HomeMy WebLinkAboutMINUTES - 06202006 - C.24 C•
,Zq 1�
TO: BOARD OF SUPERVISORS, AS GOVERNING ` `=_ Contra
BOARD OF THE FLOOD CONTROL& WATER
-' Costa
CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER County
rA.cotiK`c t
DATE: June 20, 2006
SUBJECT: APPROVE contract with The Watershed Project, in the amount of$55,000 for the period July 1, 2006
through June 30, 2007, Countywide. (Cities and County Stormwater Utility Fee Assessment Funds)
(All Districts) Project No. 7519 6x7056
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
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 The Watershed Project,in the amount of
$55,000 for Teacher Action Grants Program Administration for the period July 1, 2006 through June 30, 2007,
Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 6x7056
CONTINUED ON ATTACHMENT: [H] SIGNAT
RECOMMENDATION OF COUNTY ADMINISTRATOR R MENDATION O OARD COMM
APPROVE OTHER
SIGNATURE(S):
�Y�-
ACTION OF BOA `/«'?!/ OWE SZ" APPROVED AS RECOMMENDED _� OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
f� UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:
ZI_:zz
G:\NPDES\BO_Res_Contractsv
_Agmt\Watershed Project\06 07\TWP BO 06 07.doc ATTESTED uJ� �/
JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc:
BY: — DEPUTY
SUBJECT: APPROVE contract with The Watershed Project, in the amount of$55,000 for the period July 1,
2006 through June 30, 2007, Countywide. (Cities and County Stormwater Utility Fee Assessment
Funds) (All Districts)Project No. 7519 6x7056
DATE: June 20, 2006
PAGE: 2 of 2
FISCAL IMPACT:
The cost is estimated to be$55,000;and,shall be funded by stormwater utility fee assessments collected by the cities
and county proportioned to their respective populations.
REASONS FOR RECOMMENDATION AND BACKGROUND:
The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System
(NPDES)Regulations for municipal stormwater discharges on November 16, 1990 requiring Contra Costa County,
nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District
to obtain a Joint Municipal NPDES permit from the San Francisco Bay and Central Valley Regional Water Quality
Control Boards. The Permits require municipalities to eliminate all pollutants from entering the municipal storm
drain system.
The Contra Costa Clean Water Program's(Program)Management Committee directs the Clean Water Program.The
Committee is made up of representatives from each of the nineteen(19) cities, the County, and the Flood Control
and Water Conservation District. An important requirement of the Joint Municipal NPDES permit is to conduct
outreach activities to educate the general public on Best Management Practices (BMPs) related to stormwater
pollution prevention. The Program has funded The Watershed Project for several years to award and administer
Teacher Action Grants and to provide workshops for teachers to promote environmental awareness in the classroom.
The contract provides for$32,000 in direct grants to teachers,$8,000 for administration and$15,000 for workshops.
The Program has found the Watershed Project a valuable resource for educating our schoolteachers and youth to
affect behavioral change to improve our water quality.
CONSEQUENCES OF NEGATIVE ACTION:
If the consulting services agreement with The Watershed Project is not approved,municipalities will be restricted in
their ability to reach the youth of the county,which has been found to be a very effective tool in affecting behavioral
change.
\ 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 on behalf of the
Contra Costa Clean Water Program
(b) Consultant's Name &Address: The Watershed Project
155 Richmond Field Station
1327 South 46th Street
Richmond, CA 94804
(c) Project Name, Number, & Location: Watershed Project
Project No. 7519 6x7056
(d) Effective Date: July 1, 2006 (e) Payment Limit(s): $ 55,000
(f) Completion Date(s): June 30, 2007
2. Signatures. These signatures attest the parties'. ement her
PUBLIC AGENCY C ULTANT
By: Maurice M. Shiu
Public Works Director/ By.
Chief Engineer, or Designee (Desig a offici I c acit in the business Type of Business:
(sole proprietorship, government agenc part rship, corporation, etc.)
If Corporation, State of Incorporation:
By:
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary,
chief financial officer,or assistant treasurer. (Civ. Code,Sec. 1190 and Corps. Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
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 seal. cr /
Dated:
Notary Public
(Notary's Seal)
`3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment,to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by
this reference.
6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for
Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub-
contracts relating to the preparation of such document or written report, provided that the payment limit specified in
Sec. 1(e)exceeds$5,000.When multiple documents or written reports are the subject or products of this agreement,
the disclosure section may also contain a statement indicating that the total contract amount represents compensation
for multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$ 1,000,000 and a maximum deductible of$ 100,000;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 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. 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. 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 Auditina. 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 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 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.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.
1 Not applicable
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 Personne12. 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 proiects 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
Form approved by County Counsel(11/00)
G:\GrpData\NPDES\FORMS\CSA over 25000.doc
2 Not applicable
the
watershed
rio gi i project
APPENDIX "A"
Scope of Work
1. Contractor will administer the Teacher Action Grants Program, as developed by the
Contra Costa Clean Water Program and contractor.
a. Contractor will evaluate and make recommendations on applications received
from K-12 public school teachers and private educational agencies in Contra
Costa County for participation in the Teacher Action Grants Program.
b. Contractor will provide workshop funding for individual teacher applicants of
between $500 - $2,000.
2. Contractor will provide workshops to educators to promote environmental awareness
and provide examples of actions, students and teachers can take to protect their
watershed.
the
Watershed
project
APPENDIX "B"
Project Payment Plan
1. Public Agency will pay The Watershed Program $40,000 for the services to
be provided in Section 1. of Appendix A.
2. Public Agency will pay The Watershed Program $15,000 for the services to
be provided in Section 2. of Appendix A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
' ss.
County of jr /
On W_a
a® before me
Date Or N dle of Officer(e.g.,"Jane If. ,Notary Publi'
personally appeared �� d a
Name(s)of Signer s)
❑ personally known to me
roved 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
VW711 ROMERO he/atjp/they executed the same in hisLbgr/their
Commission# 1547376 authorized capacity(ies), and that by his/haVtheir
z
4' My
Notary Public-California signatures} on the instrument the persorTM, or the
Marin county entity upon behalf of which the person( acted,
comm.Expires Feb 24,2009 executed the instrument.
ESS my hand and officia ea.
Place Notary Seal Above
Signature of Notary Public
OPTIONA
Though the information below is not required by law, it m ove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attach -Document
Title or Type of Dmen
't
Document Date: 0 � Number of Pages:
Signer(s) Other Than N ed Above:
Capacity(ies) Claimed by Signer(s)
Signe ' Name: Signer's Name:
Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
• .
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call TW-Free 1-800-876-6827