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HomeMy WebLinkAboutMINUTES - 07191994 - 1.36 TO: BOARD OF SUPERVISORS Contra FROM: John H. deFremery, Agricultural Commissioner - Costa rl� Director Weights & Measures '< June 28 1994 ;o _ -�P DATE: County srd Your SUBJECT: State Pest Detection Contract for Fiscal Year 1994-95 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize Chair, Board of Supervisors, to sign a contract with the California Department of Food and Agriculture. Contract No. 94-0147 proposes to reimburse the County $344,.940 for providing pest detection services . . The contract is effective July 1, 1994 through June 30, 1995 . BACKGROUND The County Department of Agriculture deploys traps countywide to detect incipient infestations of exotic pests such as Medfly, Gypsy Moth, Japanese Beetle, etc. The State reimburses the County for all costs that exceed our historic level of trapping.. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE - OTHER SIGNATURE (S): ACTION OF BOARD ON 011 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON.THE DATE SHOWN. I' cc: Agriculture_ ATTESTED a-j-- IT 9 �► Auditor—ControllerA Administrator B CHE R,CLERK OF THE BOARD OF County A SUPERVISORS AND COUNTY ADMINISTRATOR Contact: . Ed Meyer 646-5250 , M382 (10/88) BY �����)/�Y, 'DEPUTY STATE OF.CALIFORNIA , 34 APPROVED BY THE. CONTRACTNUMBER AM.NO. STANDARD AGREEMENT- ATTORNEY GENERAL STD.2(REV.s-etr 94-0147 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMEcR THIS AGREEMENT T,made and entered into this 10th day of June 19 94 0 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY SECRETARY Food and Agriculture hereafter called the State,and CONTRACTOR'S NAME County of Contra Costa hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) Contractor to place and service traps in accordance with the obligations and specifications set forth in Exhibit A and provide all equipment, personnel, and materials (except traps, trap parts, and lures) , necessary to place and service the. number of traps designated in Exhibit C attached hereto and by these references made a part hereof. This Agreement shall be effective July 1, 1994 through June 30, 1995. This Agreement must be signed and returned within 45 days after receipt by the Contractor. Total amount payable under this Agreement shall not exceed the amount shown on the attached "Budget Sheet" identified as Exhibit B and by this reference made a part hereof. The Contractor shall be reimbursed by submitting an itemized invoice on County leterhead, in triplicate, monthly in arrears, with a copy of Pest Detection Report I (66-035) for the same period, identified with the Contract Number and send to: California Department of Food and Agriculture, Pest Detection/Emergency Projects, Attention George Loughner, 1220 N Street, Room A-350, Sacramento, CA 95814. This Agreement shall not be considered effective unless signed by both parties and approved by the Department of General Services, if required. Sa?UO�H1 "� ccr CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTACTOR(tf other than-an i drviduat,state whether a corporation,partnership,etc.) Department of Food and Agriculture County of Contra Costa , BY(AUTHORIZED SIG ATURE) BY(AUTHORIZED SIGNATURE)' PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Alice L. Wright TITLE AOORESS Contract Officer AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT 80.20.02 $112,610.00 AG/General Use $ 344,940.00 (OPTIONAL USE) t PRIOR AMOUNT ENCUMBERED FOR 202581 $232,330.00 FORM P01! BUDGET . . THIS CONTRACT �@ grtiTlC tlt Of General SerVICes / $ O ITEM V!570-80-1/1 CHAPTER STATUTE FISCAL YEAR p TOTAL AMOUNT ENCUMBERED TO SS7O��-OO1 94 94/95 A P P CC) DATE OBJECT OF EXPENDITURE(CODE AND TITLE) AUG$ 344,940.00 70207 U 16 I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. OPI9GW are available for the period and purpose of the expenditure stated