HomeMy WebLinkAboutMINUTES - 06111996 - C57 TO: BOARD OF SUPERVISORS SEL Contra
FROM: , yEdward P. Meyer, Acting Agricultural Commission
Director of Weights & Measures =_• .-a Costa
County
DATE: May 29, 1996
rpq-coiiK`f'
SUBJECT: State Pest Detection Contract for Fiscal Year 1996-97
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. 96-
0068 proposes to reimburse the County $368,440 for providing pest
detection services. The contract is effective July 1, 1996 through
June 30, 1997 .
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 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
ATTESTED L111- 1 ' - 19 9
Contact: Ed Meyer 6-5250 PHIL BA HELOR,CLERK OF THE BOARD OF
cc: Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
STATE OF CA,.IFORNIA - �/� /6 57
STANDARD AGREEMENT APPROVED BY THE CONTRACT NUMBER I AM.NO.
TD.2(REV.5-91)
ATTORNEY GENERAL 96-0068
S _
TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into 14th day of May 1996 94.6000509
In
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 I 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 aqreements, and stipulations of the State
hereinafter expressed, does hereby aqree to furnish to the State services and materials as follows:
(Set forth service to be rendered by Contractor,amount to be paid Contractor,dme 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, 1996 through June 30, 1997. This Agreement must be signed and returned within 45 days
after receipt by the Contractor. Total amount payable under this Agreement shall not exceed$368,440.00 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. 96-0068 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 he Department of General
Services, if required.
Signatu of Reviewer:
The provisions on the reverse side hereof constitute a part of this aqreement.
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 indhddu to whethera cb ratio pa 'ship,etc.,)
Department Of Food And Agriculture County of C a Cost
BY(AUTHORIZED SIGNATURE) _ BY(AUTHORI SI AT
X X
PRIWD NAME OF PERSON SI NTNG PRINTED NAr/f 617 RSON SIGNING
Alice L. Wright
TITLE ADDRESS 2366-A Stanwell Circle
Contract Officer Concord CA 94520-5666
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
THIS DOCUMENT
Department of General Services
368,440.00 80.20.02- $131,171 A/General
(OPTIONAL USE) i Use 0Ily
PRIOR AMOUNT THIS CONTRACT Department
FOR 20.25.81 -$237,269 Department of General Services
$ 0.00 ITEM 8570-601-,01il, AFTER STATUTE FISCAL YEAR
11 8570-1_0_1-00. 1 96 96/97 APPROVED
TOTAL AMOUNT ENCUMBERED TO
DATE OBJECT OF EXPENDITURE(CODE AND TITLE) JUL91 0 ,(19�
368,440.00 70207 J U b 1 sN
1 hereby certify upon my own personal knowledge that budgeted funds arty T.B.A. NO. B.R.NO.
available for the period and purpose of the expenditure stated above. BY ORIGINAL ppSIGNlE/D BY
SIGNATU OF ACCOUNTING OFFICER DATE JOHN G. BRAKI%E
A-.et.Chief Counsel
CONTRACTOR ❑ STATE AGENCY DEPT.OF GEN.SER. ❑ CONTROLLER ❑
Agreement No. 96-0068
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_
Stateof 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 containedatthe 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.
' RESOLUTIONS Paree3ent No. 96-0068 � 57
4
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 discrmination 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) Publis a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or
use of a controlled substance id prohibited and specifiying actions to be taken against employees for
violations;
(2) Establish a Drug-Free Awarness 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 druf-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 3/13/96
NONDISCRIMINATION CLAUSE (OCP-1) Agreement No. 96-0068Page 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 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
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 limited to
the cost of administering the contract.
AMENDN=/CANCELLATION
This agreement may be amended upon written mutual consent, or canceled by eitherp arty, upon thirty days
written notice unless otherwise stated (State Administrative Manual Section 1247).
M/WBE 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.
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).
Public Entity Clauses
Revised 3/13/96
Agreement No. 96-0068
INVOICE AND PAYMENTS 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 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.
