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Agenda Item
ASR
Control 21-000707 |
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MEETING DATE: |
10/05/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Amanda Carr (714) 955-0601 |
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Andrew McGuire (714) 955-0655 |
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Subject: Approve Renewal of
Stormwater Education and Outreach Campaign Services
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$301,315 |
Annual Cost:
FY 2022-23 $168,685 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 9/29/2020
#13, 9/12/2017 #27, 8/9/2016 #24 |
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RECOMMENDED ACTION(S):
Authorize the County Procurement Officer or authorized Deputy to execute Amendment No. 4 to renew the contract with Action Research for Stormwater Education and Outreach Campaign Services, effective November 9, 2021, through November 8, 2022, in an amount not to exceed $470,000, for a revised cumulative contract total amount not to exceed $2,440,000.
SUMMARY:
Approval of Amendment No. 4 to renew the contract for Stormwater Education and Outreach Campaign Services will provide mandated public education and outreach assistance to support water quality enhancement and regulatory compliance for stormwater facilities.
BACKGROUND INFORMATION:
The County of Orange (County), Orange County Flood Control District (District) and the 34 cities of Orange County (Permittees) are regulated by municipal National Pollutant Discharge Elimination System (NPDES) Permits for stormwater quality. The NPDES Permits include requirements for conducting environmentally-themed public education and outreach programs focused on water quality protection. In addition, the County, as the principal permittee, is required to coordinate the public education and outreach programs for the Permittees. The cost sharing agreement between the County and the Permittees further requires the County to deliver core elements of the collaborative compliance program, including consultant support.
The NPDES Permits specifically require the Permittees to deliver 10 million educational messages, termed “impressions,” to measurably increase the knowledge and measurably change the behavior of the general population of the County with regard to water pollution prevention. Consultant support is required to assist the Permittees with the following: a) creation and strategic placement of media and non-media advertising to maximize exposure of key messages to target audiences; b) creative graphic design for internet-based advertising; c) program evaluation and effectiveness assessment; d) engagement of key target audiences in practices that are protective of creek, bay and ocean water quality to ensure NPDES Permit compliance; and e) development and implementation of targeted action campaigns utilizing community-based social marketing practices.
Outreach and education have been a key component of the regulatory compliance program since NPDES Permits were first issued in 1990. Education program effectiveness is evaluated using direct and indirect measures of program impact, including use of telephone surveys and trends in water pollution complaint reporting, household hazardous waste collection, public participation in creek and beach clean-up events and, more recently, in the tracking of specific actions taken by residents to assess behavior change. Over the past 30 years, the Permittees have found education and outreach to be a cost-effective means of preventing water pollution, protecting water quality and meeting regulatory compliance. Metrics of performance and an assessment of the effectiveness of the Stormwater Education and Outreach Campaign Services (Services) are specified in the scope of work and reported annually to the Santa Ana and San Diego Regional Water Quality Control Boards per regulatory requirements. Over the course of the contract, the contractor has consistently achieved an average of over 18 million impressions per year, measurably increased water quality awareness of Orange County residents and created specific messaging for target audiences (including materials for non-English speakers). OC Public Works will be working with the contractor to ensure continued adherence to the performance metrics outlined in Attachment A of the contract.
The work of the stormwater public education and outreach consultant is directed by a sub-committee of the Permittees, currently chaired by the City of Lake Forest. The County provides staffing for the sub-committee meetings and is responsible for administering the contract, as required by the cost sharing agreement.
On August 9, 2016, the Board of Supervisors (Board) approved the selection of S. Groner Associates to provide Services for one year. On April 27, 2017, OC Public Works issued a Request for Proposals for Services on the County’s online bidding system. Additional prior Board action is summarized in the table below.
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Board Date |
Action |
Contractor |
Amount |
Effective Date |
End Date |
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9/12/2017 |
Approved Contract MA-080-18010124 (Contract) |
Action Research (Contractor) |
$500,000 |
11/9/2017 |
11/8/2018 |
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N/A |
Deputy Purchasing Agent (DPA) executed Amendment No. 1 to Contract in accordance with Board delegated authority on 9/12/2017 |
Contractor |
$500,000 |
11/9/2018 |
11/8/2019 |
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N/A |
DPA executed Amendment No. 2 to Contract in accordance with Board delegated authority on 9/12/2017 |
Contractor |
$500,000 |
11/9/2019 |
11/8/2020 |
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9/29/2020 |
Approved Amendment No. 3 to Contract |
Contractor |
$470,000 |
11/9/2020 |
11/8/2021 |
OC Public Works is proposing to continue procurement
of Services in accordance with the 2021 Contract Policy Manual Section 3.3.102.
The Orange County Preference Policy (OCPP) was not applicable or incorporated
into this solicitation because the Contract was solicited prior to
establishment of the OCPP.
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Previous
Request November 9, 2020 – November 8, 2021 |
Current
Request November 9, 2021 – November 8, 2022 |
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Contractor(s) |
Requested Contract Amount |
Usage as of July 1, 2021 |
Contractor(s) |
Requested Contract Amount |
Anticipated Usage |
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1 |
$470,000 |
$292,146 |
1 |
$470,000 |
$470,000 |
OC Public Works is recommending Board approval to authorize the County Procurement Officer or authorized Deputy to execute Amendment No. 4 to renew the Contract with the Contractor for Services effective November 9, 2021, through November 8, 2022, in an amount not to exceed $470,000, for a revised cumulative Contract total amount not to exceed $2.44 million.
The Contractor’s performance has been confirmed as satisfactory. OC Public Works has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.
This Contract includes subcontractors. See Attachment C for information regarding subcontractors and the Contract Summary Form.
This is the final year of the Contract. Prior to Contract expiration, OC Public Works plans to issue a solicitation to continue Services.
Compliance with CEQA: The proposed project was previously determined to be Categorically Exempt from CEQA pursuant to Section 15322 (Class 22) of CEQA Guidelines on September 29, 2020, when it originally approved. CEQA Guidelines Section 15322 provides for the exemption involving mandatory public education and outreach assistance to support water quality enhancement objectives and regulatory compliance not involving any specific water quality project.
FINANCIAL IMPACT:
Appropriations for Amendment No. 4 to the Contract are included in FY 2021-22 Budget for OC Watersheds, Budget Control 034; OC Road, Fund 115; OC Flood, Fund 400; OC Parks, Fund 405, and will be included in the budgeting process for future years.
Funding for the Services is shared among the 36 Permittees. The District will provide 10 percent and the remainder divided proportionately among the cities and the County Permittee based on land area and population. The County share is funded by OC Road, OC Parks and OC Watersheds funds. The resulting shares are as follows:
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Cities |
75.9% |
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OC Watershed, Fund 034 |
4.7% |
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OC Road, Fund 115 |
4.7% |
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OC Flood, Fund 400 |
10% |
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OC Parks, Fund 405 |
4.7% |
The Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Amendment No. 4 to Contract MA-080-18010124
with Action Research
Attachment B - Redline to Contract MA-080-18010124 with Action Research
Attachment C - Contract Summary Form
Attachment D - Report