above. �"CQ� � �� SIGNATURE COUNTING FIC DATE BY GARIE� NESS Ll Asst.Chief Counsel { CJNTRACTOR CE1116TE AGE C DEPT.OF GEN.SER. O CONTRO LER Agreement No. 94-0147 RESOLUTIONS Page 2 A copy of a resolution, order, motion, or ordinance of the local governing body by law having authority to enter into proposed contract authorizing execution of agreements must be included when contracting parties are county, city, district, board or commissions (State Administrative Manual Section 1208). DISPUTES Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer, or designated representative, of each organization for joint resolution. NATIONAL LABOR RELATIONS BOARD CERTIFICATION _ Contractor, by signing this agreement, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two- year period because of the Contractor's failure to comply with an order of a Federal court which orders the Contractor to comply with an order of the National Labor Relations Board (Public Contract Code Section 10296). STATEMENT OF COMPLIANCE The Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the Contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations Section 8103. NONDISCRIMINATION CLAUSE (OCP-1) During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other,agreement. This contractor shall include the the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. AUDIT It is hereby mutually agreed that Contractor shall be subject to the examination and audit of the Auditor General for period of three years after final payment under this agreement (Government Code 8546.7). The examination and audit shall be confined to those matters connected with the performance of this contract including but not limited to the cost of administering the contract. FUNDING The State has the option to cancel the Contract under the 30-day cancellation clause or to amend the Contract amount to reflect any change in funds appropriated: MINORITY/WOMEN BUSINESS ENTERPRISE AUDIT Contractor or vendor agrees that the awarding department or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of the contract. Contractor or vendor agrees to provide the awarding department or its delegatee with any relevant information requested and shall permit the awarding department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Public contract Code Section 10115 et seq. and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor or vendor further agrees to maintain such records for a period of three (3) years after final payment under the contract. AMENDMENT/CANCELLATION This agreement may be amended upon written mutual consent, or canceled by either party, upon thirty days written notice unless otherwise stated (State Administrative Manual Section 1247). BUDGET ACT It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this contract does not appropriate sufficient funds for the program, this contract shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this contract and the Contractor shall not be obligated to perform any provisions of this contract. APPROVAL This contract shall not be considered effective until signed by both parties and approved by the Department of General Services, if required (State Administrative Manual Sections 1215 and 1216). INVOICE AND PAYMENTS The Contractor shall render invoices for total monthly or quarterly charges,in the month.or quarter following the month or quarter for which the charges accrue. Invoices will be submitted in triplicate. Allow up to sixty calendar days for payment of invoices. LABOR CODE/WORKER'S COMPENSATION Contractor certified and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker' Compensation or to undertake self-insurance in accordance with the provisions of that Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this contract. SUBCONTRACTING Contractor shall not subcontract any services under this contract without prior approval of the State's representatives. PROFESSIONAL