HomeMy WebLinkAboutAgreement A-21-506 with the Regents of the University of CA.pdf Agreement No. 21-506
UNIVERSITY REIMBURSEMENT AGREEMENT
(County of Fresno)
THIS REIMBURSEMENT AGREEMENT is made and entered into as of the date last signed
below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA on behalf of
the Department of Agriculture and Natural Resources (University) and its Statewide Integrated
Pest Management Program (UC IPM) and COUNTY OF FRESNO (Contractor) and its County
Agricultural Commissioner(CAC).
The parties agree as follows:
1. Services.
A. UC IPM shall provide technical assistance and training to county agricultural
commissioner personnel on the use of traps and detection procedures, and Assist with
and review the county's ISHB trapping program.
B. CAC shall Hire and train personnel as needed,provide and maintain trapping vehicles,
ensure that supervisors and trapping personnel attend training provided, ensure that
all trapping activities conform to the Early Detection and Rapid Response Guidelines
(EDRRG), as further described in Exhibit A.
The detailed description of the work to be performed is set forth in "Scope of Work",
attached hereto and made a part hereof as "Exhibit A".
2. Term. The term of this agreement shall be from the date of last signature below continuing
through 3/31/22.
3. Reimbursement by University. In consideration of the services described in Exhibit A and
upon invoice from CAC, University shall reimburse Contractor as described in Exhibit
A.The total shall not exceed$10,763.
4. Independent Contractor Status. The Contractor who provides the services described in
Section 1 to University is not an agent or Contractor of University and will not be covered
by University's workers' compensation insurance or unemployment insurance nor shall
Contractor be entitled to any other University benefit. Contractor shall remain an Contractor
of CAC.
5. Termination. This agreement may be terminated by either party upon thirty (30) working
days'written notice to the other party. If this agreement is terminated at any time during its
term, CAC shall be reimbursed for all completed services rendered up to and including its
last day of service. Any cost associated with non-cancellable obligations will be split
between parties. University reserves the right to determine what shall be deemed completed
services.
6. Alteration, Amendment. No alteration of the terms of this agreement shall be valid or
binding upon either party unless made in writing and signed by both parties. This agreement
may be amended at any time by written agreement of the parties.
7. Indemnification. The parties shall defend, indemnify, and hold each other harmless from
and against any and all liability, loss, expense, attorneys' fees, or claims for injury or
damages arising from the performance of this agreement, but only in proportion to and to
the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are
caused by or result from the negligent or intentional acts or omissions of the indemnifying
party, its officers, agents, or Contractors.
8. Insurance. Each party, at its sole cost and expense, will insure its activities obtain,keep in
force,and maintain the following insurance with the minimum limits set forth below,unless
University specifies otherwise:
8.1 Comprehensive or Commercial Form General Liability Insurance. (Contractual
liability included)with limits as follows:
Each Occurrence $1,000,000
General Aggregate $ 2,000,000
8.2 Workers' Compensation. Workers' Compensation as required by applicable state law
and Employer's Liability with limits of one million dollars ($1,000,000) per
occurrence.
9. Notification.Any notice required or permitted hereunder shall be sent to the parties via U.S.
mail, postage prepaid, or by personal service or as may otherwise be permitted by law,
addressed as set forth in this section. Either parry may change its address by written notice
to the other during the term.
UNIVERSITY COUNTY
Paul Zhukotansky Melissa Cregan
Business &Revenue Contracts Fresno County Department
University of California Of Agriculture
260 Cousteau Pl. Ste. 150 1730 S. Maple Ave.
Davis, CA 95618 Fresno, CA 93702
E-mail: pzhukkucdavis.edu E-mail: meregangfresnocoun , ca.gov
UC IPM
Jeri Hansen
UC ANR Pest Management Program
1 Shields Ave
Davis, CA 95616
E-mail: ighansenkucanr.edu
10. Applicable Law. This agreement shall be construed pursuant to California law.
11. Use of Names. Either party shall not use the name of the other party in any form or manner
in advertisements, reports, or other information released to the public without the prior
written approval of the other party.
