HomeMy WebLinkAboutC23310 CV Mosquito & Vector Control Dist (CVMVCD) - CV RIFA Response ProgramCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVAL OF FUNDING AND SERVICE AGREEMENT
FOR AN INTERIM COACHELLA VALLEY RED IMPORTED
FIRE ANT RESPONSIVE PROGRAM
SUBMITTED BY: CARLOS L. ORTEGA, CITY MANAGER
DATE: JANUARY 13, 2005
ATTACHMENTS: AGREEMENT FOR RED IMPORTED FIRE ANT SERVICES
BY THE COACHELLA VALLEY MOSQUITO AND VECTOR
CONTROL DISTRICT
Recommendation
By Minute Motion:
1. Approve attached agreement for the Interim Red Imported Fire
Ant (RIFA) responsive program by the Coachella Valley
Mosquito and Vector Control District (CVMVCD).
2. Appropriate $36,019 from the unobligated general fund reserves
for City's annual interim program participation cost.
Executive Summary
In an effort to minimize the spread of Red Imported Fire Ants (RIFA) in the
Coachella Valley, the CVMVCD and the Coachella Valley Association of
Governments (CVAG) propose an interim responsive program to deter/halt the
spread of these ants. Please note that this is a temporary solution to halt the
further spread of the ants, until a thorough eradication program can be
implemented, via a proposed Coachella Valley Benefit Assessment District. The
CVMVCD has retained the services of a consultant to conduct a survey and
assist in implementing the proposed assessment district.
The program's agreement would be based on a six-month introductory period,
until a final outcome is rendered regarding the approval of the assessment
district. If no decision is received after the initial six month period, then a
mutually agreed upon three month extension may be implemented. The annual
Valley wide cost of this responsive program is $350,000, with the City's annual
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January 13, 2005
cost at $36,019, regardless of other agency participation. The six-month
contribution is set at $18,009.50 and the optional three-month extension is
$9,004.75.
Discussion
In the year 2000, the California Department of Food and Agriculture (CDFA)
initiated a five-year program to eradicate RIFA from the Coachella Valley. The
CVMVCD was contracted to provide eradication services and funding was
available through June 2004. However, the State terminated this program in
October 2003 and removed over $1 million in unspent program funds. The
program, known as the Coachella Valley Red Imported Fire Ant (CVRIA),
successfully provided 21,804 treatments on over 35,000 acres.
Since the program's termination, the Coachella Valley has experienced a gradual
movement of the RIFA to the East/Southeast. RIFA poses a serious threat not
only to the health and lifestyle of the residents but the economic vitality of the
Valley's agriculture, recreational, and tourist markets. The CVMVCD
subsequently requested financial assistance from local jurisdiction in December
2003, to mitigate this issue. The CVAG Energy and Environmental Resources
Committee directed CVAG staff to meet with the CVMVCD to establish various
service options. These options ranged from a responsive program ($350,000
annually), a proactive program ($600,000 annually), and to an eradication
program ($870,000 annually). The Committee recommended the responsive
program based upon fiscal considerations and that it would deter the continued
RIFA migration, until a more thorough solution could be implemented.
CVAG staff was requested to prepare a funding formula based on the $350,000
interim responsive program's cost. A CVAG RIFA Sub -Committee was
eventually established because of the various concerns raised by jurisdictions
regarding program funding and implementation. The Sub -Committee met
numerous times and actively discussed funding scenarios including a CVMVCD
Benefit Assessment Districts and other issues.
In October and November of 2004, the CVMVCD Board of Directors voted in
favor of retaining a consultant to study a benefit assessment district, denied an
action to call RIFA a vector, and denied an action to offer local jurisdiction a loan
to fund the responsive program, while the proposed assessment district was
formed.
In November of 2004, the CVAG Energy and Environmental Resources
Committee directed staff to prepare a funding formula for an interim responsive
program for local agencies wishing to participate until a final decision is rendered
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on the benefit assessment district. This formula is based on 25% population,
37.5% infestation sites, and 37.5% sites under treatment. Palm Desert's annual
costs under this interim program totals $36,019. CVMVCD will staff and supply
the RIFA equipment/pesticides and will not increase the Citv's cost above the
initial program allocation, if it is the only participating jurisdiction.