WORK All work to be perform in accordance with all acceptable State standards. TRAVEL AND PER DIEM Travel and subsistence payment shall be paid as needed to execute the work. As such, travel and subsistence payments are defined in the applicable bargaining agreements filed in accordance with DPA Rules and Regulations. PERSONAL SERVICES This Contract has complied with the standards set forth in Government Code Section 19130(b), Public Contract Code Section 10337 and State Administrative Manual Sections 1249 and 1268. Agreement No. 94-0147 Page 3 The itemized invoice shall include separate sections entitled PERSONNEL, TRANSPORTATION, and SUPPLIES/EQUIPMENT. All personnel charged to the Contract shall be listed by name, hourly wage, benefits and total salary. Transportation charges shall be listed by vehicle license number, miles driven, cost per mile, and total cost. Supplies/Equipment of $50.00 or more shall be accompanied by itemized sales receipts (not a purchase order request) . Those items in excess of $100.00 shall require prior approval from the State Coordinator. Payments will be made after certification and signature by the State Coordinator; this will not cause unreasonable delay. Motor vehicles previously purchased with funds advanced pursuant to this Contract shall be used only for the trapping activities that are described in this Contract, or in subsequent renewals or extensions of this Contract. The State may be invoiced by the Contractor for the actual costs of gasoline, oil, tires, and general. mainten- ance incurred in operating these vehicles. The Contractor may not invoice the State for other costs including depreciation. Motor vehicles leased/rented and used only for trapping activities pursuant to this Contract may be billed for actual lease/rental charge and actual cost of gasoline, oil, and general maintenance incurred in operating these vehicles. This shall include vehicles leased/rented from local county motor pool. Page 1 of 3 Exhibit A County of Contra Costa Agreement No. 94-147 EXHIBIT A Contract Specifications for State-County Detection Trapping Program AGENCY RESPONSIBILITY Section 1 California Department of Food and Agriculture shall: A. Provide all traps, trap parts, and lures. . B. Provide technical assistance and training to county agricultural personnel on the use of traps and detection procedures. C. Assist with and review the county's trapping program. D. Provide county trappers with copies of the CDFA Insect Trapping Guide. E. Provide an annual training program specifically for trapping supervisors in which all counties shall participate. Section 2 The County Agricultural Commissioner shall: A. Place the minimum number of each trap type specified in Exhibit C. Trap densities, trapping periods and servicing schedules shall conform with those specified in the Insect Trapping Guide under "Definitions" for individual county situations. Ensure that all trapping procedures and protocols adhere to those outlined in the CDFA Insect Trapping Guide. A copy of the guide shall.be kept in the trapper's vehicle for reference. B. Ensure all traps (except McPhails) are numbered and dated at each servicing, indicating when deployed, rebaited, rotated, or relocated. Trap placement will start on the dates shown below. Traps will be removed on their final servicing prior to the end of the season, but not later than the dates shown below. C. SOUTH SAN FRANCISCO BAY AREA: Ensure that Medfly and McPhail traps on the same property are serviced every seven days July 1, 1994, to November 30, 1994, and March 1, 1995, to will be June 30, 1995. Medfly traps not located on McPhail properties will be serviced every 14 days July 1, 1994, to November 30, 1994, and March 1, 1995, to June 30, 1995. Page 2 of 3 Exhibit A County. of Contra Costa Agreement No.94-147 OTHER URBAN AREAS: Ensure that Medfly traps are serviced every 14 days July 1, 