12. Relationship of the ,Parties. The parties to this agreement shall be and remain at all times
independent contractors, neither being the Contractor, agent, representative, or sponsor of
the other in their relationship under this agreement.
13. Force Maieure. Neither party shall be liable for delays due to causes beyond the party's
control, including, but not limited to, acts of God, war, public enemy, civil disturbances,
earthquakes, fires, floods, epidemics,pandemics (including but not limited to COVID-19),
quarantine restrictions, strikes, freight embargoes, rolling blackouts, terrorist threats or
actions on University property and unusually severe weather.
14. Federal Exclusion Warrantv. CAC warrants that it is not excluded from participation in any
governmental sponsored program, including, without limitation, the Medicare, Medicaid,
or Champus programs (http://exclusions.oig.hhs.gov/search.htm1) and the Federal
Procurement and Non-procurement Programs (http://epls.gov). This agreement shall be
subject to immediate termination in the event that CAC is excluded from participation in
any federal healthcare or procurement program.
15. Whole Agreement. This agreement constitutes the entire understanding of the parties
respecting the subject matter hereof and supersedes any prior understanding or agreement
between them, written or oral, regarding the same subject matter.
AGREED:
COUNTY FRESNO THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
Paul Digitally signed by Paul
Zhukotansky
Zhukotansky 08 20Z2....05":'6:Z'
By: By:
Steve Brandau Paul Zhukotansky
Chairman of the Board of Supervisors Analyst/Contract Negotiator
of the County of Fresno Procurement and Contracting Services
UC Davis
Date: Date:
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:-- —
Deputy
Agreement# 840473
Exhibit A
SCOPE OF WORK
SPECIFICATIONS FOR STATE-COUNTY
INVASIVE SHOT-HOLE BORERS PROGRAM GRANT
Fiscal Years 2020 - 2022
Effective Dates: TBD to March 31, 2022
AGENCY RESPONSIBILITY
The University of California Statewide Integrated Pest Management Program (UC IPM) shall:
A. Provide technical assistance and training to county agricultural commissioner
personnel on the use of traps and detection procedures.
B. Assist with and review the county's ISHB trappingprogram.
The County Agricultural Commissioner (CAC) shall:
A. Ensure that supervisors and trapping personnel attend training provided.
B. Ensure that all trapping activities conform to the Early Detection and Rapid
Response Guidelines (EDRRG), Attachment 1.
1. Ensure that a copy of the current version of the EDRRG is kept in each
trapper's vehicle for reference.
2. Should there be a discrepancy between the Scope of Work or the enclosed
EDRRG, the Scope of Work shall supersede the EDRRG.
C. Place and service as many Elm Beetle Sticky Traps or Lindgren funnel traps as feasible at
identified High Risk Sites spread at approximately one-mile intervals throughout the County.
1. Trapping will be conducted by CAC office in high risk areas (large tree nurseries,
firewood storage facilities, campgrounds, green waste processing sites, riparian areas,
or other areas they deem necessarx)from March to October or when temperatures reach
687:
• Elm leaf beetle panel white sticky panel traps or Lindgren funnel traps should have
a Quercivorol lure attached to them.Lindgren funnel trap serviced every two weeks,
white sticky traps serviced once a month.
• Quercivorol lure lasts four weeks.
• Do NOT hang traps in or under tree canopies, in areas exposed to high winds or
where traps may y get wet.
• Suspect beetles will be screened and selected b. county and submitted to
the California Department of Food and Agriculture(CDFA),Plant Pest Diagnostics
Laboratory to identify the beetle morpholo ig cally to Euwallacea sp. (ISHB).
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D. Ensure that all traps are properly identified with a unique trap number and accurately
reflect servicing baiting and rebaiting dates. The unique trap numbering system is based
upon the Statewide Trapping Grid(reference h=://mapscdfa.ca.gov
/TrapBooks/MapBookHella2dffor software needs, links to the Map Books and
Geographic Information System GIS) Igyers, and contacts for assistance).
