Memorandum
Date: September 1, 2023
To: The Honorable Lake County Board of Supervisors
From: Scott De Leon, Director, and Angela De Palma-Dow, Program Coordinator, Water Resources Department
Subject: (Sitting as the Board of Directors of the Lake County Watershed Protection District) a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2 (2), as competitive bidding is not in the public interest due to the unique nature of the goods and services and competitive bidding would produce no economic benefit to the County, and b) Approve Agreement with Caltest Analytical Laboratory for water sampling analysis in the amount not to exceed $49,000 per fiscal year and authorize the Water Resources Director to sign the agreement.
Executive Summary:
Staff is requesting the Board of Supervisors, acting as the Directors of the Lake County Watershed Protection District (District), authorize the Water Resources Director to accept and execute a service contract agreement between the Watershed Protection District and Caltest Analytical Laboratory. Caltest is a state accredited laboratory.
As described in the Contract Agreement Scope of Work, Caltest Analytical Laboratory is primarily used for the unique testing of chlorophyll-a (chl-a; measurement of green pigment in lake algae or phytoplankton). The chl-a analysis is important to the understanding of algal blooms and cyanobacteria in Clear Lake.
Additionally, Caltest provides analysis for some of the state-ordered Pyrethroid testing project, part of the storm water MS4 permit. Caltest has and can provide other miscellaneous laboratory analysis services, as needed for state orders and requirements, and for ambient water quality investigations (i.e. PFAS, post-fire monitoring).
This lab contract would allow the District to continue utilizing Caltest to analyses contaminants, and chemical nutrients, and other important constituents, from water samples collected in Lake County. At the August 15th BOS meeting, the District approved an agreement with Alpha Analytical Lab located in Ukiah, however Alpha does not conduct the needed analysis of chl-a or toxicity analysis for Pyrethroids, both are state required water quality monitoring metrics per the Clear Lake nutrient TMDL (Total Maximum Daily Load) and Pyrethroid orders.
Staff is requesting that the Board waive the competitive bidding process and approve the attached services contract agreement with Alpha in accordance to Lake County Code Section 38.2 (2) & (3), due to the unique nature of the goods or services precludes competitive bidding and competitive bidding would produce no economic benefit to the District.
Additionally, Caltest, along with Pacific EcoRisk (separate memo and board item) was the lab listed in reimbursement agreements between the two Cities and the District to conduct the state-ordered Pyrethroid sampling. These agreements were approved by the Board of Supervisors and Board of Directors of the Watershed Protection District in resolution #2021-33 passed unanimously on October 19, 2021.
While the estimated amount budged is $49,000 per fiscal year, the majority of those costs will reduce when the current Pyrethroid order expires, which is estimated to occur by December 2024. Prior to the Pyrethroid order, and estimated to resume after the order terminates, the cost per year for analysis at Caltest is not expected to exceed $15,000 within a fiscal year.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
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Recommended Action:
(Sitting as the Board of Directors of the Lake County Watershed Protection District) a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2 (2), as competitive bidding is not in the public interest due to the unique nature of the goods and services and competitive bidding would produce no economic benefit to the County, and b) Approve Agreement with Caltest Analytical Laboratory for water sampling analysis in the amount not to exceed $49,000 per fiscal year and authorize the Water Resources Director to sign the agreement.