C%A
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: Matthew Bolender
068 Rolling Woods Way
Concord, CA 94521
(c) Project Name, Number, & Location: Used Oil Recycling Block Grant—Tenth Cycle--Project. No. 0020-6X7070
(d) Effective Date: 07/01/04 (e) Payment Limit(s): $56,000
(f) Completion Date(s): 06/30/05
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY ?N LTANT
By: Maurice M. Shiu
Public Works Director!
Chief Engineer, or Designee ( agnate apa y in the buslness 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. 1100 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of 'fornix )
ss.
County of )
On the date written below, re me, the undersigned Notary Public, personally app d the person(s) signing above for
Consultant,personally known to or proved to me on the basis of satisfactory ence)to be the person(s)whose name(s)
is/are subscribed to the within instru t and acknowledged to me that she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her it signature(s) on the i ument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrume
WITNESS my hand and official seal.
Dated:
Notary Public
(Notary's Seal)
3. Part' e on the above date,the above-named Public Agency and Consultant mutually agree and promise as
4 s.
lo Ment. 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. 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 $300,000.00 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 Brentwood, 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 Oakley,City of Orinda,
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. P3ment. 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.
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%)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 8320 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 894.
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 Coovrights.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.
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, fosses, 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. 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.
28. Disadvantaged Business Enterorise(DBE)Requirements(Federal aid projects only). Consultant shall comply with all
applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (QBE)
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 projects 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)
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APPENDIX A
CONTRA COSTA CLEAN WATER PROGRAM
SCOPE OF WORK (FY 2004/2005)
This scope of work was prepared by Matthew Bolender, an independent consultant
acting as the Project Manager, for the Contra Costa Clean Water Program (Program)
for Fiscal Year 200412005. The term of the contract commences July 1, 2004 and
terminates on June 30, 2005. Individual tasks will be initiated by Matthew Bolender only
upon receipt of written pre-approval by the Program Manager. The schedule for
completion of tasks will also be agreed upon before work is initiated.
The scope of work shall include the following tasks:
TASK 1 — Project Administration
This task will cover the Project Manager's time administering the contract, including the
weekly review of labor and other direct costs charged to the contract, review and
approval of monthly invoices, filing and communicating with the Program on progress,
schedule, and budget.
TASK 2 — Certification of Used Oil Collection Centers
Matthew Bolender will certify a minimum of ten (10) used oil collection centers as
defined by the California Integrated Waste Management Board's rules and regulations;
and perform seventy (70) site visits to existing certified used oil collection centers. This
task shall include telephone solicitation, direct personnel solicitation, the filing of forms
for certification as a used oil collection center, coordination with personnel from the
California Integrated Waste Management, etc.
TASK 3 — School Education Program
Matthew Bolender will coordinate a minimum of thirty-five (35) school presentations
featuring the "Mr. Funnelhead" character. The target audience is specifically elementary
school children. He will coordinate all activities necessary to provide these
presentations including the necessary equipment (sound equipment, lights, music,
special effects, etc.) create or repair Mr. Funnelhead costumes, produce educational
material, coordinate actors for the presentations, the development of the presentation,
the promotion of the Mr. Funnelhead bumpersticker contest for students, etc.
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TASK 4— Public Education
Matthew Bolender will coordinate forty (40) events utilizing the "Mr. Funnelhead"
character. He will cause to be developed and produced education materials promoting
the recycling of used motor oil, the production of English/Spanish coloring books,
purchase of crayons, develop newspaper advertisements for certified oil collection
centers, and produce other materials promoting recycled used oil.
TASK 5— Cable Television Advertising
Matthew Bolender will produce two (2) public service announcements (30 seconds
each) and other pertinent videos and cause them to be aired on community access and
premium cable television channels.
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APPENDIX B
RATES AND CHARGES:
LABOR _ $27.50 per hour
MILEAGE - $0.34 per mile
OUT OF POCKET EXPENSES* - Actual charge
* All costs shall be directly related to the establishment, maintenance or enhancement of
local or regional used oil collection centers and must be incurred from July 1, 2004 to June
30, 2005.
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APPENDIX C
Personnel - Matt Bolender, Project Manager
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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On before me,
ate
pars ally appeared Name and Title of Officer .g„`Jena doe,No ry ublia'}
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person whose &iaw
LISA A.DALZiEL subscribed to the wit ' instr ant and
Commission# 1377110
� • acknowledged to me a h executed
z y Notary Public - Cali#ornia the same in his rlth ' authorized
Contra Costa County
My Comm.ExpiresSep28.2C7(lb capacity(iK, and that y his tX/thWC
signatureW on the instrument the person, o
the entity upon behalf of which the person)}
acted, executed the instrument.
N S fly hand an o 'al seal r
ig re Nary a
OPTIONAL
Though the. ormatlon below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document,
Description of ached Document
Title or Type of Document:
Document Date: Nu r of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer e(s):
❑ Partner —❑ Li ' d --]General
13 Attorney-in- ct
❑ Trustee
❑ Guard' n or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Aaaouatian•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationamotary.org Prod.No.5907 Reorder.Call Toll-Free 1.800.876.6827