Loading...
HomeMy WebLinkAboutMINUTES - 06192001 - C.51 I TO: BOARD OF SUPERVISORS yK...L _ Contra FROM: Edward P. Meyer, Agricultural Commissioner Costa Director of Weights 1& Measures !l7;/l Ati.•; * County ,re DATE: June 12, 2001 �iT--- �T cour+t' SUBJECT: State Pest Detection Contract for Fiscal Year 2001-02 i SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND-AND JUSTIFICATION I RECOMMENDATION I Authorize Chair, Board oflSupervisors, to sign a contract with the California Department of Food and Agriculture . Contract No. 01- 0036 proposes to reimburse the County $385, 368 for providing pest detection services. The contract is effective July 1, 2001 through June 30, 2002 . I 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. I CONTINUED ON ATTACHMENT: YES SIGNATURE: Rf,COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER I SIGNATURES: ACTION OF BOAR N ne, DOM APPROVED AS RECOMMENDED OTHER i I I I VOTE OF SUPERVISORS 1 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. r� ATTESTED V v Contact: Vince Guise 6-5250 U ;LERK OF THE BOARD OF cc: Auditor-Controller SU ERVISORS AND COUNTY ADMINISTRATOR I I BY DEPUTY i CCC201 Page 1 of 4 i i CCC201 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor%Bidder Firm.Naine (Printed) Federal ID Number � I By (Authorized Signature) I Printed Name and Title of Person Signing i Gayle B. Uilkema, Chair, Board of Supervisors I Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE' Contractor has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: littp://www.ols.dgs.ca.gov/STD—Process/Documents/CCC201.html 5/24/01 CCC201 Page 2 of 4 i 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the coinpany's statement as a condition of employment on theAgreement. i Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) 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 Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC,10296) (Not applicable to public entities.) 4. UNION.ORGANIZING Contractor hereby certifies that no request for reimbursement, or payment under this agreement, will seek reimbursement for costs incurred to assist, promote or deter union organizing. DOING BUSINESS WITH TH.E STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. I 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. i 2).No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): i 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer http://www.ols.dgs.ca.gov/STD_Process/Documents/CCC201.html 5/24/01 i CCC201 Page 3 of 4 or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of,above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 1 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance'with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act(ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) i 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be ,verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. i c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to doi business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, oi-ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject http://www.ols.dgs.ca.gov/STD_Process/Documents/CCC201.html 5/24/01 CCC201 Page 4 of 4 I I to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions;'or(3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 1 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other government entity. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I http://wwNv.ols.dgs.ca.gov/STD_Proce'ss/Documents/CCC201.html 5/24/01 I STANDARD AGREEMENT STD.213(NEW 02198) I AGREEMENT NUMBER 01-0036 1. This Agreement is entered into between,the State Agency and the Contractor named below STATE AGENCY'S NAME DEPARTMENT OF FOOD AND AGRICULTURE CONTRACTOR'S NAME County of Contra Costa 2. The term of this Agreement is: July 1, 2001 through June 30, 2002 3. The maximum amount $ $385,368.00 of this Agreement is:. Three Hundred Eighty-Five Thousand Three Hundred Sixty-Eight Dollars & No Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A—Scope of Work I 5 Page(s) Exhibit B—Budget Detail and Payment 2 Page(s) " Exhibit C—General Terms and Conditions GTC-201 Dated February 20, 2001 Exhibit D—Special Terms and Conditions 1 Page(s) I i I "View at www.dgs.ca.gov/contracts IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CALIFORNIA CONTRACTOR Department of General Services Use Only CONTRACTOR'S NAME(If other than an individual,state whether a corporation,partnership,etc.) County of Contra Costa BY(Authorized Sign ture) I DATE SIGNED) c"a PRINTED NAME AND TIAE OF PEkSON,9fGNNG Gayle B Uilkema, Chair, Board of Supervisors ADDRESS 2366"A" Stanwell Circle Concord, CA 94520 STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF FOOD AND AGRICULTURE BY(Authorized Signature) DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING SANDI CONRY, ACQUISITIONS MANAGER ADDRESS 1220 N STREET,ROOM 100 Exempt SACRAMENTO,CA 95814 per I I I I Agreement Number 01-0036 ' EXHIBIT A Page 1 ((Standard Agreement) SCOPE OF WORK i 1. Contractor agrees to provide to California Department of Food and Agriculture trapping services as described herein: i County will provide services for placing and servicing traps for the detection of exotic insect pests which are considered hazardous to agriculture and to the economy of California. I I 2. The services shall be performed in the County of Contra Costa. i 3. The services shall be provided during the period of July 1, 2001 through June 30, 2002. I. 4. The project representatives during the term of this agreement will be: i State Agency: Contractor: Name: George Loughner Name: Edward P. Meyer Phone: (916)654-1211 Phone: (925)646-5250 Fax: (916) 654-0555 Fax: (925)646-5732 Direct all inquiries to: State Agency I Contractor: Section/Unit: Pest Detection Emergency Projects Section/Unit: County Agricultural Commissioner Attention: George Loughner i Attention: Edward P. Meyer Address: 1220 N Street, Room A-330 Address: 2366"A' Stanwell Circle Sacramento, CA 95814 Concord, CA 94520 Phone: (916)654-1121 Phone: (925)646-5250 Fax: (916)654-0555 Fax: (925)646-5732 I I 5. See Attachment 1 to this Scope of Work for a detailed description of work to be performed and duties of all parties. I I I I i I Page 1 of.3 Exhibit A County of Contra Costa Agreement No. 01-0036 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 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. i 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 i 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. I 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, 2001, to i November 30, 2001, and March 1, 2002, to June 30, 2002. Medfly traps not located on McPhail properties will be serviced every 14 days; July 1, 2001, to November 30, 2001, I i i Page 2 of 3 Exhibit A County of Contra Costa Agreement No. 01-0036 I and March 1, 2002, to June 30, 2002. Ensure that Medfly traps IN OTHER URBAN AREAS are serviced every 14 days; July 1, 2001, to October 31, 2001, and April•1, 2002, to June 30, 2002. McPhail traps IN OTHER URBAN AREAS will.be serviced every seven days; July 1, 2001, to October 31, 2001, and April 1, 2002, to June 30, 2002. Medfly traps in rural areas are to be serviced once each month and relocated at that time. I D. Ensure that Oriental fruit fly traps in the SOUTH SAN FRANCISCO BAY AREA are serviced every 14 days; July 11, 2001, to November 30, 2001, and March 1, 2002, to June 30, 2002. E. Ensure that Oriental fruit fly traps IN OTHER URBAN AREAS are serviced every 14 days; July 1, 2001, to October 31, 2001, and April l,'2002, to June 30, 2002. i F. Ensure that melon fly traps are serviced every 14 days; July 1, 2001, to October 31, 2001, and June 1, 2002, to June 30, 2002. G. Ensure that gypsy moth and Japanese beetle traps are serviced every 14 days; July 1, 2001, to August 30, 2001, and June 1, 2002, to June 30, 2002, 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 I 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 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. I I Page 3 of 3 Exhibit A County of Contra Costa Agreement No. 01-0036 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 Hour sNear 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. I I i i I I 1 I I EXHIBIT FY'2001/2002 COUNTY OF Contra Costa AGREEMENT NO. 01-0036 I COUNTY COMMITMENT CONTRACTED TOTAL TRAP TRAPS TRAPS TRAPS i MEDFLY 30 1,140 1,170 MC PHAIL 0 830 830 ORIENTAL FF 0 555 555 MELON FF 0 260 260 GYPSY MOTH 200 I 700 900 JAPANESE BEETLE 182 243 425 trap totals 412 3,728 4,140 McPhail traps in June,July inc.60 additional GM traps in and Aug total 750 and 830 in Ap.May,Sept,Octl April,May,Sept,Oct. I I I I i I I I i I I I i I I I I i Agreement Number 01-0036 Page 1 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to: George Loughner California Department of Food &Agriculture Pest Detection Emergency Projects 1220 N Street, Room A-330 Saccramento, CA 95814 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the 1 State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter i4.5, commencing with Section 927. I i : � I I I i i I I I EXHIBIT B COUNTY OF CONTRA COSTA AGREEMENT NO 01 -0036 I I PEST DETECTION TRAPPING BUDGET FY 2001/02 i A. PERSONNEL 1 Salaries $240,972 2 Staff Benefits & Overhe,ad $116,441 TOTAL $357,413 B. SUPPLIES $0 i C. VEHICLE OPERATION $27,955 i I i I TOTAL CONTRACT AMOUNT i $385,368 i I i VG:h/PestDetection/Det0102B.xls Agreement Number 01-0036 Page 1 EXHIBIT C (Standard Agreement) GENERAL TERMS AND CONDITIONS, GTC-201 PLEASE NOTE: This page is not included with the final agreement. The General Terms and Conditions are included in this agreement by reference to Internet site www.d.s.ca.gov/contracts. I I i Agreement Number 01-0036 Page 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Excise Tax ' The State of California is exempt from federal excise,taxes and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state. 2. Settlement of Disputes In the event of a dispute, Contractor shall file a "Notice of Dispute" with the CDFA within ten (10) days of discovery of the problem. Such Notice of Dispute shall contain the Agreement number. Within ten (10) days of receipt of such Notice of Dispute, the Agency Secretary, or Designee, shall meet with the Contractor and the CDFA project manager for the purpose of resolving the dispute. The decision of the Agency Secretary or Designee shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal. 3. Evaluation of Contractor Performance of the Contractor under this Agreement shall be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet(STD 4) and maintained in the Agreement file. For consultant agreements, a copy of the evaluation will be sent to the Department of General Services, Office of Legal Services, if it is negative and the agreement amount is over$5,000. 4. Agency Liability The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the. right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 5. Potential Subcontractors If Contractor subcontracts out a portion of the work required by this Agreement, nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 6. Right To Terminate The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein. However, the agreement can be immediately terminated for cause.