If the City Council approves this agreement, it will commence on February 1,
2005, and shall continue through July 31, 2005. In the event that the CVMVCD
has not initiated proceedings for a RIFA benefit assessment by July 31, 2005,
responsive services may be continued an additional three months.
Again, this interim program is proposed to temporarily inhibit the migration of the
RIFA, and is not intended to effectively eradicate and control RIFA. The District
is currently exploring the feasibility of establishing a benefit assessment district to
provide funding for potential RIFA eradication in the Coachella Valley.
Submitted by:
Carlos L. Ort
City Manager
CLO: SYA: ah
Reviewed by:.
Paul Gibson
Director of Finance
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Contract No. C23310
AGREEMENT FOR RED IMPORTED FIRE ANT SERVICES
BY THE
THE COACHELLA VALLEY MOSQUITO AND VECTOR
CONTROL DISTRICT
This Agreement for Red Imported Fire Ant Services is made and entered into on
by and between The Coachella Valley Mosquito and Vector
Control District ("District"), a special district, and , ("City") a
municipal corporation and is made in reference to the following facts and circumstances.
RECITALS
Whereas, the presence and spread of Red Imported Fire Ants ("RIFA") within the
Coachella Valley and within the City is detrimental to the health, safety and welfare of
the citizens and property within the City;
The District is exploring the possibility of establishing a benefit assessment
district to provide funding for treatment and potential eradication of RIFA in the
Coachella Valley;
The District has the management and technical expertise to provide services
related to the investigation and treatment of RIFA for the City on an interim, limited term
basis;
The City wishes to contract with the District to provide a RIFA responsive
program within the jurisdiction of City for a limited period of time as further provided
herein;
NOW THEREFORE, in consideration of the foregoing the parties do hereby agree
as follows:
1. Purpose
This Agreement is intended for the District to provide a responsive program to
requests for service pertaining to RIFA infestation within the City of
for a limited term.
2. Scope of Services
a. The District shall provide the staff, equipment and materials required to
provide RIFA responsive services within the jurisdictional boundaries of the City. The
District shall use its professional skill and judgment in determining the use of staff,
equipment and materials to be used to most effectively provide the RIFA responsive
services under this Agreement.
RIFA.A 1
Contract No. C23310
b. The City has been advised and acknowledges that this program of services
by the District is intended to be responsive only and is not designed, nor intended to
effectively eradicate and control RIFA. The District makes no warranty, express or implied,
concerning the level of control that may be achieved under this Agreement but is engaged
to use its best efforts to provide a responsive program within the jurisdiction of the City
during the limited term of this Agreement.
c. The District shall provide RIFA responsive services to the City in
accordance with the RIFA responsive program formula set forth in Exhibit A developed by
the Coachella Valley Association of Governments at a cost of per month.
d. The District shall respond to a service request related to RIFA infestation by
attempting to telephonically contact the complaining party within 24 business hours of
receipt by the District of a RIFA complaint.
e. The District shall investigate and, if appropriate, treat for RIFA infestation in
response to every service request originating within the jurisdiction of the City subject to the
priorities set out in the District's RIFA Protocol, a copy of which is attached hereto as
Exhibit "B".
3. Time Period
The services provided by this Agreement shall commence on February 1, 2005 or
upon later approval by the City and shall continue through July 31, 2005 unless terminated
as provided under paragraph 5 or extended as provided below. in the event that the
District has initiated proceedings for RIFA benefit assessment which has not been finally
established as of July 31, 2005, the services provided hereunder may be continued for up
to an additional three (3) months.
4. Payment
The District shall invoice the City in arrears for RIFA services on a monthly basis.
All payments by the City shall be made within net thirty (30) days of receipt of the invoice
for services.
5. Termination
Either party may terminate this Agreement, with or without cause, upon giving thirty
(30) days written notice to the other party.
6. Independent Contractor
In providing the services under this Agreement, the District is acting as an
independent contractor with the authority to control and direct the performance of the
details of the RIFA responsive services. Nothing contained in this Agreement, or in its
RIFA.A 2
Contract No. C23310
performance shall be construed to create a relationship of principal and agent, partnership
or joint venture as between the District and the City.