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.
Public Entity Clauses
Revised 3/13/96
t., 6
Page 1 of 3
Exhibit A
County of Contra. Costa
Agreement No. 96-0068
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.
� �7
Page 2 of 3
Exhibit A
County of Contra Costa
Agreement No. 96-0068
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, 1996, to November 30, 1996, and March 1, 1997, to
June. 30, 1997. Medfly traps not located on McPhail
properties will be serviced every 14 days July. 1, 1996, to
November 30, 1996, and March 1, 1997, to June 30, 1997.
Ensure that Medfly traps IN OTHER URBAN AREAS are serviced
every 14 days July 1, 1996, to October 31, 1996, and April 1,
1997, to June 30, 1997. McPhail traps IN OTHER URBAN AREAS
will be serviced every seven days July 1, 1996, to October 31,
1996, and April 1, 1.997, to June 30, 1997.
Medfly traps in rural areas are to be serviced once each month
and relocated at that time.
D. EnsurethatOriental fruit fly traps in the SOUTH SAN FRANCISCO
BAY AREA are serviced every 14 days July 1, 1996, to
November 30, 1996 and March 1, 1997 t; June 30, 1997.
E. Ensure that Oriental fruit fly trans IN OTHER URBAN AREAS are
serviced every 14 days July 1, 1996, to October 31, 1996, and
April 1, 1997, to June 30 1997.
F. Ensure that melon fly traps are serviced every 14 days July 1,
1996, to October 31, 1996, and June 1, 1997, to June 30, 1997.
G: Ensure that gypsy moth and Japanese beetle traps are serviced
every 14 days July 1, 1996, to August 30, 1996, and June 1,
1997, to June 3-0, 1997. 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 1;,4mber 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.'
Page 3 of 3
Exhibit A
County of Contra Costa
Agreement No. 96-0068
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 al'1 information regarding
servicing, '-citing, and relocation of traps.
K. Maintain cc-=ty 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.
N. Maintain an, inventory of all know- fruit fly host sites. The
inventory stall be organized by square mile, contain the
address of '-ost property traceable to the nearest cross street,
and indicate
e known hosts on that property. The inventory shall
be updated yearly. The multiple trap card system will suffice
for this irn-entory.
0. 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 Hours/Year Worksheet)
along with :he budget display for each fiscal year trapping
program. Fcrm 60-223 will be prepared by using the Standard
Trap Serviclings per, season form.
Q. Those count-4es generating Dibrom seated wicks (oriental fruit
fly and Melon fruit fly detection :.raps) will possess a CAI
number issued by the California E-.vironmental Protection
Agency.
Department of AgricultureContra John H. de Fremery
Agricultural Commissioner-
2366A Stanwell Circle Director Weights and Measures
Concord, California 94520-4807 Costa
646-52
FAX ,County
FAX (510) 646-6-5732
Branch Office
c
724-3rd Street � 'E. l
Brentwood,California 94513-1360
(510)634.5682 /
FAX(510)634-2201
EXHIBIT B
COUNTY OF CONTRA COSTA
AGREEMENT NO 96-0068
PEST DETECTION TRAPPING BUDGET
FY 1996/97
A. PERSONNEL
1 Salaries $239,032
2 Staff Benefits & Overhead $100,317
TOTAL $339,349
B. SUPPLIES $0
C. VEHICLE OPERATION $28,091
D. E-MAIL- maintenance $1,000
TOTAL CONTRACT AMOUN $368,440
EXHIBIT C
1996/97 COUNTY OF Contra Costa
AGREEMENT NO. 96-0068
COUNTY COMMITMENT CONTRACTED TOTAL
TRAP TRAPS TRAPS TRAPS
MEDFLY 30 1,130 1,160
MC PHAIL 0 870 870
ORIENTAL FF 0 540 540
MELON FF 0 250 250
GYPSY MOTH 200 670 870
JAPANESE BEETLE 182 238 420
trap totals 412 3,698 4,110