1. The naming convention for the grid system is alphanumeric. Columns are Alpha (A -
UW) and rows are Numeric (001 - 656). The grid name is the combination of column
and row names. Naming starts in the northwest corner of the state and runs through
the southeast. The remainder of the trap number consists of the quint or subgrid, trap
type, and an intra-quint or intra- subgrid designation if more than one trap of that
type is present or it is otherwise needed to track a trap that moves between quints.
For example, trap EV241-S-OF1 is in grid EV241, south quint, trap type is oriental
fruit fly, and it is designated as number "1" OF trap within that quint.
2. Ensure that the unique trap number is placed properly on all traps, along with
accurate placement, servicing baiting, and rebaiting dates, as appropriate. White
Elm Beetle sticky panel trap - full trap number, placement date, and trapper's initials
on backside when placing; note servicing dates on outside non-sticky margins.
E. Maintain or add trapping data to Daily Trapping Summaa (DTS)(Form 60-210) for
each trapper, Attachment 2. This form must be completed daily, signed by the
individual who performed the work and submitted to the trapping supervisor. All DTS
forms must be kept on file, for the CDFA/UC IPM Audits Office, for three years.
F. Complete a monthly ISHB Report, documenting all traps deployed, added, removed,
and serviced during the month, Attachment 3.A servicing is an inspection of the trap
for the presence of the target pest. Relocations are considered trap servicings. Do not
count trap relocations as"removed" and then "added." A copy of this form must
accompany the monthly invoice.
G. Provide one set of trapping records for all traps. This set, in the form of either the "Trap
Book" or electronic records, shall indicate the exact trap location using a site map and
all information regarding_ trap placement, servicing, baiting, relocation and removal.
H. Provide trapping data to ISHB trapping and survey coordinator using the Survey 123
form provided by UC IPM or a form containing the same fields. Submit data to ISHB
survey and trapping_coordinator, Hannah Vasilis at hrvasilisgucanr.edu
K. Allow UC IPM or CDFA personnel to accompany trappers and/or supervisors in the
field. This will be credited as field training for county personnel.
L. Submit invoices,Attachment 4,along with the Report Number monthly by postal
mail or e-mail to:
Ashley Carr
UC IPM
2801 Second Street
Davis CA 95618
ashcarr@ucanr.edu
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1. Submit monthly invoices and corresponding ISHB Report no later than 30 days past
the end of the month in which the invoiced activity occurred to both UC IPM and to
the ISHB Survey and Trapping Coordinator. Reimbursement will not occur unless the
ISHB Report is submitted with the invoice.
2. If the invoice carries a signature block, the block must be signed. Invoices with
blank signature blocks cannot be processed.
3. The invoice must contain the following:
a. Coun , name
b. Remit to address
c. Date of submittal
d. Invoice number
e. Agreement name
f. Agreement number
g. Billing period
h. Allowable itemized charges as listed on the Financial Plan:
Trapping data (attachment 2), number of traps, trap locations,
4. All invoices, including any amendments, must be received within 30 days of the
expiration date of the agreement.
5. Please do not use dark highlights. Dark highlights may make the numbers illegible
and the invoice unacceptable to the UC Davis Procurement Services.
6. Payment will be made monthly, in arrears,upon receipt of the ISHB Report and
aqpproval of the invoice.
7. Please note that UC IPM cannot reimburse for more than the total agreement
amount. However,the County should continue to send monthly invoices even if the
fiscal year agreement funds are depleted.
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Attachment - I
Early Detection and Rapid Response Guidelines
Table VII.Trannine protocols by location tyre.
