REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
March 10, 2020
FROM
ROBERTA WILLHITE, Agricultural Commissioner/Sealer, Department of Agriculture/Weights & Measures
SUBJECT
Title v
Revenue Agreement with the California Department of Food and Agriculture for Services related to the Exotic Pest Detection Trapping Program
End
RECOMMENDATION(S)
Recommendation
Approve Revenue Agreement with the California Department of Food and Agriculture, Pest Detection Emergency Projects Unit (State Agreement No. 19-0249) which will reimburse the Department of Agriculture / Weights & Measures for performing trapping and detection services related to the Exotic Pest Detection Trapping Program for a maximum reimbursement of $1,217,586 from July 1, 2019, through June 30, 2020.
(Presenter: Roberta Willhite, Agricultural Commissioner/Sealer, 909-387-2117)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). The revenue agreement specifies a term from July 1, 2019 through June 31, 2020, for a maximum reimbursement of $1,217,586. Appropriation and revenue that is included in the Agriculture / Weights & Measures (AWM) 2019-20 budget is less than the amount specified in the revenue agreement. Approval of budget adjustments to the AWM 2019-20 budget is not requested at this time, but may be included on a future quarterly countywide budget report presented to the Board of Supervisors for approval. At this time, additional staff will not be required to fulfill the services per the revenue agreement.
BACKGROUND INFORMATION
This revenue agreement with the California Department of Food and Agriculture, Pest Detection/Emergency Projects Unit (CDFA/PDEP) will reimburse AWM for placing and servicing traps for the detection of exotic pests which are considered hazardous to the State of California’s agriculture and economy, for a maximum reimbursement of $1,217,586 from July 1, 2019 through June 30, 2020.
This revenue agreement aligns with the County and Chief Executive Officer’s Goals and Objections to Pursue County Goals and Objectives by Working with Other Agencies with respect to detecting foreign insect pest infestations early enough to allow for their prompt and effective eradiation, and receiving reimbursement for the work performed.
CDFA/PDEP determined that placing and servicing traps should be performed by counties due to the widespread distribution of locations throughout the state where host material and fruit trees are found attracting many hazardous and invasive exotic insect pests, including the Mediterranean fruit fly, Mexican fruit fly, Oriental fruit fly, Melon fly, Gypsy moth and Japanese beetle. All trapping activities will conform to the current version of the State Insect Trapping Guide noted in the agreement work plan.
In 1980-81, the Board approved the initial revenue agreement with CDFA/PDEP for these trapping and detection services to be provided at locations throughout San Bernardino County and an agreement has since been renewed on a continual annual basis.
AWM received the revenue agreement from CDFA/PDEP on January 22, 2020, with an effective date of July 1, 2019 through June 30, 2020. This item is being presented to the Board at this time as this is the first date available for presentation following the required operational, fiscal and legal reviews. Approval at this time will have no impact on work performed for the Exotic Pest Detection Trapping Program since July 1, 2019 as it will be reimbursed under this agreement.
The agreement contains the following nonnegotiable nonstandard terms and conditions:
1. Disputes which arise under the agreement must be settled by binding dispute resolution before the CDFA Agency Secretary.
2. The County may terminate the agreement (1) for cause and (2) by written request if the State substantially fails to perform its responsibilities.
The impact of these nonstandard terms and conditions is as follows:
1. Standard County policy allows only for nonbinding dispute resolution. Binding dispute resolution must be approved by the Board of Supervisors. Under this agreement, the decision of the Agency Secretary is final, and the County has no option to pursue resolution of disputes through the court system.
2. Standard County policy gives the County the right to terminate for convenience with 30 days’ notice. Under this agreement, the State may terminate for convenience, but the County may not. The County may only terminate as stated in number two above.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel, 387-5455) on January 29, 2020; Finance (Elias Duenas, Administrative Analyst, 387-4052) on February 12, 2020; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on February 18, 2020.