HomeMy WebLinkAboutMINUTES - 08051997 - C68 TO: _. BOARD OF SUPERVISORS sE L Contra
FROM: 4_ s Costa`.J Orta
Edward P. Meyer, Agricultural Commissioner - liC.l
Director of Weights & Measures County
DATE` August 5, 1997
SUBJECT: State Pest Detection Contract for Fiscal Year 1997-98
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize Chairman, Board of Supervisors, to sign a contract with
the California Department of Food and Agriculture. Contract No.
97-0017 proposes to reimburse the County $385,227 for providing
pest detection services . The contract is effective July 1, 1997
through June 30, 1998 .
BAC CGROUND
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 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.
ATTESTED— o s�N7
Contact: Bob Cruickshank PHIL BAT ELOR,CLERK OF THE BOARD OF
cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
BY DEPUTY
STATE-OF CALIFORNIA
APPROVED BY THE �.� � CONTRACT NUMBER � AM.NO.
STANDARD AGREEMENT ATTORNEYGENERAL / 97-0017
STD.2(REV.3-91)
TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 9th day of June 1997 94.6000509
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 Department Of 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 the attached Exhibit 'C' and by these references made a part hereof.
This Agreement is effective July 1, 1997 through June 30, 1998. This Agreement must be signed and returned within 45 days
after receipt by the Contractor. Total amount payable under this Agreement shall not exceed $385,227.00 as identified in the
attached Exhibit 'B' and by this reference made a part hereof.
The Contractor shall be reimbursed monthly, in arrears, upon receipt and approval of a Pest Detection Report 1 (66-035), and
an itemized invoice, in triplicate, referencing Contract No. 97-0017 and sent to: Department of Food and Agriculture, Pest
Detection/Emergency Project, Attention: George Loughner, 1220 N Street, Room A-330, Sacramento, California 95814.
This Agreement shall not be considered effective unless signed by both parties and approved by the Department of
General Services, if required.
: n rIt M r:
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 (510)646-5250
AGENCY CONTRACTOR (If other than an individual,state whether corporation,partnership,etc.,)
Department Of Food And Agriculture County of Contra Costa
BY(AUTHORIZED SIGNATURE) t BY(AUTHORIZED SIGNATURE)
X zy'z� 4;�;16 X
PRINT15b ME OF PERSON SI NING V PRINTED NAME AND TITLE OF PERSON SIGNING
Alice L. Wright
TITLE ADDRESS 2366-A Stanwell Circle
Contract Officer Concord CA 94520-5666
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) 7A/
ND TITLE
THIS DOCUMENT $ 20.02 - $1 40,615 eneral Department of General Services
385,227.00 Use Only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR 20.25.81 - $244,612
THIS CONTRACT
0.00 ITEM8570-601-0111 CHAPTER STATUTE I FISCALYEAR
8570-101-0001 97 97/98
TOTAL AMOUNT ENCUMBERED TO
DATE OBJECT OF EXPENDITURE(CODE AND TITLE) Agreement approved by
385,227.00 70207 Dept. of General Service
1 hereby certify upon my own personal knowledge that budgeted funds are T.B.A. NO. B.R.NO. Office of Legal Servi4@
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
CONTRACTOR ❑ STATE AGENCY ElDEPT.OF GEN.SER. ❑ CONTROLLER ❑
Agreement No. 97-0017
Page 2
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, Agents, ,
and employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, materialmen, laborers and any other person, firm or corporation
furnishing or supplying work, services, materials or supplies in connection with the performance
of this contract, and from any and all claims and losses accruing or resulting to any person, firm
or corporation who may be injured or damaged by the Contractor in the performance of this
contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of this
agreement, shall act in an independent capacity and not as officers or employees or agents of
State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration
to Contractor should Contractor fail to perform the covenants herein.contained at the time and in
the manner herein provided. In the event of such termination the State may proceed with the
work in any manner deemed proper by the State. The cost to the State shall be deducted from
any sum due the Contractor under this agreement, and the balance, if any, shall be paid the
Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor
either in whole or in part.
