AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 18-000815
MEETING DATE:	10/16/18
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):	Vicki Quiram (714) 667-3255
	Khalid Bazmi (714) 667-3213

Subject: Authorize Contract Amendment for Renewal of Mitigation Maintenance Services

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $232,329

Annual Cost: FY 2019-20 $167,671

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: OC Flood Fund 400: 75%; OC Road Fund 115: 25%	County Audit in last 3 years: No

Prior Board Action: 10/17/2017 #32, 11/22/2016 #35, 11/25/2014 #60

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or authorized Deputy to execute Amendment #4 to renew the contract with Natures Image, Inc. for Mitigation Maintenance Services, effective December 1, 2018, through November 30, 2019, in a total amount not-to-exceed $400,000 per year for a revised cumulative contract total amount not-to-exceed $2,000,000.

SUMMARY:

Amendment of the contract for renewal of Mitigation Maintenance Services with Natures Image, Inc. will facilitate maintenance of approximately three hundred acres of project mitigation sites and enable the Orange County Flood Control District to meet permit conditions required by state and federal agencies.

BACKGROUND INFORMATION:

Environmental regulations require compensatory mitigation for impacts to streambed and biological habitat for various Orange County Flood Control District (District) projects. These projects include, but are not limited to, road development projects and maintenance of flood control facilities. As required by regulatory permits associated with these projects, OC Public Works performs enhancement and maintenance of approximately three hundred acres of biological habitat within various District and OC Parks facilities.

Establishing or enhancing California's native habitat requires specialized knowledge and resources, including adequate staffing. The County maintenance crews can perform some of the required actions; however, the majority of the mitigation maintenance work requires specialized habitat restoration knowledge and resources.

Natures Image, Inc. (Contractor) performs mitigation site maintenance services, including weed removal watering and trash pick-up for OC Public Works on an as-needed basis. The need for such services can be dependent on external, uncontrollable factors, including rain received driving the growth of non-native weed species, extended drought requiring additional watering services and the amount of trash that may collect on mitigation sites. OC Public Works would like to track Contractor response time to service requests. OC Public Works will work with the Contractor to develop performance metrics to meet program goals.

On November 25, 2014, the Board of Supervisors (Board) awarded Contract MA-080-15010314 (Contract) to the Contractor for Mitigation Maintenance Services (Services), commencing on December 1, 2014, through November 30, 2015, in an amount not-to-exceed $400,000; renewable annually for four years per Board policy.

On October 8, 2015, in accordance with Section 3.3-106 of the County Contract Policy Manual (CPM), the Deputy Purchasing Agent renewed the Contract for the period of December 1, 2015, through November 30, 2016, in an amount not-to-exceed $400,000.

On November 22, 2016, the Board approved Amendment #2 to the Contract for Services, commencing on December 1, 2016, through November 30, 2017, in an amount not-to-exceed $400,000; renewable annually for two years per Board policy.

On October 17, 2017, the Board approved Amendment #3 to the Contract for Services, commencing on December 1, 2017, through November 30, 2018, in an amount not-to-exceed $400,000; renewable annually for one final year per Board policy.

OC Public Works is requesting Board approval to authorize the County Procurement Officer or authorized Deputy to execute Amendment #4, to renew the Contract with the Contractor for Services, effective December 1, 2018, through November 30, 2019, in an amount not-to-exceed $400,000 per year, for a revised cumulative Contract total amount not-to-exceed $2,000,000. The Contractor has successfully performed its obligations during the most the first four years of the Contract. The Contractor has requested an across the board 5% increase on all of their rates due to escalating costs for labor, fuel and materials over the last four years. No price increases have been implemented in the past on this Contract and OC Public Works accepts this price increase given the nature of this Contract and current market conditions.

In accordance with Section 3.3-102 of the County CPM, approval by the Board is required for all service contracts where, for any year of the Contract, the annual value to any one contractor exceeds $100,000.

The Contractor's License No. 720513 was verified as current and active through the Contractor's State License Board database on August 3, 2017. A copy of the verification is on file.

This Contract does not include subcontractors. See Attachment C for the Contract Summary Form.

FINANCIAL IMPACT:

Appropriations for this Contract are included in the FY 2018-19 Budget for OC Flood Fund 400: 75% and OC Road Fund 115: 25%.

The proposed 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 - MA-080-15010314 - Amendment #4 with Natures Image, Inc.
Attachment B - Contract MA-080-15010314 with Natures Image, Inc. - Redline
Attachment C - Contract Summary Form