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 b) Approve Agreement with Pacific Ecorisk Analytical Laboratory for water and sediment Pyrethroid toxicity analysis in the amount not to exceed $100,000 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 Pacific EcoRisk Laboratory. Pacific EcoRisk Laboratory is a state accredited laboratory.
Pacific EcoRisk is the only state-approved laboratory located in northern California that is able to analyze water and sediments for Pyrethroid pesticide insect toxicity. The Central Valley Regional Water Quality Board ordered Lake County, City of Lakeport and City of Clearlake, to conduct Pyrethroid toxicity monitoring of urban waterways in Lake County (order # 132 and 13383, July 2020).
Additionally, Pacific EcoRisk, along with Caltest (separate memo and board item) were the specific laboratories listed in reimbursement agreements between the two Cities and the District to conduct the state-ordered Pyrethroid monitoring. 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.
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) due to the unique nature of the goods or services precludes competitive bidding.
While the estimated amount budged is $100,000 per fiscal year, the entirety of those costs will terminate when the current Pyrethroid order expires, which is estimated to occur by December 2024. Additionally, 50% of those costs will be paid by the two partner cities, as described in the paragraph above.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Purchasing Considerations (check all that apply): ☐ Not applicable
☐ Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)
☐ Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)
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Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply): ☐ Not applicable
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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 b) Approve Agreement with Pacific Ecorisk Analytical Laboratory for water and sediment Pyrethroid toxicity analysis in the amount not to exceed $100,000 per fiscal year and authorize the Water Resources Director to sign the agreement.