5. Time is of.the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and
signed by the parities-hereto, and no oral understanding or agreement not incorporated herein,
shall be binding on any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all
of Contractors expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
flsc';�J to
Agreement No. 97-0017
RESOLUTIONS Page 3
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).
AMERICANS WITH DISABILITIES ACT(ADA)COMPLIANCE
By signing this Agreement, Contractor assures the State that it complies with the Americans with Disabilities Act(ADA) of 1990,
(42 U.S.C. 12101 et seq), which prohibits discrimination on the basis of disability,as well as all applicable regulations and guidelines
issued pursuant to the ADA.
DRUG-FREE WORKPLACE ACT OF 1990 CERTIFICATION
By signing this Agreement,the Contractor or grantee hereby certifies under penalty of perjury under the laws of the State of California
that the Contractor or grantee will comply with the requirements of the Drug-Free Workplace Act of 1990(Government Code Section
8350 et seq)and will provide a drug-free workplace by taking the following actions:
(1) Publish a statement notifying employees that unlawful manufacture,distribution,dispensation,possession, or use of a controlled
substance id prohibited and specifying actions to be taken against employees for violations;
(2) Establish a Drug-Free Awareness Program to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The person's or organization's policy of maintaining a drug-free workplace;
(c) . Any available counseling,rehabilitation,and employee assistance programs;and,
(d) Penalties that may be imposed upon employees for drug abuse violations.
(3) Every employee who works on the proposed contract will:
(a) Receive a copy of the company's drug-free workplace policy statement;and,
(b) Agree to abide by the terms of the company's statement as a condition of employment on the contract.
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.
Public Entity Clauses
Revised 9/4/96
NONDISCRIMINATION CLAUSE(OCP-1) Agreement No. 97_0017
Page 4
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
=_ contractors 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 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 a 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 Iimited to the cost of administering 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). In the event the State cancels this agreement due to Contractor's Breach
of Contract, the State shall have the authority to terminate this agreement immediately upon giving notice to the Contractor.
M/W/DV 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.
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.
SUBCONTRACTING
Contractor shall not subcontract any services under this contract without prior approval of the State's representatives.
Public Entity Clauses
Revised 9/4/96
INVOICE AND PAYMENTS Agreement No. 97-0017
Page 5
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 CODEIWORKER'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.
PROFESSIONAL WORK
All work to be perform in accordance with all acceptable State standards.
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.
TRAVEL AND PER DIEM
Travel and subsistence payments shall be paid as needed to execute the work. As such,travel and subsistence payments are defined in
accordance with DPA Rules and Regulations.
Public Entity Clauses
Revised 9/4/96
Page 1 of 3
Exhibit A
County of Contra Costa
Agreement No. 97-0017
EXHIBIT A
Contract Specifications for State-County
Insect Pest Detection Trapping
AGENCY RESPONSIBILITY
Section 1
The 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 programs annually for the purpose of
establishing and signing form 60-221 (FY- Commitment Form) which will become Exhibit
C of this agreement.
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.
F. Pick up Dibrom treated wicks according to CA-EPA guidelines.
Section 2
The County Agricultural Commissioner shall:
A. Place and service 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 CDFA Insect Trapping Guide under"Definitions" for individual county situations.
Ensure that all trapping procedures and protocols adhere to those outlined in the Insect
Trapping Guide. A copy of the Insect Trapping Guide shall be kept in the trapper's
vehicle for reference.
B. Ensure that all traps (except McPhails) are numbered and dated at each servicing,
indicating when rebaited. Trapping activities, including seasonal hiring and training (see
trapping activities defined under "Definitions" in the Insect Trapping Guide) 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. Ensure that Medfly and McPhail traps on the same property in the SOUTH SAN
FRANCISCO BAY AREA are serviced every seven days July 1, 1997, to
November 30, 1997, and March 1, 1998, to June 30, 1998. Medfly traps not located on
Page 2 of 3
Exhibit A
County of Contra Costa
Agreement No. 97-0017
McPhail properties will be serviced every 14 days July 1, 1997, to November 30, 1997,
and March 1, 1998, to June 30, 1998.