7. Indemnification
a. The District shall assume the defense of, indemnify and hold harmless
the City, its officers, employees, and each of them, from and against all actions,
damages, losses and expenses of every type and description to which they may be
subjected or put to, by reason of, or resulting from, the actions or inactions of the District
taken in the performance of this Agreement or any agreement entered into by the District
with reference to this Agreement.
b. The City shall assume the defense of, indemnify and hold harmless the
District, its officers, employees and agents, and each of them, from and against all
actions, damages, claims, losses and expenses of every type and description to which
they may be subjected or put, by reason of, or resulting from, the actions of the City
taken in the performance of this Agreement.
c. The indemnity provisions set forth in this Agreement shall survive its
termination.
8. Compliance with Laws and Regulations
All services performed by the District under this Agreement shall be performed in
accordance with, and in full compliance of, all applicable federal, state or local statutes,
rules and regulations.
9. Third Party Beneficiaries
This Agreement is made solely for the benefit of the parties to this Agreement and
their respective successors and assigns, and no other person or entity shall have or acquire
any right by virtue of this Agreement.
10. Miscellaneous
a. Neither party to this Agreement may assign, or delegate, any of the rights
and responsibilities set forth herein without the express written consent of the other party.
b. This Agreement shall be interpreted in accordance with and governed by
the laws of the State of California.
c. Each of the signatories to this Agreement warrants and represents that they
have full authority to enter into this contract on behalf of the entity they purport to represent.
RIFA.A 3
Contract No. C23310
d. This Agreement constitutes the final, complete and exclusive statement of
the terms of the agreement between the parties pertaining to the subject of RIFA response
services.
Executed at , California on the day and year first mentioned
above.
COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
By: Dated:
Donald E. Gomsi, General Manager
THE CITY OF Dated:
By:
Attest:
Its Duly Authorized Agent
City Clerk
RIFA.A
Contract No. C23310
Priorities for RIFA Treatment
Due to the large area of infestation and the resources available, it is necessary to
establish priorities for the order in which responses are performed. Priorities for
scheduling RIFA response are as follows:
a. A severe stinging incident.
b. Areas that pose a greater risk to the public health, safety and
welfare, such as schools, parks and other heavily trafficked areas.
c. Other infested properties ranked according to public health
considerations within the professional discretion and judgment of
District staff.
All service requests will receive a telephone response within one business day.
At that time inspections and/or treatments will be scheduled following the criteria
listed above. RIFA service will be provided in the shortest timeframe that staffing
will allow.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
RED IMPORTED FIRE ANTS PROGRAM - PROPOSED ALLOCATION COST
(INCLUDES COST TO AGUA CALIENTE)
25% POPULATION, 37.5% INFESTATION SITES, 37.5% SITES UNDER TREATMENT
Total Anticipated Cost: $350,000 Annually (if all jurisdictions participate)
JURISDICTION
Coachella
Desert Hot Springs
Indian Wells
Indio
La Quinta
Palm Desert
County - Unincorporated
Cathedral City
Palm Sarin s
Rancho Mirage
TOTAL
AGREED
TOTAL
$ 7,096
$ 4,739
$ 6,572
$ 14,634
$ 11,655
$ 36,019
$ 16,143
$ 31,443
$ 140,166
$ 81,533
$ 350,000
FILE (Excel) : U:\Acctg\Gary\Wohlmuth Projects\Fire Ants
MONTHLY
COST
INITIAL
RESPONSIVE
PERIOD
6-MONTH
COST
$ 591.33 $ 3,548.00
$ 394.92 $ 2,369.50
$ 547.67 $ 3,286.00
$ 1,219.50 $ 7,317.00
$ 971.25 $ 5,827.50
$ 3,001.58 $ 18,009.50
$ 1,345.25 $ 8,071.50
$ 2,620.25 $
•
$ 11,680.50 $
15,721.50
70,083.00
$ 6,794.42 $ 40,766.50
$ 29,166.67 $ 175,000.00
EXTENSION
(IF NEEDED)
3-MONTH
COST
$ 1,774.00
$ 1,184.75
$ 1,643.00
$ 3,658.50
$ 2,913.75
$ 9,004.75
$ 4,035.75
$ 7,860.75
$ 35,041.50
..............
$ 20,383.25
$ 87,500.00
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