Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000807

 

MEETING DATE:

11/16/21

legal entity taking action:

Board of Supervisors and Orange County Flood Control District

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Edward Frondoso (714) 245-4596 

 

 

Trevor Richardson (714) 955-0234

 

 

Subject:  Approve Contract for Disaster-Related Debris Removal Monitoring Services

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: No

Current Year Cost: See Financial Impact Section

Annual Cost: See Financial Impact Section

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: See Financial Impact Section

County Audit in last 3 years: No

 

 

    Prior Board Action: 11/8/2016 #8

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the Disaster-Related Debris Removal Monitoring Services is statutorily exempt from CEQA pursuant to Section 15269 of the CEQA Guidelines.

 

2.

Authorize the County Procurement Officer or authorized Deputy to execute an aggregate contract with Tetra Tech, Inc. and DebrisTech, LLC for Disaster-Related Debris Removal Monitoring Services, effective November 16, 2021, or upon execution of all authorized signatures, whichever occurs later, and shall continue for three years from that date, with the option to renew for one additional two-year term upon Board of Supervisors approval.

 

 

 

 

SUMMARY:

 

Approval of an aggregate contract for Disaster-Related Debris Removal Monitoring Services will allow OC Public Works to provide support to the public health and safety of Orange County residents in the event of a significant disaster.

 

 


 

BACKGROUND INFORMATION:

 

The Santiago and Freeway Complex fires created a need for the County of Orange (County) to take proactive measures for securing as-needed Disaster-Related Debris Removal Monitoring Services (Services) and recovery services. OC Public Works proposes to retain on-demand emergency contractual resources as part of the County's emergency preparedness planning. In order to recuperate a percentage of the contract costs from federal or state emergency management grants, the monitoring of debris removal operations must be conducted by an independent resource per the Federal Emergency Management Agency (FEMA) Public Assistance claim reimbursement process. Prior Board of Supervisors (Board) Actions are summarized in the table below.

 

Board Date

Board Action

Contractor(s)

Effective Date

End Date

11/8/2016

Approved Contract MA-080-17010429

Tetra Tech, Inc.

11/23/2016

11/22/2021

 

On August 17, 2021, OC Public Works issued a Request for Proposal (RFP) to support Services. The RFP was advertised on the County online bidding system. Two proposals were received, and both were deemed responsive. Tetra Tech, Inc. and DebrisTech, LLC (Contractors) were deemed qualified to perform the needed Services. A summary of the responsive proposals is attached as part of the Memorandum of Recommendation (Attachment D).

 

OC Public Works is procuring these Services in accordance with the 2021 Contract Policy Manual Section 3.3.102. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation. There were no OCPP qualified proposals submitted.

 

Previous Request

11/23/2016 – 11/22/2021

Current Request

11/23/21 – 11/22/24

Contractor(s)

Requested Contract Amount

Usage as of 9/23/2021

Contractor(s)

Requested Contract Amount

Anticipated

Usage

1

Unknown

No usage

2

Unknown

Unknown

 

OC Public Works is recommending the Board approve aggregate Contract MA-080-22010093 (Contract) with the Contractors for Services, effective November 16, 2021, or upon execution of all authorized signatures, whichever occurs later, and shall continue for three years from that date, with the option to renew for one additional two-year term upon Board approval. The work will be assigned to whichever contractor is available and, depending upon the request, work can be assigned to multiple contractors at the same time. Serrvices will be requested as needed if a Local Emergency is declared and approved by the Board. OC Public Works will be able to determine the Contract amount once federal and state funding is established.

 

OC Public Works has conducted due diligence on the Contractors. Reference checks were satisfactory and completed with the following entities regarding similar Services.

 

Contractor

Reference

Reference

Reference

Tetra Tech, Inc.

City of Houston, Texas

Clackamas County, Oregon

Miami-Dade County, Florida

DebrisTech, LLC

Claiborne County, Mississippi

Adams County, Mississippi

Warren County, Mississippi

 

The aggregate Contract does not currently include subcontractors or pass through to other providers. See Attachment C for Contract Summary Forms.

 

The aggregate Contract is coming to the Board less than 30 days before its commencement due to additional negotiation time required with the Contractors.

 

Compliance with CEQA: The subject activity is statutorily exempt from review under CEQA pursuant to Section 15269 of the CEQA Guidelines as an emergency project because the Contract for the Services would allow OC Public Works to support the public health and safety of County residents in the event of a significant disaster by retaining on-demand emergency contractual resources as part of the County’s emergency preparedness planning.

 

 

 

FINANCIAL IMPACT:

 

The overall costs for Services in the event of a disaster are unknown; however, those costs will be allocated to the responsible fund or budget control, depending on the extent of the disaster. The County routinely seeks eligible reimbursement from FEMA, California Office of Emergency Services (Cal OES) and private parties for portions of emergency expenses. Cal OES has reviewed the Contract and indicated that all costs associated with the Contract will be reimbursable as long as the County selected the Contractors through the competitive bidding process and has determined the costs provided by the Contractors are reasonable. Participating cities that create subordinate contracts will be responsible for payment to the Contractors for the subcontracted Services and will also be responsible for filing their own individual FEMA and Cal OES claims for reimbursement for Services provided within their respective jurisdictions.

 

The proposed aggregate 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 - Contract MA-080-22010093 with Tetra Tech, Inc.
Attachment B - Contract MA-080-22010093 with DebrisTech, LLC
Attachment C - Contract Summary Forms
Attachment D - Memorandum of Recommendation
Attachment E - Individual Scoring Sheets