Priority Survey Trapping Protocol
Area
Counties on The trapper will deploy individual white sticky traps and querciverol lures
Leading Edge of at approximately one-mile intervals along the infestation frontier within
Infestation each county,targeting high-risk sites. Traps will be serviced March-
October at greenwaste and firewood sites as beetles are expected to leave
cut wood during favorable weather conditions. For the remaining sites,the
surveyor will check traps either March- October or within one selected
month twice per year(February-April and September- October). For the
latter,trapping cycles will be adjusted to coincide with optimum
temperatures for beetle flight patterns in the area. To save materials, the
trapper will check traps at week two and check and replace traps and lures
when they expire at week four. The trapper will conduct surveys either on
biweekly or monthly intervals.
Trapping in Riparian Corridors and Natural Areas
Option 1: Three 01-acre plots per acre of continuous riparian host area.
1. Deploy one trapper plot(trap can be placed at an optimal place within the plot-it does not have
to be located at plot center).
2. If trap yields a positive ISHB find proceed with a visual survey
a. Locate and record plot center and divide plot into quadrants
b. Identify box elder in quadrants and perform a visual survey on stems >5"DBH
(diameter at breast height) as well as castor bean plants older than twos
recognizable by woody bark.
c. If box elder is not present in the plot, perform a visual survey of all stems>5" DBH
of 15 most susceptible host species.
Attachment • 2
STATE OF CALIFORNIA
DAILY TRAPPING SUMMARY COUNTY
NAME:
DATE:
- - - - - - - - - - - - - - - - -
ROUTBBOOK
------------------------------------------------------------------------
DAILY SERVICING TRAPS IN SERVICE
TRAP
TYPE PLACED REMOVED TOTAL IN
SERVICED RELOCATED TOTAL PDT (+) (-) SERVICE
ISHB
1
1
1
1
1
1
1
TOTAL
COMMENTS:
--------------------------------------
SERVICED...............mAPS SERVICED BUTNOT RaOCATED.
RELOCATED-•• • .•TRAPS SERVICED ANDRELOCATED
PDT.•••••••••••."PREVIOUSDAY'STOTALOFAB TRAPS.OFTHATTYPE.THATAREINSERVICEINYOURROUTE.
PLACED(+)• ANYTRAP THAT WILL ADDTO THETOTAL NUMBER OF TRAPS,OF THAT TYPE.INYOURROUTE.
THISINCLUDESNEW PLACEMENTS ANDTRAPSGIVENTOYOUFROMANOTHERTRAPPER.REMOVED
O•••_" ANYTRAPTHAT WILL SUBTRACT FROMTHETOTALNUMBER OFTRAPS,OFTHATTYPE,INYOUR
ROUTE.THIS INCLUDESREMOVALS,LOSTORMISSINGTRAPSNOTREPI.ACEOANDTRAPSGIVEN
FROMYOUTOANOTHERTRAPPER.
TOTALINSERVICE.a ADDTOOR SUBTRACT FROMPDT:THISINDICATES THETOTALNUMBEROF TRAPS INYOURROUTE AT
THEEND OF THE INDICATED DATE.
80-210 4194
State of California Attachment - 3
Department of Food and Agriculture
Division of Plant Health and Pest Prevention Services
Invasive Shot Hole Borer Program Report Number One
COUNTY MONTH YEAR
County Name
UNITS INSPECTED THIS MONTH
VISUAL
INSPECTION ACRES PROPERTIES LINEAR
NET/GROSS MILES
COMMERCIAL CROPS
PUBLIC CONTACT
MONTHLY TRAPPING ACTIVITY
Total number Traps added or Traps added or Total in Total number Total in
of trap operation at of trap operation at
removed(+/-) removed(+/-)
service Units end of month servicing end of month
ISHB
COMMENT:
Attachment 4
Invoice
County Name
FED ID #
Invoice Description (Trapping Data Item Amount Total Amount
Dates (attachment 2), number of
traps, trap locations
Please Make Check Payable to:
Remit to:
**Overhead percent is editable,may fluctuate per county and must not exceed 25%
FOR ACCOUNTING USE ONLY:
Fund: 0001
Subclass: 10000
ORG: 40101001
Account 3575