1994, to October 31, 1994, and April 1, 1995, to June 30, 1995. McPhail traps will be serviced every seven days July 1, 1994, to October 31, 1994, and April 1, 1995, to June 30, 1995. Medfly traps in rural areas are to be serviced once each month and relocated at that time. D. SOUTH SAN FRANCISCO BAY AREA: Ensure. that Oriental fruit fly traps are serviced every 14 days July 1, 1994, to November 30, 1994 and March 1, 1995 to June 30, 1995. Melon fly traps are serviced every 14 days July 1, 1994, to October 31, 1994, and June 1, 1995, to June 30, 1995. OTHER URBAN AREAS: Ensure that OFF traps are serviced every 14 days July 1, 1994, to October 31, 1994, and April 1, 1995, to June 30 1995. E. Ensure that gypsy moth and Japanese beetle traps are serviced every month July 1, 1994, to August 30, 1994, and June 1, 1995, to June 30, 1995. Gypsy moth traps located in remote areas may be placed in the spring and recovered in the fall with no interim servicing. F. Send trapping personnel to training provided by state detection entomologists. G. Make a monthly report to the State on Form 66-035 (Pest Detection Report Number 1) of all traps deployed and serviced during the month. Report all traps added or removed, and the total number of servicings during the month. Do not count trap relocation as "removed" and then "added" . A servicing is an inspection of the trap for the presence of the target pest. THIS REPORT MUST BE SUBMITTED WITH THE MONTHLY INVOICE FOR THE SAME TIME PERIOD. H. Provide one set of trapping records for all traps. This set, in the form of a "trapbook" , will indicate the exact trap location using a site map and all information regarding servicing, baiting, rotation, and relocation of traps. Page 3 of 3 Exhibit A County of Contra Costa Agreement No. 94-147 I. Maintain county wall maps gridded into county-unique, numbered square miles , depicting density and distribution of all traps deployed. J. Allow state detection personnel and/or federal PPQ officers to perform quality control inspections on the county trapping program. K. Allow state detection entomologists to accompany trappers and/or supervisors in the field. This will be credited as field training for county personnel. L. Maintain a list of all known fruit fly host sites. List shall be organized by square mile, contain the address of host property traceable to the nearest cross street, an indicate all known hosts on that property. The list shall be updated yearly. I i i j Exhibit B Page 1 Agreement No. 94-147 CONTRA COSTA COUNTY County of Contra Costa DEPARTMENT OF AGRICULTURE Proposed Budget Trapping Program -Fiscal Year 1994-95' I. PROGRAM - FIELD TRAPPING A. McPhail 1 South Bay (5/Sq mi); 7-Day Trapping Interval (9 months) July 1, 1994 through November 30, 1994 and March 1, 1995 through June 30, 1995. (Deployed with Medfly) 169 traps x (40 servicings+ 6 relocatons) 7,774 2 Other Urban (5/Sq mi): 7-Day Trapping Interval (7 months) July 1, 1994 through October 31, 1994 and April 1, 1995 through June 30, 1995 696 traps x (30 servicings+ 4 relocations) 23,664 B. Medfly 1 Southbay (10/Sq mi): I a. 7-Day trapping Interval (9 months) July 1, 1994 through November 30, 1994 and March 1, 1995 through June 30 , 1995 (Deployed with McPhail) 169 traps x (40 servicings+ 6 relocations) 7,774 b. 14-Day Trapping Interval (9 months) July 1, 1994 through November 30, 1994 and March 1, 1995 through June 30 ,1995. (Deployed with Oriental FF) 169 traps x (20 servicings+ 6 relocations) 4,394 2 Other Urban (5/Sq mi): 14-Day Trapping Interval (7months) July 1, 1994 through October 31, 1994 and April 1, 1995 through June 30, 1995 770 traps - x (16 servicings+ 4 relocations) 15,400 3 Rural (1/6 Sq mi): 30-Day Trapping Interval (7months) July 1, 1994 through October 31, 1994 and April 1, 1995 through June 30, 1995. 