Agenda Item AGENDA STAFF REPORT ASR Control 21-001157
MEETING DATE:	02/08/22
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	OC Community Resources (Approved)
Department contact person(s):	Dylan Wright (714) 480-2788
	Tom Starnes (949) 585-6432

Subject: Approve Contract for Curation Services for Archaeology-Paleontology Collection

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

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: OC Parks Fund 405: 100%

County Audit in last 3 years: No

Prior Board Action: N/A

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or authorized Deputy to execute the contract with Cogstone Resource Management, Inc. for Curation Services for the County of Orange Paleontology and Archaeology Collection from March 10, 2022, through March 9, 2025, in an amount not to exceed $750,000 with the option to renew for two additional one-year terms.

SUMMARY:

Approval of the contract with Cogstone Resource Management, Inc. for Curation Services will allow for the preservation of paleontological and archaeological artifacts so that their scientific, historical and cultural values are preserved.

BACKGROUND INFORMATION:

The Board of Supervisors (Board) for the County of Orange (County) enacted several resolutions relating to the preservation of fossils and archaeological artifacts. Resolution 77-866 required that paleontological, archaeological, and historical materials discovered during permitted projects must be protected or recovered, identified, and analyzed so that “their scientific and historical values are preserved.” Further, Resolution 86-684 established that the County has the exclusive right of first refusal for any paleontological or archaeological finds discovered during the development of permitted projects specifically “for the purpose of promoting scientific study and for display for the education and enjoyment of the people of Orange County.” As such, and to date, the County has collected more than six million artifacts, fossils, and associated documentation, referred to as the County of Orange Paleontology and Archaeology Collection (COPA Collection). OC Community Resources/OC Parks (OCCR/OC Parks) operates the County’s John D. Cooper Archaeological and Paleontological Center in Santa Ana, which has housed the COPA Collection since the 1970s.

The paleontology collection includes County fossils dating as far back as the Jurassic Period, over 145 million years ago, including rare and unique species in the fossil record found nowhere else in the world. The archaeology collection represents the largest assemblage of archaeological materials relating to the peopling of the County with accompanying notes, maps, and photos. The County has the responsibility, under federal and state laws, and within its own resolutions, to care for and preserve the COPA Collection for current and future generations.

Most of the six million objects in the COPA Collection were acquired by the County before OCCR/OC Parks had curation guidelines and in-house professional County staff to oversee incoming donations. This led to materials being donated without being fully curated in line with standardized museum and repository practices. A majority of the objects in the COPA Collection remain in an unprepared condition, with fossils kept in large plaster jacket blocks and archaeological artifacts awaiting sorting. A large portion of the COPA Collection includes bulk soil samples and shell midden.

Furthermore, California Assembly Bill 275 (AB 275), signed into law in 2020, has expanded various provisions of state law which allow tribal leaders or lineal descendants to reclaim human remains and other sacred artifacts from institutions, including tribes that are not currently recognized by the United States Department of the Interior. AB 275 expands the County’s duty to identify, inventory and preserve Native American archaeological artifacts in its archaeological collection than what is required under federal law. This expanded duty under state law creates a more urgent need to properly curate these artifacts so that the County can properly identify items that need review by tribal leaders and lineal descendants for potential repatriation by tribes recognized by national or state governments.

After an evaluation of internal resources, it was determined that OCCR/OC Parks requires additional specialized equipment, expertise and resources to process a larger amount of the COPA Collection and provide Curation Services (Services) in a more timely manner; therefore, it is necessary to utilize a contractor for these Services to supplement internal efforts.

On September 1, 2021, a Request for Proposal was posted on Periscope Source for Services for the COPA Collection. Three proposals were received by the bid end date of October 1, 2021 and all were deemed responsive. The proposals were evaluated by a three-member panel comprised of the OC Parks Archaeology and Paleontology Manager, an OC Parks Archaeology Specialist and a private industry paleontological subject matter expert.

Evaluations of the written proposals were based on the following criteria:

Criteria	Weight
Approach and Understanding of Scope of Work	30%
Company Experience, Technical Expertise and Qualifications	30%
Examples of Previous work	20%
Cost of Proposal	20%
	100%

The scores for the firms are summarized below. Attachment A includes the individual evaluator scores and scores for the firms. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation. One of the proposals submitted qualified for the OCPP. Based on final scoring, the contract was awarded to an OCPP qualified vendor under the Orange County Local Small Business preference policy, receiving a five-percentage point advantage.

Firm	Written (100%)	OCPP (5%)	Total
Cogstone Resource Management, Inc.	88.7	5.0	93.1
Paleowest, LLC	62.7		62.7
Dudek	42.7		42.7

Cogstone Resource Management, Inc. (Cogstone) received the highest score from the evaluations and is a qualified Orange County firm with 20 years of experience related to the Services under the proposed contract. OCCR/OC Parks has conducted due diligence on the contractor. Reference checks were satisfactory and completed with The Smithsonian National Museum of Natural History, Natural History Museum of Los Angeles, and LA Metro regarding similar services.

The recommended Contract MA-012-22010741 (Contract) with Cogstone is for an initial term of three years and can be renewed for two additional one-year terms. If approved, Services will begin on March 10, 2022, continuing through March 9, 2025, in an amount not to exceed $750,000 for during the initial three-year term, with the option to renew for two one-year terms. This contract includes subcontractors. See Attachment C for information regarding subcontractors and the Contract Summary Form.

Tasks in the Contract Scope of Work include: preparation and stabilization of vertebrate fossils from field jackets; screen wash matrix from jackets; mold and cast selected fossils for the creation of exhibits; build metal armatures to safely hold select fossils for exhibits; repair and stabilize previously prepared specimens that have degraded over time; process bulk soil samples for the recovery of plants, charcoal, shells, and other finds; process unsorted midden; and faunal identification. The County will retain all intellectual property rights to all items produced under the Contract.

Currently, public engagement with the collection is limited to small displays at nature and interpretive centers. Services under the Contract will help with preparation of fossil jackets and matrix screen washing that will contribute towards future displays of fossils at OC Parks facilities and other museums and also serve as a resource available to researchers. Further, the building of metal armatures and stabilizing prepared specimens under the Contract will ameliorate existing conditions for fossils on display, which have degraded over time.

The archaeological work of processing bulk soil samples, unsorted shell midden, and faunal identification will provide greater context to how people lived in Orange County over the last 10,000 years and will be shared with the public through exhibits at nature and interpretive centers, educational kits developed in-house and provided to schools, information panels at various OC Parks facilities and docent-led hikes. OC Parks is also seeking additional ways to enhance public outreach and education of the COPA Collection and, as additional items are curated, they will be shared with the public through new exhibits, programs, special events and tours.

Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since it is an approval of a contract for Services within the existing John D. Cooper Archaeological and Paleontological Center to allow for the preservation of paleontological and archaeological artifacts. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

FINANCIAL IMPACT:

Appropriations for this Contract are included in OC Parks Fund 405 FY 2021–22 Budget and will be included in the budgeting process for future years.

Based on the nature of these Services, the usage will vary each year. For the three-year term, the Contract has a not-to-exceed amount of $750,000.

The proposed Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations 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 – Evaluator Score Summary
Attachment B – Contract MA-012-22010741 with Cogstone Resource Management, Inc.
Attachment C – Contract Summary Form