Ensure that Medfly traps IN OTHER URBAN AREAS are serviced every 14 days
July 1, 1997, to October 31, 1997, and April 1, 1998, to June 30, 1998. McPhail traps
IN OTHER URBAN AREAS will be serviced every seven days July 1, 1997, to October
31, 1997, and April 1, 1998, to June 30, 1998.
Medfly traps in rural areas are to be serviced once each month and relocated at that
time.
D. Ensure that Oriental fruit fly traps in the SOUTH SAN FRANCISCO BAY AREA are
serviced every 14 days July 1, 1997, to November 30, 1997 and March 1, 1998 to
June 30, 1998.
E. Ensure that Oriental fruit fly traps IN OTHER URBAN AREAS are serviced every 14
days July 1, 1997, to October 31, 1997, and April 1, 1998, to June 30 1998.
F. Ensure that melon fly traps are serviced every 14 days July 1, 1997, to
October 31, 1997, and June 1, 1998, to June 30, 1998.
G. Ensure that gypsy moth and Japanese beetle traps are serviced every 14 days
July 1, 1997, to August 30, 1997, and June 1, 1998, to June 30, 1998, or as determined
by the CDFA District Entomologist. Gypsy moth traps located in remote areas may be
placed in the spring and recovered in the fall with no interim servicing.
H. Send trapping personnel to training provided by state detection entomologists.
I. Make a monthly report to the State on Form 66-035 (Rev.6/94)(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.
J. 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, and relocation of traps.
K. Maintain county wall maps gridded into numbered square miles, depicting density of all
traps deployed.
L. Allow state detection personnel and/or federal PPQ officers to perform quality control
inspections on all county trap lines including any specified county commitment trap lines.
M. Allow state detection entomologists and/or federal PPQ officers to accompany trappers
and/or supervisors in the field. This will be credited as field training for county
personnel.
Page 3 of 3
Exhibit A
County of Contra Costa
Agreement No. 97-0017
N. Maintain an inventory of all known fruit fly host sites. The inventory shall be organized
by square mile, contain the address of host property traceable to the nearest cross
street, and indicate known hosts on that property. The inventory shall be updated
yearly. The multiple trap card system will suffice for this inventory.
O. Maintain on a daily basis a Form 60-210 (Daily Trapping Summary)for each trapper.
This form will be available to the District Entomologist for review for an 18 month period.
P. Submit a completed Form 60-223 (Trapping HoursNear Worksheet)along with the
budget display for each fiscal year trapping program. Form 60-223 will be prepared by
using the Standard Trap Servicings per season form.
Q. Those counties generating Dibrom treated wicks (Oriental fruit fly and Melon fruit fly
detection traps) will possess a CAI number issued by the California Environmental
Protection Agency.
EXHIBIT B
COUNTY OF CONTRA COSTA
AGREEMENT NO 97-0017
PEST DETECTION TRAPPING BUDGET
FY 1997/98
A. PERSONNEL
1 Salaries $250,628
2 Staff Benefits& Overhead $105,708
TOTAL $356,336
B. SUPPLIES $0
C. VEHICLE OPERATION $28,091
D. E-MAIL- maintenance $800
TOTAL CONTRACT AMOUNT $385,227
c:/budget/9798dbug\det9798b.x1s
EXHIBIT C
1997/98 COUNTY OF Contra Costa
AGREEMENT NO. 97-0017
COUNTY COMMITMENT CONTRACTED TOTAL
TRAP TRAPS TRAPS TRAPS
MEDFLY 30 1,130 1,160
MC PHAIL 0 825 825
ORIENTAL FF 0 555 555
MELON FF 0 260 260
GYPSY MOTH 200 700 . 900
JAPANESE BEETLE 182 243 425
trap totals 412 3,713 4,125