11 traps x (8 servicings+ 6 relocations) 154 Exhibit B Page 2 Agreement No. 94-147 County of Contra Costa C. Oriental Fruit Fly 1 South Bay (5/Sq mi): 14-Day Trapping Interval (9 months) July 1, 1994 through November 30, 1994 and March 1, 1995 through June 30, 1995. (Deployed with Medfly) 169 traps x (20 servicings+ 6 relocations) 4,394 2 Other Urban (2/Sq mi): 14-Day Trapping Inverval (7 months) July 1, 1994 through October 31, 1994 and April 1, 1995 through June 30, 1995 371 traps x (16 servicings+ 4 relocations) 7,420 D. Melon Fruit Fly 1 South Bay and Other Urban (1/Sq mi): 14-Day Trapping Interval (5 months) July 1, 1994 through October 31, 1994 and June 1, 1995 through June 30 1995. 250 traps x (12 servicings+ 1 relocations) 3,250 E. Gypsy Moth 1 South Bay and Other Urban (3/Sq mi): 14-Day Trapping Interval (3 months) July 1, 1994 through August 31, 1994 and June 1, 1995 through June 30 1995 650 traps x (7 servicings+ 0 relocations) 4,550 G. Japanese Beetle 1 South Bay and Other Urban (2/Sq mi): 14-Day Trapping Interval (3 months) July 1, 1994 through August 31, 1994 and June 1, 1995 through June 1, 1995. 238 traps x (7 servicings+ 0 relocations) 1,666 Total Number of Servicings required for State Commitment 80,44o 80,440 Servicings divided by 54 Servicings per day equals 1,490 days 1,490 days times 8 hours/day equals 11,917 Trapping Hours II. PROGRAM - SUPPORT Pest Detection Trapper Data Entry 320 Pest Detection Trapper Quality Control 800 Biologist Quality Control 820 Direct Supervision 540 Clerical 652 Total Support Hours 3,132 Exhibit B Page 3 Agreement No. 94-147 III. PROGRAM - COSTS Cb mty of Contra Costa A. Personnel July -November Pest Detection Trapper(P.I.) Trapping Hours : 6,316 $12.96/hr $81,856 Pest Detection Trapper Benefits: $81,856 times 0.1677 $13,727 Pest Detection Trapper(P.I.) Data Entry Hours: 169.6 @ $12.96/hr $2,198 Pest Detection Trapper Benefits: $2,198 times 0.1677 $369 Pest Detection Trapper(P.I.) Quality Control Hours: 424 @ $12.96/hr $5,495 Pest Detection Trapper Benefits: $5,495 times 0.1677 $922 Ag Biologist (Perm) Quality Control Hours: 434.6 @ $21.38/hr $9,292 Ag Biologist Benefits: $9,292 times 0.2837 $2,636 Deputy Commissioner(Perm), Direct Suprvsn Hours: 286.2 @ $25.21/hr $7,215 Deputy Commissioner Benefits: $7,215 times 0.2837. $2,047 Clerical (Perm) Hours: 345.56 @ $15.20/hr $5,253 Clerical Benefits: $5,253 time_s 0.2837 $1,490 March-June Pest Detection Trapper(P.I.) Trapping Hours : 5,601 @ $13.09/hr $73,317 Pest Detection Trapper Benefits: $73,317 times 0.1677 $12,295 Pest Detection Trapper(P.I.) Data Entry Hours: 150.4 @ $13.09/hr $1,969 Pest Detection Trapper Benefits: $1,969 times 0.1677 $330 Pest Detection Trapper(P.1.) Quality Control Hours: 376 @ $13.09/hr $4,922 Pest Detection Trapper Benefits: $4,922 times 0.1677 $825 Ag Biologist (Perm) Quality Control Hours: 385.4 @ $21.59/hr $8,321 Ag Biologist Benefits: $8,321 times 0.2837 $2,361 Deputy Commissioner(Perm), Direct Suprvsn Hours: 253.8 @ $25.46/hr $6,462 Deputy Commissioner Benefits: $6,462 times 0.2837 $1,833 Clerical (Perm) Hours: 306.44 @ $15.36/hr $4,707 Clerical Benefits: $4,707 times 0.2837 $1,335 Total Personnel Costs $251,176 B. Overhead (25%) $62,794 Total Personnel Costs and Overhead $313,970 C. Vehicles 12- Pickup Trucks @ 50 miles per day (149 workdays- 7months) @ $.30/mile $26,820 2- Pickup Trucks @ 50 miles per day (42 workdays-2 months) @ $.30/mile $2,520 1 - County Pickup Truck @ 11 miles per day (191 days- 9 months) $.30/mile $630 Total Vehicle Costs $29,970 D. E-Mail Installation and expenses related to E-Mail $1,000 Total E-Mail Expense $1,000 Total Vehicle, Personnel,& Overhead Costs $344,940 EXHIBIT C County of Contra Costa Agreement No. 94-147 COUNTY COMMITMENT STATE COMMITMENT TOTAL ----------------- ---------------- ---- MEDFLY ( 30 ) ( 1119 ) ( 1149 ) ORIENTAL FF ( ) ( 540 ) ( 540 ) MELON FLY ( ) ( 250 ) ( 250 ) GYPSY MOTH ( ; 200 650 ) ( 850 ) JAPANESE BEETLE ( ; 182 ) ( 238 ) ( 420 ) MCPHAIL ( ' ) ( 865 ) ( 865 )